30-75 - GENERAL PROVISIONS.

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.

(Ord. No. 3369 N.S., 5-7-2024)

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.

(Ord. No. 3369 N.S., 5-7-2024)

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.

(Ord. No. 3369 N.S., 5-7-2024)

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.

(Ord. No. 3369 N.S., 5-7-2024)

The time limits specified in this Article for reporting and acting on maps may be extended by mutual consent of the City and applicant.

(Ord. No. 3369 N.S., 5-7-2024)

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.

(Ord. No. 3369 N.S., 5-7-2024)

30-76 - TENTATIVE MAPS.