Ordinance 2051CITY OF ALAMEDA ORDINANCE NO. 2051
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING AND
ADDING CERTAIN SUBSECTIONS OF 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 following subsections of the Alameda
Municipal Code, Sec. 11 -314.5 (a), Sec. 11 -3112 (a), (b) and (j),
Sec. 11 -3124 (a) and Sec. 11 -3131 (b) and (c), are hereby amended
to read as follows:
Sec. 11- 314.5 Contiguous Lots
(a) "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
,u dividis,d,ior the purpose of sale or lease, whether
immeoiate or future, by any subdivider into two or more
parcels; provided that this chs +ter shall not apply to
the leasing of apartments, offices, stores, or similar
.,apace.wittin an; apartment building, industrial building,
or commercial building, nor shall this Chapter apply to
mineral, oil, or gas leases or leases of land for agricul-
tural purposes, or the financing or leasing of commercial
or industrial buildings on a single lot. Nothing in this
definition shall be construed as authorizing divisions of
land made prior to the date of this ordinance not in
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conformance with the prior ordinance and applicable
state laws.
Sec. 11 -3112 Action on Tentative Map or Parcel Map
(a) The Planning Board shall, within thirty (30)
days from the date of filing, determine and file its
report with the City Council 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 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 consistent with applicable
general plans and specific plans.
(2) That the design or improvement of the proposed
subdivision is not consistent with applicable
general plans and specific plans.
(3) That the site is not physically suitable for the
type of development.
(4) That the site is not physically suitable for the
proposed density of development.
(5) That the design of the subdivision or proposed
improvement is likely to cause substantial environ-
mental damage or substantially and avoidably injure
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fish or wildlife or their habitat.
(6) That the design of the subdivision 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 subdivision 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 Map to the City Council, which
shall set a date to hear the report at the next regular
meeting of the Council following the filing of the Board's
report. Said hearing shall be held within thirty (30)
days thereafter.
(j) At least one public hearing shall be held on
the map noticed pursuant to Section 11 -174 (a) and (h) of
the Alameda Municipal Code.
Sec. 11 -3124 Final Mao
(a) Within eighteen (18) months after approval, or
conditional approval of the Tentative Map by the City
Council, the subdivider may cause the subdivision, or any
part thereof, to be surveyed and a Final Map to be pre-
pared 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
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subdivider within eighteen (18) months after action on
the Tentative Map. Extensions of time thereafter 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.
Sec. 11 -3131 Action on Final Map
(b) Approval by City Council. At the meeting at
which it receives the map or, at its next regular meeting
thereafter, the City Council shall consider the map and
any offers of dedication. If the Council shall determine
that the map is in conformity 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 sub-
divider 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 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 Phrase, "receives the map," as used in sub-
section (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.
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Section 2 . Section 11 -315.5 and subsections 11 -3112 (k)
and 11 -3131 (f) are hereby added to the Alameda Municipal Code
to read as follows:
Sec. 11- 315.5 Time Extensions and Temporary Staff
(a) The time limits specified in this Chapter for
reporting and acting on maps may be extended by mutual
consent of the City and applicant.
(b) At the time an application is filed hereunder
the City shall determine whether or not it is able to
meet the time limits specified herein for reporting and
acting on maps. If the City determines it cannot meet
those time limits, it shall, upon request of and at the
applicant's expense, engage temporary help to process
the map if qualified persons are available who can
process the map faster than existing staff.
Sec. 11 -3112 Action on Tentative Map or Parcel Map
(k) The subdivider shall provide all notices re-
quired by the Subdivision Map Act for condominium projects
and similar projects. (Government Code Sections 66427.1,
66451.3, 66452.3 and 66452.8.)
Sec. 11 -3131 Action on Pinal Map
(f) Condominium projects and similar projects shall
be approved only upon the findings required by Section
66427.1 of the California Government code.
Section 3 . This ordinance shall be in full force and
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effect from and after the expiration of thirty (30) days from
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the date of its final passage.
Attest:
1 \e!
Z
Presidipg' Officer of the Counci
City Clerk
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I, the undersigned, horeby certify that the foregoing Ordinance
was duly and regularly adopted and passed by the council of the
City of Alameda in regular nweting assew1bled on the 2nd of June, 1981,
by the following vote to wit:
AYES: Councilmen Diament, Gorman, Sherratt, Stone, and Presidc:nt Corica - G.
NOES: None.
ABSENT: None.
IN WITNFSS WNEP,EOF, I have hereunto set my hand and affixed the
official seal of said City this 3rd day of June, 1981.
O/_ � _.... ...... _
Ctty C erk of the City of ameda