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Ordinance 1208ORDINANCE NO. 1208 An ordinance amending the alameda municipal code by repealing article 1 chapter 3 title 11 and inserting in its place and stead the following artcile 1 chapter 3 of title 11 presribing rules and regulations governing the planning and subdividing of land and the filing and approval of subdivision maps (b) "Owner" is the individual, firm, association, syndicate, copartnership 0, corporation having sufficient pro - prietary interest in the land sought to be divided or subdivided to com- mence and maintain proceedings to do so under the provisions of this ordirinnee. ( c) "Subdivider" shall mean any in- dividual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this ordinance to effect a division of land hereunder for 1 11imse!f or for another. (d) "Subdivision" refers to any real property, improved or unimproved, or portion thereof, shown on the latest adopted county tax roll as a unit or contiguous units, which is divided for the purpose of sale or lease, whether immediate or future by any subdi- vider into two or more parcels within any one year period; provided, that this chapter shall not apply to the leasing of apartments, offices, stores, or similar space within an apartment building, industrial building, or com- mercial building, nor shall this chap- ter apply to mineral, oil, or gas leases. "Division" shall refer to those subdi- visions containing fewer than five (5) lots. (e) "Lot" shall mean a parcel of land used or capable of being used under the regulations of this ordinance and the zoning ordinance of the City of Alameda. (f) "Design" refers to street align- ment, grades and widths, alignments and widths of easements and rights-of- way for drainage and sanitary sewers and minimum lot area and width. (9) - Improvement" refers to only such street work and utilities to be installed, or agreed to be installed by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighbor- hood traffic and drainage needs, as a condition precedent to the approval and acceptance of the final map thereof, ( 1 )) Definitions and meanings of the fr'llowing words and phrases, to wit: City Engineer, Advisory Agency, Final Map, and Tentative Map are as con- ta in the Subdivision Map Act of ti State of California, and the amend- men thereto. Sec, 11-3 Subdivision Conference. Prior to the filing of a tentative map, a subdivider may request a confer- ence with the Planning Director for a qeneral discussion of his subdivision plan and of the subdivision standards and requirements of the City. Sec. 11-317. Preliminary Plan. Prior To the filing of a tentative map, the subdivider may submit to the Plan- ning Board a preliminary plan in gen- eral or rough sketch form to show, or be accompanied by the following information : (a} Approximate design and dimen- sions of streets and lots, proposed school, park and other public areas, existing and proposed uses of land for residential, commercial or industrial purposes, and the relationship of the foregoing to existing adjoining devel- opments, zoning and the Master Plan. (b) Topographic and water features, proposals for home-owner organiza- tions and covenants of restrictions, proposed home size and cost ranges, proposed variations in set backs, plans and elevations, and orientations of residential structures, (c) Proposals for treatment of utility installations and special features such as reservations for hospitals and churches. (d) Proposals for the size and shape, dimension and functions of water areas. See. 11-318. The Planning Board shall review the preliminary plan and make such suggestions as will provide guid- ance to the subdivider in the prepara- tion of a well designed and acceptable subdivision. See. 11-319. Tentative Map. The ten- tative map of subdivision shall be 22 in size and drawn to a scale of 1" equals not more than 50 feet and shall be prepared by a licensed surveyor or a registered civil engineer and shall contain the following infor- mation* (a) The tract number or other de- scription as established by the Re- corder of the County of Alameda, State of California. (b) A description and delineation sufficient to define the location and boundaries of the tract. Political sub- division lines and important survey lines shall be shown. (c) Date, north point, and scale. (d) Name and address of record owner or owners. (e) Name and address of the subdi- vider. (f) Name and address of the engineer or surveyor who prepared said Tenta- tive Map. (g) Sufficient elevations or contours to determine the general slope of the land, the high and low points thereof, and all drainage features. (h) The locations, names, widths and approximate grades of all ways, roads, streets, highways and railways, exist- ing and proposed within the tract and within the surrounding adjacent lands. (i) The tract names and/or numbers of adjoining subdivisions of record. (j) The approximate dimensions and complete scale cross-section drawings, locations and purposes of all existing and all proposed streets and sidewalks, easements, walkways, water areas, bulkheads, seawalls, retaining walls or other earth retaining methods, within the tract or adjacent to the tract. (k) The approximate locations, sizes, grades and types of sanitary sewers, culverts and drainage structures, ex- isting and proposed in the tract and adjacent to the tract. (1) The approximate locations and sizes of all water, gas and electric lines, and of all fire hydrants, fire alarm systems, street lights, street name signs, blind street signs, warning signs, fences, barriers, header boards and any other necessary utilities or appurtenances existing or proposed within the tract or adjacent thereto. (m) Approximate lot layout and di- mensions of each lot. Lots shall be numbered. (n) The dimensions and locations of any existing buildings which are to remain on the property. A subdivider's statement to appear upon, or to accompany the tentative map shall fully describe the follow- ing:— (o) Existing use or uses of the prop- erty. (p) Proposed use or uses of the property. (q) The improvements and public utilities proposed to be made or in- stalled at the time which such im- provements are proposed to be com- pleted. (r) Public areas proposed for dedica- tion, reservation or limited use. (s) Tree planting and landscaping features. (t) A written request for any ex- ceptions, if any, to the provisions of this ordinance, which are deemed necessary to the subdivision by the subdivider. The Tentative Map of the division of a unit or contiguous units of land into fewer than five (5) lots shall show the data required for subdivisions of five or more lots, except that in cases where no street opening, improvement, widening or dedications or reservations for public purposes are required, the Planning Board shall accept a Record of Survey Map, showing the lot design and dimensions and information re- quired by the City Engineer in lieu of a Tentative Map, and the City Council shall permit the recording of an approved Record of Survey Map, in lieu of a final map in such cases. See. 11-3110. Filing of Tentative Map. (a) Twelve copies of the tentative map of the proposed subdivision of any land, plus a duplicate tracing of such tentative map, together with the additional data required, shall be filed with the Secretary of the Planning Board at least fifteen days prior to the Planning Board meeting, at which consideration of the map is desired. (b) A filing fee of five dollars per lot for each lot up to and including five lots, plus one dollar per lot for all lots in excess of five lots, shall be paid at the time of filing of a Tenta- tive Map. (c) Upon filing of a Tentative Map, the Secretary of the Planning Board shall transmit all copies but one to the City Engineer, who shall transmit copies to other departments and agen- cies concerned. Each department or agency receiving a copy shall examine the map to ascertain if the proposed subdivision conforms to its standards and requirements, and shall, within five days, submit a report thereon to the City Engineer. Within fifteen days from the date of filing, the City Engi- neer shall submit a written report to the Planning Board, including the comments and recommendations of all departments and agencies concerned. Sec. 11-3111. Consideration of Tenta- tive Map. (a) The Planning Board shall con- sider Tentative Maps of proposed sub- divisions as to their excellence of de- sign and improvement, suitability of existing and proposed land use rela- tionships, conformity with zoning and other standards and regulations, and conformity with the various elements of the Master Plan. (b) The Planning Board may re- quire that the subdivider reserve, or may suggest the desirability of his dedicating suitable areas for the schools, parks and playgrounds and other public sites which will be re- quired for the use and service of the persons who will occupy the subdi- vision under the plan of proposed property uses. The Planning Board shall suggest such measures as will make for desirable community de- velopment. See. 11-3112. Action on Tentative Map. (a) The Planning Board shall, within thirty days from the date of filing, determine whether the Tentative Map meets proper standards for design and improvement and meets engineering and other standards of the City, pre- sents an acceptable comprehensive plan, and conforms to the elements of the Master Plan, and upon such determination, shall approve, condi- tionally approve, or disapprove the map. (b) The Planning Board shall trans- mit a report of its action to the City Council, which shall act upon the re- port within ten days or at its next succeeding meeting, following receipt of the report, The Council may overrule or modify any ruling of the Planning Board in regard to the said Tentative Map and make such findings as are not incon- sistent with the provisions of the Sub- division Map Act or of this Article. (c) The time limits prescribed here- by for acting on Tentative Maps may be extended by the mutual consent of the subdivider and the Planning Board or City Council. Sec. 11-3113. General Regulations of Design- and Improvement. (a) Streets and Highways. The street and highway design shall conform both in width and alignment to any Master Plan of streets and highways approved by the City Council and rights-of-way for any streets and highway indicated shall be dedicated. The street and highway design shall conform to any proceedings affecting the subdivision which may have been initiated or ap- proved, by the City Council, or ap- proved by said Council upon initia- tion by other legally constituted bodies of the City, County or State. (b) Alignment of Streets and High- ways. All streets shall, so far as prac- ticable, be in alignment with existing adjacent streets by continuations of the center lines thereof or by ad- justments by curves. (c) Intersections. Street center lines shall be required to intersect one another at an angle as near to a right angle as is practicable by tan- gents not less than one hundred feet in length. (d) Extensions. Cul-De-Sacs. Where necessary to give access to, or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the subdivision and the resulting dead-end or cul-de-sac streets may be approved without a turn-around. In all other cases, a turn- around having a minimum curb to curb diameter of 66 feet shall be re- quired. No cul-de-sac street shall ex- ceed six hundred feet in length. (e) Intersection Corner Rounding. Whenever a major street or state high- way intersects any other street or highway, the property lines at each block corner shall be rounded with a curve having a radius of not less than 20 feet. A greater curve radius may be required if streets intersect at other than right angles. (f) Curve Radii. The center line curve radii on all streets and high- ways shall conform to accepted engi- neering standards of design and shall be subject to approval by the City Engineer. 1: (g) Grades of Streets and Highways. No major or secondary street shall have a grade of more than three per cent. No other street shall have a g rade of more than five per cent, un- condi- r because of topographical tions or other exceptional conditions, the City Council determines that a steeper grade is necessary. No street or highway shall have a grade of less than one-tenth of one per cent. (h) Reserved Strips. Reserved strips controlling the access to public ways shall be deeded unconditionally to the City of Alameda. (i) Widths. Streets and highways shall not be of lesser widths than those set forth hereunder: (a) Major Street or Highway—Right- Of-Way-88 ft. Curb to Curb 64 ft. (b) Secondary St. or Highway—Right- of-Way-64 ft. Curb to Curb 40 ft. (c) Residential Street—Right-Of-Way —60 ft. Curb to Curb 36 ft. (d) Cul-De-Sac St. less than 350 ft. in length—Right-Of-Way-52 it. Curb to Curb 36 ft. 350 to 600 ft in length—Right-of- Way-60 ft. Curb to Curb 36 ft. (e) Service Rds. As specified in each particular case, by Plan. Board. (f) Private ways. As specified in each particular case, by Plan. Board. See. 11-3114. Service Roads and Off- Street Parking. When lots proposed for commercial or industrial uses front on any major or secondary street or highway, the subdivider may be required to dedi- cate and improve a service road to provide ingress and egress to and from such lots, or in lieu thereof; if ap- proved by the Planning Board, the sub- divider may dedicate for public use and improve an area adjacent to such lots for off-street parking purposes. When any lots proposed for resi- dential use front on a freeway, state highway or parkway, the subdivider may be required to dedicate and im- prove a service road at the front of such lots. In addition to any require- ments for a service road, the Plan- ning Board may require adequate off- street parking areas for all lots pro- posed for commercial or industrial use. Sec. 11-3115. Non-Access and Plant- ing Strips. When conditions require that the rear or side lines of any lots border a major highway or parkway, the sub- divider may be required to execute and deliver to the City, an instrument which allows the city to prohibit the right of ingress and egress to such lots, across the sidelines of such highway or parkway. When the rear or sidelines of any lots border any freeway, state high- way or parkway, the subdivider may be required to dedicate, fence, and im- prove a planting strip adjacent there- to with approved landscaping; provid- ed, however, no such dedication, im- provement or fencing shall be required when the abutting freeway, state high- way or parkway has been independ- ently fenced and improved. See. 11-3116. Alleys. When lots are proposed for commercial or industrial uses, alleys at least twenty-four feet in width may be required at the rear thereof with adequate ingress and egress for truck traffic, and improved to City standards. Sec. 11-3117. Street Names. All street names must be as approved by the Planning Board. No duplication of street names shall be permitted. See. 11-3118. Easements. (a) The subdivider may be required to grant easements not less than six feet in width along each side of a rear lot line, and not less than five feet in width along each side of side lot lines for public utility, sanitary sewer and drainage purposes, provided easements of lesser width may be al- lowed when approved by the City Engineer, after conferring with affected public utility systems. (b) Power and telephone facilities may be required to be installed un- derground where front easements are permitted. Any easements approved for overhead pole lines and anchors shall be provided at the rear of all lots, except where alleys are available. All power installations shall he sub- ject to rules and regulations promul- gated by the Bureau of Electrilcity of the City of Alameda. See, 11-3119. Lois. (a) The sizes and shapes of lots shall he in conformance with any zoning regulations effective in the area of the proposed subdivision and as shown on the zoning map. No lot shall be less than fifty feet in width, ex- cept residential lots on curved or cul- de-sac streets, which shall have a minimum width at the established front yard set-back line of fifty feet, Corner lots shall not be less than sixty feet in width. All residential lots shall have an area of at least 5,000 square feet, (b) Side Lines. The side lines of all lots insofar as possible, shall be at right angles to streets or radial or approximately radial to curved streets and to the center points of cul-de- sac turning circles. (c) Divided Lots. No lot shall be di- vided by a city boundary line. (d) Interior Lots. Interior lots having double frontage will not be approved. Sec. 11-3120. Walkways. The subdi- v ider may be required to dedicate and improve paved, landscaped and fenced walkways not less than twelve feet wide through blocks in excess of 600 feet in length; or to provide access to schools, parks or other public areas by paved, landscaped and fenced walk- ways not less than 20 feet in width. Sec 11-3121. Water Areas. (a) Water areas in proposed sub- divisions shall be reviewed by the Planning Board as to proper design and improvement, form and dimen- sions, and relationship to street and lot design and proposed and existing land uses in the proposed subdivision and adjoining areas. (b) Plans for water areas shall in- clude the following, which shall be subject to Health Department and En- gineering Department approval: (1) Scale plan of water areas, indi- cating proposed depths of water, nor- mal water levels; slopes and types of bank retention; types, locations, di- mensions, and grades of water con- duits. (2) Data as to storm drainage area and runoff volumes under normal and extreme conditions, water area capa- city for storm drainage storage, details of water level controls and pumping, methods of flushing and filling said water areas. (3) Data as to water quality, meth- ods of controlling insects, water growths and vegetation. (4) Proposed method of maintenance and operation of water areas, including control points and other features an methods of access. (5) Proposed restrictions and cove- nants governing the use of such water areas. (6) Proposed easements or rights-of- way to be dedicated for storm drain- age or other public purposes. Sec, 11-3122, Land Subject to Inunda- flon. If any portion of any land within the boundaries of a proposed subdi- vision or adjacent thereto is subject to overflow, inundation or flooding by storm or tidal waters, that portion of the subdivision shall be clearly in- dicated on the Tentative Map. Sec. 11-3123. improvements. (a) The subdivider shall install at his own expense, or cause to be in- stalled, and dedicate if applicable, as required by the Planning Board, the following improvements within the proposed subdivision in accordance with the recommendation of the Plan- ning Board and the Standard Subdivi- sion Improvement Specifications of the City of Alameda: (1) Land grading and improvement. (2) Street, alley and walkway grad- ing and paving. (3) Curbs, gutters, sidewalk and land- scaping. (4) Fencing barriers, street signs, header boards and warning devices. (5) Sanitary sewers, storm drains and appurtenances, (6) Street lighting systems. (7) Fire hydrants and fire alarm sys- tem (8i All public utility systems, (9) Street and walkway tree planting and landscaping. (10) Bulkheads, seawalls, retaining walls or other methods of land re- tention. The Planning Board may recommend additional improvements which it deems necessary, or may recommend deletion of any of the above set out items, which are obviously not ap- plicable, in any particular subdivision. Sec, 11-3124, Final Map. (a) Within one year after approval, or conditional approval of the Tenta- tive Map by the City Council, the subdivider shall cause the subdivi- sion, or any part thereof, to be sur- veyed and a Final Map thereof to be prepared in conformance with the Tentative Map, as approved or condi- tionally approved. Tracings and prints of the Final Map as required by the County Recorder shall be filed with the City Engineer. An extension of time for filing of the Final Map may be granted by the City Council, pro- v id. i ing written application is made by the subdivider within one year after action on the Tentative Map. In the case of a reversAon to acreage, no survey need be made unless deemed necessary by the City Engineer. (b) At the time of filing of the Final Map with the City Engineer, the subdivider shall also file there- with, the following: (1) An instrument conveying all easements required for public pur- poses and specifying limitations to the uses thereof. (2) The instrument prohibiting traf- fic over the side line or end of a freeway, parkway or street, when and if the same is required. (3) Calculation and traverse sheets used in computing the distances, angles and courses shown on the Final Map, and ties to existing and proposed mon- uments. (4) Complete plan, profile and de- tailed drawings of the improvements drawn to a scale of one inch equals 40 feet, as designated by the City En- gineer. (5) Specifications for required im- provements as designated by City En- gineer. (c) Form of Final Map, The Final Map shall be clearly and legibly drawn upon tracing cloth of good quality. All lines, letters, figures, certifica- tions, acknowledgments and signatures shall be made in black India ink. The map shall be so made and shall be in such condition when filed, that good legible blueprints and negatives can be made therefrom. The size of the sheets of tracing cloth shall be eighteen by twenty-six inches. A mar- ginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the Final Map shall be one inch equals not more than one hundred feet. When the Final Map consists of two or more sheets, a key map showing the relation of the sheets shall be placed on sheet one. Every sheet com- prising the map shall bear the scale, north point, legend, sheet number and number of sheets comprising the map. See, 11-3125. Reversion to Acreage. Maps filed for the purpose of revert- ing subdivided land to acreage shall be conspicuously designated with the title "The Purpose of this Map is a REVERSION TO ACREAGE." Sec., 11-3126. System of Coordinates. (a) The survey of a Record of Sur- vey or Final Map shall be tied into and completed in the system of coor- dinates as established by the City En- gineer. The corners of all adjoining subdivisions shall be identified by lot and block numbers, tract name and place of record, or other proper des- ignation. (b) Sufficient data must be shown to fully describe every curve, lot, block and boundary line. No ditto marks shall be used. Lots containing one acre or more shall show net acre- age to nearest one-hundredth. See. 11-3127. Monuments. (a) Whenever the City Engineer has established the monument line of a street or alley, adjacent to or in the proposed subdivision, such data shall be shown on the Final Map, in- dicating all monuments found and ref- erence to a map. If the points were reset by ties, that fact shall be stated, (b) The map shall show the loca- tion and description of all monuments found in making the survey of the sub- division, and shall include bearings and distances to such other existing monuments as may be necessary to establish the position of the proposed subdivision in relation thereto. (c) The monuments shall be installed at street intersections, between street intersection, where necessary to pre- serve the street alignment and the angle points along the exterior boun- daries where necessary. Sec. 11-3128, Final Map Requirements, In addition, the Final Map shall be prepared in full compliance with the following requirements: (1) The map shall show the line of high water in case the subdivision includes or is adjacent to areas sub- ject to periodic inundation by flood or tidal waters. (2) The boundary of the tract shall be designated by a Prussian Blue border applied to the reverse side of the tracing and on the face of the blue line prints. Such border shall not in- terfere with the legibility of figures or other data. (3) Streets and other Rights-of-Way. The map shall show the monument and side lines of all streets, the total width of all streets, the width of the portion being dedicated and the width of. existing dedications, and the widths each side of the monument line, also the of railroad rights-of-way, appearing on the map, (4) . The map shall show the side lit_6s of all easements to which any lots are subject. The easements shall be clearly labeled and identified. If any easement is not of record, a state- ment of such easement must appear on the title "sheet. Easements for storm drain, sewers, utilities and other pur- poses shall be denoted by fine dash lines. The widths of easements and the lengths and bearings of the lines thereof, and sufficient ties thereto to definitely locate the easement with re- spect to the subdivision, shall be shown. If the easement is being dedi- cated by the map, it shall be properly set out in the owner's certificate of dedication. (5) City boundary lines crossing or abutting the subdivision shall be clear- ly designated and referenced. (6) Lot numbers shall begin with the number "l" and shall continue consecutively through the block, with no omissions or duplications. (7) Block numbers shall begin with the number "l" or letter "A," continu- ing consecutively without omission or duplication throughout the tract. The numbers or letters shall be solid and of sufficient size and thickness to stand out; shall be so placed as not to obliterate any figures, and shall not be enclosed in any design. Each block in its entirety shall be shown on one sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with monu- ment line and property line data. (8) The Final Map shall particularly define, delineate and designate all lots or parcels intended for private pur- poces; all parcels offered for dedica- tion for any purpose, public or private; and any private streets permitted un- der the provisions of this ordinance, with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedica- tion, but not accepted shall be so des- ignated. (9) The map shall show all. other data that is or may be required by law. Sec, 11-3129. Covenants of Restric- flors. Two copies of revised covenants of restrictions shall be filed with the Final Map. See. 11-3130. Certificates. The follow- ing certificates and acknowledgments and all others now or hereafter re- quired by law shall appear on the Final Map. Such certificates shall be in the form specified by the Planning Board. (a) Owners Certificate. A certificate signed and acknowledged by all par- ties having any record title interest in the land subdivided consenting to the preparation and recordation of said map. (b) Dedication Certificate. A certifi- cate, signed and acknowledged as above, offering for dedication all parcels of land shown on any final map and in- tended for any public use except those parcels other than streets, which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and ser- vants. (c) Engineer's Certificate. A certifi- cate by the Engineer or Licensed Sur- veyor responsible for the survey and Final Map. The signature of such En- gineer or Surveyor, unless accompa- nied by his seal, must be attested. The certificate shall give the date of the survey and state that the survey was made by him or under his direction and that the survey is true and com- plete as shown; that the monuments are of the character and occupy the positions indicated, or that they will be set in such positions at such time as agreed upon, and that said monu- ments are or will be sufficient to en- able the survey to be retraced. (d) City Engineer's Certificate. A certificate by the City Engineer stat- ing that he has examined the Final Map and that it is in substantial con- formity with the approved Tentative Map and any approved alterations thereof, that the map complies with the Map Act and this ordinance, and is technically correct. (e) City Clerk's Certificate. A cer- tificate for execution by the City Clerk stating that the City Council approved the Final Map and accepted or rejected the offers of dedication. (f) All other affidavits, certificates acknowledgements, endorsements, ana notarial seals as are required by law and this ordinance. See, 11-3131, Action on Final Map. (a) Approval by City Engineer. Upon receipt of the Final Map and other data submitted therewith, the City Engineer shall examine them to determine that the subdivision as shown is substantially the same as it appears on the approved Tentative Map, and any approved alterations thereof; that all provisions of this ordinance and of any ordinance ap- plicable at the time of approval of the Tentative Map have been com- plied with, and that he is satisfied that the map is technically correct. If the map is found to be technic- ally correct and in conformance with regulations and with the approved Ten- tative Map, the City Engineer shall certify said map and transmit it to the City Clerk. (b) Approval by City Council. At its first regular meeting following the filing of the map with the City Clerk, the City Council shall consider the map and any offers of dedication. The City Council may reject any or all offers of dedication. If the Council shall determine that the map is in conformity with the approved Tenta- tive Map, the requirements of this Ordinance and the Master Plan, it shall approve the map. When the subdivider shall have filed with the City Clerk the agreement and bond, or have made the deposit described In Section 11-3133 hereof, such agree- ment and bond may be approved by the Council as to form and as to sufficiency. No map shall have any force or effect until it has been ap- proved by the City Council, and no title to any property described in any offer of dedication shall pass until the map has been recorded in the office of the County Recorder. Sec. 11-3132. Improvements and Bonds (a) All required improvements shall be installed by the subdivider in ac- cordance with the Standard Subdi- vision improvement Specifications of the City of Alameda established by the City Engineer and on file in his of- fice, and shall be subject to inspec- tion by the City Engineer, and ap- proval by the City Council. (b) If the Subdivider elects to con- tinue with the project after receiving approval of the Tentative Map, com- plete plans, profiles and specifications of the improvements shall be drafted by the engineer employed by the Subdivider and when completed to the satisfaction of the City Engineer, the original drawings shall become the property of the City of Alameda and shall be filed with the City Engineer. (c) All reasonable office and engi- neering costs expended by the City Engineer's Office in connection with checking the improvement plans and specifications and Final Map, and do- ing work associated with the construe- tion of improvements shall be paid for by the Subdivider, who shall 'be billed monthly for said services and expenses and shall pay all of said costs before the City Engineer will affix his signature to the certificate on the Final Map; provided, however, that the City Engineer shall deliver to the Subdivider, a reasonable time schedule relating to the time of con- struction of said improvements; should said time schedule be adhered to by the Subdivider, then, and in that event, said office and engineering costs shall not exceed four per centum (4%) of the actual cost of improvements as attested by a certification of the sub- divider as to said actual cost of im- provements. In the event the Subdi- vider does not pay the monthly bills within a reasonable time, the City Engineer shall have the right to refuse further service to the Subdivider until such time as the matter is adjusted to the satisfaction of the City Council. Sec. 11-3133. Agreement and Bond for Improvements. (a) Before approval by the City Council of the Final Map, the subdi- vider shall execute and file an agree- ment between himself and the City specifying the period within which he shall complete all improvement work in accordance with the approved Ten- tative Map, the Standard Subdivision Improvement Specifications, and to the satisfaction of the City Engineer, and providing that if he shall fail to complete such work within the spe- cified period the City may complete the work and recover all costs and expenses thereof from the subdivider or his successors in interest. The agree- ment shall also provide for checking the improvement plans, and inspec- tion of all improvements by the City Engineer and reimbursement of the City for the cost of such checking and inspection. The agreement may, also provide: (1) for the construction of the improvements in units, (2) for an extension of time under conditions therein specified, (3) for the termina- tion of the agreement upon the com- pletion of proceedings under an as- sessment district act for the construc- tion of improvements deemed by the City Engineer to be at least the equivalent of the improvements speci- fied in said agreement and required to be constructed by the subdivider, and (4) for progress payments to the subdivider from any deposit money which the subdivider may have filed in lieu of a surety bond, as provided by the next succeeding section. (b) The subdivider shall also file with the aforesaid agreement, to as- sure his full and faithful performance thereof, a bond in an amount not in excess of the cost of said improvements and engineering, inspection and other costs to the City, as estimated by the City Engineer. Such bond shall be exe- cuted by a surety company authorized to conduct a surety business in the State of California and shall be ap- proved by the City Attorney as to form, and the City Council as to suffi- ciency. In lieu of said bond the sub- divider may deposit cash or certified or cashier's check. (c) In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this Ordinance and the City shall have completed same, or if the subdivider shall fail to reimburse the City for the cost of inspection, the City shall call on the surety for reimbursement, or shall appropriate from any cash de- posits funds for reimbursement. (d) No extension of time, progress payments from cash deposits, or re- eases of surety bond or cash deposit shall be made except upon certifica- tion by the City Engineer that work covered thereby has.been satisfactorily completed, and upon approval of the City Council. See, 11-3134. Exceptions. (a) The Planning Board may rec- ommend that the City Council author- ize conditional exceptions to any of the requirements and regulations set forth in this Ordinance. Application for any such exception shall be made by a � of the subdivider, stat- ing full the grounds of the applica- tion and the facts relied upon by the petitioner. Such petition shall be filed with the Tentative Map of the sub- division. In order for the property re- ferred to in the petition to come within the provisions of this section, it shall be necessary that the Plan- ning Board find the following facts with respect thereto: (1) That there are special circum- stances or conditions affecting the property. (2) That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. (3) That the granting of the excep- tion will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. (b) In recommending such excep- tions, the Planning Board shall secure substantially the objectives of the regulations to which exceptions are requested, and shall act to protect the public health, safety, convenience and general welfare, . (c) In recommending the authoriza- tion of any exception under the pro- visions of this section, the Planning Board shall report to the City Council Its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designated. (d) Upon receipt of the report, the City Council may approve the Ten- tative Map with the exceptions and conditions the City Council deems necessary to substantially secure the objectives of this Ordinance Sec. 11-3135. Appeal. (a) Appeal may be made to the City Council from any decision, de- termination or requirement of the Planning Board or City Engineer by filing a notice thereof in writing with the City Clerk within fifteen calendar days after such decision. The notice shall set forth in detail the action and the grounds upon which the subdi- vider deems himself aggrieved. (b) The City Clerk shall report the filing of such notice to the Planning Board and the City Engineer. A writ- ten report shall be submitted to the City Council by the agency or person whose decision, determination, or re- quirement is being appealed. (c) The City Council at its next regular meeting following the filing of such an appeal, or within ten days following the filing thereof, shall hold a public hearing on the appeal, and any such hearing may, for good cause, be continued by consent of the City Coun- cil and the Subdivider. Following the hearing, and within seven days, the City Council may overrule, affirm or modify the decision, determination or requirement appealed from and en- ter any such order or orders as are in harmony with the spirit and purpose of this Ordinance and the law regard- ing subdivisions. See. 11-3136. Validity. If any section, sub-section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validity of the remain- ing portions of the Ordinance. The City Council of the City of Alameda, State of California, hereby declares that it would have passed this Ordin- ance and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, sub-sections, clauses or phrases be declared invalid or unconstitutional. See. 11-3157. Penalties. Any person, firm, corporation, partnership, or co- partnership who willfully violates any of the provisions or fails to comply with any of the mandatory require- ments of this Ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed $500 or by imprison- ment in the City and/or County Jail for not to exceed six months or by both fine and imprisonment, except that nothing herein contained shall be deemed to bar any legal equitable or summary remedy to which the City of Alameda or other political subdivision, or any person, firm, corporation, part- nership, or copartnership may other- wise be entitled, and the City of Ala- meda or any other political subdivision or person, firm, corporation, partner- ship, or copartnership may file a suit in the superior court of the County of Alameda to restrain or enjoin any at- tempted or proposed subdivision or sale in violation of this Ordinance. SECTION,2. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. R.P.KRANELLY Presiding Officer of the Council Attest: SHIRLEY H. TENNIER, City Clerk I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 20th day of November, 1956, by the follow- ing vote, to-wit: AYES: Councilmen Haag, Hove, Mc- Call, Moresi and President Kranelly (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said city this 21st day of November, 1956. (SEAL) SHIRLEY H. TENNIER, City Clerk of the City of Alameda. Publish Nov. 22, 1956.