Chapter 16.24 — PARCEL MAPS

Except as provided in Section 16.24.020, a parcel map shall be required in all divisions of real property described by subdivisions (a), (b), (c), or (d) of Sections 66426 of the Subdivision Map Act or other subdivisions for which a final map is not required under the Subdivision Map Act prepared in accordance with the provisions of this title and the Subdivision Map Act designed to be recorded in the office of the County Recorder. Creation of new condominiums that are not a conversion as defined in Section 16.36.010 shall be processed as a parcel map.

(Ord. 12237 § 3, 2000: prior code § 7-5.01)

A.

The Advisory Agency may waive the requirement for a parcel map for those divisions of real property listed in subsection (B)(1) of this section upon the finding that the division complies with requirements as to area, improvements and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of this title, and upon the finding that the Subdivision Map Act of the state of California does not prohibit such waiver.

B.

As provided in subsection A of this section:

The requirement for a parcel map may be waived when the division of land:

a.

Is caused by a conveyance of the whole, or part thereof, to or from a governmental agency, public entity, or public utility; or

b.

Results from the realignment, conveyance, creation or termination of an easement for pedestrian or vehicular traffic, sanitary sewer or storm drainage, or other public purpose; or

c.

Is an adjustment of an existing lot line which does not create a new lot and imposes no substantial adverse effect upon surrounding properties or access to a street.

The requirement for the filing of a tentative parcel map as specified in Section 16.24.070, may be waived when the division of land has been approved under the private access easement provision in Chapter 16.32, but in this case the requirements of Sections 16.24.100, 16.24.110, 16.24.120 and 16.04.090 may not be waived.

(Prior code §§ 7-5.02, 7-5.03)

The Director of City Planning is designated as the advisory agency for the purpose of this Chapter and Section 16.04.100. Notwithstanding any provision in this Title 16, any map required by State law to be processed pursuant to State Law SB 684, as codified under California Government Code Sections

65852.28 and 66499.41, shall be ministerially processed and approved by the Planning and Building Department and/or the Department of Transportation with no right of appeal.

(Ord. No. 13805, § 4(Exh. B), 7-16-2024; Prior code § 7-5.04)

Lot design shall be consistent with the provisions of Section 16.04.010, Purpose, and the following provisions:

A.

No lot shall be created without frontage on a public street, as defined by Section 16.04.030, except:

Lots created in conjunction with approved private access easements;

A single lot with frontage on a public street by means of a vehicular access corridor provided that in all cases the corridor shall have a minimum width of twenty (20) feet and shall not exceed three hundred (300) feet in length. Provided further, the corridor shall be a portion of the lot it serves, except that its area (square footage) shall not be included in computing the minimum lot area requirements of the zoning district.

B.

The side lines of lots shall run at right angles or radially to the street upon which the lot fronts, except where impractical by reason of unusual topography.

C.

All applicable requirements of the zoning regulations shall be met.

D.

Lots shall be equal or larger in measure than the prevalent size of existing lots in the surrounding area except:

Where the area is still considered acreage;

Where a deliberate change in the character of the area has been initiated by the adoption of a specific plan, a change in zone, a development control map, or a planned unit development.

E.

Lots shall be designed in a manner to preserve and enhance natural out-croppings of rock, specimen trees or group of trees, creeks or other amenities.

(Prior code § 7-5.05)

The Advisory Agency may, in the exercise of reasonable judgment, grant such variances to the lot design standards as it determines warranted where the size, shape or topographic conditions of the property, or the location of trees or structures thereon, make it difficult or impractical to conform to all the requirements of Section 16.24.040.

(Prior code § 7-5.06)

The parcel map shall be referred to the City Engineer, who shall determine the extent of public improvements required. Public improvements determined necessary by the City Engineer may be required to be provided by the land divider in order to service the new lots and provide for the public convenience and safety. Such improvements may include, but are not limited to, streets, sidewalks, sanitary sewer, storm drainage, and street lighting.

Required public improvements shall be constructed according to plans and specifications prepared by a registered civil engineer and approved by the City Engineer in conformance with the current city standard specifications adopted by the City Council. The civil engineer in charge shall certify that the improvements have been installed in accordance with those plans.

No parcel map shall be finally approved until the divider either completes the improvements required by the city or enters into a contract with the city agreeing to do such work, and files with the City Clerk improvement security approved by the City Attorney in such amount as the City Engineer shall estimate and determine to be necessary to complete all of the improvements required to be done by the divider. This shall include a margin to accommodate escalating costs.

"Improvement security" as used in this section means one or more of the following:

A.

A cash deposit or deposits made with the city;

B.

A bond or bonds by one or more duly authorized corporate securities; or

C.

An instrument or instruments of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds

for the purposes set forth in the instrument. Said improvement security shall be in the amounts and for the following purposes:

An amount determined by the City Engineer, not less than fifty (50) percent nor more than one hundred (100) percent of the total estimated cost of the improvement, conditioned upon the faithful performance of the agreement or contract, and

An additional amount determined by the City Engineer not less than fifty (50) percent nor more than one hundred (100) percent of the total estimated cost of the improvement, securing payment to the contractor, his or her subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement.

(Prior code § 7-5.07)

A tentative parcel map, prepared by a registered civil engineer or licensed land surveyor shall be filed with the Advisory Agency. Such map shall contain the following information:

A.

Parcel map number;

B.

Name and address of record owner, divider, and engineer or surveyor who prepared the map;

C.

Datum, north arrow, scale and date;

D.

Numerical or alphabetic designation of each parcel;

E.

Location, name, width, and improvement status of each abutting street, alley or path, and distance to nearest intersecting street;

F.

Location, purpose, and width of all existing or proposed public and private easements;

G.

Proposed vehicular access to each parcel;

H.

Location, type and trunk diameter of trees measuring at least twelve (12) inch diameter at a location four feet above grade;

I.

Dimensions and square footage of each parcel;

J.

Sufficient elevations or contours to determine the general slope of the land and all drainage features;

K.

The location of existing structures to remain on parcels;

L.

Name of tract or grant in which survey is located;

M.

Original lot boundaries with lot and numbers, as shown in earlier filed tracts or parcel maps, within and adjacent to the proposed minor land division;

N.

Provisions for drainage, flood control, sewage disposal and water supply availability.

(Prior code § 7-5.08)

Five prints of a tentative parcel map prepared in conformance with Section 16.24.070 shall be filed with the Advisory Agency.

Upon receipt of the tentative parcel map, it shall be reviewed by the Agency and referred to the City Engineer for report. The Advisory Agency shall not act to approve or conditionally approve a tentative parcel map until after such report has been received.

The Advisory Agency shall, within fifty (50) days after the receipt of the tentative parcel map, act upon the map and thereafter notify the divider that the map is: (A) approved; (B) conditionally approved; or (C) disapproved.

If the Agency fails to act within the prescribed time limit, the tentative parcel maps shall be deemed approved.

The Advisory Agency may, in its discretion, refer any parcel map to the City Planning Commission for its action.

The time limits prescribed herein for the acting upon and reporting on tentative parcel maps may be extended by mutual written consent of the divider and the Agency.

(Prior code § 7-5.09)

Prior to the submission of the parcel map the divider shall file with the City Engineer a preliminary soil report prepared by a civil engineer registered by the state of California who specializes in soils mechanics, based on such examinations, borings, excavations and tests as may be necessary. This report shall specify what measures are necessary so that any proposed grading will result in slopes that are stable against sliding and excessive erosion. The report shall state whether critically expansive soils are present, and shall indicate any other characteristics of the soil which may create hazards or problems, and recommend what measures are necessary to avoid these hazards or problems. The preliminary soil report may be waived if the City Engineer determines that from his or her knowledge of the soil qualities of the parcel to be divided and the adjacent lands, no preliminary analysis is necessary.

(Prior code § 7-5.11)

A parcel map, prepared by a registered civil engineer or licensed land surveyor in compliance with all of the provisions pertaining to the approval of such maps in the Subdivision Map Act, the Land Surveyor Act, and this title, shall be filed subsequent to a tentative parcel map. Such map shall consist of one or more eighteen (18) inch by twenty-six (26) inch sheets with one-inch margin along each side, and shall contain the following information:

A.

General information.

Parcel map number;

Name and address of record owner, divider, and engineer or surveyor who prepared the map;

Datum, north arrow, scale, date and vicinity map;

Numerical or alphabetic designation of each parcel;

Location, name and width of all adjoining streets, alleys or paths, and distance to nearest intersecting street;

Certificates of surveyor, owner, City Engineer and County Recorder and Clerk of the Board of Supervisors.

B.

Record Information.

Location, purpose, and width of all existing public easements;

Name of tract or grant in which survey is located;

Original lot boundaries with lot numbers, as shown in earlier tracts or parcel maps, within and adjacent to boundary or proposed land division.

C.

Survey Information.

Layout of parcels showing bearings, distances and parcel areas. Any discrepancies between field measurements and record data shall be noted;

Identification and location of all pertinent monuments found or set;

Basis of bearing used;

Tie property corner to nearest street intersection (bearing and distance);

Tie property corner to monument line (bearing and distance);

Traverse closure calculations shall be submitted for the map boundary and each component parcel (computer printout preferred).

(Prior code § 7-5.12)

Two prints of a parcel map prepared in conformance with Section 16.24.100 shall be filed with the City Engineer within two years from the date of approval of the tentative parcel map. Upon application of the subdivider filed prior to the expiration of the approved tentative parcel map, the time at which such map expires may be extended by the Advisory Agency for a period or periods not exceeding a maximum of three additional years beyond the original expiration date. Failure to file a parcel map within these time limits shall nullify the previous approval or conditional approval of the tentative parcel map.

Within twenty (20) days after receiving the parcel map prints or within such additional time as may be reasonably necessary, the City Engineer shall examine it for the survey information shown thereon and for substantial conformance with the approved tentative parcel map. If he or she is satisfied that it is technically correct and in conformance, he shall notify the divider that a transparency of the parcel map may be submitted, and the City Engineer shall sign the appropriate certificate thereon.

The map shall be filed with the Alameda County Recorder. The divider shall promptly thereafter furnish the City Engineer with the following copies for permanent files: One mylar duplicate tracing and one paper print.

(Prior code § 7-5.13)

Whenever the city has knowledge that real property has been divided in violation of the provisions of this title or of the Subdivision Map Act, it shall cause to be filed for record with the recorder of the county of Alameda a notice of violation describing the real property in detail, naming the owner thereof, and describing the violation. Such notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

(Prior code § 7-5.14)

A.

Any owner of real property intending to file a parcel map in accordance with this title shall offer to dedicate to the city all such easements and reserves as may be required by the Director of Public Works. All such offers of dedication shall appear as part of the owner certificate on the parcel map, in a form prescribed by the Director of Public Works, and shall be signed and acknowledged by the owner(s).

B.

The boundaries, dimensions, location and purpose of all easements and reserves offered hereunder for dedication shall be shown on the parcel map.

C.

The City Engineer is authorized to accept on behalf of the city all offers of dedication tendered hereunder, and shall certify such acceptance on the City Engineer's certificate.

(Prior code § 7-5.16)