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Ordinance 1728RULES AND REGULATIONS GOVERNING THE PLANNING AND SUBDIVIDING OF LAND AND THE FILING AND APPROVAL OF SUBDIVISION MAPS being Title XI, Chaoter 3, Article 1 of the ALAMEDA MUNICIPAL CODE of the CITY OF ALAMEDA, CALIFORNIA As adopted by Ordinance No. 1728, New Series Passed September 3, 1974 Effective October 4, 1974 CITY OF ALAMEDA ORDINANCE 110. 1728 New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEALING ARTICLE 1, CHAPTER 3, TITLE XI, AND INSERTING IN ITS PLACE A NEW ARTICLE 1, CHAPTER 3, OF TITLE XI PRESCRIBING RULES AND REGULATIONS GOVERNING THE PLANNING AND SUBDIVIDING OF LAND AND THE FILING AND APPROVAL OF SUBDIVISION MAPS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA.: Section 1 . That the Alameda Municipal Code is hereby amended by repealing Chapter 3, Article 1, of Title XI thereof and inserting in its place a new Chapter 3, Article 1, of Title XI, which shall read as follows: CHAPTER 3. Article 1 Real Estate Subdivision Regulations Sec. 11 -311 This ordinance is adopted for the following purposes: (a) To establish minimum permissible regulations for the division and Sub- division of land into two or more parcels. (b) To provide a guide for owners in the property division of their land, and for the Planning Board in its consideration of proposed land division. (c) To serve as a means of implementing the Official Alameda Master Plan, and of accomplishing the portions of the Master Plan which apply to the properties proposed for division or subdivision under the regulations of this ordinance. Sec. 11 -312 The Planning Board of the City of Alameda, hereinafter referred to as the Planning Board, is hereby designated as the Advisory Agency, with respect to subdivisions, as provided in the Subdivision Map Act of the State of California, and is hereby charged with the duty of making investigations and reports on the design and improvement of proposed divisions of land requiring the recordation of a subdivision Final Map or Parcel Map. Sec. 11 -313 The Planning Board shall have all the powers and duties with respect to the design and improvement of preliminary plans, Tentative and Final Maps, Parcel Maps, and the procedure relating thereto, subject to the powers of the City Council, which are specified by law and by this ordinance. Sec. 11 -314 It shall be unlawful for any individual, firm, association, trust or any other legal entity, as principal, agent, or otherwise to offer to sell, to contract to sell, or to sell any division or subdivision of land or any part thereof in the City of Alameda, unless and until all of the requirements hereinafter provided have been complied with. Sec. 11 -315 Words and phrases used in this Chapter, unless otherwise defined, shall have the same meanings as they do in Chapter 2, Subdivision Maps, of the Subdivision Map Act which is part of the Business and Professions Code of the State of California, the Condominium Act, Title 6, Chapter 1, of the Civil Code of the State of California and the Zoning Ordinance of the City of Alameda. -1- (a) "Map Act" shall be deemed to mean the Subdivision Map Act of the State of California, and amendments thereto. (b) "Owner" is the individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be divided or subdivided to commence and maintain proceedings to do so under the provisions of this ordinance. (c) "Property Division Map" shall mean a map filed in lieu of a Parcel Map according to the provisions of this ordinance. (d) "Latest equalized county assessment roll" for the purposes of this ordinance and the Map Act shall mean the roll as of September 1, 1973 and as it may be changed by division of land in conformance with this ordinance and applicable state laws. (e) "Division of land" refers to the division of any real property or condominium project, improved or unimproved, or portion thereof shown on the latest equalized county assessment roll as a lot or contiguous lots, which is divided for the purpose of sale or lease, whether immediate or future, by any subdivider into two or more parcels; provided that this Chapter shall not apply to the leasing of apartments, offices, stores, or similar space within an apartment building, industrial building, or commercial building, nor shall this Chanter apply to mineral, oil, or gas leases. Nothing in this definition shall be construed as authorizing divisions of land made prior to the date of this ordinance not in conformance with the prior ordinance and applicable state laws. Sec. 11 -316 Subdivision Conference Prior to the filing of a map, the subdivider may request a conference with the Planning Director for a genera' discussion of his plan and of the subdivision standards and requirements of the City. Sec. 11 -317 Preliminary Plan Prior to the filing of a Tentative Map, or Parcel Map, the subdivider shall submit to the Planning Board, for applications other than planned developments, a preliminary plan showing the following infor- mation: (a) Approximate design and dimensions 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 developments, zoning and the Master Plan. (b) Topographic and water features, proposals for home -owner organizations 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. Sec. 11 -318 The Planning Board shall review the preliminary plan and make such suggestions as will provide guidance to the subdivider in the preparation of a well designed and acceptable division of land. Sec. 11 -319 Tentative Map The tentative map of subdivision shall be 22" x 30" 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 information: -2- (a) The tract number or other description as established by the recorder of the County of Alameda, State of California. (b) A description and delineation sufficient to define the location and boundaries of the tract. Political subdivision lines and important survey lines shall be shown. (c) Date, north point and scale. (d) Name(s) and recording data of record owner or owners in the title block. (e) Name and address of the subdivider. (f) `lame and address of the registered engineer or licensed surveyor who prepared the map. (g) Elevations and /or contours to determine the general slope of the land and the high and low points thereof. (h) The locations, name=_, widths and approximate grades of all ways, roads, streets, highways and railways, existing and proposed within the tract and within the surrounding adjacent lands. (i) The tract, block and lot names and /or numbers of adjoining subdivisions of record or names of individual lot owners. The dimensions, 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. fti) The locations and sizes of sanitary sewers, culverts, and drainage structures, existing and proposed in the tract and adjacent to the tract. (1) The locations of all water, gas and electric lines, and of all fire hydrants, fire alarm systems, street lights, and any other necessary utilities existing or proposed within the tract or adjacent thereto. (m) Approximate lot layout and dimensions of each lot. Lots shall be numbered. (n) The dimensions and locations of any existing buildings which are to remain on the property. (o) If any portion of any land within the boundaries of a proposed subdivision or adjacent thereto is subject to overflow, inundation or flooding by storm or tidal waters, that portion of the land shall be clearly indicated. (p) A subdivider's statement to appear upon, or to accompany the Map fully describing the following: (1) Existing use or uses of the property. (2) Proposed use or uses of the property. (3) The improvements and public utilities proposed to be made or installed, and the time at which such improvements are proposed to be completed. (4) Public areas proposed for dedication, reservation or limited use. (5) Tree planting and landscaping. (6) A statement enumerating all items (if any) that are not in conformance with the current City building and zoning codes. (7) A written request, and reasons therefor, for any exceptions to the provisions of this ordinance, which are deemed necessary to the subdi- vision by the subdividers. Sec. 11- 319.1 Parcel Maps The map of the division of land into four (4) or less parcels shall show the information required by the Map Act and the City Engineer. In the event street construction, improvement or widening, dedication, or reservations for public purposes are required, the Planning Board may give conditional approval to a Parcel Map presented under this section, said approval being conditioned by and contingent upon the construction of any street, or the improvement or widening thereof, as required by the Planning Board, and the requisite offering for dedication or reservation of the same for public purposes; or upon the execution by the person, firm, or corporation seeking to file the Parcel Map of an agreement substantially in conformance with Section 11 -3133 of this Code, -3- together with the filing of the bond required in said section. In either case, the Planning Board may set time limitations within which the street construction, improvements, dedications or reservations for public use must be accomplished; provided, further, that any division of land made pursuant to Section 11 -319.2 may not require the submission of such Parcel Map. In lieu thereof a Property Division Map, in accordance with Section 11- 319.2, shall be submitted. Where dedications are required such dedications shall be completed prior to filing of the Parcel Map. Sec. 11- 319.2 Property Division Map (a) A Property Division Map may be filed in lieu of a Parcel Map if all of the following conditions are met: (1) The property division is for the creation of a new property line to facilitate the transfer of up to three small portions of land from one lot to adjoining lots. (2) The new small portion being transferred would not satisfy the requirements of building sites. (3) The portion of the lot remaining after the creation of the new parcel meets all the requirements for a lot (area, width, etc.), as set forth in the City of Alameda Zoning Ordinance. (4) No street improvements or other "subdivision" improvements are required. (5) The proposed property division and the use of a Property Division Map meet with the approval of both the City Engineer and the Planning Director of the City of Alameda. (b) The Property Division Map shall be filed on a sheet, the outside dimensions of which shall be 11" x 17', the quality of which shall be an acceptable tracing paper, polyester base film, or cloth, and the format and informa- tion shown thereon shall be as required by the City Engineer. (c) The City Engineer may require the map to be prepared by a registered civil engineer or licensed land surveyor, or he may require the map to be submitted by an established real estate title company. (d) The map shall be approved by the City Engineer and the City Planning Director upon receipt of an acceptable map. (e) The original drawings or reproducible copies of deed record drawings will be kept in the City Engineer's files. (f) The deed describing the transfer shall be recorded with the County Recorder. Sec. 11 -3110 Filing of Tentative Map or Parcel Map with Planning Board (a) Four (4) copies of the Tentative Map or Parcel Man of the proposed division of any land, together with the additional data required, shall be presented to the Secretary of the Planning Board. (b) A fee of Twenty -Five Dollars ($25.00) per lot or unit for each lot or unit up to and including five lots or units, plus Ten Dollars ($10.00) per lot or unit for all lots or units in excess of five lots or units, shall be paid at the time of presentation of a Tentative Map or Parcel Map. (c) Upon presentation of a Tentative Map or Parcel Map, the Secretary of the Planning Board shall transmit a copy to the City Engineer who shall, within five working days, examine it to determine if it is suitable for filing. If the City Engineer and the Planning Director find that the map substantially complies with all local and state regulations, the Planning Director shall, within said period, so inform the subdivider. Thereafter, the subdivider may file the map, together with thirty -three (33) copies of the Tentative Map or eighteen (18) copies of the Parcel Map of the proposed division of -4- land, plus a duplicate tracing of such map, at least twenty -one (21) calendar days prior to the Planning Board meeting at which consideration of the map is desired. if the City Engineer finds that the map is not suitable for filing, he shall return it to the Planning Director with a brief summary of its deficiencies. The Planning Director shall return the map to the subdivider with said summary and /or a summary of his findings of deficiency. (d) Upon filing of a Tentative Map or Parcel 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 agencies concerned. Each depart- ment or agency receiving a copy shall examine the map to ascertain if the proposed division of land conforms to its standards and requirements, and shall, within five days, submit a written report thereon to the City Engineer. Within fifteen days from the date of receipt of the map from the Secretary of the Planning Board, the City Engineer shall submit a written report to the Planning Board, including the comments and recommendations of all departments and agencies concerned. (e) The Planning Director shall examine the Tentative Mac or Parcel Map in relation to existing zoning, type and location of streets, parks and improve - ments, proposed size and location of lots, requirements for dedications, desirability of landscaping and tree planting plan, and like considerations, and submit his report to the Planning Board who shall consider it together with the Engineer's report. Sec. 11 -3111 Consideration of Tentative Map or Parcel Map (a) The Planning Board shall consider Tentative Maps or Parcel Maps of proposed divisions of land as to their excellence of design and improvement, suita- bility of existing and proposed land use relationships, conformity with zoning and other standards and regulations, and conformity with the various elements of the Master Plan. (b) The Planning Board may require that the subdivider reserve, or may suggest the desirability of his dedicating suitable areas for schools, parks, and playgrounds and other public sites which will be required for the use and service of the persons who will occupy the subdivision under the plan of proposed property uses. The Planning Board shall suggest such measures as will make for desirable community development. Sec. 11 -3112 Action on Tentative Mao or Parcel Map (a) The Planning Board shall, within fifty (50) days from the date of filing, determine whether the Tentative Map or Parcel Map meets proper standards for design and improvement and meets engineering and other standards of the City, presents an acceptable comprehensive plan, and conforms to the elements of the Master Plan, and upon such determination, shall approve, conditionally approve, or disapprove the map. The Board shall not recommend the approval of a Tentative Map if it makes any findings listed in Section 11549.5 of the Map Act. (b) The Planning Board shall transmit a report of its action on a Tentative Map to the City Council, which shall act upon the report at the first succeeding meeting of the Council at which the report may duly appear upon the Council's regular Agenda for such meeting. -5- (c) The Planning Board shall transmit a report of its action on a Parcel Mao to the City Council which shall act upon request of the subdivider within one year of Planning Board action. (d) The Council may overrule or modify any ruling of the Planning Board in regard to the Tentative Map or Parcel Mao and make such findings as are not inconsistent with the provisions ' of-the Subdivision Map Act or of this Chapter. (e) The time limits prescribed herein for acting on Tentative Maps or Parcel Maps may be extended by the mutual consent of the subdivider and the Planning Board or City Council. Sec. 11 -3113 General Regulations of Street 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 'highways indicated shall be dedicated. The street and highway design shall conform to any proceedings affecting the division of land which may have been initiated or approved, by the City Council, or approved by said Council upon initiation by other legally constituted bodies of the City, County or State. (b) Alignment of Streets and Highways All streets shall, so far as practicable, be in alignment with existing adjacent streets by continuations of the center lines thereof or by adjustments by curves. (c) Intersections Street center lines shall be required to intersect one another at an angle as near to the right angle as is practicable by tangents not less than one hundred feet in length. (d) Extensions, Cul -De -Sacs Where necessary to give access to, or permit a satisfactory futuresubidivision of adjoining land, streets shall extend to the boundary of the land being divided and the resulting dead -end or cul -de -sac streets may be approved without a turn - around. In all cases, a turn - around having a minimum curb to curb diameter of 66 feet shall be required. No cul -de -sac street shall exceed 600 feet in length. (e) Intersection Corner Rounding Whenever a major street or state highway 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 highways shall conform to accepted engineering standards of design and shall be subject to approval by the City Engineer. (g) Grades of Streets and Highways No major or secondary street shall have a grade of more than three percent. No other street shall have a grade of more than five percent, unless, because of topographic conditions 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 percent. (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: (1) Major Street or Highway -- Right -of- Way - -88 ft. Curb to Curb 64 ft. (2) Secondary Street or Highway -- Right -of- Way - -64 ft. Curb to Curb 40 ft. (3) Residential Street -- Right -of- Way - -60 ft. Curb to Curb 40 ft. (4) Cul -De -Sac Street less than 350 ft. in length -- Right -of -Way 52 ft. Curb to Curb 36 ft. 350 to 600 ft. in length -- Right -of- Way - -60 ft. Curb to Curb 36 ft. -6- (5) Service Roads. As specified in each particular case, by Planning Board. (6) Private Ways. As specified in each particular case, by Planning Board. Sec. 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 dedicate and improve service road to provide ingress and egress to and from such lots, or in lieu thereof; if approved by the Planning Board, the subdivider may dedicate for public use and improve an area adjacent to such lots for off- street parking purposes. When any lots proposed for residential use "front on a freeway, state highway, or parkway, the subdivider may be required to dedicate and improve a service road at the front of such lots. n addition to any requirements for a service road, the Planning Board may require adequate off- street parking areas for all lots proposed for commercial or industrial use. Sec. 11 -3115 Non- Access and Planting Strips When conditions require that the rear or side lines of any lots border a ma highway or parkway, the subdivider 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 highway or parkway, the subdivider may be required to dedicate, fence and improve a planting strip adjacent thereto with approved landscaping; provided, however, no such dedication, improvement or fencing shall be required when the abutting freeway, state highway or parkway has been independently fenced and improved. Sec. 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 approved by the Planning Board. No duplication of street names shall be permitteu. Sec. 11 -3118 Easements The subdivider may be required by the Planning Board to grant easements not less than six (6) feet in width along each side of a rear lot line, and not less than five (5) 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 allowed when approved by the City Engineer, after conferring with affected public utility systems. All power installations shall be subject to rules and regulations promulgated by the Bureau of Electricity. Sec. 11- 3118.1 Underground Utility Facilities (a) All electric, telephone, cable communications and all other utility facilities within the boundaries of the proposed subdivision or division of land shall be placed, installed and maintained underground except: (1) Transformers, terminal cabinets, sectionalizing device cabinets, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to such utilities; (2) Poles or posts which support street lighting systems, fire alarm devices or traffic control signal apparatus; (3) Power transmission lines having a capacity in excess of two thousand kilovolt amperes (2,000 kva); -7- (4) Express sections of power or communication lines which pass through a division of land in which utilities are installed underground to reach a location where utilities are installed aboveground, if the written consent of the Bureau of Electricity thereto be filed with the Planning Board. (b) The subdivider shall be responsible for compliance with this section and shall make the necessary cost and other arrangements with each public utility, including the Bureau of Electricity, for such underground instal- lation in conformance with such utility's approved rules and regulations. Evidence of such arrangements shall be supplied to the City Engineer by the subdivider before the Final Map is submitted to the Council. Sec. 11 -3119 Lots. (a) Sizes and shapes of lots shall conform to any zoning regulations or zoning approvals applicable to the proposed subdivision. (b) Where no width requirements for lots are established by the zoning ordinance no interior lot shall be less than 50 feet in width and no corner lot shall be less than 60 feet in width. (c) 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. (d) Divided Lots No lot shall be divided by a city boundary line. (e) Interior Lots Interior lots having double frontage will not be approved. Sec. 11- 3120 Walkways The subdivider 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 walkways not less than 20 feet in width. Sec. 11 -3121 Water Areas (a) Water areas within the proposed subdivided area shall be reviewed by the Planning Board as to proper design and improvement, form and dimensions, and relationship to street and lot design and proposed and existing land uses in the proposed subdivided area and adjoining areas. (b) Improvement plans for water areas shall include the following, which shall be subject to Health Department and Engineering Department approval: (1) Scale plan of water areas, indicating proposed depths of water; normal water levels; slopes and types of bank retention; types, locations, dimensions, and grades of water conduits. (2) Data as to storm drainage area and .runoff volumes under normal and extreme conditions, water area capacity 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, methods of controlling insects, water growths and vegetation. (4) Proposed method of maintenance and operation of water areas, including control points and other features and methods of access. (5) Proposed restrictions and covenants governing the use of such water areas. (6) Proposed easements or rights -of -way to be dedicated for storm drainage or other public purposes. -8- Sec. 11- 3121.5 Public Access to Water (a) No Tentative Map or Final Map shall be approved for any subdivision fronting on the shoreline which does not provide or have available public access by fee or easement from public highways to land below the ordinary high -water mark on any bay shoreline within a reasonable distance from the subdivision. (b) Public access routes provided by the subdivider shall be expressly desig- nated on the Tentative and Final Map along with the name of the agency to which they are dedicated. (c) The governing body must accept such dedication within three (3) years of the approval of the Final Mao or same shall be deemed abandoned. (d) In determining reasonableness of public access reference is hereby made to the provisions of the Map Act. Sec. 11 -3122 Erosion Control Drainage across interior property lines will not he permitted except in special circumstances approved by the City Engineer after establishment of approved easements. Construction grading and erosion control shall be conducted in such a manner as to prevent sedimentation or other damage to off -site property. Drainage, sedimentation and erosion control measures shall be shown on the subdivider's improvement clans. Sec. 11 -3123 Improvements (a) The subdivider shall install at his own expense, or cause to be installed, and dedicate if applicable, as required by the Planning Board, the following improvements within the proposed division of land in accordance with the recommendation of the Planning Board or the Standard Subdivision Improve- ment Specifications of the City of Alameda: (1) Land grading and improvement. (2) Street, alley and walkway grading and paving. (3) Curbs, gutters, sidewalks, monuments and landscaping. (4) Fencing barriers, header boards and warning devices. (5) Sanitary Sewers, storm drains and appurtenances. (6) Street lighting systems. (7) Fire hydrants and fire alarm system. (8) All public utility systems. (9) Street and walkway tree planting and landscaping. (10) Bulkheads, seawalls, retaining walls or other methods of land retention. (11) Traffic control, regulatory, warning and guide devices. (b) 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 applicable, in any particular division of land. (c) The Planning Board may recommend off -site as well as on -site improvements. Sec. 11- 3123.1 Preliminary Soil Report Prior to the submission of the Final Map as provided hereinbelow in Section 11 -3124, or prior to the subdivider's request for City Council consideration of the Parcel Map as provided in Section 11- 3112(c), the subdivider shall file with the City Engineer a preliminary soil report prepared by a registered civil engineer, based upon adequate test borings or excavations for every division of land. The City Engineer may waive such soil report if he shall determine that, due to his knowledge or the knowledge of his department of the soil qualities of said land, no preliminary analysis is required. -9- Sec. 11- 3123.2 Soil Investigation If the preliminary soil report indicates the presence of critically expansive soils or other soil problems, which if not corrected, would lead to defects in structures erected thereon, a soil investigation of each lot shall be prepared by a registered civil engineer. Said investigation shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The report shall be filed with the City Engineer. Sec. 11- 3123.3 Approval of Soil Investigation The City Engineer shall approve the soil investigation if in his judgment he determines that the recommended corrective action is likely to prevent structural damage to each dwelling tc be constructed on each lot. Any subdivider aggrieved by the City Engineer's deter- mination may appeal therefrom to the Board of Appeals provided for in the Alameda Building Code, and the decision of said Board shall be :final. Any building permit issued for any dwelling proposed to be built on said lot shall be conditioned upon the incorporation of the approved recommended corrective action in the construction o` each such dwelling. Sec. 11 -3124 Final Map (a) Within 18 months after approval, or conditional approval of the Tentative Man by the City Council, the subdivider may cause the subdivision, or any part thereof, to be surveyed and a Final Map to be prepared in accordance with the Tentative Map as approved. Original tracings and twelve (12) prints of the Final Map shall be filed with the City Engineer. An extension of time for filing of the Final Map may be granted by the City Council providing written application is made by the subdivider within one year after action on the Tentative Map. Extensions of time hereunder shall not exceed two years in the aggregate. In the case of a reversion 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 sub- divider shall also file therewith, the following: (1) An instrument conveying all easements required for public purposes and specifying limitations to the uses thereof. (2) The instrument prohibiting traffic 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 monuments. (4) Complete plan, profile and detailed drawings of the improvements drawn to a scale of one inch equals 40 feet, as designated by the City Engineer. (5) Specifications for required improvements as designated by the City Engineer. (6) A written request for the City Council to consider approval of the Final Map, Sec. 11 -3125 Reversion to Acreage (a) Maps filed for the .purpose of reverting subdivided land to acreage shall be conspicuously designated with the title "The Purpose of this Map is a REVERSION TO ACREAGE." -10- (b) The City Council shall hold a noticed public hearing as required by the Map Act before approving maps reverting to acreage. Sec. 11 -3126 Survey Control (a) The survey of a Final Map or Parcel Mac shall be tied into and comoieted in the system of coordinates as established by the City Engineer. A.il adjoining properties shall he identified by lot, block and tract designation, and /or property owners. (b) Sufficient data must be shown to fully describe every curve, lot, block and boundary lire. No ditto marks shall be used. Lots containing one acre or more shall show net acreage to nearest one - hundredth. Sec. 11 -3127 Monuments (a) Whenever the City Engineer has established the monument line of a street or alley, adjacent to or in the proposed division of land, such data shall be shown on the Final Map or Parcel Man, indicating all monuments found and reference to a map. If the points were reset by ties, the fact shall be stated. (h) The map shall show the location and description of all monuments found in making the survey for the Subdivision Map or Parcel Map, and shall include bearings and distances to such other existing monuments as may be necessary to establish the position of the proposed Subdivision Map or Parcel Map in relation thereto. (c) The monuments shall be installed at street intersect ions, between street intersection, where necessary to preserve the street alignment and the angle points along the exterior boundaries where necessary. Sec. 11 -3128 Final Map and Parcel Map Requirements In addition, the Final Map or Parcel Map shall be prepared in full compliance with the following requirements: (a) The man shall show the line of high water in case the area includes or is adjacent to areas subject to periodic inundation by flood or tidal waters. (b) The boundary of the tract shall be designated by a Prussian Blue border applied to the reserve side of the tracing and on the face of the blue line prints. Such border shall not interfere with the legibility of figures or other data. (c) 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 dedication, and the widths each side of the monument line, also the width of railroad rights - of -way, appearing on the map. (d) The map shall show the side lines of all easements to which any lots are subject. Easements for storm drains, sewers, utilities and other purposes 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. Record data of easements shall be shown to clearly label and identify the easements. If the easement is being dedi- cated by the map it shall be properly set out in the owner's certificate of dedication. (e) City boundary lines crossing or abutting the subdivision shall be clearly designated and referenced. (f) The map of a condominium project shall show units as required by the Map Act. -11- (g) The Final Map shall particularly define, delineate and designate all lots or parcels intended for private purposes; all parcels offered for dedica- tion for any purpose, public or private; and any private streets permitted under the provisions of this ordinance, with all dimensions; boundaries and courses clearly shown and defined in every case. Parcels offered for dedication, but not accepted shall be so designated. (h) The map shall show all other data that is or may be required by law. Sec. 11 -3129 Covenants of Restrictions Two copies of revised covenants of restrictions shall be filed with the Final Map or Parcel Map. Sec. 11 -3130 Final Mao Certificates The following certificates and acknowledgments and all others now or hereafter required by law shall appear on the Final Map. (a) Owner's Certificate A certificate signed and acknowledged by all parties having any record title interest in the land subdivided consenting to the preparation and recordation of said map. (b) Dedication Certificate A certificate, signed and acknowledged as above, offering for dedication all parcels of land shown on any final map and intended 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 licenses, visitors, tenants and servants. (c) Surveyor's Certificate A certificate by the Engineer or Licensed Surveycr responsible for the survey and Final Map. The signature of such Engineer or Surveyor, unless accompanied 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 complete 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 mnnuments are or will be sufficient to be retraced. (d) City Engineer's Certificate A certificate by the City Engineer stating that he has examined the Final Map and that it is in substantial confor- mity 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 certificate 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, acknowledgments, endorsements, and notarial seals as are required by law and this ordinance. Sec. 11- 3130.1 Parcel Map Certificates The following certificates and acknowledgments and all others now or hereafter required by law shall appear on the Parcel Map: (a) Owner Certificate Acertificate signed and acknowledged by all parties having any record title interest in the land subdivided consenting to the preparation and recordation of said map. (b) Surveyor's Certificate A certificate by a registered Civil Engineer or Licensed Surveyor responsible for the survey and Parcel Map. The certificate shall be in the form specified by the Map Act, Section 11579. (c) City Engineer's Certificate. A certificate by the City Engineer as for the purpose and as specs ied by the Map Act, Section 11576(d). -12- (d) Recorder's Certificate A certificate by the County Recorder as specified by the Map Act, Section 11579. (e) All other affidavits, certificates, acknowledgments, endorsements and notarial seals as are required by law and this ordinance. Sec. 11 -3131 Action on Final Mao (a) Anoroval 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 applicable at the time of approval of the Tentative Map have been complied with, and that he is satisfied that the map is technically correct. If the map is found To be technically correct and in conformance with regulations and with the approved Tentative Map, the City Engineer shall certify said map and transmit it to the City Clerk. (b) Anprovai 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 Tentative Map, the requirements of this ordi- nance and the Master Plan and does not make findings pursuant to Section 11549.5 of the Map Act, it shall approve the map. When the subdivider shall have filed with the Citv Clerk the agreement and bond, or have made the deposit described in Section 11 -3133 hereof, such agreement 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 approved 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. (c) The City Council shall find, before approval of a Final (or Parcel) Map that the proposed subdivision, together with the provisions for its design and improvement, is consistent with applicable general or specific plans of the City. (d) The phrase, "first regular meeting," as used in subsection (b) hereof, shall mean the first succeeding regular meeting of the City Council at which such map, offers, and any necessary documents in connection with consideration of the map, may duly appear upon the Council's regular Agenda for such meeting. Sec. 11 -3132 Improvements and Bonds (a) All required improvements shall he installed by the subdivider in accordance with the Standard Subdivision Improvement Specifications of the City of Alameda established by the City Engineer and on file in his office, and shall be subject to inspection by the City Engineer, and approval by the City 'Council. (b) If the subdivider elects to continue with the project after receiving approval of the Tentative Map or the Parcel Map from the Planning Board, complete plans, profiles and specifications of the improvements shall be drafted by the engineer employed by the subdivider and completed to the satisfaction of the City Engineer. The original tracings of the improvement plan drawings drawn on 22" x 30" sheets and as modified and certified by the subdivider's engineer to "as built" improvement construction plans, which substantially represent actual conditions at the time of the acceptance of the improvements by the City Council, shall become the property of the City of Alameda and shall be filed with the City Engineer. -13- (c) All reasonable office and engineering costs expended by the City Engineer's office, including overhead, in connection with checking the improvement plans and specifications and Final Map or Parcel Mao and doing work associate( with the construction and inspection of improvements, shall be paid for by the subdivider, who shall be billed monthly for said services and expenses, and shall pay all the said expenses before the City Engineer will affix his signature to the certificate on the Final Map or Parcel, Map; provided however, that the subdivider shall deliver to the City Engineer an approved reasonable time schedule relating to the time of construction of said improve- ments; should said time schedule be adhered to by the subdivider, then, and in that event, said office and inspection costs for the improvement portion of the work only, shall not exceed ten percent (10 %) of the actual cost of the improvements as attested by a certification of the subdivider as to the actual cost of improvements. In the event the subdivider 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. During such period no work shall be performed by the subdivider after receiving notice from the City Engineer. Sec. 11 -3133 Agreement and Bond for Improvements (a) Before approval by the City Council of the Final Map or Parcel Map, the subdivider shall execute and file an agreement between himself and the City specifying the period within which he shall complete all improvement work in accordance with the approved Tentative Map or Parcel 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 specified period the City may complete the work and recover all tests and expenses thereof from the subdivider or his successors in interest. The agreement shall also provide for checking the improvement plans, the inspection of all improvements by the City Engineer and reimbursement of the City for the cost of such checking and inspection, and delivery to the City Engineer original drawings of "as built" improvement plans and polyester base film reproductions of the recorded maps. 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 termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the City Engineer to be at least the equivalent of the improvements specified 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 said agreement such good and sufficient improvement security as the City Council deems sufficient in the form of cash deposits, bonds of duly authorized corporate securities or acceptable instruments of credit. Said improvement security shall be not less than fifty percent (50 %) nor more than one hundred percent (100 %) of the total estimated cost of the improvement, conditioned upon the faithful performance of the agreement and an additional amount within the same limitations securing labor and materials. Bonds shall also be approved by the City Attorney as to form. (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 -14- have completed same, or if the subdivider shall fail to reimburse the City for the cost of insoecticn, the City shall call on the surety for reimbursement, or shall appropriate from any cash deposits funds for reimbursement. (d) imorovement security may be released or reduced in whole or in part an to faithful performance upon certification by the City Engineer of tinal completion and acceptance of the work or portions thereof or upon accei.- tance of work as it progresses under rules established by the City Council and as to labor and materials, six months after completion and acceptance of the work if there are no actions filed, and in the event of actions, may be reduced after six months to an amount not less than the total claims on which the action has been filed. See. 11-3134. Exce-t (a) The Planning Board may recommend hat the City Council a.zhcrlze condi- tional exceptions to any of the r;a - u-irements and regulations set f orth in this ordinance unless said requirement or regulation would otherwise require a zoning variance or other zoning approval. Application For any such exception shall be made by a petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be submitted to the Planning Board with the Tentative Map or the Parcel Map. In order for the property referred to in the petition to come within the provisions of this sect it shall be necessary that the Planning Board find the following facts ith respect thereto: (1) That there are special circumstances 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 exception 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 exceptions, the Planning Board shall secure sub- stantially 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 authorization of any exception under the provisions 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 Tentative Map, or Parcel Map with the exceptions and conditions the City Council deems necessary to substantially secure the objectives of this ordinance. Sec. 11-3135. Permit Restrictions. (a) No permit or any other approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this Chapter or the Map Act shall be issued or granted, except as provided in subsection (b), if the Planning Board finds that development of the real property is contrary to the public health or safety. (b) The official responsible for issuing the permit or granting the approval (subsection (a) ) may issue the permit or grant the approval where no possible health or safety problem is involved. In all other cases said official shall forward the matter to the Planning Director who shall set a hearing before the Planning Board. (c) The Planning Board may attach such conditions to permits or approvals for the development of the real property as would have been applicable to the division of the property at the time the current owner of record acquired the property. (d) A certificate of compliance shall be filed where permits or approvals have been granted pursuant hereto. (e) The provisions of this section shall not alter any other rea ' uirements imposed by law and proceedings hereunder may be combined with other proceedings required for the development of the property. Sec. 11-3136. Appeal. (a) Appeal may be made to the City Council from any decision, determination 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 subdivider deems himself aggrieved. (b) The City Clerk shall report the filing of such notice to the Planning Board and the City Engineer. A written report shall be submitted to the City Council by the agency or person whose decision, determination, or recuirement is being appealed. (c) The City Council at its next regular meeting following the filing of such an appeal, or within fifteen (15) 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 Council and the subdivider. Following the hearing, within seven days, the City Council shall declare its findings and affirm or modify the decision, determination or require- ment appealed from and enter any such order or orders as are in harmony with the spirit and purpose of this ordinance and the law regarding subdivisions. Sec. 11-3137. Notice of Violation and Certificate of Compliance. (a) Whenever the City Engineer or Building Official has knowledge that real property has been divided in violation of the provisions of this Chapter or the Map Act, said official shall file with the County Recorder the notice prescribed by the Man Act. (b) Upon request of the owner of real property for a determination of compliance with the provisions of this Chapter and the Map Act, the City Engineer shall make such determination and file such certificates of compliance as are required by the Map Act. Where the Map Act authorizes conditional approval of certificates of compliance, the matter shall be referred to the Planning Board pursuant to'Section 11-3135. Sec. 11-3138. Validity. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Alameda, State of California, hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses or phrases be declared invalid or unconstitutional. -16- Sec. 11 -3139 Penalties Any person, firm, corporation, partnership, or copartnership who wilfully violates any of the provisions or fails to comoiv with any of the mandatory requirements 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 imprisonment 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 eeemed to bar any legal equitable cr summary remedy to which the City of Alameda or other Political subdivision, or any person, firm, corporation, partnership, or copartner- ship may otherwise be entitled, and the City of Alameda or any other political subdivision or person, firm, corporation, partnership, or copartnership may file a suit in the superior court of the County of Alameda to restrain or enjoin any attempted 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. C.J. Corica Presiding Officer of the Council Attest: E thel M. Pitt _ity 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 3rd day of September, 1974, by the following vote, to wit: AYES: Councilmen Beckam, Hurwitz, McCall and Vice President Corica, (4). NOES: None. ABSENT: President La Croix, Jr., (1). IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 4th day of September, 1974. ETHEL M. PITT (SEAL) City Clerk of the City of Alameda -17-