Chapter 16.04 — GENERAL PROVISIONS

This chapter shall be called the "subdivision ordinance of Alameda County."

(Prior gen. code § 8-1.0)

This chapter shall regulate subdivisions within the unincorporated area of the county pursuant to the Subdivision Map Act of the state of California.

(Prior gen. code § 8-1.1)

It is the intent of this chapter to promote the public health, safety, and general welfare; to assure in the division of land consistently with the policies of the county general plan and with the intent and provisions of the county zoning ordinance; to coordinate lot design, street patterns, rights-of-way, utilities and public facilities with community and neighborhood plans; to assure that areas dedicated for public purposes will be properly improved initially so as not to be a future burden upon the community; to preserve natural resources and prevent environmental damage; to maintain suitable standards to insure adequate, safe building sites; and, to prevent hazard to life and property.

(Prior gen. code § 8-1.2)

In addition to the specific responsibilities set forth herein, the following agencies and officers, or their duly authorized representatives, shall have the general responsibilities hereby designated:

A.

The planning commission is the advisory agency for all tentative and vesting tract maps and for all agricultural subdivisions.

B.

The planning director is the advisory agency for all tentative and vesting tentative parcel maps that are not agricultural subdivisions. The planning director may designate a representative to act as the advisory agency for tentative and vesting tentative parcel maps, and specifically may, in his or her sole discretion and at any point in the review process, designate the planning commission as the advisory agency for any tentative and vesting tentative parcel map.

C.

The board of supervisors is the appeal board for all subdivisions.

D.

The planning department is responsible for analyzing the design and coordinating the processing of all proposed subdivisions with county departments and public agencies, for making reports to the planning commission for those subdivisions for which the commission is the advisory agency, and, upon appeal, reporting thereon to the board of supervisors.

E.

The county engineer is responsible for reporting whether the proposed improvements are consistent with the design and improvement standards specified or referred to in this chapter, for the inspection and ultimate approval of all such improvements, and for making recommendations on the granting of variances under Section 16.16.120 of this title.

F.

The county health officer is responsible for establishing requirements for water supply, sewage disposal, and advising upon other matters affecting public health.

G.

The building official is responsible for enforcing the provisions of this chapter, except for such matters that are in the jurisdiction of the county surveyor. For such purpose, the building official shall have the powers of a police officer.

H.

The county surveyor is responsible for performing the duties specified in the Subdivision Map Act.

(Ord. 2004-62 § 1; Ord. 95-17 § 1 (part): prior gen. code § 8-1.3)

A.

No real property, or portion thereof, shown on the latest equalized county assessment roll as a unit or contiguous units and lying wholly or partially within the unincorporated portion of the county shall be divided into two or more parcels for the purpose of sale, lease or financing, whether immediate or future, unless prior thereto a tentative map is acted upon and a final map or parcel map has been filed in accordance with the provisions of this chapter, except for the cases of subdivision for which the advisory agency waives the requirement for filing a parcel map based on the findings: (1) that the proposed subdivision complies with requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter: (2) that waiving the parcel map will not be materially detrimental to the public welfare: and (3) that filing of a parcel map will not be materially detrimental to the public welfare: and (4) that filing of a parcel map would impose an unusual hardship to the subdivider.

B.

A tentative map is required but no parcel map or final map is required for the following cases of subdivision:

1.

The subdivision results in parcels that each are of an area of forty (40) acres or more or are quarter-quarter sections.

2.

The subdivision is for the purpose of leasing commercially or industrially zoned land for a period not exceeding five years.

3.

The subdivision is for the purpose of conveying one or more contiguous recorded parcels which were separate, legal building sites when acquired by the property owner.

4.

The subdivision is for the purpose of leasing for a short term (terminable by either party on not more than thirty (30) days' notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code.

5.

The subdivision is for conveyance of land to a public agency or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases,

upon substantial evidence, that public policy necessitates such a parcel map.

C.

No person shall sell or lease or contract to sell or lease any subdivision, or any part thereof, until a final map or parcel map thereof in full compliance with the provisions of this chapter has been filed in the office of the recorder of this county, except for the cases listed in subsection A of this section for which only a tentative map need be acted upon.

D.

Any deed of conveyance, sale or contract to sell made contrary to the provisions of this chapter is voidable to the extent allowable and in the same manner provided for violation of the Subdivision Map Act.

E.

Any sale, contract to sell, or deed of conveyance made contrary to the provisions of this chapter is a misdemeanor and is punishable by a fine of not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00), or imprisonment in the county jail for a period of not more than six months, or both.

F.

At such time as the building official becomes aware of a land division in violation of the provisions of this chapter, he shall record a notice of intention to record a notice of such violation in the office of the county recorder of this county, describing the land so divided, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence. A copy of such notice will be mailed to the owner. The notice shall specify a time, date, and place at which the owner may present evidence to the advisory agency why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the building official shall record a release of the notice of intention to record a notice of violation. If, however, after the owner has presented evidence, the advisory agency determines that the property has in fact been illegally divided, or if within sixty (60) days of receipt of such copy the owner fails to inform the local agency of his objection to recording the notice of violation, a notice of violation shall be recorded with the county recorder. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The county recorder shall index the names of the fee owners in the general index. Nothing in this section shall be deemed to require such recording as a condition precedent to the enforceability of any other provision of this chapter.

G.

Pursuant to the request of any person owning real property, or purchasers of the property under a contract of sale, the planning director, upon determination that the property complies with provisions of the Subdivision Map Act and this chapter, shall record a certificate of compliance. If the property does not comply, conditions may be applied as would have been applicable to the subdivision creating the property. Upon applying such conditions, the planning director shall record a conditional certificate of compliance. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the

property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions are not required until such time as a permit or other grant of approval for development of such property is issued by the local agency.

H.

Neither the approval nor conditional approval of any tentative map shall constitute or waive compliance with any other applicable provision of the Alameda County General Ordinance Code, nor shall any such approval authorize or be deemed to authorize a violation or failure to comply with other applicable provisions of said code.

(Prior gen. code § 8-1.4)

All words and terms used in the chapter shall have the same meaning as defined and used in the Subdivision Map Act.

"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 subdivisions of real property, the imposing of requirements or conditions thereon, or having the authority by this chapter to approve, conditionally approve, or disapprove maps.

"Agricultural subdivision" means any subdivision proposed in the A (agricultural) district, or in any PD (planned development) district based on the A district, except that any subdivision so zoned and proposed pursuant to and in accordance with the policies of the South Livermore Valley Area Plan dated February 23, 1993, as amended, is not defined as an "agricultural subdivision."

"Map" means either parcel map or final map.

"Subdivider" means a person, firm, corporation, partnership, or association, who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, 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. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (d) of Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code.

(Ord. 96-69 § 6 (part); Ord. 95-17 § 1 (part); prior gen. code § 8-1.5)