[Ord. #87-017, A4, § 31.401]
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.
[Ord. #87-017, A4, § 31.402]
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;
11. 
The lines and approximate dimensions of all lots, the number assigned to each lot, and the approximate area of each lot in square feet;
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.
[Ord. #87-017, A4, § 31.403]
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.
[Ord. #87-017, A4, § 31.404]
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.
[Ord. #87-017, A4, § 31.405]
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 subdivision can be adequately served.
[Ord. #87-017, A4, § 31.406]
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 Section 65090.
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;
3. 
That the site is not physically suitable for the type of development;
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.
[Ord. #87-017, A4, § 31.407]
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.
[Ord. #87-017, A4, § 31.408]
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.
[Ord. #87-017, A4, § 31.409]
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.
[Ord. #87-017, A4, § 31.410]
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.
[Ord. #87-017, A4, § 31.411]
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.
[Ord. #87-017, A4, § 31.412]
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:
a. 
No lots, units or building sites or structures are added;
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.