Moraga Municipal Code § 2 Amendments to County Ordinance Code Relating to Subdivisions

The following sections of the Contra Costa County Ordinance Code, adopted by reference in Section 1 of this ordinance are amended to read as follows:

a) 92-2.002 Title. This Title may be known as the "Subdivision Ordinance" of the Town of Moraga.

b) 92-2.006 Scope. Under Division 2 of Title 7 of the Government Code, State of California (the Subdivision Map Act) and in addition to any other regulation provided by law, this Title applies to all subdivisions hereafter made entirely or partially within the Town.

c) 92-4.006 Arterial Street. "Arterial Street" is a street or road passing through or adjacent to a subdivision which carries the major flow of traffic. The term includes an arterial street shown on the General Plan as now or hereafter amended.

d) 92-4.034 Frontage Road. "Frontage Road" is a street or road adjacent to an arterial or thoroughfare which provides access to abutting properties and protection from the through traffic on the more heavily traveled street.

e) 92-4.090 Subdivision. "Subdivision" means the division of any improved or unimproved land, shown on the latest equalized County assessment roll as the unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes for the cultivation of food or fiber or the grazing or pasturing of livestock. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a stock cooperative, a condominium project as defined in Section 1350 of the Civil Code or a community apartment project, as defined in Section 11004 of the Business & Professions Code. 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 lots. "Subdivision" shall not include a division resulting from a conveyance of land or interest therein to an abutting property owner, not involving the creation of a new building lot or site, and both parcels or lots will conform in all other respects to this division and the County zoning ordinances after such division, provided it is approved by resolution of the Zoning Administrator.

f) 92-6.006 Modification of Requirements. The standards and requirements of these regulations may be modified by the Planning Commission for a Planned Development application. In varying the development standards provided in Section 92-6.002, the authority to do so may only be used so as to be consistent with the intent of the General Plan to permit remaining land holdings to be developed primarily as conventional detached single family subdivision.

g) 92-8.002 Conformance to Code. Each subdivision subject to this Title shall conform to the codes, ordinances and regulations of the Town.

h) 94-2.204 Information Required. The Tentative Map shall be clearly and legibly drawn on one sheet, unless prior written approval of the Planning Department is given for more than one sheet, and shall contain the following information:

(1) The title, which shall contain the subdivision number assigned by the Planning Department and the type of subdivision, and may be selected by the subdivider;

(2) Names and addresses for:

(A) legal owner of property,

(B) subdivider, and

(C) person or persons who prepared the map;

(3) A topographical map accurately showing contours and other features of the existing terrain within the subdivision, 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. Elevations shall be in accord with U. S. Geological Survey (1929 Sea Level Datum). The map shall be drawn to an engineer's scale large enough to show all information clearly. The parcel shall be oriented on the map sheet such that the north arrow shall point toward the top of the sheet. Contour interval shall not be greater than two feet if the ground slope is less than ten percent nor larger than five feet for ground slopes greater than ten percent; and at such intervals that the contour lines will not be spread more than one hundred fifty feet (ground distance) apart. The map shall show:

(A) the outline of any geologic or potentially hazardous soil condition, and areas subject to inundation or ponding,

(B) the edges of pavement of existing streets, private roads, driveways and other paved areas,

(C) location of existing property lines 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,

(D) the proposed lot and street layout with scaled dimensions of each lot. Lot dimensions shall conform to the requirements of the Zoning Ordinance as to size and dimensions. Lots, where not served by public sewers, shall not be smaller in area than the Health Department shall approve for septic tanks and drain field installation. Side lot lines shall be substantially at right angles or radial to street lines. Each lot shall be identified by (a) lot numbers, beginning with number "1" in each subdivision requiring a Final Map; or (b) lot letters, beginning with letter "A" in each subdivision requiring a Parcel Map. Numbers or letters shall be consecutive with no omissions or duplications. The subdivider shall show the area of each lot on the Tentative Map. The area shall be exclusive of the portion lying in the street.

(E) the location of all proposed easements for drainage and access,

(F) the location and species of all trees or, if massed, the outline of the tree mass. Trunk diameter shall be noted of all trees six (6) inches or more in diameter or if multiple trunks a total of 40″ or more in diameter measured 3' above the natural grade,

(G) Street names, width of streets and easements approximate grade, and radius of curves along property lines of each street,

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

(I) areas to be used for public purposes,

(J) location, approximate grade, direction of flow and type of facility of existing drainage channels and storm drains,

(K) a vicinity map showing roads, adjoining subdivisions, Town's creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to community development,

(L) north arrow, scales for maps and contour interval,

(M) boundary lines of existing land use zones shall be delineated,

(N) statement or plan as to proposed plans for draining the area subject to flooding or inundation by waters flowing into or from the subdivision,

(O) if to be developed in increments, the map shall indicate the approximate sequence of development by units.

i) 94-2.602 General. The subdivider shall file with the Planning Department twenty-five prints of the Tentative Map of the subdivision for all subdivisions of five lots or more. For subdivisions of four lots or less, the subdivider shall file twelve prints of the Tentative Map. The filing fee shall accompany the Tentative Map. The time of filing a Tentative Map and the required accompanying statement is when the Planning Department accepts them. The Planning Department, within seven calendar days after the Tentative Map has been received, shall examine the map and accept it for filing if it appears to substantially comply in form and content to the requirements of this Chapter, or shall return it to the subdivider with a written statement of the reason. The Tentative Map is not considered as filed until all Town EIR processing requirements are completed.

j) 94-2.604 Referral to Interested Agencies. The Planning Department, within seven calendar days after the filing of the map, shall forward copies to the Public Works Department, the Health Officer, Flood Control District, Building Inspection Department, the chief engineer of a sanitary district if the subdivision lies within a sanitary district, the chief of the local fire district, the serving school district, the utility companies serving the area, the State Department of Transportation, and other interested State and regional agencies. Each of the agencies, within twenty-five calendar days after receipt of the map, may forward to the Planning Department its findings and recommendations thereon.

k) 94-2.606 Subdivision Conference. Within forty-five working days after the filing of a Tentative Map in compliance with Section 94-2.602, the Planning Department may hold a subdivision conference on the Tentative Map. Written notices of such conference shall be given to all interested agencies. At such conference the recommendations of the Planning Department and the other affected agencies may be considered and correlated. Following the conference, a written report of the recommendations shall be presented to the appropriate advisory agency prior to final action of the advisory agency. The written report will be served on the subdivider at least three calendar days prior to any final action of the advisory agency. A revised Tentative Map may be submitted at least one week prior to any final action of the advisory agency.

l) 94-2.608 Requests for Exceptions and Variances. The subdivider may submit a written request for exceptions as to street improvements, widths, grades, and other subdivision matters or variances from zoning requirements, subject to the approval of the advisory agency. The request must justify why each exception should be granted.

m) 94-2.802 Approval of Tentative Map.

(1) The advisory agency shall hold a public hearing on the Tentative Map. Notice of the time and place of the hearing and a general description of the location of the proposed subdivision shall be given by publication once in a newspaper of general circulation and circulated in the Town.

(2) The advisory agency shall approve, conditionally approve, or disapprove the map, and shall report such action in writing direct to the subdivider, the Public Works Department and such other agencies as requested. The advisory agency shall hear it and within fifty (50) days after filing render a decision unless the time limit is extended by mutual consent of the applicant and the advisory agency. In the event the map is disapproved, the advisory agency's report shall set forth the basis of its action and identify the requirements or conditions which have not been met or performed.

n) 94-2.1002 Appeal Procedure.

(1) The subdivider may appeal from any action of the Planning Commission with respect to a Tentative Map to the Town Council as provided by Government Code Section 66452.5. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a) and (b), and Sections 8-401 - 8-512 of the Municipal Code.

(2) An interested person adversely affected by a decision of the Planning Commission may file a complaint with the Town Council concerning such decision. The complaint shall be filed with the Town Council within fifteen (15) days after the action which is the subject of the complaint. The Town Council may, in its discretion, reject the complaint within fifteen (15) days or set the matter for public hearing. If the Town Council rejects the complaint, the complainant shall be notified of such action. If the matter is set for hearing, the hearing shall be conducted and notice thereof given as provided by Sections 8-401 - 8-512 of the Municipal Code.

(3) Notwithstanding subsections (1) and (2), an interested person may appeal a decision of the Planning Commission relative to the provisions of Government Code Sections 66473.5, 66474, 66474.1 and 66474.6 to the Town Council. The appeal and the hearing shall be conducted in the manner provided by Government Code Section 66452.5 (a) and (b), and Sections 8-401 - 8-512 of the Municipal Code.

(4) The fee for an appeal under this section shall be as fixed by resolution of the Town Council.

o) 94-4.202 Final and Parcel Maps - General. A Final Map shall be submitted for approval for all subdivisions, stock cooperatives, condominiums as defined in Section 783 of the Civil Code, or a community apartment project containing five or more lots, except as provided in Government Code Section 66426. A Parcel Map shall be submitted for approval for all subdivisions as to which a Final Map is not otherwise required by this Title, except those created by short-term leases (terminable by either party on not more than 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, upon substantial evidence, that public policy necessitates such a Parcel Map. The form and contents of the Final Map or Parcel Map shall be in conformance with the Subdivision Map Act and this Title.

p) 94-4.214 Easements.

(1) Easements for roads or streets, scenic highway landscaping, paths, storm water drainage, sanitary sewers or other public use as may be required by 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 nongovernmental agency shall not be shown on the map unless there is a recorded conveyance to such individual or corporation, except as provided in subsection (4).

(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 the map, identifying the apparent dominant tenements for which the easement was created.

(5) The sidelines of all easements of record shall be shown by dashed lines on the map with the widths, lengths and bearings of record.

q) 94-4.606 Public Works Department Action. The Public Works Department, within fifteen calendar days, shall note the required corrections, if any, on one set of the preliminary prints and return them to the engineer or surveyor for revision of the maps.

r) 96-6.206 2 DU or Higher Density Districts. Street lighting facilities shall be provided along all streets where the area is zoned 2 DU or in land use districts having a higher density.

s) 98-4.002 Minimum Requirements. The minimum width of pavement and rights-of-way of the various classes of streets shall be as shown on the following table:

* Dimension may be reduced when the Planning Commission finds that there is adequate off-street parking and the proposed width will permit proper access of fire and life safety apparatus.

t) 98-6.002 Maximum Limits. Maximum street grades shall not exceed the following limits:

(1) Arterial streets, eight percent;

(2) Collector streets, twelve percent;

(3) Minor streets, sixteen percent;

(4) Private road, twenty percent;

(5) Driveway, twenty-four percent.

u) 98-6.014 Earth Slopes in Cuts or Embankments. Earth slopes in cuts or embankment sections shall not be steeper than two feet horizontal to one foot 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.

v) 98-10.002 Removal. 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 in accordance with Sections 12-1001 - 12-1035 of the Municipal Code*.

w) 920-6.002 Dedication. The amount of land to be dedicated, or the fees to be paid, shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the development. The total area required to be dedicated shall be computed by multiplying the number of dwelling units to be included in the development by seven hundred eighty-four square feet. As used in this division, "dwelling unit" means a building or a portion thereof, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit.

x) 920-6.004 Amount of Fee. When fees are to be paid in lieu of land dedication, such fees shall be $1,100.00 per dwelling unit. A combination of fee payment and land dedication is permissible if approved by the planning agency.

y) 920-6.006 Certain Single Parcel Fees. Where a fee is required pursuant to Section 920-6.006 to build a detached single family structure on a single parcel in the S, OS, PD, 1DU, 2DU, 3DU and 6DU/acre districts, the fee shall be $1,100.00.

z) 920-8.002 Partial Credit for Private Space. Where private area for park and recreational purposes is provided in a proposed development, and such area is to be privately owned and maintained by the future owner(s) of the development, partial credit may be given by the planning agency not to exceed 50% against the requirement of land dedication or payment of fees in lieu thereof if the planning agency finds that it is in the public interest to do so and that all the standards set forth in Section 920-8.004 are met.

* Reference is to the Town's Tree Ordinance, Ordinance No. 33