Chapter 2

Chapter 2. Subdivisions

Article 1. General Provisions

Sec. 10-2.101 Purpose and Scope.

The purpose of this Chapter and any rules, regulations and specifications adopted pursuant thereto, is to control and regulate the division of any real property within the City and such real property as may be annexed to the City, except such divisions of real property as are specifically excepted from the provisions of this Chapter.

Sec. 10-2.102 Exceptions.

This Chapter shall be inapplicable to:

(a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;

(b) Mineral, oil or gas leases;

(d) Short-term leases (terminable by either party on no more than thirty (30) days notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, unless a showing is made in individual cases, under substantial evidence, that public policy necessitates the application of subdivision regulations to such short-term leases in such individual cases.

(e) A lot line adjustment between two (2) or more existing adjacent parcels, where the land taken from one (1) parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the City Council. In order to secure City approval, a drawing in form and content acceptable to the City Engineer showing the lot line adjustments) shall be filed with the City Engineer.

(f) Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide or submerged lands is a party

(g) Any separate assessment under Section 2188.7 of the Revenue and Taxation Code of the State of California.

(h) The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other city ordinances regulating design and improvement.

(i) The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

(j) The construction, financing or leasing of dwelling units for persons sixty (60) years of age or over pursuant to Section 65852.1 of the Government Code of the State of California or second units pursuant to Section 65852.2 of said Government Code, but this Chapter shall be applicable to the sale or transfer, but not leasing of those units. (Ord. 187 §§ 1, 3, 1984: Ord. 178 § 1, 1983)

Sec. 10-2.103 Maps Required.

A tentative and final map shall be required for all subdivisions creating five

(5) or more parcels, five (5) or more condominiums as defined in Civil Code Section 783, or a community apartment project containing five (5) or more parcels, except:

(a) Where real property before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the City Council; or

(b) Where each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or

(c) Any parcel or parcels of real property having approved access to a public street or highway which comprises part of a tract zoned for industrial or commercial development, and which has the approval of the City Council as to street alignments and widths; or

(d) Any parcel or parcels of real property divided into lots or parcels, each of a gross area of forty (40) acres or more.

A parcel map shall be required for minor subdivisions and for those subdivisions described in (a), (b), (c) and (d) of this Section.

Sec. 10-2.104 General Requirements for Subdivisions.

In all subdivisions consideration shall be given to provision for uniformity of street widths and for properly relating alignments and street names. Preservation of the privacy and safety of streets in residential areas shall be encouraged by the prevention of through traffic in such areas. The amount of street required shall be directly related to the traffic generating uses of abutting land. The number of intersections on major streets shall be reduced to a minimum consistent with the basic needs of ingress and egress. Intersections shall be so designed as to provide for the greatest safety both for pedestrians and motorists. Provisions shall be made for assuring adequate light, air and privacy on all parcels of property, regardless of the land use. The topography of the land shall be respected and streets shall be designed so as to prevent excessive grading and scarring of the landscape. Problems of drainage shall be resolved in such a manner as to permit the occupants of the subdivision reasonable security against flooding.

Sec. 10-2.105 Variations.

Whenever the real property involved in any subdivision is of such size or shape or is subject to such title limitations of record or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible, impractical or undesirable in a particular case for the subdivider fully to conform to the regulations contained in this Chapter, or a Planned Unit Development is proposed, variations from the requirements of this Chapter may be permitted by the City Council provided such variations are in conformity with the spirit and purpose of the Map Act and this Chapter.

Sec. 10-2.106 General Responsibilities of Director of Public Works.

The Director of Public Works shall be responsible for reporting to the City Council that the proposed subdivision and proposed improvements are consistent with the regulations contained in this Chapter, and for the supervision and ultimate approval of all such improvements.

Sec. 10-2.107 General Responsibilities of Director of Planning.

The Director of Planning shall be responsible for reporting to the City Council that the proposed subdivision and proposed improvements are consistent with the general and specific plans of the City, and in conformity with the zoning ordinance.

Sec. 10-2.108 Jurisdiction of Council.

The City Council has final jurisdiction in the approval of subdivision maps, the establishment of standards of design and improvements, and the acceptance of such lands and/or improvements as may be proposed for dedication as a result of the subdivision process.

Sec. 10-2.109 Referral to Affected Agencies.

Since the provision of some public facilities and utilities are vested in special districts and government boards, bureaus or agencies and utility companies, both public and private, hereinafter referred to as agencies, whose jurisdiction includes the city and contiguous surrounding area and whose services will be required in those areas which are subdivided under the regulations herein, all proposed subdivision maps shall be referred to affected agencies for their information, action, and written report as an integral part of the subdivision process. The Director of Planning shall coordinate the dissemination of information regarding a proposed subdivision, and the City Council in its approval, conditional approval or disapproval of the proposed subdivision shall consider the written reports of such agencies and shall take into account their requirements.

Sec. 10-2.110 Effect of Annexation.

(a) When any area in a subdivision as to which a final map has been finally approved by the board of supervisors and filed for record pursuant to the Map Act is thereafter annexed to the City, the final map and any agreement relating to such subdivision shall continue to govern such subdivision.

(b) When any area in a subdivision or proposed subdivision as to which a tentative map has been filed but a final map has not been finally approved, or as to which a parcel map is required by the Map Act or county ordinance but the final act required to make such parcel map effective has not been taken, is annexed to the City, all procedures and regulations of this Chapter shall be deemed to commence as of the effective date of the annexation and the map shall comply with all requirements of applicable ordinances of the City.

Sec. 10-2.111 Title.

This Chapter shall be known as the Hercules Subdivision Ordinance.

Sec. 10-2.112 Advisory Agency.

For the purposes of this Chapter the Planning Commission shall be the Advisory Agency, but its authority as the Advisory Agency shall be limited to review of tentative and parcel maps, holding public hearings thereon and making recommendations to the City Council. (Ord. 175 § 2 (part), 1983)

Article 2. Definitions.

Sec. 10-2.201 Use of Definitions.

For the purpose of this Chapter, the words and phrases set forth in this Article shall have the meanings respectively ascribed to them herein. Whenever any words or phrases in this Chapter are not defined herein but are defined in the Map Act, or in the Zoning Ordinance, such definitions are incorporated herein and shall apply to such words and phrases, unless the context clearly indicates a contrary intention.

Sec. 10-2.202 Block.

“Block” shall mean the length of the frontage along the property line between consecutive streets intersecting the street upon which the property fronts; it may also mean the area consisting of one or more lots or parcels bounded on all sides by the adjacent streets, rights-of-way, railroads, public areas, or subdivision boundary.

Sec. 10-2.203 Collector Street.

“Collector Street” shall mean a street that is intersected by two or more minor streets.

Sec. 10-2.204 Cul-de-Sac.

“Cul-de-Sac” shall mean a street open at one end only, and providing at the other end special facilities for the turning around of vehicular traffic.

Sec. 10-2.205 Lot.

“Lot” shall mean a parcel or portion of land separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds for purpose of sale, lease or separate use.

Sec. 10-2.206 Major Street.

“Major Street” shall mean any street which serves or is to serve as a major traffic artery for intercommunication between districts of the City.

Sec. 10-2.207 Map Act.

“Map Act” shall mean the Subdivision Map Act of the State of California.

Sec. 10-2.208 Minor Street.

“Minor Street” shall mean any street intended wholly or principally for local traffic, or service to abutting property.

Sec. 10-2.209 Minor Subdivision.

“Minor Subdivision” shall mean a subdivision of four (4) or less.

Sec. 10-2.210 Standards, Subdivision Improvement.

“Subdivision Improvement Standards” shall mean the standard specifications, standard details, other construction standards and design criteria in effect in the City of Hercules.

Sec. 10-2.211 Subdivider.

“Subdivider” shall mean any person, firm, corporation, partnership, association or other entity or group who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or others.

Sec. 10-2.212 Subdivision.

“Subdivision” shall mean the division of any improved or unimproved real property, or portion thereof, 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. “Subdivision” includes a condominium project as defined in Civil Code Sec. 1350 or a community apartment project as defined in Business and Professions Code Sec. 11004. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights of way. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

Article 3. Tentative Map

Sec. 10-2.301 Preparation of Tentative Map.

The tentative map shall be prepared by a registered civil engineer or licensed surveyor.

Sec. 10-2.302 Form and Content of Tentative Map.

(a) The tentative map shall be clearly and legibly drawn; it shall be drawn to an engineer’s scale large enough to show all information but not smaller than one inch equals one hundred feet.

(b) When the area to be subdivided is shown on more than one sheet, a map showing the entire area and indicating street and lot lines only shall be required as part of the tentative map submissions.

(1) The subdivision number, the type of subdivision, and may contain such name as may be selected by the subdivider.

(2) Names and addresses of:

A. The record owner or owners of the property.

B. The subdivider.

C. Person or persons who prepared the map.

(3) Topographical contours showing accurately the existing terrain within the subdivision. Contour interval shall not be greater than two feet (2') if the ground slope is less than ten percent (10%) nor larger than ten feet (10') for ground slopes greater than ten percent (10%), and at such intervals that the contour lines will not be spread more than one hundred fifty feet (150') (ground distance) apart. Elevations shall be in accord with U. S. Geological Survey (1929 Sea Level Datum).

(4) Existing drainage channels, roads, culverts, overhead and underground utility lines which may affect the design of the subdivision, wells and springs, major structures, irrigation ditches, utility poles, and other improvements in their correct location.

(5) The outline of existing slides, slips, slump areas, and the approximate boundaries of areas subject to inundation or storm water overflows and the location, width, approximate grade, direction of flow and type of facility of all existing water courses.

(6) The edges of pavements of existing paved roads, driveways, and the edges of existing traveled ways within public rights-of-way and easements or within private common rights-of-way.

(7) Location of existing property lines of the subdivision, sufficient description to define the location and boundaries of the proposed subdivision, and approximate boundaries of existing easements within the subdivision, with the names of the owners of record, of easements, exclusions, and the properties abutting the subdivision.

(8) Existing sewers, culverts or other underground structures within the tract and immediately adjacent thereto with pipe sizes, grades, and locations indicated.

(9) Existing use or uses of the property and, to scale, the outline of any existing buildings and their locations in relation to existing or proposed street and lot lines.

(10) Statement or plan as to proposed plans for draining the area subject to flooding or inundation by waters flowing into or from the subdivision.

(11) Delineation of the plan for drainage and for handling storm water.

(12) Statement or delineation of the water system to be installed, including source of water supply and the approximate locations of proposed water storage and pumping facilities, if any.

(13) Delineation of the proposed sewage collection system and statement of the provision for sewage disposal.

(14) The locations, names, widths, approximate proposed grades and gradients, radius of curves along property lines, typical cross-sections and details of curbs, gutters, sidewalks, and other improvements of all streets and easements.

(15) Typical geometric sections for streets showing pavement width, curbs, sidewalks, grading in marginal strips slopes of cuts and fills, and other construction proposed or applicable.

(16) The approximate width and location of all proposed easements for drainage, sewerage, public utilities and access; a description of the type or design of electric and telephone utility lines; and all building and use restrictions pertaining to such easements or facilities.

(17) The proposed lot and street layout with scaled dimensions of each lot.

(18) Size of smallest lot in the subdivision.

(19) Description and location and Existing elevation of an established bench mark and of other bench marks within the immediate vicinity.

(20) If to be developed in increments, indication of the approximate sequence of development by units.

(21) Date, north arrow and scale.

(22) The locations, names and existing widths of adjacent streets, highways and ways.

(23) Vicinity map drawn on the map at a small scale which shows the proposed subdivision, surrounding areas, existing development, streets and highways, creeks, railroads and other data sufficient to locate the proposed subdivision and show its relation to community development.

(24) Proposed public areas, if any.

(25) Boundary lines of existing land use zones and, if different the proposed land use zones.

(26) A notation stating the proposed variations, if any, from the requirements of the subdivision ordinance.

(27) A notation stating the concurrent submittals accompanying the tentative map.

Sec. 10-2.303 Data to Accompany Tentative Map.

The tentative map shall be accompanied by the following data, which shall be submitted at the time the map is filed:

(a) Proposed use or uses of the property.

(b) A description of the proposed subdivision, including the number of lots, their average and minimum size, and nature of development.

(d) The proposed method of maintenance of private streets and/or common areas, if any.

(e) An outline of any proposed deed restrictions.

(f) A list of accompanying or proposed applications to the City that will be required by other city ordinances to construct the subdivision and use and occupy the proposed buildings.

(g) When the subdivision proposes a variation from the requirements of this Chapter or of any other applicable city ordinance, or is not in conformity with the general or specific plans of the city, a written statement and other supporting material as may be reasonably required by the City to justify the proposed variation.

(h) Five (5) copies of a report of a site reconnaissance by a soil engineer regarding slide conditions, existing or anticipated; geologic features topography; or soil conditions, within or immediately adjoining the proposed development and their effect on the design and layout of the proposed subdivision.

(i) When a tentative map is filed on an area which is a part of a larger single ownership which may be subdivided in the future, and there is no specific area plan or the proposed subdivision deviates from the existing area plan the submission of a sketch showing the proposed future development may be required.

(j) Submission of five (5) copies of a preliminary grading and site development plan, including drainage, may be required.

(k) Such other information and data as may be required by the Director of Planning.

Sec. 10-2.304 Filing Tentative Map.

Fifteen (15) copies of the tentative map and the accompanying data and such additional number of copies as may be required, shall be filed with the Planning Department together with a filing fee as ;et by resolution of the City Council. Within two working days after the tentative map has been received, the Planning Department shall examine the map and accompanying data and if they appear to substantially comply with the requirements of this Chapter as to form and accepted for filing. The time of filing shall be the time at which it is so accepted.

If it is not accepted it shall be returned to the subdivider with a written statement of the reason for nonacceptance.

Sec. 10-2.305 Referral of Tentative Map to Other Departments and Affected Agencies.

The planning Department shall forward copies of the tentative map and the accompanying data to the Public Works Department and all other departments of the city that may be affected by or concerned with the proposed subdivision, and to affected agencies as provided in Section 10-2.109. At the same time the tentative map and accompanying data shall be submitted by the Director of Planning to the Planning Commission. (Ord. 175 § 1 (part), 1983)

Sec. 10-2.306 Hearing and Notice by Planning Commission.

Upon receipt of a tentative map and accompanying data, the Planning Commission shall set a public hearing on such tentative map, such hearing to be held within thirty (30) days after receipt.

Not less than ten (10) days nor more than twenty (20) days prior to the date of the public hearing, the Director of Planning shall give written notice thereof by mailing, postage prepaid, a notice of the time and place of the hearing to the subdivider and to each person whose name appears on the last equalized assessment roll of Contra Costa County, or as known to the Director of Planning, as owning property within three hundred (300) feet of the exterior boundaries of the property proposed to be subdivided, at the address shown on said assessment roll, or as known to said Director of Planning. Notice of the public hearing shall also be given by posting three (3) or more copies, appropriately spaced, of such notice of hearing on or adjacent to the property proposed to be subdivided not less than ten (10) days prior to the date of the hearing and by publication of such notice of hearing at least once in a newspaper of general circulation circulated in the City of Hercules not less than ten (10) days prior to the date of the hearing.

At the hearing the Planning Commission shall review and consider the tentative map and shall receive all evidence pertinent thereto. Each hearing shall be open to the public and all persons present shall be given an opportunity to be heard. Such hearing held by the Planning Commission shall be concluded on the date of the hearing and shall not be continued. (Ord. 175 § 1 (part), 1983)

Sec. 10-2.307 Planning Commission Report and Recommendation.

The report and recommendation of the Planning Commission on the tentative map shall be submitted to the City Clerk within three (3) days after the public hearing thereon. Such report shall include all data and information pertinent to the Planning Commission’s recommendation. (Ord. 175 § 1 (part), 1983)

Sec. 10-2.308 Subdivision Conference.

The Planning Department may hold a subdivision conference on the tentative map with the subdivider or his agent, other city departments and all affected agencies. At such conference the recommendations of the Planning and other city departments and the affected agencies may be considered and correlated. A written report of the recommendations shall be forwarded to the subdivider or his agent prior to final action on the map by the City Council. A revised tentative map incorporating some or all of such recommendations may be submitted not later than two (2) working days prior to its consideration by the Council. (Ord. 175 § 1 (part), 1983)

Sec. 10-2.309 Department Recommendations.

(a) Planning Department. The Director of Planning shall present to the City Council a written statement of his findings and recommendations regarding the proposed subdivision’s consistency with the general and specific plans of the city and conformity with the existing zoning of the property. When variations from the requirements of this Chapter are requested, the Director of Planning shall recommend approval or disapproval of each proposed variation stating his reasons for such recommendations. A copy of this statement shall be sent to the subdivider or his agent prior to consideration of the tentative map by the City Council.

(b) Public Works Department. The Director of Public Works shall present a written statement of his findings and recommendations regarding the proposed improvements for the subdivision. He shall determine if the proposed improvements are in accordance with the city’s requirements and in the case of a variation request determine if the proposed variation is in keeping with the intent of the subdivision ordinance and with good engineering practice. If the proposed improvements or variations are not covered by city ordinance or subdivision improvement standards, the Director of Public Works shall state his recommendation for approval or disapproval and his reasons for such recommendation. A copy of his recommendation shall be delivered to the Director of Planning and shall be sent to the subdivider or his agent prior to consideration of the tentative map by the City Council. (Ord. 175 § 1 (part), 1983)

Sec. 10-2.310 Hearing and Notice by Council.

The report and recommendation by the Planning Commission shall be submitted to the City Council at its next regular meeting following receipt thereof by the City Clerk. The Council shall at such meeting set a public hearing on the tentative map, such hearing to be held within thirty (30) days thereafter.

Not less than ten (10) days nor more than twenty (20) days prior to the date of the public hearing, the City Clerk shall give written notice thereof by mailing, postage prepaid, a notice of the time and place of the hearing to the subdivider and to each person whose name appears on the last equalized assessment roll of Contra Costa County, or as known to the City Clerk, as owning property within three hundred (300) feet of the existing boundaries of the property proposed to be subdivided, at the address shown on said assessment roll, or as known to said City Clerk. Notice of the public hearing shall also be given by posting three (3) or more copies, appropriately spaced, or such notice of hearing on or adjacent to the property proposed to be subdivided no less than ten (10) days prior to the date 01 the hearing and by publication of such notice of hearing at least once in a newspaper of general circulation circulated it the City of Hercules not less than ten (10) days prior to the date of the hearing.

At the public hearing the Council shall review and consider the proposed tentative map and all reports and information submitted therewith, and shall receive al evidence pertinent thereto. Each hearing shall be open to the public and all person present shall be given an opportunity to be heard. Any hearing may be continued from time to time. (Ord. 175 § 2 (part) 1983)

Sec. 10-2.311 Action by City Council.

Subsequent to the close of the public hearing, the City Council shall approve conditionally approve, or disapprove the tentative map, and shall also approve of disapprove the variations from the subdivision ordinance, if any, requested by the subdivider. The action by the Council shall be taken within the thirty (30) day period following the meeting a which the public hearing was set, unless such time is extended by mutual consent of the subdivider and the City Council. (Ord. 175 § 2 (part), 1983)

Article 3.1. Vesting Tentative Maps

Sec. 10-2.3.101 Purpose and Citation.

(a) The purpose of this Article is to establish a procedure for the approval of a tentative map that provides certain statutorily vested rights to a subdivider under the Vesting Tentative Map Statute (Government Code Section 66498.1 et seq.). This Article is enacted pursuant to the authority of that Statute, implements and supplements that Statute, the Subdivision Map Act and Chapter 2 of Title 10 of this Code. To accomplish the purpose, this Article is necessary to preserve the public health, safety and general welfare.

(b) This Article may be cited as the Vesting Tentative Map Ordinance. (Ord. 222 § 2 (part), 1985)

Sec. 10-2.3.102 Definitions.

In this Article the following terms shall have the following meanings:

(a) “Vesting tentative map” is a tentative map for a residential subdivision which has been filed, processed and approved in accordance with the Vesting Tentative Map Statute and this Article and which has printed conspicuously on its face the words “Vesting Tentative Map”•

(b) All other definitions set forth in Chapter 2 of Title 10 shall apply. (Ord. 222 § 2 (part), 1985)

Sec. 10-2.3.103 Consistency.

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the Hercules General Plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of this Code. (Ord. 222 § 2 (part), 1985)

Sec. 10-2.3.104 Applicability.

This Article applies only to residential subdivisions. Beginning January 1, 1988, this Article will also apply to non-residential subdivisions. (Ord. 222 § 2 (part), 1985)

Sec. 10-2.3.105 Procedure.

(a) Option to File Vesting Tentative Map. When a tentative map is required, a subdivider has the option to file a vesting tentative map instead, provided all of the requirements of this Article and the Subdivision Map Act are complied with.

(b) Filing. A vesting tentative map shall have printed conspicuously on its face the words “Vesting Tentative Map” before the City may accept it for filing.

(c) Subdivision Ordinance Applies. Except as otherwise provided in this Article the provisions of Chapter 2 of Title 10 apply to a vesting tentative map and a vesting tentative map is processed in the same manner and is subject to the same time periods as a tentative map (See Article 3, Chapter 2, Title 10 of this Code).

(d) Accompanying Data. A subdivider shall provide the following as part of the application for a vesting tentative map:

(1) Information which is required for the filing of an ordinary tentative map; and

(2) A filing fee in accordance with the current fee schedule established by the City Council; and

(3) Evidence of having secured all necessary city land use permits, including use permits, planned unit development permits, variances and design review approval, as required by Title 10 of this Code; and all information required by resolution adopted by the City Council in accordance with the Vesting Tentative Map Statute and this Article. (Ord. 222 § 2 (part), 1985)

Sec. 10-2.3.106 Development Rights.

(a) Development Rights Created. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the City’s ordinances, policies and standards in effect at the date the City determines the vesting tentative map application is complete.

(b) Duration of Development Rights. The right to proceed with development as set forth in subsection (a) continues for one year following the recordation of the final map or parcel map. If a project covered by a single vesting tentative map is divided into phases and more than one final map is recorded, the one year period begins for each phase when the final map for the phase is recorded.

(1) The right to proceed with development as set forth in subsection (a) expires if a final map is not approved before the vesting tentative map expires.

(2) The time within which a final map may be filed is governed by Section 10-2.404 of this Code, Government Code § 66452.6 (a), (d) and (e).

(3) If during the one year period specified in subsection (b), the subdivider submits a complete application for a building permit on one or more lots contained within a subdivision, the right to proceed with development on those lots continues until the building permit on those lots expires.

(4) If a final map is recorded based upon a vesting tentative map and the development rights expire, the final map remains in effect without the development rights.

(d) Extension of Time for Exercise of Development Rights.

(1) If the City does not process an application for a grading permit or for design or architectural review within thirty (30) days of the date the application is complete, the one (1) year period specified in subsection (b) is automatically extended by the time exceeding the thirty (30) day period used by the City to complete processing.

(2) Before the expiration of the one (1) year period specified in subsection (b), a subdivider may apply to the Planning Commission for a one (1) year extension. A decision of the Planning Commission granting or denying an extension may be appealed to the City Council by filing a written notice of appeal within fifteen (15) days of the commission’s decision. (Ord. 222 § 2 (part), 1985)

Sec. 10-2.3.107 Effect of State and Federal Laws.

This Article relates only to the imposition of conditions and requirements imposed by the City and does not affect the obligation of a subdivider to comply with the conditions and requirements of state and federal laws, regulations or policies. (Ord. 222 § 2 (part), 1985)

Sec. 10-2.3.108 City’s Right to Condition or Deny Approval.

(a) This Chapter does not:

(1) Enlarge or diminish the types of conditions which the City may impose on a development; or

(2) Diminish or alter the City’s power to protect against a condition dangerous to the public health or safety.

(b) The City may condition or deny a permit, approval, extension or entitlement relating to a vesting tentative map if it determines that either:

(1) The failure to do so would place the residents of the subdivision or the community in a condition dangerous to their health or safety; or

(2) The condition or denial is required to comply with state or federal law. (Ord. 222 § 2 (part), 1985)

Sec. 10-2.3.109 Implementation.

The City Council may adopt rules and regulations it considers necessary to implement and ensure compliance with this Chapter. (Ord. 222 § 2 (part), 1985)

Article 4. Final Map

Sec. 10-2.401 Form and Content of Final Map.

The final map shall be in accordance with the tentative map as approved and the form and content thereof shall be in conformity with the map act and the following requirements:

(a) The scale of the map shall be no smaller than one inch equals one hundred feet. There must appear on each map sheet the scale, the north point, and the basis of bearings. The basis of bearings and the scale shall be that approved by the Director of Public Works. If more than three (3) sheets are used, a key diagram shall be included on the first sheet.

The boundary of the subdivision shall be designated by a colored line applied over India ink in such a manner as not to obliterate figures or other data. All lines shown on the map which do not constitute a part of the subdivision, and any area enclosed by such lines shall be labeled “not a part of this subdivision.” The map shall be so made and shall be in such condition when filed that good legible prints and negatives can be made therefrom.

(b) Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. Signatures shall be in opaque black ink.

(c) The title sheet shall contain the subdivision number, conspicuously placed at the top of the sheet and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States survey. A subdivision name may be added below the subdivision number. In case the property included in the subdivision lies partly in unincorporated territory and partly within the City of Hercules the following words shall be used: “Lying within the County of Contra Costa and partly within the City of Hercules”

(d) The following certificates, acknowledgements and description shall appear on the title sheet:

(1) Owner’s certificate and acknowledgement and offer or offers of dedication, if any.

(2) Certificate of the City Clerk of approval by the City Council and acceptance or rejection of offer or offers of dedication, if any.

(3) Certificate of approval of the Director of Public Works.

(4) Certificate of engineer with his registered engineer’s number or of surveyor with his licensed land surveyor’s number.

(5) A description of all the property being subdivided, by reference to such maps or deeds of the property shown thereon as shall have been previously recorded or filed. Each reference in such description to any tract or subdivision shall be spelled out and worded identically with the original record thereof and must show a complete reference to the book and page of records of the county. The description shall also include reference to any vacated area with the number of the ordinance of vacation thereof.

(6) Such other affidavits, certificates, acknowledgements, endorsements and notarial seals as may be required by the City.

(e)

(1) Easements for roads or streets, parks, storm water drainage, sanitary sewers, or other public use as may be required by the city or a public agency, shall be dedicated to the public for future acceptance by a public agency, and the use shall be specified on the map.

(2) Easements for an existing or proposed utility installation for the use of a private or non-governmental agency shall not be shown on the map unless there is recorded conveyance to such individual or corporation, except as provided in (4) of this section.

(3) All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., Recorder’s Serial Number and date, or book and page of official records.

(4) Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on said map, identifying the apparent dominant tenements for which said easement was created.

(5) All easements required to be shown on the final map shall be designated by dashed lines with the widths, lengths and bearings of record.

(6) City boundaries which cross or join the subdivision shall be clearly designated.The adjoining corners of all adjoining subdivisions shall be identified by subdivision number or name when not identified by official number, and reference to the book and page of the filed map showing such subdivision; and if no such subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book and page number for the last recorded owner of such adjacent property.

(f) The map shall show all survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon. Bearings and distances of straight lines, and radii and arc lengths for all curves, and such information as may be necessary to determine the location of the centers of curves shall be included. The map shall particularly define, delineate and designate all lots and blocks and all parcels offered for dedication for any purpose with all dimensions, minimum lot sizes, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication other than for streets or easements shall be designated by number. Sufficient linear, angular and curve data shall be shown to determine readily the bearing and length of the boundary lines of the subdivision, and of the boundary lines of every block, lot and parcel which is a part thereof. All lots and wherever practicable blocks in their entirety shall be shown on one sheet. Arc lengths, radii and total delta or radial bearings of each curve shall be shown. Where lot corners are rounded at street intersections, the tangents shall be shown.

(i) The map shall show fully and clearly what stakes, monuments or other evidence to determine the boundaries of the subdivision were found on the ground; and each adjacent corner of each adjoining subdivision or portion thereof, by lot and block numbers, subdivision name or number, and place of record, or by section, township and range, or other proper designation, shall be shown and identified on the map. The following required monuments shall be shown on the map:

(1) The location and size of all monuments placed in making the survey, and if any points were reset by time, that fact shall be stated.

(2) The exact location of all monuments set at intersections of street center line tangents or offsets therefrom shall be shown on the map.

(j) When a soil report has been prepared, the certificate required by Section 66434(1) of the Map Act shall be noted on the map.

Sec. 10-2.402 Documents to Accompany Final Map.

The final map shall be accompanied by the following documents, which shall be approved by proper authorities before the final map is approved by the City Council.

(a) Three sets of improvement plans and accompanying documents prepared under the direction of a registered civil engineer, licensed by the State of California, showing the complete plans, profiles and details for all street work, drainage channels and structures, retaining walls or other improvements to support cut slopes and embankments, bridges, the location of underground utilities which may control the location and elevation of storm drains and culverts, and sidewalks, fences, if required, gates, driveways, if constructed in conjunction with subdivision improvements, structures and drainage facilities to control slides, location of street lights, sanitary sewers and other improvements which may be required to complete the work.

If the improvement plans include three (3) or more sheets, a key map showing the streets, lots, street names, storm drains, the area covered by each sheet of the plans, and a list showing the sheet numbers of the plans and of the profiles for streets and storm drains, shall be included on the first sheet of the plans.

The plans and profiles shall be submitted on uniform size sheets, twenty-four inches (24") by thirty-six inches (36") overall dimension. A border shall be provided with one and one-half inches (1 1/2") along the twenty-four inch (24") dimension on the left hand side of the sheet, and a one-half inch (1/2") border on the other three (3) sides. The sheet shall be provided with a suitable title block in the lower right hand corner. The plans shall be drawn on a scale of one (1) inch equals forty (40) feet, or another engineer’s scale as approved by the Director of Public Works. The scales for various portions of the drawings and the north point where applicable, shall be shown on all sheets. Reference may be made to city subdivision improvement standards in lieu of duplicating the drawings thereon.

Supplementary plans and documents to accompany improvement plans shall include:

(1) Grading plans and specifications.

(2) Hydraulic computations as required by the Director of Public Works.

(3) Structural computations as required by the Director of Public Works,

(4) Other supporting (engineering) calculations as required by the Director of Public Works relative to private streets, industrial subdivisions and proposed variations.

(b) Subdivision agreement guaranteeing the completion of construction of improvements required by the subdivision ordinance and approved plans within a specified time, and payment therefor.

The subdivision agreement shall guarantee that all street and storm drain improvements and equipment deemed necessary for the use of such subdivision or the proper drainage thereof and including, but not limited to, street surfacing, sidewalks, curbs, culverts, bridges, and storm drains shall be free from defects of material or workmanship and shall perform satisfactorily for a period of at least one (1) year from and after acceptance of such improvements as complete.

The subdivider shall agree to repair any defects in any such improvements and to replace any defective improvement which cannot be repaired and which occur or arise within said one-year period at his own expense.

(c) Either cash deposit or acceptable surety equivalent to the estimated cost of construction of the improvements, guaranteeing performance of work and repair of any defects in the improvements which occur within one (1) year of the acceptance of the work as complete, payment for labor and materials, and any other claims that may arise as a result of the improvement work, as set forth in the subdivision agreement. Upon acceptance of the improvements as complete, a new surety guaranteeing repair of any defective work may be substituted for the above surety. The amount of the new surety shall be not less than 15% of the estimated cost of the construction of the improvements, and shall be retained for the one-year warranty period.

(d) A letter from the County Tax Collector showing all payable taxes paid, and a bond for payment of taxes, then a lien but not yet payable, as required by the Map Act.

(e) Evidence of cash payment of all fees required for the checking and filing of maps, plans, inspection of the construction and payment for street signs furnished and installed by the city, fire hydrant rental fees and lighting fees, if any.

(f) A guaranty of title or letter from a title company authorized by the laws of California to write the same, certifying that the signatures of all persons whose consent is necessary to pass a clear title to the land being subdivided and all acknowledgments thereto appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary. The guaranty shall be listed for the benefit and protection of the city.

(g) Deed for easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map.

(h) Written evidence acceptable to the Director of Public Works in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.

(i) Agreements, acceptable to the city, executed by the owners of existing utility easements within proposed road rights-of-way, consenting to the dedication of the road or consenting to the joint use of the right-of-way as may be required by the city for the public use and convenience of the road.

(j) Three copies of all proposed deed restrictions.

(k) Three copies of a soil report unless waived by the Director of Public Works. If the Director of Public Works or his designated representative, determines that the report is complete and that the recommended action and procedures contained in the report are likely to prevent structural damage to buildings, structures or improvements to be constructed within the subdivision, he shall accept the report and shall certify on the final map that a soil report has been prepared, together with the date of the report and the name of the soil engineer preparing the report and shall state that the report is on file in the Public Works Department. The recommended actions and procedures contained in the report shall become a condition of approval and shall be incorporated in the development of the subdivision.

Sec. 10-2.403 Review of Final Map and Accompanying Documents.

(a) Three sets of prints of the final map and certificate sheets shall be submitted to the Public Works Department for checking purposes before the certificates on the original tracings are executed. The preliminary prints shall be accompanied by the documents required by Sec. 10-2.402 and traverse sheets prepared by the subdivider’s engineer, showing the mathematical closure of the exterior boundaries around the subdivision and the interior lots or blocks. The error of closure in traverse around the subdivision and around the interior lots or blocks shall not exceed one part in ten thousand.

(b) At the time of such submission all fees as set by resolution of the City Council shall be paid.

(c) The Public Works Department shall note the required corrections, if any, on the prints and return them to the engineer for final revision of the map. The Director of Public Works shall check it as to conformity with the approved tentative map and any requirements imposed as a condition to the acceptance of such map, including correctness or surveying data, plans, profiles and specifications for improvements, certificates of dedication, acceptances of dedication and acknowledgments and such other matters as require checking to insure compliance with the provisions of law and of this Chapter. If the final map is in the correct form prescribed by the Map Act and this Chapter and the matters shown thereon are sufficient, their correctness shall be certified on the map by the Director of Public Works in the form prescribed by the Map Act.

(d) The Public Works Department shall review the improvement plans and documents accompanying the improvement plans and upon completion of such review shall advise the subdivider’s engineer of the required revisions, if any. Ten sets of the corrected plans and any additional sets requested by the Public Works Department for distribution to interested public agencies and utilities shall then be submitted to the Public Works Department for distribution. One (1) set of the corrected plans reviewed by the Public Works Department and with the review and date noted thereon, shall be returned to the subdivider’s engineer.

Requests by the subdivider for review of minor revisions appearing necessary or desirable during construction shall be submitted to the Public Works Department and shall be accompanied by three (3) sets of revised drawings showing the proposed revision. The Public Works Department shall pass upon such requests and, if approved, shall return one (1) copy of such drawing bearing evidence of review to the subdivider’s engineer.

Appeal to the City Council may be made within fifteen (15) working days on any condition specified by the Public Works Department relative to the improvement plans and not agreed to by the subdivider. In the event of such appeal the City Clerk shall set the matter for hearing before the Council and shall give at least five (5) days written notice of the hearing to the subdivider. At such hearing the subdivider shall show cause why the conditions specified by the Public Works Department should not be met. Such hearing may, by the Council, be continued from time to time, and its determination shall be final and conclusive.

(e) The other documents accompanying the final map as required by Section 10-2.402 shall be reviewed by the appropriate departments of the City and their approval shall be a condition precedent to the approval of the final map by the City Council.

Sec. 10-2.404 Filing Final Map.

After approval of the final map and all accompanying documents, the original tracing of the final map and two sets of prints, corrected to its final form and signed by all parties required by the Map Act and this Chapter to execute the certificates on the map, and the approved accompanying documents shall be filed with the City Clerk. Filing and recording of the final map shall be within twenty four (24) months after approval or conditional approval of the tentative map or maps, provided that the City Council may grant an extension of time for filing and recording the final map to a date not later than one (1) year from the date of the end of the original twenty four (24) months period. No such extension of time shall be granted unless the application therefor is made prior to the expiration of the original twenty four (24) months period, or, in the event of a previous extension, prior to the end of such period of extension.

A subdivider may elect to file a final map for all or part of the approved tentative map in which case each final map which constitutes a part, or unit, of the approved tentative map shall provide for the construction of such improvements as may be required to constitute a logical and orderly development of the whole subdivision by units.

Sec. 10-2.405 Action by City Council.

The City Clerk shall present the final map to the City Council at its next meeting following the filing thereof with the City Clerk. The City Council at such meeting or within ten (10) working days thereafter shall approve the final map if the same conforms to all the requirements of the Map Act and of this Chapter. The time limit for the approval of such map may be extended by mutual consent of the subdivider and the City Council. At the time of approval, the Council shall also accept or reject any and all offers of dedication. On the execution by the subdivider or his agent of the subdivision agreement and the posting of the bond or the deposit of money or negotiable bonds required by this Chapter, the map or such subdivision forthwith shall be approved and accepted for recording.

Sec. 10-2.406 Effect of Approval of Final Map with Respect to Offer of Dedication.

Title to property the dedication of which has been accepted shall not pass until the final map is duly recorded under the provisions of the Map Act and of this Chapter. If, at the time the final map is approved, any offers of dedication are rejected, the offer of dedication shall be deemed to remain open and shall not be subject to revocation, and the City Council may by resolution at any later date and without further action by the subdivider, rescind its action and accept such offers of dedication, which acceptance shall be recorded in the office of the County Recorder.

Sec. 10-2.407 Recording.

The final map shall be recorded within the time limit set forth in Section 10-2.404. The subdivider shall present to the Recorder the evidence of title required by the Map Act.

Article 5. Parcel Map

Sec. 10-2.501 Form and Content of Parcel Map.

The parcel map shall be clearly and legibly drawn to a standard engineer’s scale of not less than one inch (1") equals one hundred feet (100'). The basis of bearings shall be that approved by the Public Works Department. It shall conform to all of the requirements of Sections 66445, 66447, 66448 and 66449 of the Map Act and the following requirements:

(a) The exterior boundary of the entire parcel to be subdivided shall be designated by a colored border applied over ink in such a manner as not to obliterate the figures or other data.

(b) The map shall show intersecting property lines, abutting public and private roads, ties to the centerline of streets or property lines bounding the parcel, required street widening and the proposed or adopted street set back lines.

(c) There shall be a vicinity sketch showing streets, adjoining subdivisions, creeks, railroads and other data sufficient to locate the proposed subdivision and to show its relation to the surrounding area.

(d) There must appear on each map sheet the scale, the north point and the basis of bearing.

(e) There shall be shown all existing buildings or structures and the approximate location of other improvements, existing contours, drainage channels and other drainage structures and general direction of flow of storm waters.

(f) The names of adjacent property owners shall be shown.

(g) The map shall show the proposed layout of streets and lots, the lot numbers, and the areas of the lots.

(h) Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of the boundary lines of the subdivision and of the boundary lines of every lot and parcel which is a part thereof. Length, radius, and total central angle or radial bearings of all curves shall be shown.

(i) All easements of record shall be shown on the map by dashed lines with the widths, lengths and bearings thereof, together with sufficient recording data to identify the conveyance. Easements for an existing or proposed utility installation for the use of a private or non-governmental agency shall not be shown on the map unless there is a recorded conveyance thereof, provided that easements not of record but found by the surveyor or engineer to be existing shall be specifically designated on the map with identification of the apparent dominant tenements for which they were created.

(j) The adjoining corners of all adjoining subdivisions shall be identified by subdivision number or name, and reference to the book and page of the recorded map showing such subdivision; and if no such subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book and page number for the last recorded owner of such adjacent property.

(k) City boundaries which cross or join the subdivision shall be clearly designated.

(l) The location and description of all existing and proposed monuments shall be shown.

(m) The certificate for the city engineer’s signature required by Section 66450 of the Map Act shall be affixed to the title sheet.

(n) The title sheet shall contain the subdivision number conspicuously placed at the top of the sheet and location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. In case the property included within the subdivision lies partially in unincorporated territory, the following words shall appear on the title: “Lying within the County of Contra Costa and partly within the City of Hercules.”

(o) Affidavits, certificates, acknowledgments, endorsements, and the required notarial seals shall appear only once on the title sheet. Said affidavits, certificates, acknowledgments and endorsements may be printed thereon with opaque ink or by photographic reproduction.

(p) If more than (3) sheets are used, a key diagram shall be included on the first sheet.

Sec. 10-2.502 Information and Documents to Accompany Parcel Map.

The parcel map shall be accompanied by a statement containing the names, addresses and phone numbers of applicants and owners, the method of sewage disposal and source of water supply, and each item for which a variation is requested and the specific reasons for the request. When improvements are proposed by the subdivider or required by the city, the parcel map shall be accompanied by the following documents which are subject to approval by proper authorities before the parcel map is approved by the city council:

(a) Improvement plans in accordance with the provisions and subject to the conditions and requirements of Section 10-2.402(a) and 10-2.403(d).

(b) Subdivision agreement guaranteeing the completion of construction of required improvements within a specified time, and payment therefor.

(c) Either cash deposit or acceptable surety equivalent to the estimated cost of the construction of the improvements, guaranteeing performance of work, payment of labor and materials and any other claims that may arise as a result of the improvement work as set forth in the subdivision agreement.

(d) A letter from the tax collector showing all payable taxes paid, and a bond for payment of taxes, then a lien but not yet payable, as required by the Map Act.

(e) Cash payment or receipt therefor of all fees required for the checking and filing of the map, inspection of the construction, payment for any improvements to be furnished and installed by the city and any other applicable fees or deposits.

(f) Deeds conveying easements or fees required for street or drainage purposes.

(g) Written evidence acceptable to the city in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the required facility.

(h) Agreements acceptable to the city, where street improvements are to be accepted by the city, executed by the owners of existing utility easements within the proposed street rights-of-way, consenting to the dedication of the street or consenting to the joint use of the right-of-way as may be required by the city for the public use of the street.

Sec. 10-2.503 Review of Parcel Map and Accompanying Map Documents.

(a) Three (3) sets of prints of the parcel map and certificate sheets and such additional number of copies thereof as may be required by the Public Works Department shall be submitted to the Public Works Department for checking purposes before the certificates on the original tracings are executed. The preliminary prints shall be accompanied by the information and documents, if any, required by Section 10-2.502 and traverse sheets prepared by the sub-divider’s engineer, showing the mathematical closure of the exterior boundaries around the subdivision and the interior lots or blocks. The error of closure in traverse around the subdivision and around the interior lots or blocks shall not exceed one part in ten thousand.

(b) At the time of such submission all fees as set by resolution of the City Council shall be paid.

(c) The Public Works Department shall forward copies of the parcel map and any accompanying information and documents as it may deem necessary to the Planning Commission, other city departments that may be affected by or concerned with the proposed subdivision, and to affected agencies as provided in Section 10-2.109.

(d) If improvement plans have been submitted, the Public Works Department shall review the improvement plans and documents accompanying the improvement plans and upon completion of such review shall advise the sub-divider’s engineer of the required revisions, if any. Ten (10) sets of the corrected plans and any additional sets requested by the Public Works Department for distribution to interested public agencies and utilities shall then be submitted to the Public Works Department for distribution. One (1) set of the corrected plans reviewed by the Public Works Department and with the review and date noted thereon, shall be returned to the subdivider’s engineer.

Appeal to the City Council may be made within fifteen (15) working days on any condition specified by the Public Works Department relative to the improvement plans and not agreed to by the subdivider. In the event of such appeal the City Clerk shall set the matter for hearing before the Council and shall give at least five (5) days written notice of the hearing to the subdivider. At such hearing the subdivider shall show cause why the conditions specified by the Public Works Department shall not be met. Such hearing may, by the Council, be continued from time to time, and its determination shall be final and conclusive.

(e) The other documents, if any, accompanying the parcel map as required by Section 10-2.502 shall be reviewed by the appropriate departments of the City and their approval shall be a condition precedent to the approval of the parcel map by the City Council.

(f) Upon receipt of responses, if any, from other city departments and affected agencies, the Public Works Department shall note the required corrections, if any, on the prints and return them to the engineer for final revision of the map.

If the parcel map is in the correct form prescribed by the Map Act and this Chapter and the matters shown thereon are sufficient, their correctness shall be certified on the map by the Director of Public Works in the form prescribed by the Map Act.

(g) The parcel map and accompanying information and documents shall be reviewed by the Planning Commission at its next regular meeting following receipt thereof. No public hearing thereon shall be required. Within three (3) days after its review, the recommendation of the Planning Commission on the parcel map shall be submitted to the City Clerk. (Ord. 175 §§ 1 (part), 2 (part), 1983)

Sec. 10-2.504 Filing Parcel Map.

After approval of the parcel map and all accompanying documents, the original tracing of the parcel map and two (2) sets of prints, corrected to its final form and signed by all parties required by the Map Act and this Chapter to execute the certificates on the map, and the approved accompanying documents shall be filed with the City Clerk.

Sec. 10-2.505 Hearing and Notice; Action by City Council.

The City Clerk shall present the parcel map to the City Council at its next regular meeting following the submittal thereof to the City Clerk. Before acting upon a parcel map the City Council shall hold a public hearing thereon.

Not less than ten (10) days nor more than twenty (20) days prior to the date of the public hearing, the City Clerk shall give written notice thereof by mailing, postage prepaid, a notice of the time and place of the hearing to the subdivider and to each person whose name appears on the last equalized assessment roll of Contra Costa County, or as known to the City Clerk, as owning property within three hundred (300) feet of the exterior boundaries of the property proposed to be subdivided, at the address shown on said assessment roll, or as known to said City Clerk. Notice of the public hearing shall also be given by posting three (3) or more copies, appropriately spaced, of such notice of hearing on or adjacent to the property proposed to be subdivided not less than ten (10) days prior to the date of the hearing and by publication of such notice of hearing at least once in a newspaper of general circulation circulated in the City of Hercules not less than ten (10) days prior to the date of the hearing.

At the public hearing the Council shall review and consider the proposed parcel map and all reports and information submitted therewith, and shall receive all evidence pertinent thereto. Each hearing shall be open to the public and all persons present shall be given an opportunity to be heard. Any hearing may be continued from time to time.

Within ten (10) days after the close of the public hearing, the Council shall approve, conditionally approve, or disapprove the parcel map. The time limit for Council action on said map may be extended by mutual consent of the subdivider and the Council. If the parcel map is approved or conditionally approved, at the same time the Council shall also accept or reject any and all offers of dedication. On the execution by the subdivider of the subdivision agreement and the filing of the surety bond or the deposit of money or negotiable bonds as provided by this chapter, if such agreement or bond or other deposit is required, the parcel map may be recorded.

Sec. 10-2.506 Effect of Approval of Parcel Map with Respect to Offers of Dedication.

If the parcel map contains any offers of dedication, title to property the dedication of which has been accepted shall not pass until the parcel map is duly recorded under the provisions of the Map Act and of this Chapter. If, at the time the parcel map is approved, any offers of dedication are rejected, the offer of dedication shall be deemed to remain open and shall not be subject to revocation, and the City Council may by resolution at any later date and without further action by the subdivider, rescind its action and accept such offers of dedication, which acceptance shall be recorded in the office of the County Recorder.

Sec. 10-2.507 Time Limit on Approval of Variations.

City Council approval of any variations with respect to a parcel map shall expire within one (1) year of the date of approval, provided that the Director of Public Works may grant a one (1) year extension thereof.

Sec. 10-2.508 Recording.

The parcel map shall be recorded as soon as it has been approved by the City Council. The subdivider shall present to the Recorder the evidence of title required by the Map Act.

Article 6. Subdivision Requirements

Sec. 10-2.601 Conformity with Requirements.

Except where variations are permitted as provided in Section 10-2.105, each subdivision and the map thereof shall be in conformity with the requirements set forth or referred to in this Chapter.

Sec. 10-2.602 Compliance with Subdivision Improvement Standards.

All construction materials, methods, tests, and workmanship shall comply with the subdivision improvement standards.

Sec. 10-2.603 Streets: General Requirements.

(a) The design, layout, width, circulation, and other design aspects of streets in a subdivision shall conform to the locations which have been shown on the general plan or specific plans of the City, and in all cases shall provide acceptable development for the general planning area within which the subdivision lies.

(b) Reserve strips controlling the access to streets or other public rights-of-way shall not be approved unless such strips are necessary for the protection of the public welfare or property rights.

(c) The final map shall show the monument line of each street, the boundary of each street, including the width of the portion of any fractional street being dedicated, the width of existing street rights-of-way from public records, and the widths on each side of the monument line of whole streets. The widths and locations of adjacent streets shall be shown as determined from public records. Whenever the Department of Public Works has established either the centerline or monument line of the street and such information is made a public record, this location and data shall be shown on the final map.

(d) All streets shall intersect as nearly as possible at right angles.

(e) Street names shall be subject to the approval of the Planning Department.

(f) If a subdivision borders on, or contains a railroad right-of-way, a limited access freeway, or similar type of facility, the City Council may require that the street plan be considered in its relation to the probability of grade separation.

Sec. 10-2.604 Improvement of Existing Roadways.

Frontage improvements shall be provided on all existing city, county or state roads adjacent to any subdivision to the standards required by this Chapter and the general plan. The subdivider will be required to provide frontage improvements and pavement widening on the side or sides of the roadway adjacent to the subdivision, including the reconstruction of the existing roadway if inadequate due to grade or structurally, and the adjustment of all existing public utilities owned and operated by public jurisdictions.

Sec. 10-2.605 Street Widths.

Street widths shall be in substantial conformity to the general plan, the applicable neighborhood plan or other specific plans, and shall be measured between the top face of the curbs, or edges of the pavement, including shoulders, but not including roadside ditches.

Sec. 10-2.606 Street Grades.

(a) Maximum street grades shall not exceed the following limits:

Major Streets	8%
Collector Streets	15%
Minor Streets	20%

(b) The minimum uniform grade for all streets shall not be less than 0.4 percent.

(c) Changes of grade in the vertical alignment of the street shall be made with parabolic vertical curves. The length of vertical curve required shall be approved by the Director of Public Works.

Sec. 10-2.607 Horizontal Curves.

(a) Changes in direction of streets shall be made with horizontal circular curves, with the edges of the pavement and curb lines parallel to and equidistant from the centerline of the right-of-way.

(b) The radius of curvature in the centerline of the street shall not be less than:

Major Streets	650 Feet
Collector Streets	200 Feet
Minor Streets	75 Feet

Sec. 10-2.608 Street Intersections.

Street intersections shall be designed to provide reasonable approaches from side streets, and to provide smooth continuous flow; of drainage.

Valley gutters shall be provided to carry drainage across intersections whenever underground drainage facilities cannot reasonably be provided. Valley gutters shall not be permitted across major streets.

Sec. 10-2.609 Cul-De-Sacs and Dead-End Streets.

(a) Except as otherwise provided in subsection (b) of this section, a paved turn-around shall be provided at the ends of cul-de-sac streets. The radius for the edge of pavement, or curb line, shall be thirty-five feet (35').

(b) Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the property and the resulting dead-end streets may be approved without turn-arounds. In such cases, a one-foot strip the width of the street right-of-way shall be deeded to the city at end of the dead-end street, the improvements of which strip shall be suspended pending the extension of the street into adjacent property at some future date.

Sec. 10-2.610 Private Streets.

(a) When private streets are required by, or approved by the City Council, such private streets shall meet the following minimum requirements:

(1) Pavement width shall not be less than 16 feet.

(2) Pavement structural section and construction methods shall comply with Sections 10-2.612 and 10-2.613.

(3) A paved turn-around area shall be provided at the end of any private street serving more than two residential buildings.

(4) Street grades shall conform to the minor street standards as set forth in Section 10-2.606.

(5) Adequate drainage improvements shall be provided in such a manner as to protect from damage both the roadway section and all adjoining property.

(b) The requirements and standards specified in this Chapter shall apply to all improvements.

Sec. 10-2.611 Curbs and Gutters.

Curbs and gutters shall be required under any of the following conditions:

(a) The subdivision is within an R-2 or R-3 land use district.

(b) The grade of the street is less than one (1) percent or more than six (6) percent.

Sec. 10-2.612 Pavement Crown.

The pavement crown and geometric design of the street cross section shall be known and dimensioned on the improved plans, and shall conform to accepted design standards. The minimum cross slope shall be two percent (2%).

Sec. 10-2.613 Pavement Design.

(a) The structural design of the pavement includes the determination of the thickness and type of subbase, base, and surfacing to be placed over the basement soil according to an accepted method used by the Public Works Department. The Public Works Department shall specify the structural design for the streets.

(b) The subdivider, at his expense, may make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the Public Works Department for use in determining a preliminary structural design of the roadbed. Tests and pavement structural design will be made by the city after the payment of the inspection fee.

Sec. 10-2.614 Street Grading.

Earth slopes in cuts or embankment sections shall not be steeper than two feet (2') horizontal to one foot (1') vertical, unless steeper slopes have been approved based on a report submitted by a soil engineer. The soil report shall be filed with the Public Works Department.

Sec. 10-2.615 Driveways.

An encroachment permit shall be obtained from the Public Works Department before construction of any driveway except when shown on approved subdivision improvement plans.

Sec. 10-2.616 Traffic Safety Devices.

The subdivider shall furnish and place such traffic safety devices within the subdivision as may be specified by the Public Works Department.

Sec. 10-2.617 Street Signs.

The subdivider shall furnish and install necessary street name signs in accordance with details approved by the Public Works Department.

Sec. 10-2.618 Street Trees.

(a) All trees conflicting with the grading, utilities, or other improvements, or overhanging the sidewalk or pavement so as to form a nuisance or hazard, shall be removed or trimmed to eliminate such nuisance or hazard.

(b) Trees to be planted along the street within the road right-of-way shall conform to such species and be planted in such locations as may be approved by the Department of Public Works.

Sec. 10-2.619 Survey Monuments and Measurements.

(a) The subdivider shall construct permanent survey monuments at the locations specified on the filed subdivision map. The monuments and appurtenances shall conform to approved standards and details prescribed by the Public Works Department.

(b) Concrete monuments depressed below street grade with cast iron ring and cover of a type approved by the Director of Public Works shall be set at intersections of street center line tangents or offsets therefrom.

(c) Any monument or bench mark as required by this Chapter that is disturbed or destroyed before acceptance of al 1 improvements shall be replaced by the subdivider.

(d) Monuments may be set after acceptance of the subdivision by the City Council under conditions recommended by the Director of Public Works and approved by the City Council.

(e) The allowable field survey error shall not exceed one part in ten thousand (10,000) in distance, or twenty (20) seconds in angular measurement.

(f) Establishment of all survey measurements shall be certified to in writing by the engineer to the Public Works Department prior to acceptance of street improvements.

Sec. 10-2.620 Street Lighting.

(a) The subdivider shall provide street lighting facilities as follows:

(1) Along all major and collector streets within one mile of an existing school or school site approved by the local school board. The one (1) mile distance shall he measured along the shortest pedestrian route available or planned, measured from the closest boundary of the existing school or approved school site.

(2) Along all streets within areas zoned R-2 or in land use districts having a higher density than R-2.

(3) Along all streets within any portion of a subdivision zoned for business or commercial land uses.

(4) At such other locations as may be reasonably required by the Director of Public Works.

(b) Following approval of the tentative map, the subdivider shall prepare and submit for approval, as part of the improvement plans for the subdivision, complete construction plans for the street lighting improvements required by this Article showing the installations, facilities, locations, approvals and changes required hereby.

(c) The improvement plans shall show the size and location of each street light, and shall bear the written approval by the public utility which proposes to serve the street lighting system.

(d) Such street lighting shall be installed only within the right-of-way dedicated to the public and designed to be accepted for maintenance by the city or within easements dedicated to the city.

(e) The Public Works Department may require upgrading of existing or proposed lights at intersections where deemed necessary to prevent a hazard to traffic or pedestrians.

Sec. 10-2.621 Street Lighting Standards.

(a) Whenever possible, street light poles and other street lighting facilities shall be placed on lot lines and at intersections in accordance with the minimum requirements regarding spacing and lamp size for all new street lighting to be established by the City Council on the recommendation of the Public Works Department.

(b) Any underground wiring to be installed for street lighting purposes shall conform to the standards of the public utility which proposes to serve the street lighting systems.

(c) When the subdivider requests installation of street lighting, electroliers must be furnished and installed in accordance with the requirements of the serving utility company, before acceptance.

(d) All electrical equipment and installation shall conform to all applicable state, city and serving public utility requirements and standards.

Sec. 10-2.622 Block Length.

Blocks shall not exceed eight hundred feet in length between street lines, except in hillside development or where the proposed subdivision justifies or requires a variation from this requirement.

Sec. 10-2.623 Block Width.

The width of each block shall be sufficient for an ultimate layout of two tiers of lots therein of a size required by the provisions of this Chapter, unless the surrounding layout or lines of ownership justify or require a variation from this requirement.

Sec. 10-2.624 Lot Size.

No lot shall be smaller in size or dimension than that specified by the Zoning Ordinance.

Sec. 10-2.625 Street Access.

All lots shall have direct access, or access via an approved private street, to a public street which conforms to the standards of this Chapter.

Sec. 10-2.626 Lot Side Lines.

The side lines of all lots, so far as possible, shall be at right angles to the street which the lot faces, or radial or approximately radial, if the street is curved.

Sec. 10-2.627 Division of Lots by Boundary Lines.

No lot shall be divided by a city boundary line, nor any boundary line between registered (Torren’s Title) and unregistered land, nor any boundary line between parcels of registered land under separate ownership. Each such boundary line shall be made a lot line.

Sec. 10-2.628 Large Lot Subdivisions.

Where a parcel is first subdivided into large lot tracts of one-half acre or larger, the blocks shall be of such size and shape, and be so divided as to provide for the opening of major streets, and for the future opening of secondary streets at such intervals as shall permit a subsequent division of any parcel into lots of normal size.

Sec. 10-2.629 General Drainage Requirements.

(a) All portions of the subdivision shall be protected from flood hazard, inundation, erosive sheet overflow and ponding of storm waters, springs and all other surface waters.

(b) The design of all improvements within the subdivision shall be such that all surface waters occurring within the subdivision, as well as all surface waters flowing onto and/or through the subdivision, shall be conveyed through the subdivision without damage to any improvements, building sites, or dwellings which may be constructed within the subdivision. Storm drainage facilities within the subdivision shall be designed to adequately convey the storm water runoff from the ultimate development of the drainage basin or watershed, in conformance with the City general plan or specific plans.

(c) Surface waters flowing from the subdivision in any form or manner shall be conveyed without damage to any improvements, buildings, or dwellings to a natural watercourse having definable bed and banks, or to an existing adequate storm drainage facility. Storm drainage facilities to be constructed outside of the subdivision shall be designed to adequately convey the storm water runoff for the ultimate development of the drainage basin or watershed lying within and above the subdivision.

(d) Wherever surface waters must be conveyed beyond the boundaries of the subdivision in order to discharge into a natural watercourse or to an existing adequate storm drainage facility, the subdivider shall comply with one of the following:

(1) The subdivider shall deposit with the Public Works Department a copy of a duly recorded drainage release from the adjacent property owners in a form and content acceptable to the City Attorney, accepting the flow of surface waters from the subdivision onto and over that property, or the detention and ponding of surface waters upon that property, without liability by the City for damages occurring therefrom. Such releases shall be obtained from all property owners between the boundaries of the subdivision and the point at which the surface waters will enter a natural watercourse having definable bed and banks or an existing adequate storm drainage facility.

(2) The subdivider shall deposit with the Public Works Department a copy of a duly recorded grant of a drainage easement to the City from the property owner(s). Such a grant of drainage easement shall be obtained from all property owners between the boundaries of the subdivision and the point at which the surface waters will be discharged into a natural watercourse or an existing adequate storm drainage facility, or the area upon which surface waters will be detained and ponded.

(3) The subdivider shall present written evidence which proves to the satisfaction of the City that it is not feasible to obtain by negotiation from the property owner(s) either a drainage release or a grant of drainage easement. The subdivider may then request the City Council to institute condemnation proceedings to obtain the easement.

(e) Whenever surface waters flowing to or onto the subdivision in any form or manner will be detained or ponded on adjacent property( s) as the result of improvements constructed by the subdivider, the subdivider shall comply with Section 10-2.633 prior to the filing of the final map.

(f) Runoff quantities shall be determined by the rational method using basic data supplied by the Public Works Department for the frequency of the average recurrence interval stipulated.

(g) Design of drainage channels, conduits and appurtenances shall conform with design standards of the Public Works Department.

Sec. 10-2.630 Culverts, Gutters, Roadside Ditches, and Appurtenances in Public Rights-of-Way.

(a) Culverts under driveway entrances for roadside ditches shall be adequate to carry the design flow, but shall not be less than twelve (12) inches inside diameter.

(b) Culverts crossing the street shall be of a size adequate to carry the design flow, but shall not be smaller than twelve (12) inches inside diameter for concrete and fifteen (15) inches for corrugated metal pipe.

(c) All corrugated metal pipe intended for use within the roadway shall be bituminous coated, and shall be of the gauge approved by the Public Works Department for the cover and service conditions required. Additional protective coating or paving may be required for severe service conditions. The gauge of pipe proposed at each location shall be noted on the improvement plans.

(d) Culverts for use outside the roadway may be of any approved type and strength to meet field conditions.

(e) Roadside ditch sections shall be subject to the approval of the Public Works Department as to shape, size, gradient, lining, and location within the road right-of-way, and shall have the required hydraulic capacity.

(f) Roadside ditches and gutters shall be provided to carry the drainage from the road and tributary lands without damage to the roadbed or abutting property.

(g) Catch basins shall be of a design approved by the Public Works Department.

Sec. 10-2.631 Open Channels, Conduits and Appurtenances.

(a) Maximum design velocities for natural or artificial earth channels shall be those specified by a soil engineer in the preliminary soil report.

(b) Side slopes for earth channels shall be those specified by a soil engineer, but in no instance shall side slopes be steeper than two (2) horizontal to one (1) vertical.

Sec. 10-2.632 Ponding Areas.

Disposal of storm water drainage by means of ponding areas may be permitted only with the approval of the Public Works Department after study of the proposed disposal basin topography and soil characteristics and only where no other reasonable method of disposal is feasible.

Sec. 10-2.633 Drainage Easements.

(a) Minimum widths of drainage easements for closed conduits shall be equal to the outside diameter or width of the conduit plus three (3) feet on each side, but in no location less than ten (10) feet.

(b) The width of drainage easements for natural channels, excavated earth channels, and channels lined with concrete or other materials, shall contain the full outside top width of channel, including lining and the required adjacent access easements.

(c) For earth lined channels, within the subdivision, access easements shall be graded in a manner so as to be usable by vehicular maintenance equipment but need not be surfaced. Minimum radius of centerline of access easements shall be forty (40) feet. All access easements along channels shall be provided with ingress and egress easements from a public way, which ingress easements shall have a minimum width of twelve (12) feet and be usable by vehicular maintenance equipment. Where trees in place on and adjacent to channel banks are to remain, adequate additional vehicular access easement width shall be dedicated.

(d) No permanent structures of any kind other than drainage structures may be constructed within or over any drainage or access easements. Landscaping including trees and shrubs may be accomplished within easements upon approval by the Public Works Department.

(e) All levees and all ponding areas shall be completely contained within drainage easements.

Sec. 10-2.634 Subdrainage.

Subdrain facilities shall be provided where specified by the soil engineer controlling the work or other areas deemed necessary by the city to prevent sliding or settlement of the earth surface and facilities will be required to convey the sub-drainage to an approved point of discharge.

Sec. 10-2.635 Sidewalks and Pedestrian Ways.

(a) Sidewalks or pedestrian ways shall be provided as required. (b) Sidewalks shall be at least four (4) feet wide, exclusive of curbs, and no less than three and five-eighths inches (3-5/8”) thick.

(d) When required for the public convenience or for access to schools, playgrounds, shopping centers, transportation or other community facilities, the City Council may require that unusually long blocks be provided with pedestrian ways. Such land shall be offered for dedication to public use. The city may require the subdivider to clear and improve the right-of-way or easement of such pedestrian ways and such ways shall be surfaced for a width of not less than five (5) feet.

Sec. 10-2.636 Sewerage.

An adequate approved sewerage system shall be provided to serve all of the subdivision.

Sec. 10-2.637 Water.

An adequate approved water supply shall be provided to serve all of the subdivision.

Sec. 10-2.638 Underground Utilities.

(a) All utility distribution facilities (including but not limited to electric, communication and cable television lines) installed in and for the purpose of supplying service to any residential or commercial subdivision shall be placed underground, except as follows:

(1) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts.

(2) Metal poles supporting street lights.

(b) The subdivider is responsible for complying with the requirements of this Section and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. The City Council may grant exceptions if topographical, soil, or any other conditions make underground installation of said facilities unreasonable or impractical.

Sec. 10-2.639 Fences.

(a) Fences shall be constructed by the subdivider where a condition hazardous to persons or property may exist,

(b) Wherever a street crosses over a watercourse or open channel, fences shall be provided around the head walls, end walls and other appurtenances of bridges or drainage structures, and shall be of a type, height and location as required by the Public Works Department.

Sec. 10-2.640 Industrial Subdivisions.

All improvements for industrial subdivisions shall be subject to the approval of the Director of Public Works, the Director of Planning and the City Council.

Sec. 10-2.641 Mail Delivery Boxes.

In order to permit curbside delivery of mail if required by the United States Postal Service, the subdivider shall provide and install mail delivery boxes of such design and at such locations as may be specified by the City Manager.

Article 7. Construction of Improvements

Sec. 10-2.701 Improvements Required.

(a) The subdivider shall improve all streets, highways, public ways and public easements which are a part of the subdivision, and outside the subdivision as required by Article 6, except reserved dedications for future street purposes. The improvement of such reserved dedications for future street purposes may, however, be made a condition attaching to the approval of the final map by the City Council.

(b) Improvements shall be installed to permanent line and grade and to the satisfaction of the Director of Public Works in accordance with the subdivision improvement standards.

(1) Grading, curbs and gutters, drainage and drainage structures in accordance with the subdivision requirements of Article 6.

(2) Pavement of the width and quality required by the subdivision requirements of Article 6.

(3) Sidewalks or pedestrian ways as required by the City and in accordance with the subdivision requirements of Article 6.

(4) Fire hydrants and water system with mains of sufficient size and having a sufficient number of outlets to furnish adequate domestic water supply for each lot of the subdivision and to provide adequate fire protection to meet local neighborhood needs according to standards adopted by the City Council.

(5) Sanitary sewer facilities and connections for each lot.

(6) Services from public utilities for each lot.

(7) Driveways, traffic safety devices, street signs, street trees, survey monuments, street lighting and fences as required by the City and the subdivision requirements of Article 6.

Sec. 10-2.702 Inspection and Control of Work.

(a) All work done in constructing the improvements and all materials furnished shall be subject to the inspection of the Public Works Department.

(b) The Public Works Department and other directly concerned agencies shall have access to the work at all times during its construction and shall be furnished with every reasonable facility for ascertaining that the materials used and the workmanship are in accordance with the requirements of this Chapter.

(c) If any of the work on improvements is done by the subdivider prior to the approval of the improvement plans, or prior to the inspection of the improvements as required by the Public Works Department, such work may be rejected and shall be deemed to have been done at the risk and peril of the subdivider.

Sec. 10-2.703 Inspection Fee.

Prior to commencement of construction, the subdivider shall pay to the Public Works Department the cost for the inspection of the work and checking and testing of the materials at the rate established therefor by resolution of the City Council.

Sec. 10-2.704 Prosecution of Work.

(a) The subdivider shall prosecute the work to completion without undue delay except for inclement weather or other reasonable causes.

(b) Delay in completion of the work beyond the period stated in the subdivision agreement, unless an extension thereof is approved by the city council, may result in forfeiture of the cash deposit and/or security, or portion thereof, for the completion of the work.

Sec. 10-2.705 Acceptance of Completed Work.

(a) When all improvement work required by the improvement plans, or a complete unit thereof is complete to the satisfaction of the Public Works Department, said department shall notify the city council that such work has been satisfactorily completed and recommend the acceptance by the city council of the completed work.

(b) Upon satisfactory completion of all work required to meet the requirements of this Chapter, the acceptance of the completed work by the city council shall be by a Resolution of Acceptance.

Article 8. Benefit Districts

Sec. 10-2.801 Installation of Improvements to Benefit Property Outside Subdivision.

The City may require that the improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity or number for the benefit of property not within the subdivision. Such improvements shall be dedicated to the public.

Sec. 10-2.802 Reimbursement Agreement.

In the event of the installation of improvements required by Section 10-2.601, the City shall enter into an agreement with the subdivider to reimburse the subdivider from the charges collected pursuant to Section 10-2.803 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.

Sec. 10-2.803 Charge to Benefited Properties.

In order to pay the costs as required by the reimbursement agreement, the City may:

(a) Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.

(b) Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefited to reimburse itself for such cost.

(c) Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited.

Article 9. Urban Lot Splits

Sec. 10-2.901 Purpose.

This Chapter establishes exceptions to the Subdivision Ordinance and Zoning Ordinance and provides permit procedures to allow urban lot splits allowed by Senate Bill No. 9 (2021), as codified in Government Code Sections 66452.6 and 66411.7. The provisions of this Chapter shall supersede any other provision to the contrary in the Subdivision Ordinance or the Zoning Ordinance. Subdivision standards provided for in the Subdivision Ordinance that are not affected by this Chapter shall remain in effect. (Ord. 543 § 3, 2023; Ord. 540 § 3, 2022)

Sec. 10-2.902 Definitions.

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth for the purposes of this Section and Chapter 13-36:

“A person acting in concert with the owner” means a person that has a common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

“Adjacent parcel” means any parcel of land that is (a) touching the parcel at any point; (b) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (c) separated from another parcel only by other real property which is in common ownership or control of the applicant.

“Sufficient for separate conveyance” means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which the dwelling units may be sold individually.

“Two (2) unit development” means a development that proposes no more than two (2) units or proposes to add one (1) new unit to one (1) existing unit and that meets all the criteria and standards set forth in Chapter 13-36.

“Urban lot split” means a ministerial application for a parcel map to subdivide an existing parcel located within a single-family residential zone into two (2) parcels, as authorized by Section 66411.7 of the Government Code. (Ord. 543 § 3, 2023; Ord. 540 § 3, 2022)

Sec. 10-2.903 Applicability.

A parcel map for an urban lot split shall be considered ministerially on parcels satisfying all of the following general requirements:

(a) Zoning District. A parcel that is located within a single-family residential zone.

(b) Historic Property. A parcel that is not listed on the City of Hercules historic resource inventory or located in a historic district.

(c) Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.), and Subdivision Ordinance, as applicable at the time the parcel was created. The Community Development Department may require a certificate of compliance to verify conformance with this requirement.

(d) Hazardous Waste Site. A parcel that is not identified as a hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use.

(e) Flood Zone. A parcel that is not located within a special flood hazard area subject to inundation by the one percent (1%) annual chance flood (one hundred (100) year flood) on the official maps published by the Federal Emergency Management Agency, unless a letter of map revision prepared by the Federal Emergency Management Agency has been issued or if the proposed primary dwelling unit(s) is constructed in compliance with the provisions of Chapter 10-7 (Flood Damage Prevention) as determined by the Floodplain Administrator.

(f) Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the proposed housing development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code).

(g) Natural Habitat. A parcel that is not recognized by the City as a habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (Ord. 543 § 3, 2023; Ord. 540 § 3, 2022)

Sec. 10-2.904 Subdivision Standards.

The following objective subdivision standards supersede any other standards to the contrary that may be provided in the Subdivision Ordinance, Zoning Ordinance, or applicable planned unit development as they pertain to creation of an urban lot split under Section 66411.7 of the Government Code:

(a) Subdivision Map Act. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this Section.

(b) Flag Lots. The access corridor of a flag lot parcel shall be in fee as part of the parcel and shall be of a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet and be entirely paved with either concrete or pavers, consistent with the Fire Code as determined by the Fire Chief.

(c) Lot Lines. The side lines of all parcels, so far as possible, shall be at right angles to streets or radial or approximately radial to curved streets and to center points of cul-de-sac turning circles.

(d) Minimum Lot Size. Each new parcel shall be approximately equal in lot area; provided, that one (1) parcel shall not be smaller than forty percent (40%) of the lot area of the original parcel proposed for subdivision. In no event shall a new parcel be less than one thousand two hundred (1,200) square feet in lot area.

(e) Minimum Lot Width. Each new parcel shall maintain a minimum lot width of thirty (30) feet. The calculation of lot width for a flag lot shall exclude the access corridor.

(f) Minimum Public Frontage. Each new parcel shall have frontage upon a street dedicated as a public street with a minimum frontage dimension of thirty (30) feet, except for flag lots which shall have a minimum frontage dimension of twelve (12) feet.

(g) Number of Lots. The parcel map to subdivide an existing parcel shall create no more than two (2) new parcels.

(h) Utilities. Parcels created through an urban lot split shall provide for separate utilities.

(i) Accessory Dwelling Unit. Accessory dwelling units and junior accessory dwelling units shall not be permitted on parcels resulting from an urban lot split if the project involves approval of both a two (2) unit development under the authority contained in Chapter 13-36 and approval of an urban lot split under the authority contained within this Section. Parcels created through an urban lot split which have the effect of separating an existing accessory dwelling unit from the primary dwelling shall submit concurrently for a new SB 9 primary dwelling unit on the parcel containing only an accessory dwelling unit. (Ord. 543 § 3, 2023; Ord. 540 § 3, 2022)

10-2.905 General Requirements and Restrictions.

The following requirements and restrictions apply to all proposed urban lot splits allowed by this Chapter:

(a) Adjacent Parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to create an adjacent parcel as provided for in this Chapter.

(b) Dedication and Easements. The Community Development Department shall not require dedications of rights-of-way nor the construction of off-site improvements; however, it may require recording of easements necessary for the provision of public services and facilities.

(c) Existing Structures. Existing structures, or structures constructed in the same location and to the same dimensions as an existing structure, located on a parcel subject to an urban lot split shall not be subject to a setback requirement. However, any such existing structures shall not be located across the shared property line resulting from an urban lot split, unless the structure is converted to an attached townhome so long as the structures comply with applicable building codes and are sufficient to allow separate conveyance. All other existing structures shall be modified, demolished, or relocated prior to recordation of a parcel map.

(d) Intent to Occupy. The owner shall sign and record an affidavit provided by the Community Development Director placing a covenant that will run with the parcel attesting that the applicant intends to occupy one of the newly created parcels as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. The affidavit shall be recorded on the title of the parcel concurrently with recordation of the parcel map. This requirement shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.

(e) Nonconforming Conditions. The City shall not require, as a condition of approval, the correction of nonconforming zoning conditions. However, no new nonconforming conditions may result from the urban lot split other than as specified by subsection (c) of this section.

(f) Number of Remaining Units. No parcel created through an urban lot split shall be allowed to include more than two (2) existing dwelling units as defined by Government Code Section 66411.7(j)(2). Any excess dwelling units that do not meet these requirements shall be relocated, demolished, or otherwise removed prior to approval of a parcel map.

(g) Prior Subdivision. A parcel created through a prior urban lot split may not be further subdivided under the provisions of this Chapter. The subdivider shall sign a covenant provided by the Community Development Director documenting this restriction. The covenant shall be recorded on the title of each parcel concurrent with recordation of the parcel map.

(h) Restrictions on Demolition. The proposed urban lot split shall not require the demolition or alteration involving removal of more than twenty-five percent (25%) of the existing exterior structural walls of any of the following types of housing:

(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;

(3) Housing that has been occupied by a tenant in the last three (3) years.

(i) Stormwater Management. The subdivision shall comply with the requirements of the City’s National Pollution Discharge Elimination System (NPDES) permit as implemented by Section 5-8.050 and as demonstrated by a grading and drainage plan prepared by a registered civil engineer. (Ord. 543 § 3, 2023; Ord. 540 § 3, 2022)

10-2.906 Approval Process.

Applications for urban lot splits shall be submitted and processed in compliance with the following requirements:

(a) Application Type. An urban lot split shall be submitted to the Community Development Department as a ministerial application for a tentative parcel map.

(b) Application Filing. An application for a parcel map for an urban lot split, including the required application materials and filing fee, shall be filed with the Community Development Department in compliance with Section 10-2.501 (Form and Content of Parcel Map).

(c) Referral. The Community Development Director shall refer the parcel map application to the Public Works Director, Fire Chief, and utility agencies for review prior to recordation.

(d) Denial. The Community Development Director may deny an urban lot split only if the Building Official makes a written finding, based upon a preponderance of the evidence, that a proposed housing development located on the proposed new parcels would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(e) Appeals. A decision of the Community Development Director on a parcel map for an urban lot split is a ministerial action and not appealable. (Ord. 543 § 3, 2023; Ord. 540 § 3, 2022)