30-79 - PARCEL MAPS.

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.

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

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.

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

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.

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

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 fifteen (15) days of receiving the City's notification.

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

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.

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.

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

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.

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

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 forty five (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 forty five (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 sixty (60) days from the date of the appeal or call for review filing, whichever period is shorter.

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

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.

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

The form and content of a parcel map shall be the same as that of a final map, as set forth in Section 3078.2, 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.

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

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.

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

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.

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

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.

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