Article 1 — General Provisions

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)

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City of Hercules, CA

Sec. 10-2.103

LAND USE

Sec. 10-2.107

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.

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City of Hercules, CA Sec. 10-2.107

HERCULES CODE

Sec. 10-2.112

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)

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City of Hercules, CA

Sec. 10-2.201

LAND USE

Sec. 10-2.210

Article 2 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.

"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.

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

"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.

"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.

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

"Map Act" shall mean the Subdivision Map Act of the State of California.

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

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

"Subdivision Improvement Standards" shall mean the standard specifications, standard details,

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City of Hercules, CA Sec. 10-2.210

HERCULES CODE

Sec. 10-2.212

other construction standards and design criteria in effect in the City of Hercules.

"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.

"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.

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City of Hercules, CA

Sec. 10-2.301

LAND USE

Sec. 10-2.302

Article 3 Tentative Map

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

• (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.

• (c) The tentative map shall contain the following information:

  • (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.

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City of Hercules, CA

Sec. 10-2.302

HERCULES CODE

Sec. 10-2.302

• (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.

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City of Hercules, CA

Sec. 10-2.302

LAND USE

Sec. 10-2.304

• (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.

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.

• (c) A general description of the improvements proposed.

• (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.

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

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City of Hercules, CA Sec. 10-2.304

HERCULES CODE

Sec. 10-2.309

for nonacceptance.

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)

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)

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)

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)

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City of Hercules, CA

Sec. 10-2.309

LAND USE

Sec. 10-2.311

• (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)

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)

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City of Hercules, CA

Sec. 10-2.311

HERCULES CODE

Sec. 10-2.311

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)

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City of Hercules, CA

Sec. 10-2.3.101

LAND USE

Sec. 10-2.3.105

Article 3.1

Vesting Tentative Maps

• (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)

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)

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)

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)

• (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

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City of Hercules, CA Sec. 10-2.3.105

HERCULES CODE

Sec. 10-2.3.106

(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)

• (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.

• (c) Expiration of Development Rights.

  • (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

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City of Hercules, CA

Sec. 10-2.3.106

LAND USE

Sec. 10-2.3.109

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)

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)

• (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)

The City Council may adopt rules and regulations it considers necessary to implement and ensure compliance with this Chapter.

(Ord. 222 § 2 (part), 1985)

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City of Hercules, CA Sec. 10-2.401

LAND USE

Sec. 10-2.401

Article 4 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.

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City of Hercules, CA

Sec. 10-2.401

LAND USE

Sec. 10-2.401

• (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.

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.

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City of Hercules, CA

Sec. 10-2.401

HERCULES CODE

Sec. 10-2.402

• (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.

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 onehalf 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

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City of Hercules, CA

Sec. 10-2.402

LAND USE

Sec. 10-2.402

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

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City of Hercules, CA

Sec. 10-2.402

HERCULES CODE

Sec. 10-2.403

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.

• (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.

r 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

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City of Hercules, CA

Sec. 10-2.403

LAND USE

Sec. 10-2.407

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.

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.

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.

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.

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.

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City of Hercules, CA

Sec. 10-2.501

LAND USE

Sec. 10-2.501

Article 5 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 nongovernmental 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.

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City of Hercules, CA

Sec. 10-2.501

LAND USE

Sec. 10-2.502

• (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.

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

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City of Hercules, CA

Sec. 10-2.502

HERCULES CODE

Sec. 10-2.503

city, executed by the owners of existing utility easements within the proposed street rightsof-way, consenting to the dedication of the street or consenting to the joint use of the rightof-way as may be required by the city for the public use of the street.

• (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 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 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.

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 shall not be met. Such hearing may, by the Council, be continued from time to time, and its determination shall be final and conclusive.

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

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City of Hercules, CA

Sec. 10-2.503

LAND USE

Sec. 10-2.506

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)

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.

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.

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City of Hercules, CA

Sec. 10-2.506

HERCULES CODE

Sec. 10-2.508

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.

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.

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.

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City of Hercules, CA

Sec. 10-2.601

LAND USE

Sec. 10-2.605