Chapter 6 — SUBDIVISIONS

This chapter shall be known and may be cited as the "City of Emeryville Subdivision Regulations" or the "subdivision regulations."

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

The purpose of the subdivision regulations is to regulate the division of land within the City of Emeryville. These provisions implement and supplement the requirements of the Subdivision Map Act found in California Government Code Title 7, Division 2 concerning the design and improvement of subdivisions and regulating other divisions of land within the City including the form and content of all maps and the procedure to be followed in securing official approval.

The provisions of this chapter are intended to:

• (a) Protect and promote the public health, safety, peace and general welfare;

• (b) Promote orderly growth and development;

• (c) Ensure that the design and improvement of subdivisions is consistent with and promotes the goals and policies of the General Plan;

• (d) Protect and enhance property values;

• (e) Provide for adequate traffic circulation;

• (f) Ensure the availability of adequate public facilities;

• (g) Protect existing affordable housing; and

• (h) Provide for the future development of adjacent properties. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

These subdivision regulations apply to all parts of subdivisions lying wholly or partially within the City of Emeryville and to the preparation of maps required by the Subdivision Map Act. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

These subdivision regulations shall not apply to:

• (a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.

• (b) Mineral, oil or gas leases.

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• (c) Land dedicated for cemetery purposes under the State Health and Safety Code.

• (d) Any separate assessment under California Revenue and Taxation Code Section 2188.7 for community apartment or cooperative housing projects.

• (e) The conversion of a community apartment project or a stock cooperative to a condominium in compliance with the requirements of Sections 66412(g) and (h) of the Subdivision Map Act.

• (f) The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances regulating design and improvements.

• (g) The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

• (h) The construction, financing or leasing of accessory dwelling units, subject to the provisions of Article 14 of Chapter 5.

• (i) Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.

• (j) Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind powered electrical generation device which is subject to discretionary action by the City.

• (k) The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation, as defined in California Public Utilities Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennas, transmission equipment, support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the Planning and Building Director, Planning Commission or City Council.

• (Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

• (a) Except as otherwise provided in subsection (b) of this section:

  • (1) No person shall offer to sell or lease, contract to sell or lease, sell or lease, or finance any parcel of real property, or commence the construction of any building for sale, lease, or financing thereon except for model homes, or allow the occupancy thereof, for which a tentative or final map is required by the provisions of this chapter or the Subdivision Map Act until such tentative or final map, in full compliance with the provisions of this chapter and the Subdivision Map Act, has been filed for record in the office of the Alameda County Recorder.

  • (2) No person shall sell, lease, or finance any parcel of real property, or commence the construction of any building for sale, lease, or financing thereon except for model homes, or allow the occupancy thereof, for which a parcel map is required by the provisions of this chapter or the Subdivision Map Act until such parcel map, in full

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compliance with the provisions of this chapter and the Subdivision Map Act, has been filed for record in the office of the Alameda County Recorder.

• (3) The conveyance of any part of a division of real property for which a final or parcel map is required by the provisions of this chapter or the Subdivision Map Act shall not be made by parcel or block number, initial, or other designation, unless and until such map has been filed for record in the office of the Alameda County Recorder.

• (4) The provisions of this subsection shall not apply to any parcel of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including City laws, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

• (5) Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this chapter, in addition to being a misdemeanor, shall be voidable to the extent and in the same manner provided in the Subdivision Map Act.

• (b) Persons may offer to sell or contract to sell a parcel split prior to the approval thereof in accordance with the provisions of this chapter only if the offer to sell or contract to sell provides in writing that the transfer of the title and the close of the escrow, if any, are conditioned upon the approval of the final parcel map, in accordance with the provisions of this chapter, prior to the consummation of the sale.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

• (a) A person owning real property or a vendee of such person under a contract of sale may request a certificate of compliance from the City Engineer indicating whether the real property complies with the provisions of the Subdivision Map Act and this chapter. A written application for a certificate of compliance shall be accompanied by a current preliminary title report showing the legal owner of the property.

• (b) If the City Engineer determines that the real property complies with the provisions of the Subdivision Map Act and this chapter, the City Engineer shall file a certificate of compliance for recording with the Alameda County Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this chapter.

• (c) If the City Engineer determines that the real property does not comply with the provisions of the Subdivision Map Act or this chapter, the City Engineer may, as a condition to granting a certificate of compliance, impose conditions in accordance with Section 66499.35(b) of the Subdivision Map Act. Upon the City Engineer's making such a determination and establishing such conditions, the City Engineer shall file a conditional certificate of compliance for record with the Alameda County Recorder. The certificate shall serve as notice to the property owner and any successor that the fulfillment and implementation of such conditions shall be required before subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions is not required until the City issues a permit or other grant of approval for development of the property.

• (d) A recorded final map or parcel map constitutes a certificate of compliance with respect to the parcels of real property described on the map.

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• (e) The applicant for a certificate of compliance shall pay the City a fee to cover the reasonable cost of processing the application as set forth in the Master Fee Schedule.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Except as otherwise provided in this chapter, all subdivisions shall be processed in accordance with the applicable common procedures in Article 2 of Chapter 7.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Reversion to acreage shall be processed in accordance with the applicable provisions of the Subdivision Map Act.

• (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

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City of Emeryville, CA