Berkeley Municipal Code Ch. 21.04 General Provisions

This title is enacted for the purpose of adopting regulations to supplement and implement the Subdivision Map Act, Section 66410, et seq., of the Government Code, State of California, and may be cited as the Berkeley Subdivision Ordinance. (Ord. 5793-NS § 2 (part), 1987)

No land shall be subdivided and developed for any purpose which is not in conformity with the adopted general plan and any adopted specific plan, area plan, or neighborhood plan of the City of Berkeley or which is not specifically authorized by the precise zoning ordinance of the City.

The type and intensity of land use as shown on the general plan shall determine the type of streets, roads, highways, utilities and public services that shall be provided by the subdivider. (Ord. 5793-NS § 2 (part), 1987)

The regulations set forth in this title shall apply to all subdivisions or parts thereof within the City of Berkeley and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the City of Berkeley shall be made and each map shall be prepared and presented for approval as hereafter provided for and required. The regulations outlined in this chapter are necessary to promote and protect the public health, safety, peace and general welfare. (Ord. 5793-NS § 2 (part), 1987)

The Planning Commission of the City of Berkeley, hereinafter referred to as the Planning Commission, is designated as the advisory agency with respect to subdivisions as provided in the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)

A preliminary, tentative, and final map shall be required for all divisions of land when determined by the Planning Director that such land may be divided into five or more parcels, five or more condominiums as defined in Section 783 of the State Civil Code, a community apartment project containing five or more parcels or a stock cooperative apartment building containing five or more dwelling units, except for land divided by mineral, oil, or gas leases, or as excepted by section 66426 of the Subdivisions Map Act. (Ord. 5793-NS § 2 (part), 1987)

A preliminary map and parcel map shall be required for all divisions of land which create less than five parcels except:

A. Lot line adjustments, where the City Engineer and the Planning Director determine that all of the following conditions exist:

1. No additional parcels or building sites have been created.

2. The adjustment does not create the potential to further divide either of the two parcels into more parcels than would have been otherwise possible.

3. The division does not re-orient any lot or parcel so as to establish a frontage on a different street than that on which the lot or parcel originally fronted.

4. There are no resulting violations of the Berkeley Municipal Code.

B. When the parcel map is waived by the City Engineer as provided by Section 21.24.060.

A plat map in a form as required by the City Engineer and a certificate of compliance in accordance with Section 21.60.050 shall be required for lot line adjustments, mergers, certificates of compliance and parcel map waivers. (Ord. 5793-NS § 2 (part), 1987)

All persons submitting maps as required by this chapter shall pay all fees and/or deposits to the City of Berkeley in accordance with the current master fee schedule. (Ord. 5793-NS § 2 (part), 1987)

Neither this title nor any administrative decision made under it:

A. Exempts the subdivider from procuring other required permits or complying with the requirements and conditions of such a permit, or

B. Limits the right of any person to maintain, at any time, any appropriate action, at law or in equity, for relief or damages against the subdivider arising from the permitted activity. (Ord. 5793-NS § 2 (part), 1987)

When conflicts arise between the contents of this title and any other provisions of the Berkeley Municipal Code, the most stringent requirements of the Code shall prevail, provided said more stringent requirements are not in conflict with the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)

If any part of this title is found not valid, the remainder of this title shall remain in effect. (Ord. 5793-NS § 2 (part), 1987)