Berkeley Municipal Code Ch. 21.24 Parcel Maps

The provisions of this chapter shall apply to:

A. All subdivisions of four or fewer parcels, except those:

1. Made solely for the purpose of opening or widening of a public street or alley.

2. Which are necessary solely for the conveyance, transfer, creation or establishment of an easement to or from a governmental agency, public entity, public utility, or subsidiary of a public utility for conveyance to that public utility for rights-of-way, pedestrian or vehicular access, sewer, water or public utility connection or service.

3. Where the City Engineer and the Director of Planning determine that all of the following conditions exist.

(a) The division results in the same or fewer number of lots.

(b) The division is not in conflict with other provisions of this title.

(c) The division is not in conflict with the General Plan or any applicable specific plan.

4. Which are made solely because of the acquisition of property by government agencies.

B. Subdivisions creating five or more parcels that are exempt from the requirement for a tentative and final map, and instead require a parcel map, pursuant to Government Code Section 66426(a)--(e). (Ord. 8002-NS § 3, 2026; Ord. 5793-NS § 2 (part), 1987)

All parcels proposed to be created by subdivisions containing four or fewer parcels will conform to the following standards, except those conforming to the standards for lot line adjustments set forth in Section 21.32.010.

A. All lots shall have frontage on public streets, except for certain hill areas where the terrain may make direct street frontage unfeasible. For such hill area developments, lots lacking street frontage shall be served by access strips not less than fourteen feet wide.

B. All lots shall meet the area requirements of the zoning ordinance of the City for the district in which they are located.

C. The side lines of lots shall run at right angles or radically to the street upon which the lot faces, insofar as is practicable. This standard may be modified where severe topography is present, with the approval of the City engineer.

D. All lots shall have adequate drainage. The developer must install any drainage structures which are needed. Obstruction of natural streams or channels will not be permitted.

E. All lots shall have an adequate water supply for domestic and fire fighting purposes, and shall have access to adequate sanitary sewers.

F. Where off-street parking required for existing buildings will no longer lie on the same parcel as the building served, replacement parking shall be provided and the map shall show the location of the replacement parking facilities.

G. Provisions relating to dedications and offers of dedication on final parcel maps shall conform to the requirements for final maps, except that the City Engineer is authorized to accept such dedications and offers. (Ord. 5793-NS § 2 (part), 1987)

The parcel map shall be prepared in a manner acceptable to the Department of Public Works and shall be prepared by a registered civil engineer or a licensed land surveyor. The parcel map shall be clearly and legibly drawn, on one sheet if possible, and contain not less than the following:

A. The title "Parcel Map" in letters one-half inch in height at the top of the map. If a condominium type project, the title "CONDOMINIUM", "CONDOMINIUM CONVERSION", etc., will be added.

B. The name and address of the record owner of the property and the subdivider.

C. The name, address and registration number of the engineer or surveyor preparing the map.

D. Sufficient elevations or contours to determine the general slope of the land, the high and low points thereof, and all drainage features.

E. Dimensions and bearing of all existing and proposed property lines. Proposed property lines shall be designated by a line weight heavier than that used for existing lines and easement lines.

F. The proposed lots or parcels shall be designated "Parcel A", "Parcel B", etc. or if a condominium or similar project, "UNIT 1", "UNIT 2", etc., for reference purposes.

G. The datum, bench mark used, north arrow, scale and basis of bearings.

H. Locations, names and right-of-way widths of all adjoining or abutting streets, alleys or ways.

I. Widths, locations, and purposes of all existing and proposed easements.

J. The locations and outline of all existing drainage structures, building structure and retaining walls on the property.

K. The location of all hydrants, drainage structures, curbs, driveways, sidewalks, utility poles, major trees showing size, and building structures within a fifteen-foot strip outside of and adjacent to the exterior boundary of the property involved.

L. A certificate, signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of said map.

M. A certificate by the registered civil engineer or licensed land surveyor responsible for the survey and the map. If a field survey was performed, the certificate shall conform to the requirements of Section 66445(i) of the Subdivision Map Act.

N. A certificate for execution by the City Engineer.

O. A certificate for execution by the secretary of the Planning Commission.

P. A certificate for execution by the county recorder as required by the Subdivision Map Act.

Q. A certificate of the clerk of the board of supervisors as required by the map act.

R. The identifying number on the lower right-hand corner in characters one-half inch in height, pre-fixed with the letters "PM".

S. Delineation of all survey marks found or set by the engineer or surveyor.

T. A border shall be delineated approximately one inch from the edge of the sheet.

U. A description of the real property (lot, block, and tract, etc.), at the bottom right of the map.

V. A preliminary title report prepared within three months prior to filing the parcel map.

W. A soils and/or engineering geology report as may be required by the City Engineer.

The City Engineer may waive any of the foregoing requirements upon finding that the location or nature of the proposed minor subdivision is such as not to necessitate compliance with these requirements; or may require additional information as deemed necessary. (Ord. 5793-NS § 2 (part), 1987)

Except as provided in Section 21.24.080, the regulations described in Section 21.16.040 shall apply to parcel maps. (Ord. 8002-NS § 4, 2026; Ord. 5793-NS § 2 (part), 1987)

A. Except as provided in Section 21.24.080, the regulations described in Sections 21.16.010 through 21.16.090 shall apply to the approval of all parcel maps with the exception that the advisory agency under Government Code Section 66415 for purposes of approval of parcel maps shall not be the Planning Commission, but shall be the City Manager or their designee and accordingly that no public hearing is required for approval of a parcel map. All other provisions of Section 21.16.010 through 21.16.090 continue to apply to approval of parcel maps.

B. Parcel maps processed pursuant to Section 21.24.080 shall be approved, conditionally approved, or denied in accordance with the procedures and standards set forth in that Section and are not subject to the provisions of Sections 21.16.010 through 21.16.090, except where expressly cross-referenced. (Ord. 8002-NS § 5, 2026; Ord. 6459-NS § 1, 1998; Ord. 5793-NS § 2 (part), 1987)

Upon approval of the map by the City Manager or their designee (or the City Council on appeal), the City Clerk shall transmit the approved map, the accompanying statement required, and the statement of conditions imposed, if any, for filing by the Alameda County Recorder. (Ord. 6459-NS § 2, 1998; Ord. 5793-NS § 2 (part), 1987)

The City Engineer may waive the parcel map requirements for the following:

A. Division of real property or interests therein created by probate, eminent domain procedures, partition or other judgments or decrees.

B. A division of property resulting from the conveyance of land, or interest therein, to a public agency for a public purpose, such as school sites, public building sites, or rights-of-way for streets, sewers, utilities, drainage, etc.

C. Upon making a finding that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title, local ordinance, and the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)

Upon waiving the parcel map requirement, the City Engineer shall cause to be filed with the county recorder a "certificate of compliance" for the land to be divided. (Ord. 5793-NS § 2 (part), 1987)

A. Eligibility. A parcel map may be processed ministerially under this Section only if all of the following criteria are met:

1. The subdivision is subject to the Subdivision Map Act and would otherwise require a tentative and final map pursuant to Government Code Section 66426;

2. The subdivision qualifies for the tentative map exemption in Government Code Section 66426(a), in that:

(a) The land before division contains less than five (5) acres;

(b) Each parcel created by the division will abut upon a maintained public street or highway; and

(c) No dedications or off-site improvements are required by the City as a condition of the subdivision.

3. The subdivision will create no more than twelve (12) parcels; and

4. Each parcel created will comply with:

(a) The minimum lot area, width, depth, and other dimensional standards of the applicable zoning district;

(b) The General Plan land use designation; and

(c) All applicable objective subdivision design and improvement standards of this Title and other applicable codes.

B. Advisory Agency and procedure.

1. For purposes of this Section, the advisory agency under Government Code Section 66415 shall be the City Manager or their designee, in consultation with the City Engineer and the Director of Planning and Development.

2. Parcel maps under this Section shall be reviewed and acted upon administratively by City staff.

3. Applications shall be submitted on forms provided by the City and shall include all information necessary to demonstrate compliance with the eligibility criteria in Subsection A and with applicable objective standards.

4. Any decision of the advisory agency to approve, conditionally approve, or deny a parcel map under this Section may be appealed to the City Council in accordance with the appeal procedures set forth in Section 21.16.050.

C. Approval standards.

1. The advisory agency shall approve a parcel map under this Section if it finds, based on substantial evidence in the record, that:

(a) The subdivision satisfies all eligibility criteria in Subsection A; and

(b) The advisory agency finds that none of the conditions set forth in Government Code Section 66474(a) through (g) exist.

2. The advisory agency shall deny a parcel map under this Section if it cannot make the findings in Paragraph 1 of this Subsection.

3. Conditions of approval, if any, shall be limited to:

(a) Requirements necessary to ensure compliance with objective standards expressly set forth in this Title, Title 23, or other applicable codes; and

(b) Technical corrections necessary to ensure conformity with the Subdivision Map Act and to correct drafting or surveying errors on the parcel map.

D. Subsequent small-lot subdivisions. A parcel created pursuant to this Section may subsequently be subdivided pursuant to a ministerial small-lot subdivision under Government Code Section 66499.41 and any provisions of Title 21, provided that the subsequent subdivision meets all eligibility criteria in state law and/or this Title. (Ord. 8002-NS § 6, 2026)