Ordinance 1783ORDINANCE 1783
AMENDING THE ALAMEDA
MUNICIPAL CODE BY AMENDING
AND ADDING CERTAIN SECTIONS
TO ARTICLE 1, CHAPTER 3, TITLE
X1 THEREOF, RELATING TO 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 that:
Secilion 1. Article 1, Chapter 3, Title
XI of the Alameda Municipal Code is
hereby amended by amending Sections
11-311 (c), 11-312, 11-315, 11-317, 11-319
and its subsections (d) and (g), 11-319.- 1
11-3110 (b), (c) and (d), 11-3111 (a),
11-3112, 11-3113 (d), 11-3121.5 (a),
11-3123, 11-3124 (a), 11-3125,11-3127 (b)
and (c), 11-3128 (b), (d) and (f), 11-3130,
11-3130.1,11-3131, (b) and (d) and
11-3136 (a) and (c) thereof to read as
follows: ,,A
Sec. 11-311. (c) To serve as a
means of inniolementinq the Official
Alameda General Plan, and ac-
complishing the portions of the
General Plan which apply to the
Properties proposed for division or
subdivision under the regulations of
this chapter.
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 sub-
divisions, as provided in the Sub-
division Map Act of the State of
California, and is hereby charged
with the duty of making investiga-
tions and reports on the design and
improvement of proposed divisions
of land requiring the recordation of
a subdivision Final Map or Parcel
Map and with the approval of
Property Division Maps.
Sec. 11-315. Words and Phrases
used in this chapter, unless other-
wise defined, shall have the some
meanings as they do in Chapter 1 of
Division 2 of Title VII of the Sub-
division Map Act which is part of the
Government Code of the State of
California, the Condominium Act,
Title 6, Chapter 1, of the Civil Code of
the State of California and the Zon-
ing Ordinance of the City of
Alameda.
(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 corporallon having
sufficient proprietary interest in the
land sought to be divided or sub-
divided to commence and maintain
Proceedings to do so under the
provisions of this chapter.
(c) ''Property Division Map"
shall mean a map filed in lieu of a
Parcel Map according to the
Provisions of this chapter.
(d) "Latest equalized county as-
sessment roll" for the purposes of
this chapter 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
, hunter and applicable state laws.
(a) "Division of land" refers to the
division of any real property or con-
dominum project, improved or
unimproved, Or portion thereof
shown on the infest equalized county
assessment roll as a lot or con-
tiguous lots, which is divided for the
Purpose Of Sale, lease or financing,
whether immediate or future, by any
subdivider into two or more parcels;
Provided that this chapter shall not
apply to the leasing or financing of
apartments, offices, stores, or
similar space within an apartment
building, industrial building or com
mercial building, nor shall this
chapter 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 confor-
mance with the prior ordinance and
applicable state laws,
(f) ''Unit" shall mean those
elements of a condominium, or
other development where ownership
is divided into individual and com-
mon areas, which are not owned in
common with other owners in the
Project.
Sec. 11-317, Preliminary Plan.
(a)' Prior to the filing of a Tenta-
tive Map, or Parcel Map, the sub-
divider shall submit to the Planning
Board, a Preliminary plan showing
the following information:
(1) 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 in-
dustrial Purposes, and the rela-
tionship of the foregoing to exist-
ing adjoining developments, zon-
ing and the Genera! Plan.
(2) Topographic and water fea-
tures, Proposals for home-owner
organizations and covenants of
restrictions, Proposed home size
and cost ranges, proposed varia-
tions in set backs, plans and
elevations, and orientations of
residential structures,
(3) Proposals for treatment of
utility installations and special
features such as reservations for
hospitals and churches.
(4) Proposals for the size and
shape, dimension and functions of
water areas,
(b) The Planned development
shall constitute the Preliminary plan
where such approval is required.
(c) Maps which cannot be filed for
any reason hereunder may, at the
discretion of the Planning Board, be
reviewed as preliminary Plans in
conjunction with zoning approvals
applicable thereto.
Sec. 11-319. Tentative Maps. The
tentative map of a subdivision shall
be 22" x 30" in size and drawn to a
scale of I equals not more than 50
feet and shall be prepared by a
licensed land surveyor or a regis-
tered civil engineer and shall con-
tain the following information:
(d) Names and addresses of
present owners of record and
recording data.
(g) Elevations and-or contours
sufficient to determine the general
slope of the land and the high and
low Points thereof,
Sec. 11-319.1. Parcel Maps, The
map of the divison of land into four
(4) or less parcels shall show the in-
formation required by the Map Act
and the City Engineer. In the event
street construction, improvement or
widening, dedication, or reserva-
tions for Public Purposes are
required, the City Council may give
conditional approval to a Parcel
Map Presented under this section,
said approval being conditioned by
and contingent upon the construction
at any street, or the improveiment or
widening thereof, as required by the
City Council, and the requisite of-
fering for dedication or reservation
or the same for public Purpo 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, together
with the filing of the bond required in
said section, in either case, the City
Council may set time limitations
within which the street construction,
improvements, dedications or
reservations far public use must be
accomplished; provided, further,
that any division of land made pur-
suant to Section 11-319,2 may not
require the submission of Such Par-
cel Map, In lieu thereof a Property
Division Map, in accordance with
Section 11-319.2, shall be submitted.
Where dedications or offers of
dedications are required, they may
be made either by certificate on the
Parcel Mat) or executed by separate
instrument recorded concurrently
with or Prior to the recordn the
Parcel Map.
Sec. 11-3110.
(b) A fee of Twenty -five Dollars
($25.00) Per lot or unit for each lot or
surface unit shall be paid at the time
of Presentation of a Tentative Map
or Parcel Map,
(c) Upon Presentation of a Tenta-
tive Map or Parcel Map, the Secre-
tary of the Planning Board shall
transmit three copies to the City En-
gineer who shall, within five
working days, examine it to deter-
mine if it is suitable for filing. 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. If corrections
ark r squired the subdivider shall
resubmit the map for review. If the
Cit Engineer and the Planning
_ find that the map substan-
tially compiles with all local and
state regulations, the Planning
Director shop, 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 eigh-
teen (18) copies of the Parcel Map of
the Proposed division of land, plus a
duplicate tracing of such map, at
least twenty-one (21) working days
Prior to the Planning Board meeting
at which consideration of the map is
desired, L.- - I,--- I
(d) Upon filing of a Tentative Map
or Parcel Map, the Secretary of the
Planning Board shall transmit all
copies but one to other departments
and agencies concerned. Each
department or agency receiving a
copy shall examine the map to as-
certain if the proposed division of
land conforms to its standards and
requirements, and shall, within five
working days, submit a written
report thereon to the City Planning
Director. Within twenty-one (21)
working days from the date of
receipt of the map from the Spere-
tar of the Planning Board, a writ-
f — en v rePort shall be submitted to the
Planning Board, including the com-
ments and recommendations of all
departments and agencies con-
cerned.
Sec. 11-3111,
(a) The Planning Board shall
consider Tentative Maps or Parcel
Maps of proposed divisions of land
as to their excellence of design and
improvement, suitability of existing
and Proposed land use relationships,
conformity with'zoning and other
standards and regulations, and con-
formity with the various elements of
the-General Plan.
Sec. 11-3112. Action on Tentative
Map or Parcel Map,
(a) The Planning Board shall,
within fifty (50) days from the date of
filing, determine whether the Tenta-
tive Map or Parcel Map meets Proper
standards for design and
improvement and meets engineering
and other standards of the City,
Presents an acceptable comprehen-
sive Plan, and conforms to the
elements of the General Plan, and
upon Such determination, shall
recommend approval, conditional
approval, or disapproval of the map.
The Board shall not recommend the
approval of a Tentative Map if it
makes any of the following findings:
(1) That the Proposal is not con-
sistent with applicable general
Plans and specific plans,
(2) That the design or
improvement of the proposed sub-
division is not consistent with
applicable general Plans and
specific Plans.
(3) Thatthe site is not physical IV
suitable for the type of develop-
ment,
(4) That the site is not physical ly
suitable for the proposed density
of development.
(5) That the design of the sub-
division or Proposed
improvement is likely to cause
substantial environmental
damage or substantially and
avoidably injure fish or wildlife or
fheirhabitat,
(6) That the design of the sub-
division or improvement will
conflict with easements acquired
by the Public at large for access
through or use of property within
the Proposed subdivision.
(7) That the design of the sub-
division or the type of
improvements is likely to cause
serious public health problems,
(b) The Planning Board shall
transmit a report of its action on a
Tentative Man to the City Council,
which shall set a date to hear the
report at a meeting of the Council at
which the report may duty appear
upon the Council's regular Agenda
for such meeting. Said hearing shall
be held within thirty (30) days
thereafter.
(C) The Planning Board shall
transmit a report of Its action on a
Parcel Map to the City Council which
shall act upon request of the sub-
divider within a reasonable time
after Planning Board action.
Approval of a Parcel Map shall ex-
pire unless said map is recorded
within six (6) months of final
approval.
(d) The Council may overrule or
modify any ruling of the Planning
Board in regard to the Tentative Map
or Parcel Map and make such find-
ings as are not inconsistent with the
Provisions of the Subdivision Map
Actor 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,
(f) The City Council she] I finalthato
Tentative Map or Parcel Map is con-
sistent with the General Plan.
(g) No Tentative Map shall be
approved if either the Planning
Board or City Council makesfindings
Pursuant to subsection (a) of this
section.
(h) The City Council shall deter-
mine whether the discharge of waste
from the subdivision into the sewer
system would violate regional water
quality control regulations. In the
event that the Council finds that
Proposed discharge would result in
such violation, it may disapprove the
map.
( I ' I Staff reports or recommenda-
tions of Tentative Maps shall be
served on the subdivider at least
three (3) days Prior to a hearing
thereon.
Sec. 11-3113.
(d) Extensions,Cu I- De-Sacs. Where
necessdryTo access to, or - Per-
mit a satisfactory future subdivision
of adjoining land, streets shall extend
to the boundary of the land being
divided andthe resulting dead-end or
cul-de-sac streets may be approved
without a turn-around. In all cases,
unless specifically excepted, 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 i n length.
Sec. 11-3121.5.
(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 or-
dinary high -water mark on any bay
shoreline within the subdivision
unless the City Council finds that
reasonable publicaccess isotherwise
available within a reasondble
tance. Such afindingshall besetforth
on the face ofthe Tentative and Final
Maps. " Reasonable" shal be deter-
mined according to the standards set
out by Section 66478.11 of the Mar)
Act.
Sec. 11-3123. Improvements.
(a) The subdivider shall install at
his own expense, or cause to be ins-
talled, and dedicate if applicable, the
following improvements within the
Proposed division of land in accor-
dance with the recommendation of
the Planning Board or the Standard
Subdivision Improvement Specifica-
tions of the City ofAlameda:
(I ) 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) Sonitqr�V 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, re-
taining walls or other methods of
land retention.
(11) Traffic control, regulatory
warning and guide devices.
(12) Where the application can-
tams 2011or more oarcelt units,
such bicycle Pairs as the P lanning
Boards finds necessary.
(b) The Planning Board may
recommend additional
improvements which it deems
necessary, or may recommend dele-
tion of any of the above set out items,
which are obviously not applicable,
in any particular division of land.
(c) The City Council may require
such off-site improvements as are
necessary for local needs.
Sec. 11-3124.
(a) Within twelve (12) months after
approval, or conditional approval of
the Tentative Map by the City Coun-
cil, the subdivider may cause the
subdivision, or any partthereof,to be
surveyed and a Final Map to be
prepared in accordance with the
Tentative Map as approved.
Original tracings and twelve (1 2)
prints of the Final Map shal be filed
with the City Engineer. An extension
oftime for filing ofthe Final Map may
be granted by the City Council
providing written application is
made bvthe subdividerwithin twelve
(12) months after action on the Ten-
tative Map. Extensions of time
hereunder shol I 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*
Sec. 11-3125. Reversion to Acreage.
(a) Reversions shall be processed
pursuant to Article 1, Chapter 6 of
the Map Act.
(b) 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."
Sec.11-
(b) The map shall show the loca-
tion and description of all
monuments found in making the sur-
vey for the Subdivision Map or Par-
cel Map, and shall include bearings
and distances of straight lines and
radii and arc length for all curves,
and such information as may be
necessary to determine the location
of the centers of curves and ties to
existing monuments usedto establish
the subdivision boundaries.
(c) Monuments shall be installed at
street intersections, between street
intersection, where necessary to
preserve the street al ignment and the
angle points along the exterior boun-
daries where necessary.
` (b) The boundary of the tract sha I I
be designated by a distinctive symbol
as specified by the Subdivision Map
Act and as required by the Alameda
County Recorder's Office.
(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 clearly
(f) The map of a condominium
shall show surface units.
Sec. 11-3130. Final Map Cer-
tificates. The following certlfcates
and acknowledgments and all others
now or hereafter required by law
shall appear on the Final Map:
(a) Owner's Certificate. A cer-
tificate signed and acknowledged by
all parties having any record title
interest in the land subdivided can-
sentinu to the Preparation and recor-
dation of said map unless exempted
by the Map Act. This certificate shall
include any offers of dedication of
land shown on the FinalMap and in-
tended for Public Purposes, This cer-
tificate may also include required
easements intended for private pur-
(b) Engineer's (Surveyor's) Cer-
tificate. A certificate by the Engineer
or Licensed Surveyor responsiblefor
the survey and Final Mar). The signa-
ture of such Engineer or Surveyor,
be attested. The certificate shall give
the date of the survey and state that
the survey and final map were made
by him or under his direction andthat
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 asagreed
upon, and that said monuments are or
to be retraced,
(c) 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 chapter, and is
technically correct.
(d) City Clerk's Certificate. A cer-
tificate for execution by the City
Clerk stating that the City Counci I
approved the Final Map and accept-
ed or rejected the offers of dedica-
(e) All other affidavits, cer-
tificates, acknowledgments, endor-
sements, and notarial seals us are
required by law andthis chapter,___
Sec. 11-3130.1. Parcel Map Cer-
tificates. The following certificates
and acknowledgments and oil others
now or hereafter required by law
shall appear on the Parcel Map.� .
(a) Owner Certificate. A cer-
tificate signed and acknowledged
by all Parties having any record
title interest in the land subdivided
consenting to the Preparation and
recordation of said map. This cer-
tificate may include any offers of
dedication of land intended for
Public �urposes. This certificate
may also include Provisions for
required easements intended for
!b) Surveyor's (Engineer's) Cer-
�
... Engineer or Licensed Surveyor
responsible for the survey and Par7
cel Map. The certificate shall be 1p
the form specified by the Map Act,
Section 66449 (a).
(c) City Engineer's Certificate. A
certificate by the City Engineer as
specified by the Map Act, Section
(d) Recorder's Certificate. A cer-
tificate by the County Recorder as
specified by the Map Act, Section
(e) All other affidavits, cer-
tificates, acknowledgments, endor-
sements and notarial seals as are
required by low and this chapter.
Sec. 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 examinethernto
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
chapter and of any ordinance
app
the Tentative Map have been
compiled with, and that he is satis-
fied that the map is technically
correct, If the map is found to be
technically correct and in confor-
mance with regulations and with the
approved Tentative 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 con-
sider the map and any offers of
dedication. If the,C_opncif shall de- .
terminethat the map is inconformity
with the approved Tentative Map,
the requirements of this chapter and
the General Plan and has not made
findings Pursuant to Section 66474 of
the Map Act, 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 agreement and
bond may be approved by the Coun-
cil as to form and as to sufficiency.
No map shall have any force or ef-
fect unti I 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
County Recorder.
(c) The phrase, "first regular
meetino," as used in subsection (b)
hereof, shall mean the first suc-
ceeding 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
Sec. 11-3133.
(b) A divi
(b) The subdivider shall also file
exempt from the provisions of this
with said agreement such good and
chler where each lot created by
sufficient improvement security as
the ivision has bocn recorded as a
the City Council deems sufficient in
plat or subdivision and abuts
the form of cash deposits, bonds of
adequate street and sidewaik
duly authorized corporate securities
improvements and either�
or acceptable instruments ofcredit.
Said improvement security shall be
o zoning
not less than fifty per cent (50%) nor
or
more mono
o dwelling *
(100%) of the total estimated cost of
business structure,
the improvement, conditioned upon
the faithful Performance of the
Sec. 11-319.2.
agreement, an additional amount
(g) The Planning Board may
within the same limitations securing
approve a Property Division Map if
labor and materials, and an amount
it finds that the map complies wi
necessary to guarantee and
the provisions of the Map Act ard
warrantV the work for a Period of
this chapter,
one (1) year following the comple-
Sec 11-3110,
tion and acceptance thereof against
M No rnaps may be filed until
defective work, labor or materials.
necessary zoning approvals have
Bonds shall also be approved by the
been secured and an environmental
City Attorney as to form.
impact report, it required, has been
(d) Improvement security may be
certif for the Protect covered by
released or reduced in whole or in
Tne ci�plication,
part as to faithful performance upon
Sec. 11-3123.5, Dedication for
certification by the City Engineer of
Transit Facilities.
fin q I completion and acceptance of
(a) The CRY Council may require
the work or portions thereof or upon
dedication or irrevocable offer of
acceptance of work as it progresses
dedication of land within the sub-
under rules established by the City
division for local transit faci
Cc uncil and as to labor and
such as boy turnouts, benches,
materials, six months after comple-
shelters and similar items which
tion and acceptance of the work if
directly benefit the residents of the
there are no actions filed, and in the
subdivision if either, the tentative
event of actions, may be reduced
map shows the potential for 200
after six months to an amount not
dwellinas or more it developed to
less than the total claims on which
the maximum density or the sub-
the actilen has been filed. The
division contains 100 acres, and the
guarantee and warrantV against
Council finds that transit services
defective work, labor or materials
are will within a reasonable time
furnished shall notexpiretorone (1)
pr
period be made available to such
year after completion and accep-
subdivision.
tance of the improvements.
(b) Stich irrevocable offers may
Sec. 11-3136,
be terminated as provided in the
(a) Any interested Person adver-
Map Act,
sely affected may appeal to the City
Sec. 11-3124,
Council from any decision, deter-
(c I Checkprmts of the Final Map
mination or requirement of the
shall be submitted and a pproved
Planning Board or City Engineer by
through the office of the City En-
filing a notice thereof in writing with
gineer prior to acceptance of the
the City Clerk within fifteen (15)
map for signature by the City En-
calendar days after such decision-
The notice shall set forth in detail
gineer.
the action and grounds upon which
Section 3. This ordinance shall be in
the appellant deems himself
full force and effect from and after the
aggrieved.
expiration of thirty (30) days from the
(c) The City Council within thirty
date of its final oassage
(30) days of the filing of such an do-
C.j. CORICA
peql, shall hold a public hearing on
Presiding officer
the appeal, and any such hearing
of the Council
may, for good cause, be continued
by consent of the City Council and
Attest:
ETHEL M. PITT
the subdivider. Following the hear-
ings, within seven (7) days, the City
City Clerk
Council shall declare its findings and
1, the undersigned, hereby ce
affirm or modify the decision, de-
that the foregoing Ordinance was duly
termination or requirement ap-
and regularl'y adopted and Passed by
pealed from and enter arty such
the Council of the City of Alameda in
order or orders as are in harmony
regular meeting assembled on the 20th
with the spirit and purpose of this
day of January, 1976, by the following
chapter and the low regarding sub-
divisions.
vote, to wit:
AYES: Councilmen Beckam,
Section 2. Arti cle
XI of the Alameda Municipal Code is
President Corica, (5).
hereby amended by adding Sections
NOES: None.
IN WITNESS WHEREOF, I have
11-3123,5 and 11-3124 (c) thereto to read
as follows:
hereunto set my hand and affixed the
official sea I of said City this 21st day of
Sec. 11-314.5. Contiguous Lots.
January, 1976,
(a) Contiguous lots held by a com-
(SEAL)
ETH EL M. P I TT
mon owner of record, irrespective of
lienholders or mortgage holders,
City Clerk of the
whether or not created by Plat Map
or subdivision map, shall be m`e`FgeU'
City of Alameda
Legal No, 499, Publish: Jan. 23, 1976.
as one lot for purposes of this
chapter and compliance with the
provisions of this chapter shall be
required before redivision thereof
unless exempted herein,