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.
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;
(c)
Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;
(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. 178 § 1, 1983; Ord. 187 §§ 1, 3, 1984)
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.
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.
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.
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.
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.
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.
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.
(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.
This Chapter shall be known as the Hercules Subdivision Ordinance.
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)