Ordinance 1850CITY OF ALAMEDA ORDINANCE NO. 1850
NEW SERIES
AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEALING,
AMENDING AND ADDING CER'T'AIN SECTIONS TO ARTICLE 1,
CHAPTER 3, TITLE XI 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:
Section 1 . The Alameda Municipal Code is hereby amended
by amending Article 1, Chapter 3, Title XI thereof as follows:
1. By repealing Subsection (c) of Section 11 -315.
2. By amending Section 11 -319.1 to read:
Sec. 11- 319.1 Parcel Maps The map of the division
of land into four (4) or less parcels shall show the informa-
tion required by the Map Act and the City Engineer. In the
event street construction, improvement or widening, dedica-
tion, or reservations 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 of any street, or the
improvement or widening thereof, as required by the City
Council, 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 con-
formance with Section 11 -3133 of this Code, together with
the filing of the bond required in said section. In either
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case, the City Council may set time limitations within
which the street construction, improvements, dedications or
reservations for public use must be accomplished_
3. By amending Section 11 -319.2 to read:
Sec. 11- 319.2 Lot Ad Map.
(a) A lot adjustment between two or more adjacent
parcels, where land taken from one parcel is added to an
adjacent parcel, and where a greater nmber of parcels than
originally existed is not thereby created, may be approved
by resolution of the Advisory Agency.
(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 Lot
Adjustment Map meet with the approval of both the
City Engineer and the Planning Director of the City
of Alameda.
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(b) The Lot Adjustment 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 pre-
pared 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 original drawings or reproducible copies of
deed record drawings will be kept in the City Engineer's
files.
(e) The deed describing the transfer shall be re-
corded with the County Recorder.
(f) A fee of Twenty -five Dollars ($25.00) shall be
paid at the time of presentation of a Lot Adjustment Map.
4. By amending subsection (e) of Section 11 --315 to read:
(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 withir
an apartment building, industrial building, or commercial
building, nor shall this Chapter apply to mineral, oil, or
gas leases or leases of land for agricultural purposes.
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.
5. By amending Section 11 -3110 to read:
Sec. 11 -3110 Filing of Tentative Map or Parcel Ma
with Planning Board.
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(a) Four (4) copies of a Proposed Tentative Map or
Parcel Map of the proposed division of any land, together
with the additional data required, shall be submitted to the
Secretary of the Planning Board.
(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
the Proposed Tentative Map or Parcel Map is submitted.
(c) Upon submittal of a Proposed gentatiye Map or
Parcel Map, the Secretary of the Planning Board shall trans-
mit three (3) copies to the City Engineer who shall., within
five (5) working days, examine it to determine if it is
suitable for review. A map shall be determined suitable for
review when it appears to contain all required information
in the required form. If the City Engineer finds that the
map is not suitable for review, the City Engineer 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
the Planning Director's findings of deficiency. If addi-
tions to the map are required the subdivider shall resubmit
the map. if the City Engineer and the Planning Director
find that the map is suitable for review the Planning
Director shall issue to the subdivider a Memorandum that
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Proposed Tentative Map or Parcel Map is Suitable for
Review (MSFR).
(d) After the MSPR is issued the subdivider may
submit, to the Secretary of the Planning Board, forty
(40) copies of the Proposed Tentative Map or thirty --
four (34) copies of the Proposed Parcel Map of the
proposed division of land together wit1f a duplicate
tracing of such map. The City Engineer shall determine
whether the map conforms to all local and state regula-
tions. If no corrections, additions or changes are
initiated by the subdivider within fourteen (14) working
days of either the submittal of the map or the latest
correction, addition, or change thereto initiated by
the subdivider, the City Engineer shall issue to the
subdivider a Memorandum that Proposed Tentative Map or
Parcel Map is suitable for Piling (MSFP).
(e) After the MSFF is issued the subdivider shall file
with the Secretary of the Planning .Board the Tentative or
Parcel Map, together with the copies enumerated in subsection
(d), at least seventeen (17) working days prior to the
Planning Board meeting at which consideration of the map is
desired. Upon filing of a Tentative Map or Parcel Map, the
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Secretary of the Planning Board shall transmit copies to
other departments and agencies concerned. Each department
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 (5) working days,
submit a written report thereon to the Planning Director who
shall submit, seven (7) working days prior to the date of
the meeting at which consideration of the map is requested,
a written report to the Planning Board, including the comments
and recommendations of all departments and agencies concerned.
(f) No maps may be filed until necessary zoning
approvals have been secured and an environmental impact
report, if required, has been certified for the project
covered by the application_
(g) Tentative or Parcel Maps which the Planning Board
authorizes for review by the staff and the Board as part of
preliminary plans, pursuant to Section 11- 317(d) of this
Chapter, meet the procedural requirements of subsections (a)
through (e) of this Section if the City Engineer and City
Planning Director issue to the subdivider a Memorandum that
the Tentative Map or Parcel Map is Suitable for Filing
Pursuant to Section 11- 317(c) of the Subdivision ordinance.
Said memorandum shall be issued only if all reviews and
reports required pursuant to Subsections (a) through (f) of
this Section have been completed. If said memorandum is
issued the Tentative or Parcel Map shall be filet' at least
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eight (S) working days prior to the date of the Planning
Board meeting at which consideration of the map is desired.
In the event that the subdivider is permitted to submit a map
pursuant to Section 11- 317(c) of this Chapter, the subdivider
shall pay, in addition to the fees required by Subsection (b)
of this Section, the costs of all staff time required to
review changes required on the map or supporting documents as
a result of changes made by the subdivider or the Planning
Board in either the PD or other zoning "application or zoning
approval required, pursuant to Section 11- 317(a) and (b) and
Subsection (f) of this Section, before maps can be filed
under this Section. Said costs for engineering staff shall
include all reasonable office and engineering costs expended
by the City Engineer's office, including overhead. Said
costs for planning staff shall be calculated at the rate of
Seventeen Dollars and Fifty Cents ($17.50) an hour.
6. By amending Subsection (11) of Section 11 -3123 to read:
(11) Traffic signals, traffic control, regulatory,
warning and guide devices.
7. By adding Subsections (d) and (e) to Section 11 -3131 to read:
(d) Disapproval for failure to meet or perform the
requirements or conditions of this Chapter applicable to the
subdivision at the time of the approval of the tentative
map shall be accompanied by a finding identifying the re-
quirements or conditions which have not been met or performed.
(e) A final map for a subdivision created from the
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conversion of residential property to condominiums shall not
be approved unless the City Council finds that each tenant
has been given 120 days' notice as required by Section
11- 14D6(a) of this Title and has also been notified of the
right to acquire the unit as required by Section 11- 14D6(b)
of this Title.
8. By adding Section 11- 3134.1 to read:
Sec. 11- 3134.1 Waiver of Technical Error A map
which fails to satisfy the provisions crf this Chapter as
the result of technical and inadvertent error may be
approved if the Advisory Agency or City Council determines
that the error does not materially affect the conformity of
the map to this Chapter.
9. By amending subsection (b) of Section 11 --317 to read:
(b) An approved planned development shall constitute
the preliminary plan where such approval is required.
LL- Section 2 . This ordinance shall be in full force and
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effect from and after the expiration of thirty (30) days from the
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ca yy.. date of its final passage.
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Attest: Presi4afig Officer of the Council
City Clerk
I, the undersigned, tereby 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 18th day of January, 1977, by
the following vote, to wit:
AYES: Councilmen Beckam, Diament, Hurwitz, Sherratt and
President Corica, (5).
NOES: None.
ABSENT: None,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of said City this 19th day of January, 1977.
P,
City Clerk of the City of Alameda