Title 16 SUBDIVISIONS
Chapter 16.24 PARCEL MAPS
16.24.010 Parcel map--When required.
16.24.020 Parcel map--Waiver of requirement.
16.24.030 Director of City Planning is Advisory Agency.
16.24.040 Lot design standards.
16.24.050 Exception to lot design requirements.
16.24.060 Public improvements--Standards and procedures for construction.
16.24.070 Tentative parcel map--Information required.
16.24.080 Tentative parcel map--Review.
16.24.090 Preliminary soil report required--Waiver.
16.24.100 Parcel map--Information required.
16.24.110 Parcel map filing and map check.
16.24.120 Notice of violation.
16.24.130 Offers of dedication for easements for reserves.
16.24.010 Parcel map--When required.
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)
16.24.020 Parcel map--Waiver of requirement.
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:
1. 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.
2. 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)
16.24.030 Director of City Planning is Advisory Agency.
The Director of City Planning is designated as the Advisory Agency for the
purpose of this chapter and Section 16.04.100. (Prior code §
7-5.04)
16.24.040 Lot design standards.
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:
1. Lots created in conjunction with approved private access
easements;
2. 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:
1. Where the area is still considered
acreage;
2. 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)
16.24.050 Exception to lot design requirements.
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)
16.24.060 Public improvements--Standards and procedures for construction.
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:
1. 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
2. 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)
16.24.070 Tentative parcel map--Information required.
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)
16.24.080 Tentative parcel map--Review.
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)
16.24.090 Preliminary soil report required--Waiver.
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)
16.24.100 Parcel map--Information required.
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.
1. Parcel map number;
2. Name
and address of record owner, divider, and engineer or surveyor who prepared the
map;
3. Datum, north arrow, scale, date and vicinity map;
4. Numerical
or alphabetic designation of each parcel;
5. Location, name and width of all
adjoining streets, alleys or paths, and distance to nearest intersecting
street;
6. Certificates of surveyor, owner, City Engineer and County
Recorder and Clerk of the Board of Supervisors.
B. Record
Information.
1. Location, purpose, and width of all existing public
easements;
2. Name of tract or grant in which survey is
located;
3. 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.
1. Layout of parcels showing bearings,
distances and parcel areas. Any discrepancies between field measurements and
record data shall be noted;
2. Identification and location of all pertinent
monuments found or set;
3. Basis of bearing used;
4. Tie property corner
to nearest street intersection (bearing and distance);
5. Tie property
corner to monument line (bearing and distance);
6. Traverse closure
calculations shall be submitted for the map boundary and each component parcel
(computer printout preferred). (Prior code § 7-5.12)
16.24.110 Parcel map filing and map check.
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)
16.24.120 Notice of violation.
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)
16.24.130 Offers of dedication for easements for reserves.
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)
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