Article 6

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.

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

• (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.

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.

Street widths shall be in substantial conformity to the general plan, the applicable neighborhood

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City of Hercules, CA

Sec. 10-2.605

HERCULES CODE

Sec. 10-2.610

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.

• (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.

• (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 rightof-way.

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

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.

• (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.

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City of Hercules, CA

Sec. 10-2.610

LAND USE

Sec. 10-2.615

• (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.

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.

• (c) The subdivision is for commercial or industrial purposes.

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%).

• (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.

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.

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City of Hercules, CA Sec. 10-2.615

HERCULES CODE

Sec. 10-2.620

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

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

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

• (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.

• (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.

• (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

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City of Hercules, CA

Sec. 10-2.620

LAND USE

Sec. 10-2.623

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.

• (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.

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.

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City of Hercules, CA

Sec. 10-2.623

HERCULES CODE

Sec. 10-2.629

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.

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

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.

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.

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.

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.

• (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.

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City of Hercules, CA

Sec. 10-2.629

LAND USE

Sec. 10-2.630

• (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.

ecorded 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.

• (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

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City of Hercules, CA Sec. 10-2.630

HERCULES CODE

Sec. 10-2.633

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.

• (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.

• (c) Side slopes for lined channels shall be those specified by a soil engineer.

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.

• (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.

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City of Hercules, CA

Sec. 10-2.633

LAND USE

Sec. 10-2.639

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

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.

• (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.

• (c) Sidewalks shall be unobstructed by utility installations or planting.

• (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 rightof-way or easement of such pedestrian ways and such ways shall be surfaced for a width of not less than five (5) feet.

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

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

• (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.

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

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City of Hercules, CA

Sec. 10-2.639

HERCULES CODE

Sec. 10-2.641

• (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.

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.

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.

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City of Hercules, CA

Sec. 10-2.701

LAND USE

Sec. 10-2.703

Subarticle 7

Construction Of Improvements

• (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.

• (c) The minimum improvements which the subdivider shall make, or agree to make at the cost of the subdivider shall be:

  • (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.

• (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.

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City of Hercules, CA

Sec. 10-2.703

HERCULES CODE

Sec. 10-2.705

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.

• (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.

• (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.

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City of Hercules, CA

Sec. 10-2.801

LAND USE

Sec. 10-2.803

Article 8 Benefit Districts

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.

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.

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.

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City of Hercules, CA

Sec. 10-2.901

LAND USE

Sec. 10-2.903