Alameda County Municipal Code Ch. 16.08 Tentative Maps

All tentative maps shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

(Ord. 95-17 § 1 (part): prior gen. code § 8-2.0)

The final map or parcel map number shall be assigned by and obtained from the county recorder.

(Prior gen. code § 8-2.1)

The time of filing shall be the time a complete application is received by the planning director and all required environmental work under the California Environmental Quality Act is completed. A complete application shall include the prescribed number of copies of the tentative map, all supplemental materials required under Section 16.08.050 of this chapter, and all required filing fees of deposits as may be set by county ordinance.

(Ord. 95-17 § 1 (part): prior gen. code § 8-2.2)

The form of the tentative map and the number of copies required for filing shall be as prescribed by the planning director. The planning director may authorize deletion of reduction of map requirements on the determination that the map contains sufficient information to be evaluated adequately and preparing it in the prescribed form would impose an unusual hardship upon the subdivider. The planning director may require additional information or materials as indicated in Section 16.08.050 of this chapter.

(Ord. 95-17 § 1 (part): prior gen. code § 8-2.3)

For any subdivision into five or more lots and, when required by the advisory agency, for any other subdivision, the tentative map shall include:

A. A preliminary grading plan prepared by a civil engineer registered by the state;

B. A conceptual plan for soil erosion and sediment control for both construction and postconstruction periods prepared by the civil engineer, or, with respect to the soil erosion control provisions, by a landscape architect registered by the state;

C. A soils-geologic investigation report prepared by a licensed geologist, certified engineering geologist, or a registered civil engineer or soil engineer as provided by Section 6736.1 of the Profession Engineers' Act.

Said data and material shall be consistent with requirements and specification of the county grading ordinance. Additional reports and data may be required by the planning director when deemed necessary due to the scale of the proposed subdivision or presence of potentially hazardous or environmentally sensitive conditions. These may include, but are not limited to:

D. A traffic study, prepared by a licensed traffic engineer;

E. A visual analysis, prepared by a qualified consultant as determined by the planning director;

F. For conversion of multiple units from rentals to ownership that are being done in conjunction with a site development review: building elevations, a parking plan, and a landscape plan. These materials shall be prepared as required for site development review;

G. A plan showing building pad location and driveway access to the individual lots;

H. A noise study, prepared by a qualified consultant as determined by the planning director.

In addition to the above material, all tentative maps shall include information as required by the planning director in its "Subdivision: Submittal Requirements" publication or equivalent.

(Ord. 95-17 § 1 (part): prior gen. code § 8-2.4)

The advisory agency shall conduct a noticed public hearing on all subdivisions. Hearing procedures shall be established by the advisory agency.

(Prior gen. code § 8-2.41)

The advisory agency shall give notice for all hearings before the advisory agency on a hearing for a subdivision. In addition to such notice as the Government Code may require, notice shall be given as follows:

A. Once an application is accepted as complete:

1. The applicant shall post a notice on the property. Except as otherwise provided in this subsection, the notice shall be on a sign two feet by three feet in dimension, constructed of wood or metal, and secured to the ground to the satisfaction of the planning director. The planning director, at his or her discretion, may allow smaller signs, but not smaller than eleven (11) inches by seventeen (17) inches, of heavy card stock laminated with plastic for minor projects; or may require larger signs, up to a maximum of four feet by six feet, for projects of significant public interest or where visibility may be an issue. The notice shall contain the project file number; the name of the applicant; the project address or location if there is no address; the assessor's parcel number(s); a map showing the parcel(s) involved in the project; a brief description of the project; site plans and elevations if appropriate; applicant contact information; tentative hearing date(s) (if available); a statement that additional information, including the hearing date(s) is available by contacting the planning department either by telephone or in person; and other relevant information as the planning director may require. The sign shall also include space for public notices. Such on-site notices shall be placed parallel to and as close as possible to each street lot line of the site; if a street frontage is more than six hundred (600) feet in length, there shall be a second, identical, notice posted along that street frontage. Signs must be visible to pedestrians and motorists and may not be posted in the public right-of-way. On-site notices may not be affixed to the outside of a window, but, where the planning director, or his or her designee, determines that there is no reasonable way to mount the sign in the ground, may be placed inside a window so long as it is clearly visible to passersby. This notice shall remain in place until final action on the project, including appeals. The applicant shall remove the notice within ten working days of the final action.

2. The planning department shall mail a preliminary notice to all property owners and residents located within five hundred (500) feet of the exterior limits of the property or properties that are the subject of the application as listed on the most recent assessor's rolls coupled with the Geographic Information System or Emergency 911 address lists. The planning director, at his or her discretion, may mail this notice to all property owners and residents located within one thousand (1,000) feet of the exterior limits of the property. This notice shall contain the project file number; the name of the applicant; the project address or location if there is no address; the assessor's parcel number(s); a map showing the parcel(s) involved in the project; a brief description of the project; site plans and elevations if appropriate; a tentative hearing date (if available); a statement that additional information, including the actual hearing date(s), is available by contacting the planning department either by telephone or in person; and other relevant information as the planning director may determine.

B. No less than ten days prior to the hearing the planning department shall:

1. Mail a notice to all property owners and residents located within five hundred (500) feet of the exterior limits of the property or properties that are the subject of the application as listed on the most recent assessor's rolls coupled with the Geographic Information System or Emergency 911 address lists. The planning director, at his or her discretion, may mail this notice to all property owners and residents located within one thousand (1,000) feet of the exterior limits of the property. If the number of owners located within three hundred (300) feet of the real property that is the subject of the hearing to whom notice would be mailed or delivered pursuant to this section is greater than one thousand (1,000) feet, the planning department may, in lieu of mailed or delivered notice, provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the community or area where the subdivision is proposed at least ten days prior to the hearing. Such notice shall contain the information required in subsection (A)(2) of this section.

2. Post a Notice on the Property. The above notices shall contain all that information required by pertinent Government Code sections and in subsection (A)(1) of this section, including, but not limited to, the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.

(Ord. 95-17 § 1 (part): prior gen. code § 8-2.42.

(Ord. No. 2009-17, § 1, 4-14-09)

The advisory agency shall approve, conditionally approve, or disapprove tentative maps of subdivisions normally within fifty (50) days after filing of a complete application, including completion of environmental review as required under the California Environmental Quality Act. Conditions of approval may include, but are not limited to dedication and improvement of streets; alleys, including access rights and abutters' rights; and drainage, public utility, and other public easements. The advisory agency may require establishment of a maintenance agreement or homeowners' or property owners' association(s) to maintain private streets and other common areas, and may require a minimum deposit to establish an initial or long term reserve fund or both for use by the future property owners.

(Ord. 95-17 § 1 (part): prior gen. code § 8-2.5)

No tentative map shall be approved which is not in conformance with the provisions of this chapter, the county zoning ordinance and any other ordinance of this county.

(Prior gen. code § 8-2.6)

A. The board of supervisors shall be the appeal board.

B. Within ten days after action, the subdivider or any interested person may appeal from any action of the planning director or the planning commission to the board of supervisors. In determining whether the ten-day appeal period has been met, the time taken to appeal is measured from the date of the action taken by the planning director or planning commission to the time the appeal is received by the clerk of the board of supervisors. If the tenth day falls on a Saturday or Sunday, or on an official county holiday, the next county business day shall be the last day for filing the appeal. Appeals to the board of supervisors shall be submitted in writing to the clerk of the board or the planning department, which is designated as an agent of the clerk of the board for purposes of receiving a notice of appeal. Appeals shall reference the tentative map number and shall state fully the nature and extent of the appeal and the reasons why it is taken. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Sections 66452.5(a) and (b) and subsection C of this section. If in considering an appeal, the board of supervisors determines that in the time since the decision being appealed was made, new information has arisen that may have affected the advisory agency's evaluation of the matter before it, the board of supervisors may remand the appeal to the advisory agency for an advisory ruling on the new information prior to the board of supervisors sustaining, modifying, or overruling an order brought before it on appeal.

C. Whenever a public hearing is held pursuant to this section, it shall be conducted as required by Government Code Section 66451.3. Notice of the time and place thereof and a general description of the location of the proposed subdivision shall be given at least ten days before the hearing by publication once in a newspaper of general circulation and published and circulated in the county of Alameda and as stated in Section 16.08.070 of this chapter. Any interested person may appear at such hearing and shall be heard.

D. Any interested person adversely affected by a decision of the advisory agency may file an appeal on a form to be provided by the county planning department with the clerk of the board of supervisors or the planning department concerning such decision. The planning department is designated as an agent of the clerk of the board for purposes of receiving a notice of appeal. Any such appeal shall be filed within ten days after the action which is the subject of the appeal. The board of supervisors may, in its discretion, reject the appeal within fifteen (15) days or set the matter for public hearing. If the board rejects the appeal, the appellant shall be notified of such action by the clerk of the board of supervisors.

(Ord. 96-69 § 6 (part); Ord. 95-17 § 1 (part): prior gen. code § 8-2.7)

(Ord. No. 2009-17, § 2, 4-14-09; Ord. No. 2010-22, § 3, 6-29-10)

Any of the time limits for action or report may be extended by mutual consent of the subdivider and the advisory agency. To the extent permitted by law, the time limits specified herein and by statute shall be deemed directory, and any failure of the advisory agency or board of supervisors to comply with them shall not affect the validity of the action taken. Time limits for action shall be suspended during the time necessary for preparation of an initial study, negative declaration, environmental impact report, or any other environmental work that may be required under the California Environmental Quality Act.

(Ord. 95-17 § 1 (part): prior gen. code § 8-2.8)

The approval of a tentative map shall be effective for three years. Upon application of the subdivider during the effective period, an extension of the effective period not exceeding three years may be granted by the planning director, who is designated the advisory agency for this purpose, upon the determination that circumstances under which the map was approved have not changed to the extent which would warrant a change in the design or improvement of the tentative map. The planning director shall take action on applications for time extension within ten working days after receipt.

(Prior gen. code § 8-2.9)