Moraga Municipal Code § 1 Amendments to County Ordinance

The following sections of the Contra Costa County Ordinance Code as adopted by reference by Ordinance No. 57 are amended to read as follows: [2]

92-4.004 Advisory Agency. The "Planning Commission" is designated as the advisory agency with respect to tentative maps relating to subdivisions and shall have all powers and duties with respect to said maps and the procedures relating thereto which are specified by law and by this title.

The "Planning Department" is designated as the advisory agency for purposes of reviewing and approving a tentative map pursuant to Article 94-2.202 of this title.

92-4.010 Building Inspection Department. The "Building Inspection Department" is the agency which serves in an advisory capacity to appropriate advisory agencies and the Town Council concerning topography and soil conditions and their effect on the design and development of the subdivision.

92-4.024 Flood Control District The "Contra Costa County Water Conservation and Flood Control District", hereinafter referred to as the "Flood Control District", which serves in an advisory capacity to appropriate agencies relating to drainage and flood control matters.

92-4.036 Health Department. The "Health Department" of the County, acting through the County Health Officer or his representative, which serves in an advisory capacity to appropriate agencies concerning matters of sanitation and public health.

92-4.068 Planning Department. "Planning Department" is the technical staff of the Planning Commission and is one of the divisions of Town government. "Planning Department" also includes the clerk of the advisory agency for purposes of receiving tentative maps and clerk of the appeals board and legislative body for purposes of filing appeals as provided in the Subdivision Map Act.

92-4.075 Public Street. "Public street" is a street for which the fee title or right-of-way is owned by the Town, or offered for dedication to the public and accepted by the Town.

92-4.078 Public Works Department. The "Public Works Department" is the person or agency which serves in an advisory capacity concerning streets, drainage and engineering.

92-4.090 Subdivision. "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any 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 except for leases of agricultural land for agricultural purposes. 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 condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business & Professions Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 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 parcels. As used in this section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

92-4.094 Thoroughfares. "Thoroughfares" are those roads of general importance which are designated as thoroughfares, either existing or proposed, on the General Plan of roads.

92-12.202 Purpose. This chapter supplements Government Code Sections 66424.2, 66499.34, 66499.35 and 66499.36 (Subdivision Map Act), pertaining to notices of merger and violation and certificates of compliance. The development of real property in the Town which has been divided or has resulted from a division in violation of the Subdivision Map Act and this title is contrary to the public health, safety and welfare.

92-12.402 Knowledge. A Town official having knowledge of a possible violation of, or the merger of parcels of land under the Subdivision Map Act or this title, shall convey that information to the Director of Planning.

92-12.414 Town Council Hearing. A hearing before the Town Council of an appeal from the Planning Commission as to the recordation of a notice of intention to record a notice of violation or proposed recordation of a notice of merger shall be conducted in accordance with the provisions pertaining to such appeals before the Commission.

92-12.416 Violation Action. Each department, official, and employee of the Town vested with the duty or authority to issue permits necessary to develop real property shall conform to this title, and shall not willfully issue a permit or license for use, construction or other purpose in conflict with this title or the Subdivision Map Act. A permit or license issued in conflict therewith is null and void. Nothing in this chapter requires the recording of a notice of violation or merger as a condition precedent to the enforceability of a provision of this title.

94-2.610 Expiration - Extension. The approval or conditional approval of a tentative map expires twenty-four (24) months after its original approval. The expiration of the approval or conditional approval terminates all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map. Upon application of the subdivider filed before the expiration date of the approval or conditional approval of the tentative map, the time at which the map expires may be extended by the advisory agency which originally approved the tentative map for an additional period or periods not exceeding a total of two (2) years.

94-4.208 Title Sheet. 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. The subdivision number shall be larger print and dominant to any name title. If partly in unincorporated territory and partly within an incorporated city, the following words shall be used: "Lying within the County of Contra Costa and partly within the Town of Moraga".

94-4.210 Affidavits, Certificates, Dedications, etc. Each affidavit, certificate, acknowledgment, endorsement, acceptance of dedication, and the notorial seal required by law and this title shall appear only once on the title sheet. It may be printed with opaque ink and by photographic reproduction. Black ink shall be used for each signature and seal. If more than three (3) sheets are used, a key diagram shall be included on the first sheet. Where recommended by the Public Works Department and approved by the Town Council, the requirements for owner's certificates on a parcel map may be waived.

94-4.404 Subdivision Agreement. A subdivision agreement shall be executed by the subdivider or his agent guaranteeing the completion of construction, of and payment for improvements within a specified time. The subdivision agreement shall guarantee that all street and storm drain improvements and equipment considered necessary for the use of the subdivision or the proper drainage of it and including, but not limited to, street surfacing, sidewalk, 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 two (2) years from and after the Town Council declares the improvements are complete.

The subdivider shall agree to repair at his own expense any defect in the improvements which occurs or becomes evident within the two (2) year period.

The two (2) year guarantee period does not apply to the improvement of a private road which is to remain a private road.

94-4.406 Cash Deposit and Performance Security. A cash deposit, equal to one percent (1%) of the estimated cost of construction of the improvements, but not less than one thousand dollars ($1,000) is required, together with such additional security in the form of cash deposit, acceptable surety bond, or acceptable instrument of credit equivalent to the estimated cost of the improvement or the act to be performed, minus the cash deposit, guaranteeing performance of all work and repair of any defect in the improvements which occurs within two (2) years of the acceptance of the work as complete, as set forth in the subdivision agreement. When there are no public improvements involved and the total cost of the private road improvements is less than one thousand dollars ($1,000), the agreement shall be secured by a cash deposit in the full amount of the estimated cost. Upon acceptance of the work as complete, a new acceptable security guaranteeing the repair of defective work may be substituted for the performance security. The new security shall include the cash deposit described above and shall be not less than the cash deposit or fifteen percent (15%) of the estimated cost of the construction of the improvements, whichever amount is greater. The security shall be retained for the two (2) year guarantee period.

94-4.408 Payment Security. Security in the form of cash deposit, acceptable surety bond, or acceptable instrument of credit equivalent to fifty percent (50%) of the estimated cost of the improvement or the performance of the required act is required to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act. Six (6) months after the acceptance of the work as complete, the payment security may be reduced to an amount not less than the total of all claims on which an action has been filed and notice given in writing to the Town. If no such actions have been filed, the security may be released in full.

94-4.410 Fee Payment Evidence. The subdivider shall provide evidence of cash payment of all fees imposed.

94-4.602 Prints Required and Fees. The subdivider shall submit three (3) sets of prints of the map and certificate sheet to the Public Works Department for checking purposes before the certificates on the original tracings are executed. The preliminary prints shall be accompanied by (1) a current preliminary title report furnished by the applicant and acceptable to the Public Works Department, (2) traverse sheets prepared by the subdivider's engineer showing the mathematical closure of the subdivision's exterior boundaries, and (3) a checking fee as established by the Town Council.

94-4.802 Approval and Filing of Maps. The original tracing and one (1) set of prints of the revised map prepared in accordance with the Subdivision Map Act and this title and corrected to its final form, and signed by all parties required by the Subdivision Map Act and this title to execute the certificates on the map, together with all supplementary documents and fees, shall be presented to the Public Works Department for filing. If the map, all documents and fees are determined to be satisfactory, the Public Works Department, within ten (10) calendar days following receipt, shall present them to the Town Council for approval. The Town Council, within a period of ten (10) calendar days after the filing of the final map or parcel map with the Public Works Department, or at its next regular meeting after the meeting at which it receives the map, whichever is later, shall approve the map if it conforms to all requirements of the law and this title. The Town Council shall not approve the map unless if it finds that the proposed subdivision, together with its design and improvement, is consistent with the applicable general and specific plans required by law. If the final or parcel map is disapproved, the Town Council shall set forth the basis of its action and identify the requirements or conditions which are not met or performed. At the time of its action, the Town Council shall accept, accept subject to improvements, or reject each offer of dedication of streets and other easements. On approval of a final map or parcel map, the clerk shall release the map to the subdivider's title company for transmittal to, and filing with the County Recorder. In addition to the original tracings, the subdivider's title company shall provide the County Recorder with a blue line print on linen of each sheet.

94-4.804 Time Limit for Recording. The time limit for recording the final map or parcel map is twenty-four (24) months beginning with the approval of the tentative map by the advisory agency, unless an extension of time is granted pursuant to Section 94-2.610.

96-2.402 Improvement Plan Review. The subdivider shall submit four (4) sets of improvement plans and a preliminary cost estimate to the Public Works Department for review together with a review fee established by the Town Council. Upon completion of this review, one (1) set of the preliminary plans together with the required revisions, if any indicated thereon, and a written statement will be returned to the subdivider's engineer. The fee is payable to the Town.

96-2.408 Review Prerequisite for Final Map or Parcel Map Approval. When improvements are required, the completion of the review of the improvement plans by the Public Works Department shall be a condition precedent to the approval of the final map or parcel map for the subdivision by the Town Council.

96-2.602 Appeal. An appeal of a condition stated by the Public Works Department relative to the improvement plans and not agreed to by the subdivider shall be filed with the Town Council within fifteen (15) working days of the date the Public Works Department imposes it.

96-4.208 Fee. Before beginning construction, the subdivider shall pay to the Town the cost for the inspection of the working and checking and testing of the materials to the extent not previously paid for improvement plan review. If a portion of the work has been done before the time of depositing the fee, the subdivider shall pay the Town all necessary costs plus fifteen percent (15%) of the cost for the inspection and testing required to verify the quantity and quality of the work done.

96-4.404 Penalty for Delay in Completion. Delay in completion of the work beyond the period stated in the subdivision agreement, unless an extension is approved by the Public Works Department or Town Council and the surety may result in forfeiture of the cash deposit or security, or a portion of it for the completion of the work. The Public Works Department may approve a one (1) year extension. Any further extension can only be approved by the Town Council. The Public Works Department shall review the sufficiency of the security and remaining work to be done before an extension is granted.

96-4.602 Recommendation by Public Works Department. When the improvement work required by the improvement plans is complete to the satisfaction of the Public Works Department, it shall notify the Town Council that the work is complete and recommend its acceptance.

96-4.604 Resolution of Acceptance. Upon completion and acceptance of the work required to meet the requirements of this title, the Town Council shall file a resolution of acceptance.

96-6.218 Review of Plans. When street lighting facilities are required, the Public Works Department's review of the street lighting part of the improvement plans is a condition precedent to the approval of the final map or parcel map for the subdivision by the Town Council.

96-6.220 Service Rates. The Public Works Director shall select the appropriate lighting rate from the current street lighting rates established by the California Public Utilities Commission, and determine the appropriate fee. The fee is payable to the Town.

96-6.222 Street Light Ownership. Each street lighting system shall be owned and operated by the Town under the jurisdiction of and is provided for by the California Public Utilities Commission, unless other adequate arrangements are approved by the Planning Commission. Neither the Town nor a street lighting maintenance or assessment district is bound or obligated for the cost of procurement or erection of ornamental street lighting standards, or for the cost of equipment or installation of any underground wiring system.

96-6.402 Placement. 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 as established by the Town Council on the recommendation of the Public Works Department. Street lighting shall be installed only within the right-of-way dedicated to the public and designed to be accepted for maintenance by the Town.

96-6.406 Electrolier Installation. When the subdivider requests installation of street lighting, electroliers must be furnished and installed in accordance with the requirements of the Town and the serving utility company before acceptance per Section 96-4.602.

96-6.408 Ornamental Poles. Residential and commercial street lighting poles may be of an ornamental type acceptable to the Town Council when they meet the current standards of the Town and the serving utility company.

96-6.602 Request for Street Lighting Service. Before approval of the final map or parcel map of any subdivision in which the installation of street lighting facilities is required, the subdivider shall file a request with the Town for approval of annexation of the subdivision to a street lighting maintenance or assessment district for the purpose of financing the street lighting, maintenance and replacement costs, unless the subdivision is already contained within the boundaries of a street lighting maintenance or assessment district authorized to supply street lighting.

96-6.802 Deposit Required. Before approval of the final map or parcel map, the subdivider shall deposit money with the Town sufficient in amount to cover annexation proceedings, assessment district engineering expenses and costs to energize, de-energize, re-energize, and maintain for one (1) year the lights shown on the public street lighting part of the improvement plans.

96-12.202 Conditions Requiring Curbs. Curbs shall be required under any of the following conditions:

(1) The subdivision is within a one (1) dwelling unit per acre residential district, a 1-PD district or a district having a smaller lot size;

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

(3) The street frontage between adjacent sections of curb is less than five hundred feet (500′).

(4) The subdivision is for commercial or industrial purposes.

96-12.206 Minimum Grade. The minimum grade for curbs and gutters shall be no less than two percent (2%). However, the Public Works Department may authorize a reduction.

96-14.002 Improvement of Town Streets. Frontage improvements shall be provided on all existing Town streets adjacent to a subdivision to the standards required by this title and the General Plan. The subdivider shall provide frontage improvements and pavement widening on the side of each roadway adjacent to the subdivision, including the adjustment of existing public utilities owned and operated by public jurisdictions.

96-6.004 Minimum Limits. The minimum uniform grade for all classes of streets shall not be less than two percent (2%). However, the Public Works Department may authorize a reduction to not less than one percent (1%). In connection with this authorization, the Public Works Department may require curbs.

96-8.202 General. 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 centerline top of base rock shall equal the top of the curb elevation. The Public Works Department shall specify the structural design for the streets.

98-8.206 Thickness of Base Material and Surfacing. The thickness of the base material may not be less than five-tenths ( 5/10 's) of one foot (1′), nor shall the thickness of asphalt concrete surfacing be less than seventeen-hundredths ( 17/100 's) of a foot.

98-10.004 Approval of Species and Planting. Trees to be planted along the street within the right-of-way shall be of such species and be planted in such locations as may be approved by the Public Works Department. A tree planted within the right-of-way must be installed with a root restrictor.

Footnotes:

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Ordinance No. 57 adopted by reference with certain changes the Contra Costa County Subdivision Ordinance. This ordinance adopts further changes in the County Subdivision Ordinance in order to adapt it to the needs of the Town and still maintain uniformity with County regulations to the extent possible. Ordinance No. 57, together with this ordinance, comprises the Town Subdivision Ordinance as of the date this ordinance is adopted.