Chapter 22

SUBDIVISION

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City of Albany, CA

ALBANY CODE

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City of Albany, CA

SUBDIVISION

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City of Albany, CA § 22-1.1

SUBDIVISION

§ 22-1.7

As used in this chapter:

ACREAGE — Shall mean any parcel of land which is not a lot, as defined in this section and those areas where a legal subdivision has declared such parcel as acreage.

BLOCK — Shall mean the area of land within a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.

CITY STREET — Shall mean any duly dedicated street, avenue or the like which the City has accepted and regularly maintains, or which the County duly accepted and regularly maintained prior to the incorporation of the City, or upon which public funds have been expended for improvements or rights-of-way used by the public generally.

COLLECTOR STREET — Shall mean a street, intermediate in importance between a local street and either a major or secondary thoroughfare, which collector street has the purpose of collecting local traffic and carrying it to a thoroughfare.

COMMUNITY APARTMENT PROJECT — Shall be defined as provided in the State Business and Professions Code, Section 11004.

CONDOMINIUM — Shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property.

CONVERSION — Shall mean the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings.

DESIGN — Shall mean:

• a.

  • Street alignments, grades, and widths;

• b. Drainage and sanitary facilities and utilities, including alignments and grades;

• c.

  • Location and size of all required easements and rights-of-way;

• d. Fire roads and fire breaks;

• e.

  • Lot size and configuration;

• f. Traffic access;

• g.

  • Grading;

• h.

  • Land to be dedicated for park or recreational purposes;

• i. Other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with or implementation of the General Plan or any adopted specific plan.

EASEMENT — Shall mean an easement dedicated to the City, which shall be continuing and irrevocable unless formally abandoned by the City, and any other easement whether owned by a public entity, public

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City of Albany, CA § 22-2.1

SUBDIVISION

ENVIRONMENTAL IMPACT REPORT (EIR) — Shall mean a detailed statement under the California Environmental Quality Act (CEQA) describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects.

FINAL MAP — Shall mean a map showing a subdivision for which a tentative and final map are required by the Subdivision Map Act designed to be recorded in the office of the County Recorder.

GENERAL PLAN — Shall mean the General Plan of the City, adopted June 30, 1975, and any amendments thereto.

IMPROVEMENTS — Shall mean streets, storm drainage facilities, utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map. Other specific improvements or type of improvements, the installation of which, either by, or by a combination of, the subdivider, public agencies, private utilities or any other entity approved by the City, is necessary to ensure consistency with, or implementation of the General Plan, or any adopted specific plan. Improvements shall be constructed in accordance with City specifications as required by the City Engineer and/or, when applicable, with standards as adopted by local utility companies and approved by the City Engineer.

LOT — Shall mean a parcel or portion of land separate from other parcels or portions by descriptions, as on a subdivision map or parcel map, or by such other map approved by the County or by the City under the provisions of the Subdivision Map Act and of City ordinances in effect at the time of such approval for the purposes of sale, lease or financing.

LOT LINE ADJUSTMENT — Shall mean a minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created, as approved by the City Engineer and the Planning Director.

MERGER — Shall mean the joining of two (2) or more contiguous parcels of land under one (1) ownership into one (1) parcel.

PARCEL MAP — Shall mean a map showing a division of land of four (4) or less parcels as required by this chapter, prepared in accordance with the provisions of this chapter and the Subdivision Map Act.

PRIVATE STREET — Shall mean any street, accessway, or the like, lying in whole or in part within a subdivision for which dedication and ownership is privately held and is utilized as access to a development. Design standards for private streets may be identical to City streets, or may be constructed to less standards than City streets, as determined by the City Engineer.

REMAINDER — Shall mean that portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development.

STANDARD ENGINEERING SPECIFICATIONS — Shall mean those standard Subdivision Improvement Plans and Specifications as prepared and/or approved by the City Engineer.

STATE COOPERATIVE PROJECT — Shall be defined as provided in the State Business and Professions Code, Section 11003.2.

SUBDIVIDER — Shall mean a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided, real property into a subdivision for oneself or for others. Employees and consultants of persons or entities, acting in that capacity, are not "subdividers".

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City of Albany, CA § 22-2.1

ALBANY CODE

§ 22-2.1

SUBDIVISION — Shall mean the division, by any subdivider, of any unit or units of improved or unimproved contiguous 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 easements or railroad rights-of-way.

SUBDIVISION — Shall mean and include a condominium project as defined herein or in Section 1350 of the Civil Code, or a community apartment project as defined in Section 11004 of the Business and Professions Code, or the conversion of existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. "Subdivision" shall include any division of land by gift or inheritance, but not including a division for probate homestead. Any conveyance of land to a governmental agency, public entity, public utilities or subsidiary of a public utility for conveyance to that public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.

SUBDIVISION MAP ACT (SMA) — Shall mean State of California Government Code Sections 66410 to 66499 inclusive.

TENTATIVE MAP — Shall mean a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.

VESTING TENTATIVE MAP — Shall mean a tentative map for residential subdivision, as defined in Section 22-7 of this chapter, that have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with subsection 22-4.2, and is thereafter processed in accordance with the provisions of Section 22-7 of this chapter.

ZONING ORDINANCE — Shall mean the Zoning Ordinance [1] of the City, or any ordinance enacted under zoning law adopted June 30, 1975 and any amendments thereto.

1. Editor's Note: The City Zoning Ordinance is codified in Chapter 20 of this Code.

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City of Albany, CA § 22-3.1

SUBDIVISION

§ 22-3.3

The form and contents, submittal and approval of tentative maps for five (5) or more parcels shall be governed by the provisions of this section.

The tentative map shall be prepared in a manner acceptable to the City and shall be prepared by a registered civil engineer or licensed land surveyor. The following information must be submitted:

• a. A preliminary title report, prepared within six (6) months prior to filing the tentative map.

• b. The tentative map clearly drawn at a scale of one inch equals one hundred (1" = 100') feet or greater, and showing:

  1. A title which shall contain the subdivision name and type of subdivision;

  2. Name and address of legal owner, subdivider and person preparing the map, including registration and license number;

  3. Sufficient legal description to define the boundary of the proposed subdivision;

  4. Date, north arrow, scale, contour interval, and source and date of existing contours;

  5. A small scale diagram or key map showing the exterior boundaries of the subdivision with suitable ties to readily locate the property, tract names or other designations of adjacent subdivisions, and the location of the proposed subdivision in relation to the existing streets and any community facilities which serve or influence it;

  6. Contour lines at intervals of not more than one (1') foot where the natural slope of the land is five (5%) percent or less, and at intervals of five (5') feet where the natural slope of the land is more than five (5%) percent. The City Engineer may authorize a contour interval of ten (10') feet where the natural slope of the land exceeds fifteen (15%) percent. The topographic information shall be sufficient to show fully the configuration of the land and any and all depressions that may present drainage problems, and shall extend at least one hundred (100') feet beyond the tract boundaries or greater distance if necessary to show any typical condition which affects the design of the subdivision unless waived by the City Engineer;

  7. The location of all potentially hazardous areas, including any portion of the site identified by the Seismic Safety and Open Space and Conservation sections of the Albany General Plan;

  8. The location, width and direction of flow of all water courses, including tide waters, and the approximate location of all areas subject to inundation or storm water overflow;

  9. The location, width and purpose of all existing and proposed easements for utilities, drainage and other public purposes, shown by dashed lines, within or adjacent to the subdivision;

  10. The location of storm sewer mains, channels, levees, holding ponds, lagoons, creeks or other drainage works, and the location and type of all existing sanitary sewers, water mains and other public utilities in or adjacent to the subdivision, including information on sizes, capacities, invert elevations and other data as prescribed by the City Engineer;

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City of Albany, CA § 22-4.2

SUBDIVISION

12. The location, width, grade and name or designation of all existing and proposed highways, streets, alleys, pedestrianways, trails and other rights-of-way within or adjacent to the subdivision, the radius of each centerline curve, and the location of any planned street widening line or other public project within or adjacent to the subdivision;

13. The location and type of use existing on the site and an indication of those to remain on the site;

14. The boundaries of existing and proposed public areas within or adjacent to the subdivision, the existing or intended use thereof, and the approximate area of each in square feet to the nearest one-tenth (1/10) acre, whichever is most appropriate to the size of the parcel;

15. Any limitation on the rights of ingress or egress from streets and parcels of land, and the location and approximate width of any non-access parcel;

16. The approximate location of the 55, 60, 65, 70 dBA contours, if applicable.

• c. A statement covering the existing and proposed zoning of the property, existing and proposed uses, including specific detail on any public uses proposed and the proportion of the total area of the subdivision represented by each such use, any proposed deed restrictions, and information pertinent to whether the proposed subdivision and the provisions for its design and improvement are consistent with the General Plan or any applicable specific plan.

• d. A statement describing the purposes of all existing and proposed easements and all construction and use restrictions pertaining to such easements.

• e.

  • A statement describing the proposed provisions for drainage and flood control.

• f. Typical cross-sections and proposed grades of all highways, streets, alleys, pedestrianways, trails and other public rights-of-way, and details of curbs, gutters, sidewalks and any other improvements drawn at such a scale as to show clearly all pertinent details.

• g. A preliminary grading plan drawn at the same scale as the tentative map and having the same contour intervals, showing all graded areas, the top and toe of all cut and fill slopes and the angle thereof, the location and height of any retaining structure, daylight lines, padded areas and specific provisions for erosion control.

• h. A statement describing the proposed provisions for water supply, gas and electricity, storm water runoff, sewage and any other utilities. Acknowledgement that adequate capacity is available to serve the site should be included from each applicable agency or company.

• i. A statement describing the location of existing community facilities, including schools, parks, playgrounds, fire and police stations, shopping centers and other such facilities, which would serve the proposed subdivision.

• j. Information shall be submitted as required by the Planning Director to allow a determination on Environmental Review to be made in accordance with CEQA.

• k. Any other information that may be required by the Planning and Zoning Commission or the Planning Director.

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City of Albany, CA § 22-4.3

ALBANY CODE

§ 22-4.5

• a. A preliminary engineering soils report and engineering geology report, prepared by a civil engineer or engineering geologist registered in the State and based upon adequate borings, shall be submitted to the City Engineer for every subdivision.

• b. A preliminary soils and/or geology report may be waived by the City Engineer provided the City Engineer finds that, due to the knowledge the City has as to the soil and geologic conditions in the subdivision, no preliminary analysis is necessary. Such knowledge would include the nature, distribution and strength of the existing soils, and the necessary grading procedures and design criteria for corrective measures, and the geology of the site and the effect of geologic conditions on the proposed development.

• c. If the City has knowledge of, or the preliminary soils and geology reports indicate, the presence of soil or geologic conditions which, if corrective measures are not taken, would lead to structural defects, a soils and/or geologic investigation of each lot in the subdivision may be required by the City Engineer. Such soils and/or geologic investigation shall be done by a civil engineer and/or geologist registered in the State who shall recommend regarding the adequacy of the sites to be developed by the proposed grading and the effect of the soil or geology on the proposed development. The City may approve the subdivision, or portion thereof, where soils or geologic problems exist if the City determines that the recommended actions provide for procedures and design criteria for corrective measures as necessary covering the structures and adequacy of the sites to be developed by the proposed grading. A condition of the issuance of any building permit may require that the approved recommended action be incorporated in the grading plans and/or specifications and, if necessary, the plans and specifications for the construction of each structure.

• d. Where preliminary soils and/or geology reports are prepared, a final report shall be submitted prior to the acceptance of the improvements or the release of occupancy permits indicating the specific actions taken pursuant to the preliminary report recommendations. Such reports shall have sufficient field data submitted to indicate full compliance with the preliminary or subsequent progress report recommendations as they were applied to specific areas or improvements.

Each street which is to be dedicated, which is a continuation of, or approximately the continuation of, any existing dedicated street, shall be shown on the tentative map and shall be given the same name as such existing street. The proposed name of each other street shown on the tentative map shall be submitted to the City for approval. If such name is not a duplication of, or so nearly the same as to cause confusion with, the name of any existing street located in the City, or in close proximity thereto, and if such name is appropriate for a street name, such name shall be approved by the City. Where any such street forms a portion of any proposed street ordered by the Council to be surveyed, opened, widened, or improved, and such street is shown on the final map, the name of such street shall be the same as the name contained in the order of the Council. The words "avenue", "boulevard", "place", "way", "court" or other designation of any street shall be spelled in full on the map, and such terms shall be approved by the City.

The tentative map shall be accepted for filing only when the map conforms to subsection 22-4.2 and when all accompanying data or reports, as required by subsection 22-4.2 have been submitted and accepted by the City. The subdivider shall file with the City the number of tentative maps the Planning Director may deem necessary. The Department shall forward copies of the tentative map to the affected public agencies up to and including public utilities and the Albany Unified School District, which may, in turn, forward to the Department their findings and recommendations. Public agencies and utilities shall certify that the

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City of Albany, CA § 22-4.5

SUBDIVISION

• a. Notice of Public Hearings. Upon receipt of an application that is accepted as complete by the City, the Planning Director shall prepare a report with recommendations and shall set the matter for public hearing. At least ten (10) calendar days before the public hearing, a notice shall be given of the time, date and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved. The notice shall be published at least once in a newspaper of general circulation, or posted in three (3) established public places in accordance with Government Code Section65090.

In addition to notice by publications, the City shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred (300') feet of the property which is the subject of the proposed application. A proposed conversion of residential real property to a condominium, community apartment, or stock cooperative project shall be noticed in accordance with Section 66451.3 of the Subdivision Map Act.

In the event that the proposed application has been requested by a person other than the property owner shown on the last equalized assessment roll, the City shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll. In addition, notice shall be given by first class mail to any person who has filed a written request with the City. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year.

Substantial compliance with these provisions for notice shall be sufficient and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this section.

• b. Action. The Planning and Zoning Commission shall approve, conditionally approve, or deny the tentative map.

• c. Approval. The tentative map may be approved or conditionally approved by the Planning and Zoning Commission if it finds that the proposed subdivision, together with the provisions, for its design and improvement, are consistent with the General Plan, any applicable specific plan, and all other local laws as set forth in the Code.

The Planning and Zoning Commission may modify or delete any of the conditions or approval recommended in the staff report, except conditions required by City ordinance or by the City Engineer related to public health and safety. The Planning and Zoning Commission may add additional requirements as a condition of its approval.

If no action is taken by the Planning and Zoning Commission within the time limits specified in the Subdivision Map Act, the tentative map, as filed, shall be deemed to be approved if it complies with any other applicable provisions of City ordinances, the Subdivision Map Act or this chapter.

• d. Denial. The tentative map may be denied by the Planning and Zoning Commission on any of the grounds provided by City ordinances or the Subdivision Map Act and any of the following findings:

  1. That the proposed map is not consistent with the General Plan, any applicable specific plan or the Zoning Ordinance of the City;

  2. That the design or improvement of the proposed subdivision is not consistent with the General Plan or any applicable specific plans, or the Zoning Ordinance of the City;

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City of Albany, CA § 22-4.6

ALBANY CODE

4. That the site is not physically suitable for the proposed density of development;

5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

6. That the design of the subdivision or the type of improvements are likely to cause serious public health problems;

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the Planning and Zoning Commission may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the Planning and Zoning Commission to determine that the public at large has acquired easements for access through, or use of, property within the proposed subdivision.

If a tentative map is approved or conditionally approved, any member of the City Council shall have the right to call up the tentative map for City Council review by a written request to the City Clerk within ten (10) days of the final action by the Planning and Zoning Commission. If the Council decides to review the map and conditions, it shall conduct a public hearing after giving notice pursuant to subsection 22-4.6a, within thirty (30) days after the date of request to review has been received. In addition, notice shall be given to the subdivider and the Planning and Zoning Commission. At that hearing the Council may add, modify or delete conditions when the Council determines that such changes are necessary to ensure that the tentative map conforms to zoning conditions imposed upon the property, applicable City ordinances, and of the Subdivision Map Act. The City Council may deny the tentative map on any of the grounds contained in subsection 22-4.6d.

Any applicable limits for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning and Zoning Commission or the City Council for up to two (2) years. A waiver of applicable time limits may be required to permit concurrent processing of related project approvals or environmental review on the same development project.

Appeals of any Planning and Zoning Commission action with respect to the tentative subdivision map shall be made within ten (10) days of the decision to the City Clerk. The City Council shall consider the appeal within thirty (30) days after the date of filing of the appeal. Within seven (7) days following the conclusion of the hearing the City Council shall render its decision. The appeal shall be a public hearing after notice has been given according to subsection 22-4.6a. The Council may sustain, modify, reject, or overrule any recommendations or rulings of the Planning and Zoning Commission and may make any findings which are consistent with the provisions of this chapter or the Subdivision Map Act.

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City of Albany, CA § 22-4.10

SUBDIVISION

§ 22-4.12

If the Council does not act within the time limits set forth in the Subdivision Map Act, the tentative map shall be deemed to have been approved or conditionally approved by the Planning and Zoning Commission insofar as it complies with the Subdivision Map Act, this chapter and other City ordinances. The approval, or conditional approval, of a tentative subdivision map shall expire twenty-four (24) months from its approval by the Planning and Zoning Commission or City Council as provided in the Subdivision Map Act. An extension to the expiration date may be approved as provided in subsection 22-4.11.

The period of time specified above shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval, or conditional approval, of a tentative map only if a stay of the time period is approved by the Planning and Zoning Commission. After service of the initial petition or complaint upon the City, the subdivider shall, in writing, to the Planning Director, request a stay in the time period of the tentative map. Within forty (40) days after receiving the request, the Planning and Zoning Commission shall either stay the time period for up to five (5) years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the Planning and Zoning Commission shall either stay the time period for up to five (5) years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the Planning and Zoning Commission shall, within ten (10) days, render its decision. The subdivider, or any interested person may appeal the action of the Planning and Zoning Commission on the stay to the City Council within ten (10) days of such action in accordance with subsection 22-4.9 of this chapter. The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6 of the Subdivision Map Act.

• a. Request by Subdivider. The subdivider or the engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Planning Director. The application shall be filed not less than thirty (30) days before the map is to expire and shall state the reasons for requesting the extension.

• b. Planning and Zoning Commission Action. The Planning Director shall review the request and submit the application for approval, conditional approval or denial within thirty (30) days to the Planning and Zoning Commission. A copy of the Planning Director's report shall be forwarded to the subdivider prior to the meeting on the extension.

• c. Time Limit of Extensions. The time at which the tentative map expires may be extended for a period not exceeding a total of three (3) years.

• d. Appeal of Extension. The subdivider or any interested affected person may appeal any action of the Planning and Zoning Commission on the extension to the City Council within ten (10) days of such action in conformance to subsection 22-4.9 of this chapter. If the Council does not act within the time limits set forth in the Subdivision Map Act, the extension shall be deemed to have been approved, or conditionally approved, by the Planning and Zoning Commission, insofar as the tentative map complies with the Subdivision Map Act, this chapter or other City ordinances.

Minor changes in the tentative map may be approved by the City upon application by the subdivider or on the City's own initiative, provided:

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City of Albany, CA § 22-4.12 ALBANY CODE

• b. Changes are consistent with the intent and spirit of the original tentative map approval;

• c. There are no resulting violations of the Municipal Code.

Any revision shall be approved by the Planning Director and the City Engineer. The amendment shall be indicated on the approved map and certified by the Planning Director and the City Engineer. Amendments of the tentative map, which, in the opinion of the City Engineer or the Planning Director, are not minor, shall be presented to the Planning and Zoning Commission for approval. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this section. Any approved amendment shall not alter the expiration date of the tentative map.

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City of Albany, CA § 22-5.1

SUBDIVISION

§ 22-5.4

§ 22-5 FINAL SUBDIVISION MAPS, FIVE OR MORE PARCELS

The form, contents, accompanying data and filing of the final map shall conform to the provisions of this section and the Subdivision Map Act.

The final map shall be prepared by or under the direction of a civil engineer or licensed land surveyor.

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map is filed, informs the Planning Director of the subdivider's intention to file multiple final maps on the tentative map. In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps. The Planning and Zoning Commission shall approve the sequence of map approvals. After filing of the tentative map, the Planning Director and the subdivider shall concur in the filing of multiple final maps.

The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the requirements to provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, center lines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed one-ten thousands (1/10,000) for field closures and one-twenty thousands (1/20,000) for calculated closures.

At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the State Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At least one (1) exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the City Engineer.

The form in the final map shall conform to the Subdivision Map Act and as follows:

• a. The final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

• b. 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 not be less than one inch equals one hundred feet (1" = 100') at the discretion of the City Engineer, or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the

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City of Albany, CA § 22-5.4

ALBANY CODE

§ 22-5.5

map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four (4) or more sheets, including the certificate sheet, are used, a key sheet shall be included. All printing or lettering on the map shall be of one-eighth (1/8") inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings. The final form of the final map shall be as approved by the City Engineer.

The contents of the final map shall conform to the Subdivision Map Act and as follows:

• a. Boundary. The boundary of the subdivision shall be designated by a heavy black line in such a manner as not to obliterate figures or other data.

• b. Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "City of Albany, Alameda County."

• c. Certificates. The following certificates shall appear only once on the cover sheet:

  1. Owner's Certificate. A certificate, signed and acknowledged by all parties having record title interest in the land subdivided, consenting to the preparation and recordation of the map and offering for dedication to the public certain specific parcels of land or easements. Except as provided in Section 66436 of the Subdivision Map Act, the owner's certificate shall include the dedication of or offer to dedicate interests in real property for specified public purposes.

  2. Trustee's Certificate. A certificate, signed and acknowledged by any trustees of record at the time of City Council approval of the final map, consenting to the recording of the map and any offers of dedication.

  3. Engineer's Certificate. A certificate by the engineer or surveyor responsible for the survey and final map. The certificate shall give the date of the survey, state that the survey and final map were made by or under the direction of the engineer or surveyor, and that the survey is true and complete as shown. The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in those positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. The certificate shall state that the map complies to the Subdivision Map Act and the provisions of this character.

  4. Certificate of Soils and Geologic Report. When a soils report, a geologic report or soils and geologic reports have been prepared specifically for the subdivision, it shall be noted on the final map, together with the date of the report or reports, and the name of the engineer making the soils report and geologist making the geologic report and where the reports are on file.

  5. City Engineer's Certificate. A certificate by the City Engineer stating that the map has been examined and that it is substantially the same as the tentative map and any approved alterations, that it complies with the Subdivision Map Act and the provisions of this chapter, and is technically correct.

  6. City Clerk's Certificate. A certificate for execution by the City Clerk stating the date of the resolution adopted by the City Council approving the final map and stating that the City Council accepted, subject to improvement or rejected on behalf of the public, any real property offered

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City of Albany, CA § 22-5.5

SUBDIVISION

7. County Recorder's Certificate. A certificate to be executed by the County Recorder stating that the map has been accepted for filing; that the map has been examined and that it complies with the provisions of State laws and local ordinances governing the filing of final maps. The certificate shall show who requested the filing of the map, the time and date the map was filed and the book and page where the map was filed.

• d. Scale, North Point and Basis of Bearings. There must appear on each map sheet the scale, the north point, and the basis of bearings based on the California Coordinates, and the equation of the bearing to true north. The basis of bearings shall be approved by the City Engineer.

• 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 center lines, 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. Arc length, radius and 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. Monuments. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at, or on City Engineer approved offsets, the following locations:

  1. The intersection of street center lines;

  2. Beginning and end of curves or intersection of tangents on center lines;

  3. At other locations as may be required by the City Engineer.

• g. Lot Numbers. Lot numbers shall begin with the number one (1) in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one (1) sheet of the final map, unless approved by the City Engineer.

• h. Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map showing such subdivision; and if no subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book and page number for the last record owner.

• i.

  • City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated.

• j. Street Names. The names of all streets, alleys or highways within or adjoining the subdivision shall be shown.

• k. Easements and Dedications. Easements and dedications for roads or streets, paths, storm water drainage, sanitary sewers or other public use as may be required, shall 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. If at the time the final map is approved, any streets, paths, alleys or storm drainage easements are not accepted by the City Council, the offer of dedication shall remain open and the City Council may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.

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City of Albany, CA § 22-5.5

ALBANY CODE

§ 22-5.6

The City may accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the County Recorder.

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, e.g. recorder's serial number and date, or book and page of official records.

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.

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.

• l. Greenbelt Areas. Greenbelt areas may be shown subject to the approval of the City. Public greenbelt areas shall be dedicated in fee unless otherwise specified in the approval, or conditional approval, of the tentative map. Private greenbelt areas shall be dedicated as open space easements unless otherwise specified in the approval or conditional approval of the tentative map.

The subdivider shall submit prints of the final map to the City Engineer for checking. The preliminary prints shall be accompanied by the following data, plans, reports and documents in a form as approved by the City Engineer:

• a. Improvement Plans. Improvement plans as required by subsection 22-9.2 of this chapter.

• b. Soils Report. A soils report prepared in accordance with subsection 22-4.3, Chapter 70 of the Uniform Building Code, and any other City regulations.

• c. Title Report. A title report showing the legal owners at the time of submittal of the final maps.

• d. Tax Report. A letter from the County Assessor stating that all taxes due have been paid or that a tax bond assuring payments of all taxes which are a lien but not yet payable has been filed with the County.

• e. Deeds for Easements or Rights-of-Way. Deed for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map. Written evidence acceptable to the City Engineer and City Attorney in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.

• f. Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street center lines and monument lines.

• g. Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains.

• h. Governing Documents. The submittal of the final map or parcel map for a common interest development within the meaning of Sections 1350 et seq. of the State Civil Code shall include the proposed Declaration of Covenants, Conditions and Restrictions containing the provisions described in Section 1353 of the Civil Code and all other governing documents for the subdivision as are

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City of Albany, CA § 22-5.6

SUBDIVISION

§ 22-5.9

appropriate pursuant to Section1363 of the Civil Code. The submittal of the final map or parcel map for all subdivisions other than a common interest development shall include any Declaration of Covenants, Conditions and Restrictions proposed in connection therewith. All documents shall be subject to review and approval by the City Engineer and City Attorney.

• i. A guarantee of title, in form acceptable to the City Engineer and City Attorney, shall be issued by a competent title company to and for the benefit and protection of the City and shall be continued complete up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgements thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary.

recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgements thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary.

• j. Improvement Agreement. In the event sewer, water, drainage, grading, paving or other improvements required pursuant to subsection 22-9.2 have not been completed prior to the presentation of the final map, an agreement in accordance with the requirements of subsection 22-9.3 shall be filed for the improvement thereof. The subdivider shall secure the performance of the agreement in accordance with the requirements of subsection 22-9.8.

• k. Liability Agreement and Insurance. A hold-harmless agreement obligating the subdivider to hold the City and its officers, agents and employees harmless from any liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider and/or the subdivider's subcontractors in connection with the subdivision. A certificate of insurance reporting to the City the amount of insurance the subdivider carries for the subdivider's own liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider or his subcontractors in connection with the subdivision. The certificate of insurance shall name the City as an additional insured. The agreement and certificate required by this subsection shall be subject to prior review and approval by the City Engineer and City Attorney.

• l. Any additional data, reports or information as required by the City Engineer and City Attorney.

The City Engineer shall review the final map and any other required information and the subdivider shall make corrections and/or additions until acceptable to the City Engineer.

The subdivider shall submit to the City Engineer the original tracing of the map and any duplicates per County requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on the blueline duplicate. Upon receipt of all required certificates and submittals, the City Engineer shall sign the appropriate certificates and transmit the original map to the City Clerk.

A final map approved by the City Engineer and conforming to the approved or conditionally approved tentative map shall be filed with the City Council for approval after all required certificates have been signed. The date the map shall be deemed filed with the City Council is the date on which the City Clerk receives the map. The City Council shall consider the final map for approval within fourteen (14) days after the City Clerk receives the map. The City Council shall consider approval for the Subdivision Improvement

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City of Albany, CA § 22-5.9

ALBANY CODE

If the Subdivision Improvement Agreement and final map are approved by the City Council, it shall instruct the Mayor to execute the agreement on behalf of the City. If the Subdivision Improvement Agreement and/or final map is unacceptable, the Council shall make their recommended corrections, instruct the City Engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map has been resubmitted.

The City Council shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction of off-site improvements on land which neither the subdivider or the City has sufficient title or interest to permit the improvements to be made. In this case, the City shall follow the procedure according to subsection 22-9.2i.

The City Council shall not deny approval of the final map if it has previously approved a tentative map for the proposed subdivision and if the City Council finds that the final map conforms to the requirements of the Subdivision Map Act, this section and the tentative map and all conditions thereof.

Upon approval of the final map by the City Council, the City Clerk shall execute the appropriate certificate on the certificate sheet and shall subject to Section 66464 of the Subdivision Map Act, and forward the map, or have an authorized agent forward the map to the County Recorder.

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City of Albany, CA § 22-6.1

SUBDIVISION

§ 22-6.8