Berkeley Municipal Code Ch. 21.16 Tentative Maps (five or More Parcels)

The tentative map shall be prepared by a registered civil engineer or licensed land surveyor and shall be clearly and legibly drawn to show the details of the plan. The size of each sheet shall be eighteen by twenty-six inches. Tentative maps shall be signed by the civil engineer or licensed land surveyor.

This Chapter applies to subdivisions for which a tentative map is required by the Subdivision Map Act. Subdivisions that are exempt from the tentative map requirement under the Subdivision Map Act, including but not limited to subdivisions that qualify under Government Code Section 66426(a)--(e), shall not be processed under this Chapter and shall instead require only a parcel map pursuant to Chapter 21.24. (Ord. 8002-NS § 1, 2026; Ord. 5793-NS § 2 (part), 1987)

Every tentative map shall contain the following information:

A. A title which shall contain the subdivision number, subdivision name, and type of subdivision, (subdivision of land, new condominium, condominium conversion, cooperative apartment, or stock cooperative).

B. Name and address of legal owner, subdivider, and person preparing the map (including registration number).

C. Sufficient legal description to define the boundary of the proposed subdivision.

D. Date, north arrow, scale, and contour interval.

E. Existing and proposed land use.

F. A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community.

G. Existing topography of the proposed site and at least one hundred feet beyond its boundary, including but not limited to:

1. Existing contours at two foot intervals if the existing ground slope is less than ten percent and not less than five foot intervals for existing ground slopes greater than or equal to ten percent. Contour intervals shall not be spread more than one hundred fifty feet apart. Existing contours shall be represented by dashed or screened lines.

2. The approximate location and outline of existing structures identified by type. Buildings to be removed shall be so marked.

3. The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each watercourse.

4. The location, pavement and right-of-way width, grade and name of existing streets or highways.

5. The widths, location, and identity of all existing easements.

6. The location and size of existing sanitary sewers, water mains, and storm drains. The approximate slope of existing sewers and storm drains shall be indicated.

H. Proposed improvements to be shown shall include but not be limited to:

1. The location, grade, centerline radius, and arc length of curves, pavement and right-of-way width, and name of all streets. Typical sections of all streets shall be shown.

2. The location and radius of all curb returns and cul-de-sacs.

3. The location, width, and purpose of all easements.

4. The angle of intersecting streets if such angle deviates from a right angle.

5. The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering elements shall show the approximate design of all grading and provision for erosion and sediment control, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale and the slope expressed as a ratio of horizontal to vertical distance, and the number of each lot.

6. Proposed contours at two foot intervals shall be shown if the existing ground slope is less than ten percent and at not less than five foot intervals if the existing ground slope is greater than or equal to ten percent. A separate grading plan may be submitted.

7. Proposed recreation sites, trails, and parks for private or public use.

8. Proposed common areas and areas to be dedicated public open space.

9. The location and size of sanitary sewers, water mains, and storm drain. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated.

I. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map.

J. The source and date of existing contours.

K. The size of all lettering shall be one-eighth inch minimum.

L. Certificates for execution by the secretary of the Planning Commission indicating the approval of the tentative map and the date thereof by the Planning Commission, a certificate for execution by the City Engineer indicating approval, and a certificate for execution by the City Clerk indicating the approval by the City Council if the map was or will be reviewed by the City Council.

M. If the subdivider plans to develop the site as shown on the tentative map in units, then they shall show the proposed units and their proposed sequence of construction on the tentative map.

The City Engineer may waive any of the foregoing tentative map requirements whenever they find that the type of subdivision is such as not to necessitate compliance with these requirements, or that other circumstances justify such waiver, provided that no other provisions of this title, the Berkeley Municipal Code, or the Subdivision Map Act are violated thereby. The City Engineer may require such other drawings, data or information as they deem necessary to carry out the provisions of this title or the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)

The tentative map shall be accompanied by the following data or reports:

A. A preliminary soils report which includes the provisions of the Berkeley grading, erosion and sediment control regulations shall be submitted. If the preliminary soils report indicated the presence of critically expansive soils or other soil problems which, if not corrected or mitigated, would lead to structural defects, the soils reports accompanying the final map shall contain an investigation of each lot within the subdivision.

B. A preliminary title report, prepared within three months prior to filing the tentative map.

C. If the subdivision lies within the Alquist-Priolo Special Studies Zone as shown on maps on file in the Department of Public Works, a preliminary geologic report shall be prepared in accordance with guidelines established by the Department of Public Works. If the preliminary geologic report indicates the presence of geologic or seismic hazards which, if not corrected or mitigated would compromise health and safety and/or lead to structural defects, a geologic report shall accompany the final map and shall contain an investigation of each lot within the subdivision.

D. No tentative map filed pursuant to the provision of this chapter shall be considered complete or approved until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report (EIR), as appropriate is prepared, processed, and considered in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

E. Where the subdivision map application seeks to convert TICs to condominiums or related forms of owner occupancy other than limited equity cooperatives, no tentative map filed pursuant to the provision of this chapter shall be considered complete or approved unless it is accompanied by a form, to be designated by the City, indicating: (1) that such TIC was lawful as of the effective date of this section and (2) that the proposed conversion complies with the City’s local laws.

F. Where the subdivision map application is filed by one seeking to convert existing rental housing to condominiums, community apartments, or stock cooperatives, other than limited equity cooperatives, governed by Chapter 21.28 of this code, no tentative map filed pursuant to the provisions of this chapter shall be considered complete or approved unless it includes evidence of a notice from the City indicating (1) selection of the applicant for conversion, as specified in Section 21.28.090(B), and (2) that the proposed conversion complies with the City’s local laws.

G. Any other data or reports deemed necessary by the planning director including but not limited to:

1. Vicinity map. This is a map drawn to the scale, one inch equals fifty feet (one inch equals one hundred feet may be permitted), showing the property in the context of the immediate neighbors. The map shall show the buildings and addresses on adjoining, confronting and abutting lots; zoning district boundaries, land use of the adjoining and confronting properties; and the names of streets and their widths.

2. Site development plan. A plan view of the subject property at a scale one inch equals eight feet, fully dimensioned, showing proposed buildings, parking areas, driveways, property lines, yards, fencing and landscaping, including new and existing trees. This large scale plan shall be reduced to eight and one-half inch by eleven inch size plans. Both large scale and the eight and one-half inch by eleven inch size plans are required.

3. Applicant’s statement. A narrative statement describing the proposal and explaining the benefits of the project, and why the applicant feels the project should be approved.

Subsections A and C of this section shall not apply to condominium conversions. (Ord. 6158-NS § 13, 1992; Ord. 6144-NS § 3, 1992; Ord. 5793-NS § 2 (part), 1987)

The tentative map shall be considered for filing only when such map conforms to Section 21.16.020 and when all accompanying data or reports, as required by Section 21.16.030, have been submitted and accepted by the Planning Director as completed and correct. Within thirty calendar days after receipt of an application for a tentative map, the Planning Director shall inform the applicant in writing whether such application is complete. In the event the application is determined not complete, the Planning Director shall specify those parts of the application that are incomplete and the manner in which they can be made complete. (Ord. 5793-NS § 2 (part), 1987)

Upon receiving an application for a tentative map, the Planning Director shall give a receipt for the map, accompanying data, and filing fee. Such receipt shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the tentative map, nor does it insure that the map does comply with the law, and with this title. If, after a receipt is issued, it is determined that the map and attachments do not comply with the provisions of the Subdivision Map Act and this title, notice of incompleteness shall be transmitted in a timely manner to the person or entity who filed, and they shall be allowed to submit additional information to complete the application. (Ord. 5793-NS § 2 (part), 1987)

The subdivider shall file with the Planning Director a reproducible of the tentative map, an eight and one-half inch by eleven inch reduction of the map and the number of copies of the map specified by the Planning Director. A filing fee shall be paid to the City of Berkeley in accordance with the current master fee schedule. (Ord. 5793-NS § 2 (part), 1987)

Upon having accepted the tentative subdivision map for filing, the Planning Director shall schedule the tentative subdivision map for review and public hearing by the Planning Commission. The Planning Director shall prepare a report to the Planning Commission incorporating information and recommendations of other departments and containing all pertinent information regarding the tentative map and making recommendations to the Planning Commission for approval or denial of the tentative map and conditions to be imposed. (Ord. 5793-NS § 2 (part), 1987)

Notice of the public hearing shall be given by publication once in a newspaper of general circulation published and circulated in the City of Berkeley, and by posting one notice thereof on or adjacent to the property shown on the map not less than ten days prior to the date of the hearing, and a written notice of the hearing shall be mailed not less than ten days prior to the date of the hearing to the subdivider, to each property owner owning property abutting upon or confronting the property shown on the map, and to the occupants of such properties. If, in the sound discretion of the secretary of the Planning Commission, a proposed subdivision has special neighborhood or community significance, they may expand such written notice. Notice to occupants shall be sufficient if such written notice is addressed to "Occupant" or "Resident", at the street address of the property. (Ord. 5793-NS § 2 (part), 1987)

The Planning Commission shall take action upon the tentative map within fifty days after tentative map has been accepted for filing, and shall report its decision to the City Council and the subdivider.

If an environmental impact report is required for the tentative map, the fifty day period specified in this section shall not be applicable and the Planning Commission shall render its report or decision required by this section within forty-five days after certification of the environmental impact report.

The time limits set forth in this chapter for reporting and acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission, but no routine waiver of time limits can be required by the City as a condition of acceptance for filing of tentative maps, except as provided in Section 66451.1 of the Subdivision Map Act.

If the Planning Commission has not acted on the map and any exceptions required within the time provided, or as extended, the tentative map shall be deemed to have been approved, insofar as it complies with applicable provisions of the Subdivisions Map Act and this title, and any exceptions requested shall be deemed to have been denied, and the secretary to the commission shall immediately file with the City Clerk a notice to that effect, together with copies of all records regarding the application. The City Clerk shall furnish said notice to the City Council not later than ten days from the date of expiration of the time required for the Planning Commission to act or at the next regularly scheduled meeting of the Council. (Ord. 5793-NS § 2 (part), 1987)

The Planning Commission may approve, conditionally approve, or deny the tentative map.

The tentative subdivision map may be denied by the Planning Commission on any of the grounds provided by City ordinance or the Subdivision Map Act. The Planning Commission shall deny approval of the tentative map if it makes any of the following findings:

A. That the proposed map is not consistent with applicable general and specific plans.

B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

C. That the site is not physically suitable for the proposed density of development.

D. 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.

E. That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

F. That conflicts with public access easements exist, in accordance with Section 66474(g) of the Subdivision Map Act.

G. That the design of the subdivision does not provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

Examples of passive or natural heating and cooling opportunities include subdivision design which permits orientation of a structure in an east-west alignment for southern exposure and subdivision design which permits orientation of a structure to take advantage of shade and prevailing breezes.

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided and to other design and improvement requirements, and such provisions shall not result in reducing allowable densities or the provisions of a lot which may be occupied by a building or structure under applicable zoning in force at the time the tentative map is filed.

For the purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. (Ord. 5793-NS § 2 (part), 1987)

A. The Planning Commission shall make the findings required for approval of a tentative map, and shall not deny or impose any conditions on a tentative map, under the following circumstances:

1. The tentative map is required solely in order to permit the establishment of condominiums in a building in which the units which are proposed to be condominiums have never been rented because the units are to be, or have recently been, constructed;

2. The application for the use permit required to construct the building disclosed that the units which are the subject of the tentative map were intended to be condominiums;

3. The construction of the building units has received all discretionary approvals required under the Zoning Ordinance; and

4. The Zoning Adjustments Board made all of the findings required by the Subdivision Map Act and this chapter for approval of a tentative map.

B. This section shall not apply if, at the time the matter comes before the Planning Commission, relevant conditions have changed in a manner which significantly affects the continuing validity of the findings made by the Zoning Adjustments Board pursuant to paragraph A.4 of this section.

C. Nothing in this section limits the Planning Commission’s authority to impose conditions on tentative subdivision maps for technical reasons necessary to comply with the Subdivision Map Act or this title and which do not relate to the establishment of condominiums in the building per se.

D. No Certificate of Occupancy may be issued for any building subject to paragraph A. of this section until that tentative map is approved and final as to the City. (Ord. 6594-NS § 2, 2000)

A. The subdivider, or any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, may appeal any action of the Planning Commission by filing such appeal with the City Clerk within ten days of the Planning Commission decision. The City Council shall consider the appeal within thirty days after the date of filing such appeal.

This appeal shall be a hearing with notice as set forth in Section 21.16.045 and upon conclusion of the hearing, the Council shall, within ten days, declare its findings. The Council may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission and may make such findings as are not inconsistent with the provisions of this title or the Subdivision Map Act.

The notice of appeal shall be filed in duplicate and the City Clerk shall immediately forward one copy to the secretary of the Planning Commission. Within ten days after the filing of a notice of appeal the secretary of the Planning Commission shall transmit to the City Council a copy of the application for tentative map approval, the notice of appeal and a report setting forth the Planning Commission’s reasons for the action taken.

If the City Council fails to act upon an appeal within the time limit specified in this chapter, the tentative map, insofar as it complies with applicable requirements of this title and the Subdivision Map Act, shall be deemed to be approved or conditionally approved as last approved or conditionally approved, and it shall be the duty of the City Clerk to certify such approval.

B. Any interested person adversely affected by a decision of the Planning Commission may file a complaint with the City Council within ten days after action which is the subject of the complaint. The City Council may, at its discretion, reject the complaint within fifteen days or set the matter for hearing. If the City Council rejects the complaint, the complainant shall be notified of such action.

If the matter is set for hearing, the hearing shall be held within thirty days after the filing of the complaint, notice given pursuant to the procedures contained in Section 21.16.045 and with additional notice being given to the affected interested persons. Upon conclusion of a hearing, the council shall, within seven days, declare its findings. The council may sustain, modify, reject, or overrule any decision of the Planning Commission, and may make such findings as are not inconsistent with the provisions of this title or the Subdivision Map Act.

If no action has been taken by the council within thirty days of the day the complaint was filed, the action of the commission shall be deemed affirmed and the appeal denied.

The filing of a notice of appeal or complaint within the time and manner specified above shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until the determination of the appeal by the City Council or until the expiration of applicable time limit for acting on appeals imposed by the Subdivision Map Act.

C. If a ground of an appeal is that the action under appeal constituted a taking of the subject property or any part thereof under the California or United States constitutions, that ground and all evidence and argument in support thereof shall be clearly stated as a separate ground of the appeal, or it shall be waived. This requirement shall apply to appeals on the ground that the decision or any condition imposed by it denied the applicant any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constituted a taking of property for public use without just compensation. In such cases, the Council may require that testimony be under oath and subject to cross-examination by the appellant and the City Manager or their designee. (Ord. 6595-NS § 1, 2000; Ord. 5793-NS § 2 (part), 1987)

Notwithstanding any of the provisions of this chapter, the City Council may certify and review any action taken by the Planning Commission on a tentative subdivision map or exceptions requested. Such certification by the council shall be taken not later than twenty one days from the date on which the Planning Commission action occurred. All proceedings shall be stayed in any event until the expiration of the period in which the Council may certify and review the action. Such certification by the Council shall stay all proceedings in the same manner as the filing of a notice of appeal, and such certification shall be noticed, heard and determined in the same manner as provided in Section 21.16.050. (Ord. 5793-NS § 2 (part), 1987)

The approval or conditional approval of a tentative subdivision map shall expire twenty-four months from the date of the adoption of the resolution by the Planning Commission approving or conditionally approving the map subject to the conditions described in Section 66452.6 of the State Subdivision Map Act. An extension to the expiration date may be approved as provided in Section 21.16.080.

Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map. (Ord. 5793-NS § 2 (part), 1987)

Tentative map approval may be extended as follows:

A. The subdivider or their engineer may require an extension of the expiration date of the approved or conditionally approved tentative subdivision map by written application to the Planning Director. The application shall be filed not less than forty-five days before the map is to expire, and shall state the reasons for requesting the extension.

B. The Planning Director shall review the request and submit the application for the extension, together with their report, to the Planning Commission for approval, conditional approval or denial. A copy of the Planning Director’s report shall be forwarded to the subdivider.

The resolution adopted by the Planning Commission the new expiration date of the tentative subdivision map.

C. The approved extension shall not exceed twelve months. The approved extension shall not extend more than three years beyond the date of the resolution adopted by the Planning Commission approving or conditionally approving the tentative subdivision map.

D. As a condition of the extension of a tentative subdivision map, the Planning Commission may impose new conditions or revise existing conditions on the approved tentative map as recommended by the Planning Director in their report or as it may find necessary.

E. The subdivider may appeal the action of the Planning Commission on the extension to the City Council, in conformance to Section 21.16.090 of this chapter, except that the subdivider is allowed fifteen days to appeal from the date of the Planning Commission action.

F. The fee for processing an extension shall be as set forth in the current master fee schedule or at actual cost including overhead, whichever is greater. A deposit to be applied toward this fee may be required. (Ord. 5793-NS § 2 (part), 1987)

Minor changes in the tentative map may be approved upon application by the subdivider or on their own initiative, provided:

A. No lots, units or building sites are added.

B. Such changes are consistent with the intent and spirit of the original tentative map approval.

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

Any revisions 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. A fee shall be paid for minor amendments to the City in accordance with the current master fee schedule. Amendments of the tentative map other than minor shall be presented to the Planning Commission for approval. A fee shall be paid for Planning Commission consideration of amendments in accordance with Sections 21.16.090 and 21.16.100.

Any approved amendment shall not alter the expiration date of the tentative map. (Ord. 5793-NS § 2 (part), 1987)