Alameda Municipal Code § 30-76 Tentative Maps

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 (1) 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.

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

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.

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

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 (18") inches by twenty-six (26") inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1") inch. 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 (1) 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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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 (6) years in accordance with subsection 30-76.10.

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

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.

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

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.

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