Ordinance 3369 CITY OF ALAMEDA ORDINANCE NO. 3369
New Series
AMENDING ALAMEDA MUNICIPAL CODE CHAPTER XXX
(DEVELOPMENT REGULATIONS) TO REVISE SECTION 30-73 ET SEQ.
(REAL ESTATE SUBDIVISION REGULATIONS) TO IMPLEMENT THE CITY
OF ALAMEDA GENERAL PLAN AND HOUSING ELEMENT AND MAKE
OTHER TECHNICAL AMENDMENTS, AS RECOMMENDED BY THE
PLANNING BOARD
WHEREAS, on November 30, 2021, the City Council certified the Final EIR for the City of
Alameda General Plan, which includes policies and action items to increase housing production
across income categories by removing governmental constraints; and
WHEREAS, on November 15, 2022, the City Council adopted the City of Alameda
Housing Element, which includes quantified objectives for housing production based on policies
and programs, including affirmatively furthering fair housing, zoning amendments, and process
improvements that will provide an ample supply of housing to meet the existing and projected
housing needs of the community; and
WHEREAS, the Housing Element specifically identified a need to amend the subdivision
regulations in the Alameda Municipal Code to remove barriers to the development and
improvement of housing; and
WHEREAS, the City Council's 2023-2026 Strategic Plan includes program HH8b, to
update the subdivision ordinance, in furtherance of housing all Alamedans and ending
homelessness; and
WHEREAS, the Planning Board held a duly noticed public hearing on October 9, 2023 to
consider a draft set of amendments and on January 22, 2024 to consider revised amendments
and made a recommendation to the City Council that it adopt the draft amendments; and
WHEREAS, this Ordinance was considered at a regular, duly noticed public hearing of the
City Council on March 19, 2024, and all interested parties were provided an ample opportunity to
participate in said hearing and express their views.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that:
Section 1. Findings. In enacting this ordinance, the City Council finds as follows:
1. The amendments maintain the integrity of the General Plan. The proposed
amendments are consistent with the City of Alameda's housing goals, policies and
programs, which identified the need to amend the subdivision ordinance to remove
governmental constraints on housing production.
2. The amendments will support the general welfare of the community. The proposed
amendments provide a streamlined process for approving subdivisions, which often
accompany new housing developments pursuant to a master development plan, area plan
and design review, and facilitate the proper sized lots for future development on Alameda
Point and other large landholdings and improve clarity in the regulations and maintain
consistency with other applicable laws and regulations.
3. The amendments are equitable. The proposed amendments are equitable in that they
will apply broadly to the entire community, provide streamlined approval, and clarify the
regulation, thereby potentially reducing costs and possibly enabling broader participation
in and benefits of investment.
4. The amendments are exempt from the California Environmental Quality Act(CEQA).
The proposed amendments are exempt from the requirements of CEQA pursuant to
CEQA Guidelines Section 15061(b)(3), which exempts an action where it can be seen
with certainty that the proposed project will not have a significant effect on the
environment. Amending the zoning code / subdivision regulations for the purpose of
greater clarity, internal consistency, and conformance to the adopted General Plan,
Housing Element, and state law will not result in any identifiable physical impacts.
Furthermore, the amendments were contemplated in the General Plan and Housing
Element, which were subject to independent CEQA review. None of the identified potential
impacts and adopted mitigation measures are applicable to this action.
Section 2. Section 30-73 et seq. of the Alameda Municipal Code (Real Estate Subdivision
Regulations) is hereby deleted in its entirety and the following is substituted in lieu thereof:
Article VI. Subdivision Regulations
30-73. Purpose and Intent.
30-74. Definitions.
30-75. General Provisions.
30-76. Tentative Maps.
30-77. Vesting Tentative Maps.
30-78. Final Maps.
30-79. Parcel Maps.
30-80. Waiver of Parcel Map.
30-81. Lot Line Adjustment.
30-82. Map Corrections and Amendments.
30-83. Ministerial Approvals.
30-84. Reversion to Acreage.
30-85. Subdivision Design Standards.
30-86. Improvements and Dedications.
30-87. Enforcement.
ARTICLE VI. SUBDIVISION REGULATIONS
30-73. PURPOSE AND INTENT.
30-73.1 Purpose and Intent.
This article shall be known as the Subdivision Ordinance of the City of Alameda. The
subdivision ordinance shall regulate and control the design and improvement of subdivisions of
land within the City and implement and supplement the provisions of the Subdivision Map Act of
the State of California set forth at Government Code Section 66410 et seq. concerning the design
and improvement of subdivisions, the form and content of all maps provided for by the Subdivision
Map Act, and the procedure to be followed in securing the approval of the City regarding the
maps.
The purpose and intent of this article is to:
a. Promote the public health, safety and general welfare;
b. Promote orderly growth and development within the City;
c. Coordinate lot design, street patterns, rights-of-way, traffic circulation, utilities and public
facilities with the general plan and any specific plans;
d. Assure that areas dedicated for public purposes will be properly improved initially so as
not to be a future burden upon the community;
e. Preserve natural resources and prevent environmental damage;
f. Maintain suitable standards to ensure adequate, safe building sites;
g. Prevent hazard to life and property.
30-73.2 Applicability.
These subdivision regulations apply to all parts of subdivisions lying wholly or partially
within the City of Alameda and to the preparation of maps required by the Subdivision Map Act.
30-74 DEFINITIONS.
Words and phrases used in this article, unless otherwise defined, shall have the same
meaning as they do in Chapter 1 of Division 2 of Title VII of the Subdivision 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 zoning regulations of the City of Alameda.
Advisory Agency means a designated official or an official body charged with the duty of
making investigations and reports on the design and improvement of proposed divisions of real
property, the imposing of requirements or conditions thereon, or having the authority under this
article to approve, conditionally approve or disapprove maps.
Certificate of Compliance means a certificate that is issued by the City stating that a specific
property complies with applicable provisions of the Subdivision Map Act and this Subdivision
Ordinance.
Common Interest Development means a common interest development as defined in Civil
Code Section 4100 (including a residential condominium, planned development, stock
cooperative, or community apartment project) or any other ownership type in which an undivided
interest in common in a portion of a parcel is held together with a separate interest in space. For
the purposes of this chapter, common interest developments include all condominiums,
community apartment projects and stock cooperatives.
Condominium means an estate in real property consisting of an undivided interest in
common in a portion of a parcel of real property together with a separate interest in space in a
residential, industrial, or commercial building on the real property.
Condominium Conversion means the conversion of any existing building into a common
interest development as defined in Civil Code Section 4100 (including a residential condominium,
planned development, stock cooperative, or community apartment project) or into any other
ownership type in which an undivided interest in common in a portion of a parcel is held together
with a separate interest in space. Condominium conversions shall conform to the requirements of
Section 30-8.
Day means calendar day unless specifically enumerated differently.
Final Map means a map showing a subdivision prepared in accordance with the provisions
of this article and the Subdivision Map Act and designed to be recorded in the office of the
Alameda County Recorder.
Improvement means any streets, storm drainage facilities, utilities, and landscaping to be
installed, or agreed to be installed, by the subdivider on the land to be used for public or private
streets, highways, ways, and easements, as are necessary for the general use of or to serve the
lot owners in the subdivision, and local neighborhood traffic and drainage needs as a condition
precedent to the approval and acceptance of the final map or parcel map thereof. "Improvement"
also includes any other specific improvements or type of improvements, including but not limited
to infrastructure and all related appurtenances, bridges, utilities, pedestrian ways, bikeways,
equestrian trails, landscaping and irrigation, and related facilities, the installation of which, either
by or by a combination thereof, the subdivider, public agencies, private utilities, or any other entity
approved by the City, is necessary to ensure consistency with, or implementation of, the general
plan, zoning or any applicable specific plan.
Improvement Agreement means an agreement entered into by the City and the subdivider
to ensure and provide security for the construction of required subdivision improvements or other
improvements required by conditions of approval when those improvements have not been
completed prior to approval of a final map or parcel map.
Owner means the party or parties 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 article.
Parcel Map means a map showing a subdivision of four or fewer parcels, prepared in
accordance with the provisions of this article and the Subdivision Map Act and designed to be
recorded in the office of the Alameda County Recorder. A parcel map also means a map showing
a subdivision of five (5) or more parcels under the tentative and final map exceptions in Sections
66426 (a) through (e) of the Subdivision Map Act and as otherwise provided by this ordinance
and the Subdivision Map Act.
Reversion to Acreage means the voiding of a previous subdivision in order to revert the
platted lots contained therein back to the original parcel or parcels which existed prior to the
subdivision.
Subdivider means a party or parties who proposes to divide, divides or causes to be divided
real property into a subdivision for him or herself or for others.
Subdivision means the division, by any subdivider, of any unit or units of improved or
unimproved land, or any portion thereof, as shown on the latest equalized county assessment roll
as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or
future, and as further defined in Section 66424 of the Subdivision Map Act. Property shall be
considered as contiguous units even if it is separated by roads, streets, utility easements, or
railroad rights-of-way. "Subdivision" includes a condominium project, as defined herein or in
Section 4125 or 6542 of the Civil Code; a community apartment project, as defined in Section
4105 of the Civil Code; or the conversion of five (5) or more existing dwelling units to a stock
cooperative, as defined in Section 4190 or 6566 of the Civil Code. Subdivision includes any
division of land by gift, inheritance, or court-ordered partitioning.
Tentative Map means a map showing a subdivision of five (5) or more lots or units, prepared
in accordance with the provisions of this article and the Subdivision Map Act and for the purpose
of showing the design and improvement of a proposed subdivision and the existing conditions in
and around it.
Tentative Parcel Map means a map showing a subdivision of four (4) or fewer lots or units,
prepared in accordance with the provisions of this article and the Subdivision Map Act and for the
purpose of showing the design and improvement of a proposed subdivision and the existing
conditions in and around it.
Unit means those elements of a condominium or other development, where ownership is
divided into individual areas and common areas, which are not owned in common with other
owners in the project.
Vesting Tentative Map means a tentative map for a residential subdivision that shall have
printed conspicuously on its face the words "VESTING TENTATIVE MAP" at the time it is filed in
accordance with Section 30-77 and is thereafter processed in accordance with the provisions of
this article. Furthermore, vesting tentative map refers to a map which meets the requirements of
subdivision (b) of Section 66424.5 and Section 66452 of the Subdivision Map Act. When the City
approves or conditionally approves a vesting tentative map, that approval shall confer a vested
right to proceed with development in substantial compliance with the ordinances, policies and
standards in effect on the date the City has determined that the application for approval of the
vesting tentative map is deemed complete pursuant to Section 65943 of the Government Code,
subject to the exception in Section 66474.2(b) of the Subdivision Map Act.
30-75 GENERAL PROVISIONS.
30-75.1 Compliance Required.
a. 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, unless and until all of the requirements
hereinafter provided have been complied with.
b. No land shall be subdivided for any purpose that is inconsistent with the City's general
plan or any applicable specific plan of the City or that is not permitted by the zoning
regulations of this Chapter or other applicable provisions of the Alameda Municipal Code.
It is the intent of this article to comply in every regard to the Subdivision Map Act. If any
provision of this title is in conflict with the Subdivision Map Act, the provisions in the
Subdivision Map Act shall prevail.
c. This article shall not apply to actions exempted by Section 66412 of the Subdivision Map
Act and any other actions specifically exempted by the Subdivision Map Act, except that
the procedures for the application, review and approval of lot line adjustments shall be
as outlined in Section 30-81.
30-75.2 Certificate of Compliance.
a. A person owning real property or a buyer under a contract of sale may request a
certificate of compliance from the City Engineer indicating whether the real property
complies with the provisions of the Subdivision Map Act and this chapter. A written
application for a certificate of compliance shall be accompanied by a current preliminary
title report showing the legal owner of the property.
b. If the City Engineer determines that the real property complies with the provisions of the
Subdivision Map Act and this chapter, the City Engineer shall file a certificate of
compliance for recording with the Alameda County Recorder. The certificate of
compliance shall identify the real property and shall state that the division thereof
complies with the provisions of the Subdivision Map Act and this chapter.
c. If the City Engineer determines that the real property does not comply with the provisions
of the Subdivision Map Act or this chapter, the City Engineer may, as a condition to
granting a certificate of compliance, impose conditions in accordance with Section
66499.35(b) of the Subdivision Map Act. Upon the City Engineer's making such a
determination and establishing such conditions, the City Engineer shall file a conditional
certificate of compliance for record with the Alameda County Recorder. The certificate
shall serve as notice to the property owner and any successor that the fulfillment and
implementation of such conditions shall be required before subsequent issuance of a
permit or other grant of approval for development of the property. Compliance with such
conditions is not required until the City issues a permit or other grant of approval for
development of the property.
d. A recorded final map or parcel map constitutes a certificate of compliance with respect
to the parcels of real property described on the map.
e. The applicant for a certificate of compliance shall pay the City a fee to cover the
reasonable cost of processing the application as set forth in the Master Fee Schedule.
30-75.3 Exceptions.
Exceptions to the standards set forth in this article may be approved to address special
circumstances or physical conditions affecting the property to be subdivided. 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 with the
tentative map or parcel map. In order to grant the exception(s), the following findings shall be
made as part of the approval of a tentative map or parcel map:
a. That there are special circumstances or conditions affecting the property.
b. That the exception is necessary for the preservation and enjoyment of a substantial
property right of the petitioner.
c. That the granting of the exception will not be detrimental to the public welfare or injurious
to other property in the vicinity of the property.
30-75.4 Contiguous Lots.
Contiguous lots held by a common owner of record, irrespective of lien holders or
mortgage holders, whether or not created by plat map or subdivision map, shall be merged as
one (1) lot for purposes of this article and compliance with the provisions of this article shall be
required before redivision thereof unless exempted by the provisions of the Subdivision Map Act.
30-75.5 Time Extensions.
The time limits specified in this article for reporting and acting on maps may be extended
by mutual consent of the City and applicant.
30-75.6 Waiver of Technical Error.
A map which fails to satisfy the provisions of this article 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 article.
30-76 TENTATIVE MAPS.
30-76.1 Applicability.
A tentative tract map and final map shall be required for all divisions of land creating five
(5) or more parcels, five (5) or more condominiums as defined in California Civil Code Section
783, a community apartment project containing five (5) or more parcels, or for the conversion of
a dwelling to a stock cooperative containing five (5) or more dwelling units, except where any one
of the following occurs:
a. The land before division contains less than five acres, each parcel created by the division
abuts upon a maintained public street or highway, and no dedications or improvements
are required by the legislative body.
b. Each parcel created by the division has a gross area of twenty (20) acres or more and has
an approved access to a maintained public street or highway.
c. The land consists of a parcel or parcels of land having approved access to a public street
or highway, which comprises part of a tract of land zoned for industrial or commercial
development, and which has the approval of the City as to street alignments and widths.
d. Each parcel created by the division has a gross area of not less than forty (40) acres or is
not less than a quarter of a quarter section.
e. The land is being subdivided solely for the creation of an environmental subdivision
pursuant to Section 66418.2 of the Subdivision Map Act.
f. A parcel map shall be required for the subdivisions described in subsections a. through e.
of this section unless the parcel map is waived by the Planning Director in accordance
with Section 30-80 Waiver of Parcel Map.
30-76.2 Tentative Map Application.
All tentative map applications shall be filed with the Planning Director. The form and
contents of the tentative map and the number of copies required for the application shall be
prescribed by the Planning Director and in accordance with the application submittal requirements
for tentative maps in this Section. The Planning Director may authorize exceptions to map
requirements on the determination that the map contains sufficient information to be evaluated
adequately.
30-76.3 Tentative Map Form and Contents.
a. General: A tentative map shall be based upon a field survey made in conformity with the
Land Surveyors Act, shall be prepared by or under the direction of a land surveyor or a
civil engineer registered in the State of California who is authorized to perform land
surveying, shall be legibly drawn, shall include a description of the real property being
subdivided and the names, addresses, telephone numbers, and email addresses of the
persons preparing and filing the map, and shall conform to the requirements of this section
and the Subdivision Map Act.
b. Map Sheets: The size of each sheet shall be eighteen inches (18") by twenty-six inches
(26"). A marginal line shall be drawn completely around each sheet, leaving an entirely
blank margin of one inch (1"). The scale of the map shall be large enough to show all
details clearly and enough sheets shall be used to accomplish this. The number of each
sheet and the total number of sheets comprising the map shall be stated on each of the
sheets, and its relation to each adjoining sheet shall be clearly shown. The subdivision
number shall be shown on each sheet. One (1) or more reduced sets of the map sheets
may also be required to be submitted, as specified by the Planning Director.
c. Scale, North Arrow and Basis of Bearings: Each sheet shall include a scale and north
arrow, and the basis of bearings shall be shown on at least one sheet based on previously
recorded final maps, parcel maps, or records of survey in the vicinity of the site. The basis
of bearings shall be approved by the City Engineer.
d. Boundaries and Monuments: The exterior boundaries of the land included within the
subdivision shall be clearly indicated by distinctive symbols. The map shall show the
definite location of the subdivision, and its relation to surrounding surveys. City boundaries
that cross or join the subdivision shall be clearly designated. The location of all existing
and proposed monuments shall be shown based on the required survey. The map shall
include a sufficient legal description, including all bearings, tract and lot identification, and
distances, of the land as to define the boundaries of the area to be divided, including and
describing all monuments found or set. The engineer or surveyor shall set sufficient
durable monuments to conform to the standards described in California Business and
Professions Code Section 8771 so that another engineer or surveyor may readily retrace
the survey.
e. Linear, Angular and Radial Data: Sufficient linear, angular and radial data shall be shown
to determine the bearings and lengths of monument lines, street centerlines, the boundary
lines of the subdivision, the boundary lines on every lot and parcel which is a part of the
subdivision, and ties to existing monuments used to establish the boundary. Bearing and
distance of all straight lines, and arc length, radius, total central angle and radial bearings
of all curves shall be shown. Ditto marks shall not be used in the dimensions and data
shown on the map.
f. Parcels: The location of each parcel shall be shown, including the exact layout, bearings,
dimensions and area of each parcel. New lot lines shall be shown as solid lines, and
original lot lines shall be dashed lines. Each parcel shall be numbered or otherwise
designated. Each parcel must be shown completely on one (1) sheet; if more than one (1)
sheet is required to show a parcel, the first sheet shall contain a small-scale,
undimensioned map of the entire parcel. The location of any remainder of the original
parcel shall be shown, but if such remainder has a gross area of five (5) acres or more,
then it need not be shown as a matter of survey, but only by reference to the existing
record boundaries of such remainder. Lot size and width shall be in conformance with the
requirements of the applicable zoning district.
g. Streets: The locations, names, and widths from curb to curb and for the total right-of-way
of all existing adjacent streets and the width of all proposed streets within the subdivision
shall be shown. Each proposed street shall be named or otherwise designated, and a
cross-sectional drawing including total right-of-way, travel lanes, parking lanes, bike lanes,
sidewalks, planting strips and other features of each shall be provided on the map.
h. Easements: The widths and locations of all existing and proposed easements for drainage,
sewers, and public utilities shall be shown. Easements for roads or streets, paths,
stormwater drainage, sanitary sewers, emergency vehicle access lanes, or other public
use as may be required, shall be dedicated to the public for acceptance by the City or
other public agency, and the use shall be specified on the map.
1. All easements of record shall be shown on the map, together with the name of the
grantee and sufficient recording data to identify the conveyance, such as the County
Recorder's serial number and date, or book and page of official records.
2. Easements not disclosed by the records in the office of the County Recorder and found
by the surveyor or engineer to be existing shall be specifically designated on the map,
identifying the apparent dominant tenements for which the easement was created.
3. The sidelines of all easements of record shall be shown by dashed lines on the final
map with the widths, lengths and bearings of record. The width and location of all
easements shall be approved by the City Engineer.
i. Buildings and Improvements: The location of buildings and improvements and their
relationship to the existing and proposed lot lines shall be shown, along with preliminary
grading, drainage, utility and similar plans.
j. Adjoining Properties: All adjoining property shall be identified by subdivision number, or
name when not identified by official number, and by reference to the book and page
number of the filed map showing such subdivision. If no such subdivision is adjacent, the
adjoining property shall be identified by the name of the owner and by reference to the
recorded deed by book and page number for the last recorded owner of such adjacent
property.
k. Owners' Consent: The tentative map shall indicate the names and mailing addresses of
all parties having any record title interest in the real property to be subdivided, and shall
include a certificate, signed and acknowledged by all such parties, consenting to the
preparation and recordation of the final map, except as provided in Section 66436 of the
Subdivision Map Act.
30-76.4 Tentative Map Accompanying Data and Reports.
The tentative map shall be accompanied by the following data and reports as may be
required by the Planning Director or City Engineer:
a. Title Report: A preliminary title report showing the legal owners at the time of filing the
tentative map shall be submitted with the tentative map.
b. Soils Report: A preliminary soils investigation and report prepared by a registered civil
engineer shall be required for every subdivision. The report shall evaluate seismic hazards
and recommend appropriate mitigation measures, prepared in compliance with the
requirements of the State Seismic Hazard Mapping Act. The preliminary soils report may
be waived if the Planning Director or City Engineer determines that, due to knowledge of
the soil qualities in the subdivision, no preliminary analysis is necessary.
c. Environmental Site Assessment: The Planning Director or City Engineer may require the
preparation of a Phase I environmental site assessment to determine the probable
existence of any hazardous waste on the property, including contamination of soil,
groundwater, or surface water. Such report shall be based on reasonably available
knowledge of the property, including, but not limited to, historical use of the property, prior
releases, visual and other surveys, records, consultant reports, and regulatory agency
correspondence. The exact form and content of the report shall be as specified by the
Planning Director or City Engineer. If the report concludes that hazardous waste may exist
on the property, further evaluation and/or remediation may be required as a condition of
approval of the tentative map.
d. Environmental Review The subdivider shall provide additional data and information as
may be required for the City's preparation and processing of environmental documents
pursuant to the California Environmental Quality Act.
e. Utility Service: The subdivider shall provide a letter from the agency proposed to provide
sewer and water service, electrical, gas and communications services to the proposed
subdivision indicating and committing that service can be provided to the proposed
subdivision.
f. Other Reports: Any other data or reports may be required by the Planning Director or City
Engineer such as fire access and waste management service when deemed necessary
due to scale of the proposed subdivision or presence of potential hazardous or
environmentally sensitive condition.
30-76.5 Tentative Map Completeness Review and Referral.
a. Determination of Complete Application. Within thirty (30) days of acceptance of a tentative
map application filing, the Planning Director shall determine whether an application is
complete and shall notify the applicant of the determination in writing.
b. Referral. Within five (5) days of the Planning Director's determination that a tentative map
application is complete, the Planning Director shall forward copies of the application to the
City Engineer, other affected City departments, public agencies and utilities, including the
California Department of Transportation, Alameda Unified School District, and the East
Bay Municipal Utility District. The affected public agencies and utilities may, in turn,
forward to the Planning Director their findings and recommendations within fifteen (15)
days of receiving the City's notification.
c. City Engineer Review. The City Engineer shall review the form and contents of the
tentative map and accompanying data and reports pursuant to the requirements of this
chapter and any additional requirements established by the City Engineer and shall
convey comments to the subdivider. The subdivider shall make corrections and/or
additions until the map is acceptable to the City Engineer and prior to consideration of the
map by the Advisory Agency.
30-76.6 Tentative Map Review by the Planning Board.
a. Advisory Agency. Except for those projects that are subject to ministerial approval
pursuant to Government Code section 66499.41 and other similar sections when projects
shall be reviewed and acted upon by the City Engineer, the Planning Board is hereby
designated as the Advisory Agency with respect to the review and approval of tentative
maps as provided in the Subdivision Map Act. The Planning Board shall have all the
powers and duties with respect to making investigations and reports on the design and
improvement of proposed divisions of land requiring the preparation of a tentative map.
b. Action on Map. The Advisory Agency shall review and decide on the Tentative Map within
fifty (50) days of filing, certification of an environmental impact report, adoption of a
negative declaration, or a final determination that the project is exempt from the
requirements of the California Environmental Quality Act, whichever is later. The Planning
Board shall approve, conditionally approve, or deny the tentative map based on the
findings in subsection c.
c. Findings for Denial: A tentative map shall be denied if any of the following findings are
made:
1. The proposed map is not consistent with applicable General Plans and Specific Plans.
2. The design or improvement of the proposed subdivision is not consistent with
applicable General Plans and Specific Plans.
3. The site is not physically suitable for the type of development.
4. The site is not physically suitable for the proposed density of development.
5. The design of the subdivision or proposed improvements is likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their
habitat.
6. The design of the subdivision or type of improvements will conflict with easements
acquired by the public at large for access through or use of property within the
proposed subdivision.
7. The design of the subdivision or the type of improvements is likely to cause serious
public health problems.
d. Findings for Approval. The following findings must be made prior to approval of a tentative
map:
1. For a proposed subdivision with more than five hundred (500) dwelling units, water will
be available and sufficient to serve the proposed subdivision in accordance with
Section 66473.7 of the Subdivision Map Act.
2. The discharge of waste from the proposed subdivision into the sewer system will not
violate regional water quality control regulations in accordance with Section 66474.6
of the Subdivision Map Act.
3. The design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in accordance with subsection 30-76.7, and
provides public access to water in accordance with subsection 30-76.8.
4. The city has considered the effects on housing needs of the region in which the local
jurisdiction is situated and balance these needs against the public service needs of
its residents and available fiscal and environmental resources.
e. Public Hearing. The Advisory Agency shall hold a public hearing on the tentative map
pursuant to Section 66451.3 of the Subdivision Map Act. The decision of the Planning
Board is subject to appeal and call for review pursuant to AMC Section 30-25 Appeals or
Calls for Review.
1. Staff reports on tentative maps shall be provided to the subdivider at least three (3)
days prior to the public hearing.
2. The subdivider shall provide all notices required by the Subdivision Map Act for
condominium projects and similar projects.
f. Conditions of Approval. The City may impose reasonable conditions to subdivision map
approvals that derive from the City's general police power, including its authority to
regulate design and improvement of subdivisions, specific statutory authorization
contained in the Subdivision Map Act and related statutes, the CEQA environmental
review process, and local authority to impose conditions to implement provisions of
general and specific plans.
30-76.7 Passive or Natural Heating or Cooling.
The design of a subdivision for which a tentative map is required pursuant to Section 66426
of the Subdivision Map Act shall provide, to the extent feasible, for future passive or natural
heating or cooling opportunities in accordance with Section 66473.1 of the Subdivision Map Act.
For the purposes of this section, feasible means capable of being accomplished in a successful
manner within a reasonable period of time, considering economic, environmental, social, and
technological factors. This section does not apply to condominium projects which consist of the
subdivision of space in an existing building when no new structures are added.
30-76.8 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 highwater mark on any bay shoreline within
the subdivision unless the Planning Board finds that reasonable public access is otherwise
available within a reasonable distance. Such a finding shall be set forth on the face of the
tentative and final maps. Reasonableness shall be determined according to the standards
set out by Section 66478.11 of the Subdivision Map Act.
b. Public access routes provided by the subdivider shall be expressly designated 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 map or the offer shall be deemed rejected.
30-76.9 Tentative Map Expiration.
Except as otherwise provided by Section 66452.6 of the Subdivision Map Act, a tentative
map shall expire three (3) years after the date of its approval unless an application for a tentative
map extension is filed pursuant to the requirements of this chapter within that period.
Notwithstanding any automatic extension period authorized in the Subdivision Map Act, the City
may, upon the subdivider's application filed before the tentative map expiration date, extend the
tentative map's life for an additional period or periods not to exceed six years in accordance with
subsection 30-76.10.
30-76.10 Tentative Map Extensions.
a. Request by Subdivider. The subdivider may request an extension of the expiration date of
the approved tentative map by written application to the Planning Director prior to
expiration of the map. If such a request is filed, the map shall automatically be extended
for sixty (60) days or until the application for the extension is approved, conditionally
approved, or denied, whichever occurs first. To grant the extension, the Planning Director
shall provide a written determination that the following findings have been satisfied:
1. That the subdivider has clearly documented that it has made a good faith effort to
complete the subdivision process.
2. That it is in the best interest of the City of Alameda's health, safety, and general welfare
to extend the tentative map.
3. That there are no substantial changes to the project, no substantial changes to the
circumstances under which the project is undertaken, and no new information of
substantial importance that would require any further environmental review pursuant
to the California Environmental Quality Act.
b. Time Limit of Extension: Time extensions may be for a period of up to two (2) years. In no
case shall the cumulative extension of the tentative map exceed six (6) years, except as
otherwise provided by the Subdivision Map Act. After that time, a new tentative map
application shall be required.
c. Appeal of Decision: The decision of the Planning Director is subject to appeal and call for
review pursuant to AMC Section 30-25 Appeals or Calls for Review.
30-76.11 Tentative Map Corrections and Amendments.
a. Minor Changes. Minor changes to an approved tentative map may be approved by the
City Engineer upon application by the subdivider or on the City's initiative prior to action
on a final map provided that:
1. No lots, units or building sites or structures are added.
2. Changes are consistent with the intent of the original tentative map approval.
3. There are no resulting violations of the Alameda Municipal Code.
4. Any approved amendment shall not alter the expiration date of the tentative map.
b. Substantive Changes. Amendments of the tentative map that, in the opinion of the City
Engineer, are not minor shall be referred to the Planning Board for review, subject to the
procedures for processing a tentative map as set forth in this article.
30-77 VESTING TENTATIVE MAPS.
30-77.1 General.
No land shall be subdivided and developed pursuant to a vesting tentative map for any
purpose which is inconsistent with the General Plan and any applicable specific plan or not
permitted by the zoning regulations or other applicable provisions of the Municipal Code.
30-77.2 Applicability.
a. This section shall apply only to residential developments. Whenever a provision of the
Subdivision Map Act, as implemented and supplemented by the Alameda Subdivision
Regulations, requires the filing of a tentative map or parcel map for a residential
development, a vesting tentative map may instead be filed, in accordance with the
provisions hereof.
b. If a subdivider does not seek the rights conferred by the vesting tentative map statute, the
filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed
subdivision, permit for construction, or work preparatory to construction.
30-77.3 Filing Procedure.
A vesting tentative map shall be filed in the same form and have the same contents,
accompanying data and reports and shall be processed in the same manner as set forth in the
Alameda Subdivision Regulations and Subdivision Map Act for a tentative map except as
hereinafter provided:
a. At the time a vesting tentative map is filed it shall have printed conspicuously on its face
the words "VESTING TENTATIVE MAP."
b. In addition to the data and reports required by Section 30-76.4 above, a vesting tentative
map shall be accompanied by the following plans and reports when deemed necessary
by the Planning Director or City Engineer:
(a) Height, size and location of buildings;
(b) Sewer, water, storm drain and road details clearly delineating public and private
facilities;
(c) Information on the uses to which the buildings will be put;
(d) Detailed grading plans and preliminary stormwater sizing calculations;
(e) Geological studies;
(f) Flood control information;
(g) Architectural plans.
c. Upon filing a vesting tentative map, the subdivider shall pay the fees required by the
Master Fee Schedule for the filing and processing of a tentative map.
30-77.4 Vesting of Development Rights.
a. The approval or conditional approval of a vesting tentative map shall expire at the end of
the same time period and shall be subject to the same extensions established by the
subdivision regulations for the expiration of the approval or conditional approval of a
tentative map.
b. The approval or conditional approval of a vesting tentative map shall confer a vested right
to proceed with development in substantial compliance with the ordinance, policies and
standards in effect at the time the vesting tentative map application is deemed complete
pursuant to Section 65943 of the Government Code, subject to the exception in Section
66474.2(b) of the Subdivision Map Act.
c. Notwithstanding subsection b., a permit, approval, extension, or entitlement may be made
conditional or denied if any of the following are determined:
1. A failure to do so would place the residents of the subdivision or the immediate
community, or both, in a condition dangerous to their health or safety, or both.
2. The condition or denial is required in order to comply with State or Federal law.
d. The rights referred to herein shall expire if a final map is not approved prior to the
expiration of the vesting tentative map as provided in paragraph a. above. If the final map
is approved, these rights shall last for the following periods of time:
1. An initial time period of two (2) years beyond the recording of the final map. Where
multiple final maps are recorded on various phases of a project covered by a single
vesting tentative map, this initial time period shall begin for each phase when the final
map for that phase is recorded.
2. The initial time period set forth in subparagraph 1. shall be automatically extended by
any time used for processing a complete application for discretionary approvals for the
proposed development, including, but not limited to, General Plan or zoning
amendments, planned development approvals, conditional use permits, variances,
design review or grading permits if such processing exceeds thirty (30) days from the
date a complete application is filed.
3. A subdivider may apply to the Planning Board for a one (1) year extension at any time
before the initial time period set forth in subparagraph 1. expires. A decision on the
request is subject to appeal and/or call for review as established in AMC Section 30-
25.
e. If the subdivider submits a complete application for a building permit prior to the
recordation of the final map, the rights referred to herein shall continue until the expiration
of such building permit or the expiration of any extension of that permit.
30-77.5 Development Inconsistent with Zoning Regulations.
a. Whenever a subdivider files a vesting tentative map for a subdivision whose intended
development is inconsistent with the zoning regulations in existence at that time, that
inconsistency shall be noted on the map. The City may deny such a vesting tentative map
or approve it conditioned on the subdivider, or subdivider's designee, obtaining the
necessary change in the zoning regulations to eliminate the inconsistency. If the change
in the zoning regulations is obtained, the approved or conditionally approved vesting
tentative map shall, notwithstanding subsection 30-77.4.b., confer the vested right to
proceed with the development in substantial compliance with the change in the zoning
regulations and the map, as approved.
b. The rights conferred by this subsection shall be for the time periods set forth in subsection
30-77.4.d.
c. Notwithstanding any provision of this section, a property owner or designee may seek
approvals or permits for development which depart from the ordinances, policies, and
standards described in subsections 30-77.4.b. and 30-77.4.c., and local agencies may
grant these approvals or issue these permits to the extent that the departures are
authorized under applicable law.
30-78 FINAL MAPS.
30-78.1 Final Map Application.
A final map conforming to the approved tentative map shall be filed with the City Engineer
for approval after all the required certificates on such map have been signed and, where
necessary, acknowledged.
30-78.2 Final Map Form and Contents.
The form and content of a final map shall conform to the requirements of this section and
Section 66433 et seq. of the Subdivision Map Act, and shall be the same as that of a tentative
map, as set forth in Section 30-76.3 Tentative Map Form and Contents, except as follows:
a. Permanence. A final map shall be legibly drawn, printed, or reproduced by a process
guaranteeing a permanent record in black on tracing cloth or polyester base film.
Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon
the map with opaque ink. If ink is used on polyester base film, the ink surface shall be
coated with a suitable substance to assure permanent legibility.
b. Monuments. At least one (1) exterior boundary line shall be marked with a standard
City monument prior to recording the final map. Other monuments shall be set as
required by the City Engineer at or on approved offsets from the following locations:
1. The intersection of street centerlines;
2. Beginning and end of curves or intersection of tangents on centerlines; and
3. Other locations as required by the City Engineer.
c. Abandonment of Streets and Easements. The filing of the final map shall constitute
abandonment of all public streets and public easements not shown on the map
provided that a written notation of each abandonment is listed by reference to the
recording data or other official record creating these public streets or public easements
and certified on the map by the City Engineer. Before a public easement vested in
another public entity may be abandoned pursuant to this section, that public entity
shall receive notice of the proposed abandonment. No public easement vested in
another public entity shall be abandoned pursuant to this section if that public entity
objects to the proposed abandonment.
d. Engineer's/Surveyor's Certificate. The final map shall contain a statement by the
engineer or surveyor responsible for the preparation of the map that states that all
monuments are of the character and occupy the positions indicated, or that they will
be set in those positions on or before a specified date, and that the monuments are,
or will be, sufficient to enable the survey upon which the final map is based to be
retraced.
e. City Engineer's Certificate. The final map shall include a statement to be signed by the
City Engineer confirming that they have examined it and found it to be technically
correct, consistent with the approved tentative map, and in compliance with these
subdivision regulations and the Subdivision Map Act.
f. Planning Director's Certificate. The final map shall include a statement to be signed
by the Planning Director confirming that they have examined it and found it to comply
with the tentative map as approved by the Planning Board, indicating the date of such
approval, and indicating that the map complies with the General Plan and all other
requirements of this chapter.
g. City Clerk's Statement. The final map shall include a statement to be signed by the
City Clerk confirming that the City Council has received the map and determined it to
comply with the tentative map, the Subdivision Map Act and the local subdivision
ordinance, and accepted for dedication and maintenance any land, improvements,
easements or utilities.
h. Additional Information. The City may require additional information to be recorded
simultaneously with the final map. Whenever additional information is made by a
separate document, there shall appear on the final map a reference to the separately
recorded document. This reference shall be completed by the Alameda County
Recorder according to Section 66468.1 of the Subdivision Map Act. Additional
information may include the following:
1. Covenants, codes and restrictions.
2. Regulatory agreements.
3. Property maintenance agreements.
4. Utilities to be accepted for public maintenance.
5. Other documents or agreements required by as conditions of approval on the
tentative map.
6. Additional survey and map information including, but not limited to, building
setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping,
and archaeological sites. The additional information shall be in the form of a
separate document or an additional map sheet which shall indicate its relationship
to the final map, and shall contain a statement that the additional information is for
informational purposes, describing conditions as of the date of the recording, and
is not intended to affect record title interest. The document or additional map sheet
may also contain a notation that the additional information is derived from public
records, or reports, and does not imply the correctness or sufficiency of those
records or reports by the preparer of the document or additional map sheet.
30-78.3 Final Map Accompanying Data and Reports.
The final map shall be accompanied by the following data or reports as may be required
by the City Engineer:
a. Title Report. A title report, showing the legal owners at the time of filing the final map,
shall be submitted with the final map, accompanied by copies of all deeds and
easement descriptions referenced in the report.
b. Guarantee of Title. A guarantee of title, in a form acceptable to the City Engineer and
City Attorney, shall be issued by a competent title company to and for the benefit and
protection of the City and shall continue up to the instant of recording of the final map,
guaranteeing that the names of all persons whose consent is necessary to pass a
clear title to the land being subdivided, and all public easements being offered for
dedication, and all acknowledgments thereto, appear on the proper certificates and
are correctly shown on the map, both as to consents to the making thereof and
affidavits of dedication where necessary.
c. Deeds and Maps. The final map shall be accompanied by copies of deeds for all
adjoining property and copies of all maps referenced in the title report.
d. Easements. The final map shall be accompanied by written evidence of rights of entry
or permanent easements across private property outside of the subdivision that permit
or grant access to perform necessary construction work or permit the maintenance of
any public sewer, water, electric and/or other facility.
e. Improvement Plans and Agreement. Improvement plans and an improvement
agreement, if applicable, shall accompany the final map.
f. Soils Report. If the Planning Director or City Engineer required a preliminary soils
report with the filing of the tentative map, and if the preliminary soils report indicated
the presence of critically expansive soils or other soil problems which, if not corrected,
could lead to structural defects, the soils report accompanying the final map shall
contain an investigation of each lot within the subdivision. Additionally, the soils report
shall evaluate seismic hazards and recommend appropriate mitigation measures,
prepared in compliance with the State Seismic Hazard Mitigation Act. The Planning
Director or City Engineer may require additional information or reject the report if it is
found to be incomplete, inaccurate or unsatisfactory.
g. Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street
centerlines and monument lines shall be submitted with the final map.
h. Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations
of all storm drains shall be submitted with the final map if determined necessary by the
City Engineer.
i. Covenants, Conditions and Restrictions. If required by the City, the submittal of the
final map for a common interest development within the meaning of California Civil
Code Section 1350 et seq. shall include the proposed declaration of covenants,
conditions and restrictions containing the provisions described in California Civil Code
Section 1353, and all other governing documents for the subdivision. The submittal of
the final map for all subdivisions other than a common interest development shall
include any proposed declaration of covenants, conditions and restrictions. All
documents shall be subject to review and approval by the Planning Director, City
Engineer, and City Attorney.
j. Electronic Copy. The final map shall be submitted in an approved electronic format as
required by the City Engineer.
k. Other Reports. Any other data or reports deemed necessary by the City Engineer shall
be submitted with the final map.
30-78.4 Multiple Final Maps.
a. Notice of Intention to File Multiple Final Maps. Multiple final maps relating to an approved
tentative map may be filed prior to the expiration of the tentative map if the subdivider, at
the time the tentative map is filed, informs the Planning Director in writing of the
subdivider's intention to file multiple final maps on the tentative map, or after the filing of
the tentative map the subdivider and Planning Director concur in the filing of multiple final
maps. In providing the notice, the subdivider shall not be required to define the number or
configuration of the proposed multiple maps.
b. Filing of Multiple Final Maps. The filing of a final map on a portion of an approved tentative
map shall not invalidate any part of the tentative map. Each final map that constitutes a
part of the approved tentative map shall have a separate subdivision number, and shall
be subject to any reasonable conditions imposed pursuant to Section 30-76.6.g. The
public improvement agreement executed by the subdivider shall provide for the
construction of improvements as required to constitute a logical and orderly development
of the whole subdivision.
30-78.5 Final Map Review and Approval.
a. Review by City Engineer. The subdivider shall submit the final map, signed by all parties
required to execute the statements on the map, to the City Engineer for review. The
subdivider shall make any corrections and/or additions as required by the City Engineer
until the final map meets the requirements of the approved tentative map and related City
requirements.
b. Approval by City Council. Upon the City Engineer's determination that the final map meets
the requirements of the approved tentative map and related City requirements, the City
Council shall consider the map at its next regular meeting for which public notice can be
given pursuant to Section 66451.3 of the Subdivision Map Act.
1. If any dedications are required as part of the subdivision, the certificate for dedications
shall be included on the map, and the City Council shall accept, accept subject to
improvement, or reject any offer of dedication. The City Clerk shall certify or state on
the map the action by the City Council. Acceptance of offers of dedication on a final
map shall not be effective until the final map or a resolution of acceptance is filed in
the Alameda County Recorder's office.
2. If the Council determines that the final map is in substantial compliance with all
conditions of approval attached to the tentative map, and in conformity with the
approved tentative map, the requirements of this article and the General Plan, it shall
approve the final map.
3. If improvements required as conditions to the tentative map have not yet been
completed when the final map is approved, the subdivider shall enter into a subdivision
improvement agreement, guaranteed by adequate security, for the completion of the
improvements. When the subdivider shall have filed with the City Clerk the agreement
and bonds, or have made the deposit described in Section 30-86.8 hereof, such
agreement and bond may be approved by the Council as to form and as to sufficiency.
4. Disapproval for failure to meet or perform the requirements or conditions of this article
applicable to the subdivision at the time of the approval of the tentative map shall be
accompanied by a finding identifying the requirements or conditions which have not
been met or performed.
5. A final map for a subdivision created from the conversion of residential property to
condominiums shall not be approved unless the City Council finds that each tenant
has been given one hundred twenty (120) days' notice as required by subsection 30-
8.6.a. of this chapter and has also been notified of the right to acquire the unit as
required by subsection 30-8.6.b. of this chapter.
6. Condominium projects and similar projects shall be approved only upon the findings
required by Section 66427.1 of the Subdivision Map Act.
7. No final 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 final map has been recorded in the office of the County Recorder.
c. Final Certification. When the City Engineer and Planning Director are satisfied that the
final map meets the requirements of this chapter and the City Council has approved the
final map, the Planning Director, City Engineer and City Clerk shall certify the map by
signing the certificates contained on the final map.
30-78.6 Final Map Recordation.
Except as provided in Section 66493 of the Subdivision Map Act, upon certification of the final
map and acceptance of any dedications by the City Council, the map shall be forwarded to the
Alameda County Recorder or to a title company or other authorized agent that the subdivider has
designated for transmittal to the County Recorder. If any part of the subdivision is subject to a lien
for taxes or special assessments collected as taxes which are not yet payable, the final map shall
be processed in accordance with Section 66493 of the Subdivision Map Act. If the subdivider
dedicates property to the City, a certificate concerning the dedication as provided in Section 30-
86.13 shall also be prepared and forwarded for recording, and a copy of the certificate shall be
attached to the final map.
30-79 PARCEL MAPS.
30-79.1 Applicability.
A tentative parcel map and parcel map shall be required for all divisions of land into four (4) or
fewer parcels or units, and divisions of land identified in Section 66426 of the Subdivision Map
Act, except no tentative parcel map or parcel map shall be required for the following:
a. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by
Section 230 of the Public Utilities Code, that are created by short-term leases (terminable
by either party on not more than thirty (30) days' notice in writing).
b. Land conveyed to or from a governmental agency, public entity or public utility, or for land
conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-
way, unless a showing is made in individual cases, upon substantial evidence, that public
policy necessitates a parcel map. For purposes of this section, land conveyed to or from
a governmental agency shall include a fee interest, a leasehold interest, an easement, or
a license.
30-79.2 Tentative Parcel Map Application.
All tentative parcel map applications shall be filed with the Planning Director, accompanied
by an application form provided by the Director. The form and contents of the tentative parcel map
and the number of copies required for the application shall be prescribed by the Planning Director
and in accordance with the application submittal requirements for tentative maps in this Section.
The Planning Director may authorize exceptions to map requirements on the determination that
the map contains sufficient information to be evaluated adequately. The tentative parcel map
application shall include payment of applicable fees as set forth in the Master Fee Schedule.
30-79.3 Tentative Parcel Map Form, Contents, Accompanying Data and Reports.
The tentative parcel map form and contents shall be the same as for a tentative map
pursuant to Section 30-76.3 and shall be accompanied by the same data and reports as may be
required by the Planning Director or City Engineer for a tentative map pursuant to Section 30-
76.4.
30-79.4 Tentative Parcel Map Review and Referral.
a. Determination of Complete Application. Within thirty (30) days of acceptance of a tentative
parcel map application filing, the Planning Director shall determine whether an application
is complete and shall notify the applicant of the determination in writing.
b. Referral. Within five (5) days of the Planning Director's determination that a tentative
parcel map application is complete, the Planning Director shall forward copies of the
application to the City Engineer, other affected City departments, public agencies and
utilities, including the California Department of Transportation, Alameda Unified School
District, and the East Bay Municipal Utility District. The affected public agencies and
utilities may, in turn, forward to the Planning Director their findings and recommendations
within 15 days of receiving the City's notification.
30-79.5 Tentative Parcel Map Action.
a. Advisory Agency. The Planning Director is hereby designated as the Advisory Agency with
respect to the review of tentative parcel maps as provided in the Subdivision Map Act.
The Planning Director shall have all the powers and duties with respect to making
investigations and reports on the design and improvement of proposed divisions of land
requiring the recordation of a tentative parcel map. The Planning Director may approve,
conditionally approve, or deny tentative parcel maps at the recommendation of the City
Engineer.
b. Action Required. The Planning Director shall approve, conditionally approve, or deny a"
tentative parcel map within fifty (50) days after certification of an environmental impact
report, adoption of a negative declaration or determination that the project is exempt from
the requirements of the California Environmental Quality Act.
c. Findings. A tentative parcel map shall be denied if any of the following findings are made,
and shall otherwise be approved:
1. The proposed map is not consistent with applicable General Plans and Specific Plans.
2. The design or improvement of the proposed subdivision is not consistent with
applicable General Plans and Specific Plans.
3. The site is not physically suitable for the type of development.
4. The site is not physically suitable for the proposed density of development.
5. The design of the subdivision or proposed improvements is likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their
habitat.
6. The design of the subdivision or the type of improvements is likely to cause serious
public health problems.
7. The design of the subdivision or type of improvement will conflict with easements
acquired by the public at large for access through or use of property within the
proposed subdivision.
d. Conditions of Approval. The City may impose reasonable conditions that derive from the
City's general police power, including its authority to regulate design and improvement of
subdivisions, specific statutory authorization contained in the Subdivision Map Act and
related statutes, the CEQA environmental review process, and local authority to impose
conditions to implement provisions of general and specific plans.
30-79.6 Tentative Parcel Map Expiration and Extensions
Except as otherwise provided by Section 66452.6 of the Subdivision Map Act, a tentative
parcel map shall expire three (3) years after the date of its approval. The subdivider may request
an extension of the expiration date of the approved tentative parcel map by written application to
the Planning Director prior to expiration of the map. If such a request is filed, the map shall
automatically be extended for sixty (60) days or until the application for the extension is approved,
conditionally approved, or denied, whichever occurs first. To grant the extension, the Planning
Director shall provide a written determination that the following findings have been satisfied:
1. That the subdivider has clearly documented that it has made a good faith effort to
complete the subdivision process.
2. That it is in the best interest of the City of Alameda's health, safety, and general welfare
to extend the tentative map.
3. That there are no substantial changes to the project, no substantial changes to the
circumstances under which the project is undertaken, and no new information of
substantial importance that would require any further environmental review pursuant
to the California Environmental Quality Act.
Time extensions may be for a period of up to two (2) years. In no case shall the expiration
of the tentative parcel map extend more than six (6) years from the date of its original approval,
except as otherwise provided by the Subdivision Map Act. After that time, a new tentative parcel
map application shall be required.
30-79.7 Tentative Parcel Map Appeals.
The Planning Director's decision on a tentative parcel map may be appealed or called for
review to the Planning Board pursuant to Section 30-25 Appeals or Calls for Review, except that
any call for review or appeal shall be heard by the Planning Board within 45 days of the filing of
the appeal or call for review. If there is no regular meeting of the Planning Board within the next
45 days for which notice can be given pursuant to Section 66451.3 of the Subdivision Map Act,
the matter may be heard at the next regular meeting for which notice can be given, or within 60
days from the date of the appeal or call for review filing, whichever period is shorter.
30-79.8 Parcel Map Application
A parcel map conforming to the approved tentative parcel map shall be filed with the City
Engineer for approval after all of the required certificates on such map have been signed and,
where necessary, acknowledged. The parcel map application shall include payment of applicable
fees as set forth in the Master Fee Schedule.
30-79.9 Parcel Map Form and Contents
The form and content of a parcel map shall be the same as that of a final map, as set forth
in Section 30-78.2, except as follows:
Owners' Consent. When a parcel map involves the division of land into four (4) or fewer
parcels or units and dedications or offers of dedications are not required, the statement
shall be signed and acknowledged by the subdivider only. If the subdivider does not have
a record title ownership interest in the property to be divided, the subdivider shall provide
the City with satisfactory evidence that the persons with record title ownership have
consented to the proposed division. For purposes of this subsection, "record title
ownership" means fee title of record unless a leasehold interest is to be divided, in which
case "record title ownership" means ownership of record of the leasehold interest.
30-79.10 Parcel Map Review by the City Engineer
The City Engineer shall review the form and contents of the parcel map and accompanying
data and reports pursuant to the requirements of this chapter and any additional requirements
established by the City Engineer and shall convey comments to the subdivider and the Planning
Director. The subdivider shall make corrections and/or additions until the map is acceptable to
the City Engineer.
30-79.11 Parcel Map Certification
a. Final Certification by City Engineer and Planning Director. When the City Engineer and
Planning Director are satisfied that the parcel map meets the requirements of this chapter,
the Planning Director and City Engineer shall certify the map by signing the certificates
contained on the parcel map.
b. Acceptance of Dedications by City Engineer. If any dedications are required as part of the
subdivision, the City Engineer shall accept, accept subject to improvement, or reject any
offer of dedication prior to recordation of the parcel map. The City Engineer shall certify
the acceptance by signing a statement to this effect on the parcel map. Any certificate for
dedications prepared pursuant to Section 30-86 shall be included on the map.
30-79.12 Parcel Map Recordation.
Except as provided in Section 66493 of the Subdivision Map Act, upon certification of the
parcel map by the City Engineer and Planning Director, and acceptance of any dedications by the
City Engineer, the map shall be forwarded to the Alameda County Recorder or to a title company
or other authorized agent that the subdivider has designated for transmittal to the County
Recorder. If any part of the subdivision is subject to a lien for taxes or special assessments
collected as taxes which are not yet payable, the parcel map shall be processed in accordance
with Section 66493 of the Subdivision Map Act. If the subdivider dedicates property to the City, a
certificate concerning the dedication shall also be prepared and forwarded for recording, and a
copy of the certificate shall be included on the parcel map.
30-80 WAIVER OF PARCEL MAP.
The Planning Director may waive the requirement for filing a parcel map as provided
below.
a. Application. A subdivider wishing to request a waiver of the parcel map requirement shall
submit a waiver request in writing to the Planning Director and pay fees per the Master
Fee Schedule.
b. City Engineer Review. The City Engineer shall review the request and shall convey
comments to the Planning Director.
c. Determination of Complete Application. Within thirty (30) days of acceptance of a parcel
map waiver application filing, the Planning Director shall determine whether an application
is complete and shall notify the applicant of the determination in writing.
d. Action. The Planning Director shall act upon the application for a parcel map waiver within
sixty (60) days after the waiver application is deemed complete.
e. Findings. The Planning Director shall determine whether the proposed division of land
complies with the requirements of this article, the zoning ordinance, and State law as to
all of the following, and approve the waiver if so:
1. Area;
2. Improvement and design;
3. Drainage;
4. Improved public roads;
5. Sanitary facilities;
6. Water supply;
7. Environmental protection; and that
8. No public improvement will be necessary or desirable as a consequence of the
proposed division.
30-81 LOT LINE ADJUSTMENT.
a. A lot line adjustment between four (4) or fewer adjoining parcels, where land taken from
one (1) parcel is added to an adjoining parcel, and where a greater number of parcels than
originally existed is not thereby created, may be approved by the Planning Director and
City Engineer under the following circumstances.
1. The adjustment is for the creation of a new property line and/or to facilitate the
transfer of land from one (1) lot to adjoining lots, including the merger of two (2) or
more lots into one (1) lot.
2. Each of the lots remaining after the adjustment shall meet all the requirements for a
lot (area, width, etc.) and for development regulations for any existing or approved
structures (yards, access, etc.) as set forth in the City zoning regulations, including
any exceptions authorized by ministerial development regulations and State law.
3. No street improvements or other subdivision improvements are required.
b. The lot line adjustment application shall include the following:
1. Legal descriptions and a plat map of the parcels prior to and after the adjustment,
2. An exhibit showing all existing structures and easements in relation to the existing
and proposed lot lines,
3. Title report(s), and
4. Any additional information necessary to review the application, as determined by the
City Engineer or Planning Director.
c. The legal description and plat map shall be prepared by a licensed land surveyor and shall
be reviewed by the City Engineer for technical correctness
d. The original drawings or reproducible copies of deed record drawings shall be kept in the
City Engineer's files.
e. The deed(s) describing the transfer shall be recorded with the County Recorder.
f. A fee shall be paid at the time of application of a lot line adjustment map as set forth in the
Master Fee Schedule.
30-82 MAP CORRECTIONS AND AMENDMENTS.
30-82.1 General.
After a final map or parcel map is recorded, it may be amended by a certificate of
correction or by an amending map. Corrections of errors and omissions may be approved by the
City Engineer pursuant to subsection 30-82.3. Modifications to a map due to changes that make
any or all of the conditions of the map no longer appropriate or necessary shall require a map
amendment pursuant to subsection 30-82.4.
30-82.2 Application, Form and Contents.
The certificate of correction or amending map shall be prepared by or under the direction
of a land surveyor registered in the State of California or by a civil engineer registered in the State
of California who is authorized to perform land surveying. The form and contents of an amending
map shall conform to the requirements for the form and contents of a final map as set forth in
Section 30-78.2. An amending map shall set forth in detail the corrections made and show the
names of the owners of the property affected by the correction or omission as of the date of the
filing or recording of the original recorded map.
30-82.3 Certificate of Correction.
a. Purposes. The City Engineer may approve a certificate of correction for any of the
following purposes:
1. To correct an error in any course or distance shown on the map.
2. To show any course or distance that was omitted from the map.
3. To correct an error in the description of the real property shown on the map.
4. To indicate monuments set after the death, disability, retirement from practice, or
replacement of the engineer or surveyor charged with responsibilities for setting
monuments.
5. To show the proper location of any monument that has been changed in location
or character, or that was originally shown at the wrong location or incorrectly as
to its character.
6. To correct any additional information filed or recorded pursuant to Section
66434.2 of the Subdivision Map Act if the correction does not impose any
additional burden on the present owners of the property and does not alter any
right, title, or interest in the real property reflected on the recorded map.
7. To correct any other type of map error or omission as approved by the City
Engineer that does not affect any property right, including, but not limited to, lot
numbers, acreage, street names, and identification of adjacent record maps.
b. Procedure. The certificate of correction shall be submitted to the City Engineer for review
and approval, accompanied by the required fee as set forth in the Master Fee Schedule.
The City Engineer shall examine the certificate of correction and, if the only changes are
those set forth in subsection a. of this section, the City Engineer shall certify to this fact on
the certificate of correction. The City Engineer shall have twenty (20) working days to
examine the certificate of correction for compliance with this Article, endorse a statement
on it of their examination and certification, and present it to the County Recorder for
recordation. If the City Engineer determines that the certificate of correction fails to comply
with this Article, the City Engineer shall return the certificate to the applicant with a written
statement of the changes necessary. The City Engineer shall have ten (10) working days
after resubmission and approval of the amended certificate of correction to present it to
the County Recorder for recordation.
30-82.4 Map Amendment.
a. The City Council shall consider amendment to a final map and the Planning Director shall
consider amendments to a parcel map. The City Council or Planning Director shall
consider the amendments at a public hearing with notice given pursuant to section
66451.3 of the Subdivision Map Act and shall deny the request unless it makes all of the
following findings, in which case it shall approve the request:
1. There are changes in circumstances that make any or all of the conditions of the map
no longer appropriate or necessary.
2. The amendments do not impose any additional burden on the fee owners of the real
property.
3. The amendments do not alter any right, title, or interest in the real property reflected
on the recorded map.
4. The final map as amended conforms to the findings of Section 30-76.6(c), or the parcel
map as amended conforms to the findings of Section 30-79.5(c).
b. A decision of the Planning Director to approve a parcel map amendment may be appealed
to or called for review by the Planning Board pursuant to Section 30-25.
c. The City Engineer shall certify the amending map as approved by the City Council or
Planning Director.
d. The amending map certified by the City Engineer shall be filed in the office of the Alameda
County Recorder. After the County Recorder takes the actions required by Section 66472
of the Subdivision Map Act, the original map shall be deemed to have been conclusively
so corrected and shall impart constructive notice of all the corrections in the same manner
as though set forth on the original map.
30-83 MINISTERIAL APPROVALS
30-83.1 Applicability.
The provisions of this Section shall apply within the R-1 Residential District to subdivisions
meeting the requirements of Section 30-4.1.b.2 and 30-4.1.d.2 for two-family dwellings and for
other ministerial approvals required by law, including but not limited to Sections 66411.7,
66499.40 and 66499.41 of the Subdivision Map Act.
30-83.2 Parcel Map.
A tentative parcel map and parcel map shall be required for all proposed urban lot splits
and similar mandatory ministerial subdivisions and shall conform to the requirements of the
Subdivision Map Act. The tentative parcel map and parcel map shall be filed with the Planning
Director for examination for conformance to this title and the Subdivision Map Act.
30-83.3 Urban Lot Split Standards.
A tentative parcel map and parcel map for an urban lot split and similar mandatory
ministerial subdivisions shall conform to the requirements of sections 30-4.1.b.2 and 30-4.1.d.3
and all the of following:
a. Flag Lots.
1. A flag lot shall be allowed with an urban lot split in a situation where a conventional lot
would not allow for a second lot of at least one thousand two hundred (1,200) square
feet.
2. The portion of the flag lot constituting the access corridor shall be excluded when
determining compliance with minimum lot size and maximum lot coverage
requirements.
3. The minimum width of the access corridor of the flag lot shall be five (5) feet and the
maximum width of the access corridor of the flag lot shall be twenty (20) feet, except
where greater width is required for Fire Department access.
4. New flag lots shall not be created from existing flag lots.
b. Easements. Public utility, service and/or access easements shall be provided within the
subdivision where required for public utility purposes, in accordance with this title.
c. Dedications. Notwithstanding the requirements of this chapter, dedications of rights-of-
way or the construction of off-site improvements for the parcels being created shall not be
required.
d. Improvements Required. The following improvements shall be required of all urban lot
splits and similar mandatory ministerial approvals. The design and layout of such
improvements shall conform to the generally acceptable engineering standards and to
such objective standards as approved by the City Engineer that are in effect at the time of
the parcel map application submittal.
1. Sanitary Sewers. Each unit or lot within the urban lot split shall be served by the City's
sanitary sewer system.
2. Water Supply. Each unit or lot within the urban lot split shall be served by an approved
domestic water system.
3. Utilities. All new utilities within the urban lot split shall be placed underground except
those facilities exempted by the Public Utilities Commission regulations and as
otherwise provided in this Article.
4. Storm Drainage. Stormwater runoff from the urban lot split shall be collected, conveyed
and treated by an approved storm drain system consistent with City standards.
e. Affidavit of Principal Residence. For projects being considered pursuant to Section 30-
4.1 d.3, Lot Splits, prior to approval of the parcel map, the applicant shall sign an affidavit,
on a form approved by the City Attorney, stating that the applicant intends to occupy one
of the units as their principal residence for a minimum of three (3) years from the date of
the approval of the subdivision. This requirement shall not apply if the applicant is a
community land trust or a qualified nonprofit corporation as provided in Sections 402.1
and 214.15 of the California Revenue and Taxation Code.
f. Deed Restriction on Further Subdivision. For projects being considered pursuant to
Section 30-4.1d.3, Lot Splits, the parcel map created pursuant to an urban lot split shall
contain a note on the map, and respective deed restrictions shall be recorded with the
Alameda County Recorder's Office, indicating that parcels resulting from the urban lot split
were created using the provisions of this chapter and Section 66411.7 of the Subdivision
Map Act, and that no further subdivision of the parcels is permitted.
g. Conflicting Provisions. The proposed urban lot split or similar mandatory ministerial
approval shall comply with all other applicable objective requirements of the Subdivision
Ordinance and the Subdivision Map Act(Government Code Section 66410 et seq.) except
as otherwise provided for in this article. In the event of a conflict between the requirements
of this chapter and the requirements contained elsewhere in this Municipal Code, the
provisions of this chapter shall apply to the review and approval of urban lot splits created
hereunder.
30-83.4 Ministerial Approval.
Notwithstanding any other requirement under this chapter, the City shall ministerially
review and approve applications for an urban lot split, without public notices, public hearings or
discretionary review. No appeal or call for review may be filed on the action of the Planning
Director.
30-84 REVERSION TO ACREAGE.
a. Reversions shall be processed pursuant to Article 1, Chapter 6 of the Subdivision 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."
30-85 SUBDIVISION DESIGN STANDARDS.
30-85.1 General Requirements.
In addition to meeting the specific requirements of this title, the design of the subdivision
shall, to the satisfaction of the advisory agency, conform to the land use, circulation and other
policies of the City's general plan and its component elements and any other officially adopted
specific plan or land development policy, and shall conform to the zoning ordinance, officially
adopted standards for streets and roads, grading, erosion and siltation control, seismic safety,
and design standards adopted by utilities, fire protection, sanitary and flood control districts in
which the land division is located. The size and alignment of streets and sidewalks and the
location and configuration of sites for lots, schools, parks, and similar facilities shall be
coordinated with the anticipated requirements of the future population and the physical
characteristics of the land.
30-85.2 Street Alignment.
The centerlines of all streets and highways which are to be extended shall be the
continuation of the centerlines of existing streets and highways on adjacent and contiguous
property. In cases in which the straight continuations are not desirable, the centerlines may be
continued by curves tangent at the intersection with the boundaries of the proposed subdivision
to the centerlines of existing streets or highways.
30-85.3 Street and Alley Grades and Widths.
a. Grades of all streets and alleys shall be established so that the subdivision is properly
drained and shall conform as nearly as possible to the natural topography of the property.
Minimum street grade is one-half of one percent(0.5%) except where otherwise approved
by the City Engineer. Maximum street grade is twelve percent (12%) except where
otherwise approved by the City Engineer.
b. Where a subdivision adjoins unsubdivided land, provision may be made for reasonable
future access to the acreage.
c. The widths of streets shall be based on the width of streets of which they are a
continuation, but shall not be less than those approved by the City Engineer or established
right-of-way lines unless otherwise approved under a master plan (Section 30-4.20) or
planned development (Section 30-4.13).
d. Minimum right-of-way widths of streets which are to be accepted into the City road system
shall be as shown on the City's standard plans or established right-of-way lines.
Easements for construction and maintenance of slopes in excavation or embankments
outside the limits of street dedication may be required where topographical conditions
make easements desirable.
30-85.4 Parcels.
a. Parcels shall be designed to meet or exceed the minimum standard for area, lot width, lot
depth, and lot frontage specified for the zoning district in which the subdivision is located.
b. Parcels, and the grading thereof, shall be of a size and shape to accommodate the uses
that reasonably could be expected to occur under applicable zoning with consideration
given to the limitations of topography and soil conditions, and the need for providing
access, privacy and preserving natural features of significance.
c. Parcels shall be designed to provide, to the extent feasible, for future passive or natural
heating or cooling opportunities within the subdivision.
30-85.5 Grading.
Subdivision grading shall conform with the intent, general requirements and lot design
requirements of this chapter, shall be consistent with recommendations contained in the soils and
geologic investigation reports prepared for the proposed subdivision, and subject to review and
approval by the City Engineer, and shall specifically conform with all City design standards.
30-85.6 Erosion and Siltation Control.
Erosion and sediment control facilities shall control and contain erosion-caused sediment
deposits and provide for the safe discharge of sediment-free stormwater into existing storm drain
facilities and natural watercourses. Drainage across interior property lines will not be 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 plans.
a. Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against
erosion.
b. Debris Basins. Debris basins shall be installed whenever and wherever necessary to
protect the subdivision and the properties below the subdivision from erosion and
sedimentation.
c. Temporary Debris Basins. Temporary debris basins shall be installed prior to commencing
grading operation and shall be maintained until the permanent erosion and sediment
control measures have been installed and are fully effective.
d. Erosion and Sediment Control Measures. Erosion and sediment control measures shall
be consistent with the recommendations contained in the preliminary soils investigation
report and the report evaluating the geological conditions present, to the extent reviewed
and approved by the City Engineer.
30-85.7 Flood Hazards and Sea Level Rise Mitigation.
Where a subdivision is proposed which lies partially or totally within an area designated
on a map prepared by a governmental agency as having a special flood hazard (FEMA) or subject
to sea level rise inundation as predicted in an adopted plan, the subdivider shall make provisions
to minimize damage to structures and improvements, including those of public utilities, in
accordance with accepted practice. The subdivider shall provide adequate drainage to reduce
exposure to such hazards and shall make site improvements and design water supply and
sanitary sewage systems to minimize infiltration of floodwaters into the systems and prevent
discharges of sewage and other contaminants into flood waters. The stormwater system and the
flood protection structures shall be designed and implemented to protect the project site from
inundation based on the conservative scenario of a high tide during a 100-year stormwater event
in combination with sea level rise.
30-85.8 Exceptions to Design Standards.
The Planning Director, City Engineer, Planning Board and City Council may, in the
exercise of reasonable judgment, grant exceptions to the requirements of this section, for street
alignment, grades, widths, lengths, block design, lot width and lot frontage, and to all subjects
referred to in this Section, as determined warranted by topographic limitations, soil or geological
conditions, or other site-specific conditions that warrant special consideration as recommended
by the City Engineer.
30-86 IMPROVEMENTS AND DEDICATIONS
30-86.1 Duty of Subdivider to Improve Streets.
The subdivider may be required to improve all streets, highways, public ways and
easements which are a part of the subdivision, as well as improvements that may not be part of
the subdivision but are reasonably affected by the subdivision.
30-86.2 Required Improvements.
a. The required improvements may include:
1. Land grading and improvement.
2. Street, alley and walkway grading and paving.
3. Bikeways and Trails.
4. Curbs, gutters, sidewalks, monuments and landscaping.
5. Fencing barriers, header boards and warning devices.
6. Sanitary sewers, storm drains and appurtenances.
7. Street lighting systems.
8. Fire hydrants and fire alarm system.
9. All public utility systems.
10. Street and walkway tree planting and landscaping.
11. Bulkheads, seawalls, retaining walls or other methods of land retention and sea level
rise adaptation.
12. Traffic signals, traffic control, regulatory, warning and guide devices.
b. The City may require additional improvements which it deems necessary, or may grant
exceptions to any of the above items that are obviously not applicable in any particular
division of land.
c. The City may require such off-site improvements as are necessary for local needs and
allowed by law.
30-86.3 Standards for Improvements.
All improvements shall be constructed in accordance with standard engineering practice
and in accordance with standard plans and specifications approved by the City.
30-86.4 Improvement Plans.
Before beginning any construction or installation of improvements, a complete set of plans,
profiles, cross sections, and other drawings for all improvements, together with a complete set of
detailed specifications for the work, shall be prepared by a civil engineer registered by the State
of California and submitted to the City Engineer for review and approval. All work shall be
according to City standards and specifications. The City Engineer shall be furnished, without cost,
one (1) or more complete sets of the signed plans as required. No work shall commence without
approved, signed plans.
30-86.5 Inspection by City Engineer.
The City Engineer shall have the right to enter upon the site of the work for the purpose of
inspecting the same and shall be furnished with samples of materials as may be required for the
making of tests to determine the acceptability of the materials. The subdivider shall pay to the
City the actual cost for the inspection of the work and checking materials in accordance with the
Master Fee Schedule.
30-86.6 Completion of Improvements.
Upon completion of improvements, the subdivider shall provide as-built drawings in the
form required by the City Engineer prepared by a civil engineer registered by the State of
California and electronic files compatible with the City's GIS system showing the subdivision as it
has been completed. The subdivider shall also provide recorded conditions, covenants and
restrictions documents, and other documents pertinent to the development as reasonably
determined by the City Engineer.
30-86.7 Supplemental Improvement Capacity.
a. Requirement to Supplement. As a condition of approval of a tentative map, there may be
imposed a requirement that improvements installed by the subdivider for the benefit of the
subdivision contain supplemental size, capacity, number or length for the benefit of
property not within the subdivision and that those improvements be dedicated to the
public, subject to the reimbursement agreement provisions of Sections 66486 and 66487
of the Subdivision Map Act.
b. Reimbursement Agreement. If such a requirement is imposed, the City shall enter into an
agreement with the subdivider to reimburse the subdivider for that portion of the cost of
those improvements, including an amount attributable to interest, in excess of the
construction required for the subdivision. The City Engineer shall determine the method
for payment of the costs, which may include:
1. The collection from other persons, including public agencies, using such
improvements for the benefit of real property not within the subdivision, a reasonable
charge for such use.
2. The contribution to the subdivider of that part of the cost of the improvements that is
attributable to the benefit of real property outside the subdivision and the levy of a
charge upon the real property benefited to reimburse the City for such costs, together
with interest thereon, if any, paid to the subdivider.
3. The establishment and maintenance of local benefit districts for the levy and collection
of such charge or costs from the property benefited.
30-86.8 Improvement Agreements.
a. General. If the improvements required by Section 30-86.2 are not completed prior to the
filing of the parcel map or final map, the subdivider shall enter into an improvement
agreement with the City for the construction of the required improvements. Such
agreement is subject to the approval of the City Manager as recommended by the City
Engineer and approved as to form by the City Attorney. The agreement shall provide for:
1. Construction of all improvements according to the approved plans and specifications
on file with the City Engineer.
2. Specified times for completion of improvements.
3. Right by City to require changes to the plans and specifications in accordance with the
development requirements and to require the subdivider to pay for the modifications.
4. Payment of applicable fees as set forth in the Master Fee Schedule.
5. Improvement security in accordance with Section 66499 et•seq. of the Subdivision
Map Act.
6. Posting of a performance bond for one hundred percent (100%) of the value of the
improvements, at prevailing wage, and, upon completion and acceptance by the City
of the improvements, a one (1) year warranty bond guaranteeing the constructed
improvements from defects.
7. Posting of a labor and materials bond for one hundred percent (100%) of the value of
the improvements, at prevailing wage, shall be required to guarantee payment to the
subdivider's contractor, subcontractors, and to persons furnishing labor, materials or
equipment for the construction or implementation of the improvements.
8. Indemnification, hold harmless, and defense (with counsel acceptable to the City) of
the City from and against any claim, action or proceeding against the City to attack,
set aside, void or annul an approval of the City concerning the subdivided property or
any portion thereof.
9. Any other provisions required by the City as reasonably necessary to comply with the
requirements of this chapter.
b. Deferred Agreements. An agreement may be made between the subdivider and the City
to defer the construction of public improvements until such time as the improvements are
necessary to preserve the general purposes of this title. No such agreement shall be valid
until and unless it is secured by a good and sufficient surety bond or cash deposit
adequate to cover all the costs and administrative expenses of the improvements in the
event of default. If the subdivider or subsequent owner of the subdivision desires to
construct the improvements, the City will release the deposit to the subdivider or
subsequent owner of the subdivision after the improvements are constructed, inspected,
and accepted as complete by the City.
30-86.9 Completion and Acceptance of Improvements.
a. Completion. The subdivider shall complete the subdivision improvements within twelve
(12) months from the recording of the parcel map or final map, or at a time approved by
the City Engineer, not to exceed twenty-four (24) months from the recording of the parcel
map or final map, unless an extension is granted by the City Manager. If the subdivider
fails to complete the improvements within the specified time, the City may, by resolution
of the City Council and at its option, cause any or all uncompleted improvements to be
completed and the parties executing the surety or sureties shall be firmly bound for the
payment of all necessary costs. All improvements are subject to inspection by the City
Engineer to ensure that they have been completed in accordance with the improvement
agreement.
b. Acceptance. Upon completion of the improvements required by the provisions of this
article, the subdivider or his authorized agent shall file a complete set of record drawings
in hard copy and electronic format with the City Engineer. Such record drawings shall be
certified as to accuracy and completeness by the subdivider's engineer of record. Upon
the receipt and acceptance of such record drawings for major subdivisions, the City
Engineer shall recommend to the City Manager the formal acceptance of the
improvements.
c. Acceptance of a Portion of Improvements. When requested by the subdivider in writing,
the City may consider acceptance of a portion of the improvements as recommended by
the City Engineer. The improvements will be accepted by the City only if it finds that it is
in the public interest and such improvements are for the use of the general public.
Acceptance of a portion of the improvements shall not relieve the subdivider from any
other requirements imposed by this chapter. Acceptance of a portion of the improvements
shall be in accordance with subsection b.
d. Reduction in Performance Bond. The City Engineer may authorize in writing a partial
release of the performance bond in conjunction with the acceptance of a portion of
improvements. The amount of the reduction shall be determined by the City Engineer,
however, in no event shall the City Engineer authorize a release of the improvement
security which would reduce the security to an amount below that required to guarantee
the completion of the improvements and any other obligation imposed by this ordinance,
the Subdivision Map Act, or the improvement agreement.
30-86.10 Dedications.
When required as a condition for approval of a tentative map or parcel map, the subdivider
shall dedicate or make an irrevocable offer of dedication of land within the subdivision that is
needed for:
a. Streets, Alleys and Other Public Rights-of-Way or Easements. Streets and alleys, as
shown in the General Plan, including access rights and abutters' rights, drainage, public
utility easements and other public easements, as deemed necessary by the City Engineer.
The waiver of direct access rights, as provided by Section 66476 of the Subdivision Map
Act, may be required if the City determines that the public interest necessitates such a
waiver.
b. Bicycle Paths. Bicycle paths, Bay Trail, and/or the Cross Alameda Trail as shown in the
General Plan for the use, safety, and benefit of the residents of the subdivision for the
purpose of connecting the subdivision to other neighborhoods in the City.
c. Transit Facilities. Local transit facilities such as bus turnouts, benches, shelters, landing
pads and similar items that directly benefit the residents of the subdivision.
d. Drainage Facilities. Storm drain rights-of-way or easements as deemed necessary by the
City Engineer.
30-86.11 Dedication for Transit Facilities.
a. The Planning Board may require dedication or irrevocable offer of dedication of land within
the subdivision for local transit facilities such as bus turnouts, benches, shelters and
similar items which directly benefit the residents of the subdivision if either, the tentative
map shows the potential for two hundred (200) dwellings or more if developed to the
maximum density or the subdivision contains one hundred (100) acres, and the Planning
Board finds that transit services are or will within a reasonable time period be made
available to such subdivision.
b. Such irrevocable offers may be terminated as provided in the Subdivision Map Act.
30-86.12 Acceptance of Dedications.
a. Action Upon Approval of Map. At the time the City approves a final map or parcel map,
the City shall also accept, accept subject to improvement, or reject any offer of dedication.
The City Clerk shall certify or state on the final map the City's action and the City Engineer
shall certify or state on the parcel map the City's action.
b. Rescission of Rejection. If, at the time the final map or parcel map is approved, any streets,
paths, alleys, public utility easements, rights-of-way for local transit facilities which directly
• benefit the residents of a subdivision, or storm drainage easements are rejected by the
City, the offer of dedication shall remain open and the City may at any later date, and
without further action by the subdivider, rescind its action and accept and open the streets,
paths, alleys, public utility easements, rights-of-way for local transit facilities or storm
drainage easements for public use, which acceptance shall be recorded in the office of
the Alameda County Recorder.
c. Termination of Offers. Offers of dedications may be terminated and abandoned in the
same manner as prescribed for the summary vacation of streets by California Streets and
Highways Code Division 9, Part 3 (commencing with Section 8300).
30-86.13 Recordation of Dedications.
The City shall record a certificate with the Alameda County Recorder for any dedication
for public purpose or for making public improvements or constructing public facilities, other than
for open space, parks, or schools. The certificate shall be included on the map and shall contain
the name and address of the subdivider dedicating the property, a legal description of the real
property being dedicated, and a statement that the City shall reconvey the property to the
subdivider if the City determines that the same public purpose for which the property was
dedicated does not exist, or the property or any portion thereof is not needed for public utilities.
30-87 ENFORCEMENT.
30-87.1 Prohibition.
The prohibitions in Section 66499.30 of the Subdivision Map Act shall apply to the sale,
lease, financing, construction or occupancy of any parcel or parcels of real property in the City of
Alameda until and unless all applicable requirements of this title and the Subdivision Map Act
have been complied with.
30-87.2 Penalty.
Penalties for violation of this title or the Subdivision Map Act shall be as provided in
Government Code Section 66499.31.
30-87.3 Remedies for Violations.
Remedies and procedures for violations shall be as set forth in Sections 66499.32,
66499.33, 66499.34 and 66499.36 of the Subdivision Map Act.
30-87.4 Certificate of Compliance.
a. A person owning real property or a buyer under a contract of sale may request a
certificate of compliance from the City Engineer indicating whether the real property
complies with the provisions of the Subdivision Map Act and this chapter. A written
application for a certificate of compliance shall be accompanied by a current preliminary
title report showing the legal owner of the property.
b. If the City Engineer determines that the real property complies with the provisions of the
Subdivision Map Act and this chapter, the City Engineer shall file a certificate of
compliance for recording with the Alameda County Recorder. The certificate of
compliance shall identify the real property and shall state that the division thereof
complies with the provisions of the Subdivision Map Act and this chapter.
c. If the City Engineer determines that the real property does not comply with the provisions
of the Subdivision Map Act or this chapter, the City Engineer may, as a condition to
granting a certificate of compliance, impose conditions in accordance with Section
66499.35(b) of the Subdivision Map Act. Upon the City Engineer's making such a
determination and establishing such conditions, the City Engineer shall file a conditional
certificate of compliance for record with the Alameda County Recorder. The certificate
shall serve as notice to the property owner and any successor that the fulfillment and
implementation of such conditions shall be required before subsequent issuance of a
permit or other grant of approval for development of the property. Compliance with such
conditions is not required until the City issues a permit or other grant of approval for
development of the property.
d. A recorded final map or parcel map constitutes a certificate of compliance with respect
to the parcels of real property described on the map.
e. The applicant for a certificate of compliance shall pay the City a fee to cover the
reasonable cost of processing the application as set forth in the Master Fee Schedule.
30-87.5 Judicial Action.
Challenges to actions taken pursuant to this title shall be governed by Sections 66499.37
and 66499.38 of the Subdivision Map Act.
30-87.6 Effect of approval or conditional approval of map.
Neither the approval nor conditional approval of any map shall constitute or waive
compliance with any other applicable provision of the Alameda Municipal Code nor shall any such
approval authorize or be deemed to authorize a violation or failure to comply with any other
applicable provisions of the code.
Section 3. Severability. If any provision of this Ordinance is held by a court of competent
jurisdiction to be invalid, this invalidity shall not affect other provisions of this Ordinance that can
be given effect without the invalid provision and therefore the provisions of this Ordinance are
severable. The City Council declares that it would have enacted each section, subsection,
paragraph, subparagraph and sentence notwithstanding the invalidity of any other section,
subsection, paragraph, subparagraph or sentence.
Section 4. Implied Repeal. Any provision of the Alameda Municipal Code inconsistent with the
provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby
repealed or modified to the extent necessary to effect the provisions of this Ordinance.
Section 5. Effective Date. 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.
Section 6. Authority. This Ordinance is enacted pursuant to the City of Alameda's general police
powers, Section 1-2 of the Charter of the City of Alameda, and Article XI of the California
Constitution.
//(f,
Presidi the City CoLncil
Attest:
14\AD.\
Lara Weisiger, Ci lerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by Council of the City of Alameda in regular meeting assembled on the 7th
day of May 2024, by the following vote to wit:
AYES: Councilmembers Jensen, Vella and Mayor Ezzy Ashcraft—3.
NOES: Councilmembers Daysog and Herrera Spencer—2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 8th day of May 2024.
(4/\/-10\
Lara Weisiger, City Clerk
City of Alameda
APPROVED FORM:
n orney
City of Ala