[Ord. #87-017, A1, § 31.101]
This chapter is adopted pursuant to Article XI, Section 7 of
the California Constitution and to supplement and implement the Subdivision
Map Act, Section 66410 et seq. of the Government Code, and may be
cited as the Subdivision Chapter of the City of Albany.
[Ord. #87-017, A1, § 31.102]
It is the purpose of this chapter to regulate and control the
division of land within the City and to supplement the provisions
of the Subdivision Map Act concerning the design, improvement and
survey data of subdivisions, the form and content of all required
maps provided by the Subdivision Map Act and the procedure to be followed
in securing the official approval of the City Engineer, Planning Department,
Planning and Zoning Commission, and City Council regarding the maps.
To accomplish this purpose the regulations outlined in this chapter
are determined to be necessary for the preservation of the public
health, safety and general welfare; to promote orderly growth and
development, and to promote open space, conservation, protection and
proper use of land; and to ensure provision for adequate traffic circulation,
utilities, and other services in the City.
[Ord. #87-017, A1, § 31.103]
No land shall be subdivided and developed for any purpose which
is inconsistent with the General Plan or any specific plan of the
City or permitted by the Zoning Ordinance or other applicable provisions
of the Municipal Code.
The type and intensity of land use as shown in the General Plan
and any applicable specific plan shall determine together with the
requirements of the Subdivision Map Act and this chapter the type
of streets, roads, highways, utilities and public services that shall
be provided by the subdivider.
[Ord. #87-017, A1, § 31.104]
The regulations set forth in this chapter shall apply to all
or parts of subdivisions within the City and to the preparation of
subdivision maps and to other maps provided for by the Subdivision
Map Act. All subdivision maps shall be prepared and presented for
approval as provided for in this chapter.
[Ord. #87-017, A1, § 31.105]
This chapter shall not apply to those exceptions delineated
in the Subdivision Map Act.
[Ord. #87-017, A1, § 31.106]
Whenever, in the opinion of the Planning and Zoning Commission,
the land involved in any subdivision is of a size or shape, or is
subject to title limitations of record, or is affected by topographical
location or conditions, or is to be devoted to a use that is impossible
or impracticable in the particular case for this subdivider to conform
fully to the regulations contained in this chapter, the Planning and
Zoning Commission may make modifications as, in its opinion, are reasonably
necessary or expedient and in conformity with the Subdivision Map
Act.
[Ord. #87-017, A1, § 31.107]
All persons submitting maps as required by this chapter shall
pay all fees and/or deposits as provided by this chapter and by City
Council resolutions establishing applicable fees and charges. The
resolution and any amendments thereto are hereby adopted by this reference
as though fully set forth herein.
[Ord. #87-017, A1, § 31.108]
a.
Prohibition. Transactions prohibited under this title shall be those
transactions enumerated in Section 66499.30 inclusive, of the Subdivision
Map Act.
b.
Remedies. Remedies for a violation of this title shall be those remedies
enumerated in Sections 66499.32 through 66499.34, inclusive, of the
Subdivision Map Act.
c.
Certificate of Compliance. Certificates of compliance shall be issued
by the City pursuant to the procedures set forth in Section 66499.35
of the Subdivision Map Act.
d.
Notice of Violation. The City may issue notices of violation of this
title and of the Subdivision Map Act pursuant to the procedures set
forth in Section 66499.36 of the Subdivision Map Act.
