Article 2 — Major Subdivisions

A tentative and final map shall be required for all subdivisions creating five (5) or more parcels, five (5) or more condominiums as defined in California Civil Code Section 783, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where:

• (a) The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the City.

• (b) Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway.

• (c) The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City as to street alignments and widths.

• (d) Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section.

• (e) The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act.

A parcel map pursuant to Article 3 shall be required for those subdivisions described in subsection (a), (b), (c), (d), or (e) of this section or those creating four (4) or fewer parcels. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Three (3) paper prints of a tentative map, prepared as described in Section 9-6.203, shall be filed with the Planning and Building Director, accompanied by an application form provided by the Director, data and reports as set forth in Section 9-6.204, and the applicable fee as set forth in the Master Fee Schedule. If the subdivision lies partially within two (2) or more cities, the tentative map shall be filed with each city and acted upon by each.

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

• (a) General. A tentative map shall be based upon a field survey made in conformity with the Land Surveyors Act, shall be prepared by or under the direction of a land surveyor registered in the State of California or a civil engineer registered in the State of California who is authorized to perform land surveying, shall be legibly drawn, shall include a description of the real property being subdivided and the names, addresses, telephone numbers, and email addresses of the persons preparing and filing the map, and shall conform to the requirements of this section and the Subdivision Map Act.

• (b) Map Sheets. The size of each sheet shall be eighteen inches (18") by twenty-six inches (26"). A marginal line shall be drawn completely around each sheet, leaving an entirely

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blank margin of one inch (1"). The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this. The number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. The subdivision number shall be shown on each sheet. One (1) or more reduced sets of the map sheets may also be required to be submitted, as specified by the Director.

• (c) Scale, North Arrow and Basis of Bearings. Each sheet shall include a scale, north arrow, and basis of bearings based on previously recorded final maps, parcel maps, or records of survey in the vicinity of the site. The basis of bearings shall be approved by the City Engineer.

• (d) Boundaries and Monuments. The exterior boundaries of the land included within the subdivision shall be clearly indicated by distinctive symbols. The map shall show the definite location of the subdivision, and its relation to surrounding surveys. City boundaries that cross or join the subdivision shall be clearly designated. The location of all existing and proposed monuments shall be shown based on the required survey. The map shall include a sufficient legal description, including all bearings, tract and lot identification, and distances, of the land as to define the boundaries of the area to be divided, including and describing all monuments found or set. The engineer or surveyor shall set sufficient durable monuments to conform to the standards described in California Business and Professions Code Section 8771 so that another engineer or surveyor may readily retrace the survey.

rings, tract and lot identification, and distances, of the land as to define the boundaries of the area to be divided, including and describing all monuments found or set. The engineer or surveyor shall set sufficient durable monuments to conform to the standards described in California Business and Professions Code Section 8771 so that another engineer or surveyor may readily retrace the survey.

• (e) Linear, Angular and Radial Data. Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Bearing and distance of all straight lines, and arc length, radius, total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

• (f) Parcels. The location of each parcel shall be shown, including the exact layout, bearings, dimensions and area of each parcel. New lot lines shall be shown as solid lines, and original lot lines shall be dashed lines. Each parcel shall be numbered or otherwise designated. Each parcel must be shown completely on one (1) sheet; if more than one (1) sheet is required to show a parcel, the first sheet shall contain a small-scale, undimensioned map of the entire parcel. The location of any remainder of the original parcel shall be shown, but if such remainder has a gross area of five (5) acres or more, then it need not be shown as a matter of survey, but only by reference to the existing record boundaries of such remainder. Minimum lot size and width shall be in conformance with the requirements of Article 7 of Chapter 4.

• (g) Streets. The locations, names, and widths of all existing adjacent highways, streets, and ways and the width of all proposed highways, streets, and ways within the subdivision shall be shown. Each proposed highway, street, and way shall be named or otherwise designated, and a cross-sectional drawing of each shall be provided on the map.

• (h) Easements. The widths and locations of all existing and proposed easements for drainage, sewers, and public utilities shall be shown. Easements for roads or streets, paths, stormwater drainage, sanitary sewers, or other public use as may be required, shall be dedicated to the public for acceptance by the City or other public agency, and the use shall

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be specified on the map.

• (1) All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, such as the County Recorder's serial number and date, or book and page of official records.

• (2) Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

• (3) The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the City Engineer.

• (i) Buildings and Improvements. The location of buildings and improvements and their relationship to the existing and proposed lot lines shall be shown.

• (j) Adjoining Properties. All adjoining property shall be identified by subdivision number, or name when not identified by official number, and by reference to the book and page number of the filed map showing such subdivision. If no such subdivision is adjacent, the adjoining property shall be identified by the name of the owner and by reference to the recorded deed by book and page number for the last recorded owner of such adjacent property.

• (k) Owners' Consent. The tentative map shall indicate the names, addresses, telephone numbers and email addresses of all parties having any record title interest in the real property to be subdivided, and shall include a certificate, signed and acknowledged by all such parties, consenting to the preparation and recordation of the final map, except as provided in Section 66436 of the Subdivision Map Act.

(Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

The tentative map shall be accompanied by the following data and reports as may be required by the Planning and Building Director or City Engineer:

• (a) Title Report. A preliminary title report, showing the legal owners at the time of filing the tentative map, shall be submitted with the tentative map.

• (b) Soils Report. The Planning and Building Director or City Engineer may require the preparation of a preliminary soils report. If a preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, could lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The Director or City Engineer may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory. The preliminary soils report may be waived if the Director or City Engineer determines that, due to knowledge of the soil qualities in the subdivision, no preliminary analysis is necessary.

• (c) Geotechnical Report. A geotechnical report that evaluates seismic hazards and

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• recommends appropriate mitigation measures, prepared in compliance with the requirements of the State Seismic Hazard Mapping Act, shall be submitted with the tentative map. The report shall identify mitigation measures that will be incorporated in design of the subdivision to mitigate hazards from liquefaction and other seismic hazards subject to approval by the Planning and Building Director.

• (d) Environmental Site Assessment. The Planning and Building Director or City Engineer may require the preparation of a Phase I environmental site assessment to determine the probable existence of any hazardous waste on the property, including contamination of soil, groundwater, or surface water. Such report shall be based on reasonably available knowledge of the property, including, but not limited to, historical use of the property, prior releases, visual and other surveys, records, consultant reports, and regulatory agency correspondence. The exact form and content of the report shall be as specified by the Director or City Engineer. If the report concludes that hazardous waste may exist on the property, further evaluation and/or remediation may be required as a condition of approval of the tentative map.

• (e) Environmental Review Information. The subdivider shall provide additional data and information and pay such fees as may be required for the preparation and processing of environmental documents pursuant to the California Environmental Quality Act.

• (f) Other Reports. Any other data or reports deemed necessary by the Planning and Building Director and/or the City Engineer shall be submitted with the tentative map.

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

• (a) Applicability.

  • (1) Whenever a provision of the Subdivision Map Act, as implemented and supplemented by these subdivision regulations, requires the filing of a tentative map, a vesting tentative map may instead be filed, in accordance with the provisions of this section.

  • (2) If a subdivider does not seek the rights conferred by a vesting tentative map, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

  • (3) No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose that is inconsistent with the General Plan and any applicable specific plan, or not permitted by this title or other applicable provisions of the Municipal Code.

• (b) Procedures.

  • (1) Filing and Processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this article for a tentative map, except as follows:

    • a. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

    • b. In addition to the data and reports required by Section 9-6.204, a vesting tentative map shall be accompanied by the following plans and reports when

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deemed necessary by the Planning and Building Director:

     - i. Grading plans prepared in accordance with City standards, including, but not limited to, the grading regulations of Chapter 5 of Title 7 and the building regulations in Title 8. 

     - ii. Structural plans for any development proposed to be constructed on the subdivided property in compliance with the building regulations in Title 8. 

     - iii. Energy calculations for any development proposed to be constructed on the subdivided property in compliance with the building regulations in Title 8. 

  - c. A subdivider shall obtain all discretionary approvals that will be required under this title in conjunction with the approval or conditional approval of the vesting tentative map in order to construct the development including, but not limited to, General Plan amendments, zoning changes, conditional use permits, variances, and design review. An application for a vesting tentative map shall be determined to be incomplete if other required discretionary permit applications have not been submitted at the same time. 

  - d. Upon filing a vesting tentative map, the subdivider shall pay the fees required by the City for the filing and processing of a tentative map as set forth in the Master Fee Schedule.

• (2) Applications Inconsistent with Zoning. If the City determines that a vesting tentative map is inconsistent with the zoning of the property, the City may deny the vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary zoning changes to eliminate the inconsistency. If the necessary zoning changes are obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the zoning changes as approved.

• (c) Vesting of Development Rights. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time that the application is determined to be complete by the City pursuant to California Government Code Section 66474.2, subject to the following:

  • (1) Any fees required for development under an approved vesting tentative map shall be payable at the rates in effect at the time such fees are due.

  • (2) A subsequent permit, approval, extension, building permit, or entitlement may be made conditional or denied pursuant to later ordinances, policies and standards if any of the following are determined:

    • a. A failure to do so would place the residents of the subdivision or the immediate community in a condition dangerous to their health or safety.

    • b. The condition or denial is required, in order to comply with State or Federal law.

• (d) Expiration and Extension.

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• (1) The approval or conditional approval of a vesting tentative map shall expire at the end of the same period, and shall be subject to the same extensions that this article establishes for the expiration of the approval or conditional approval of a tentative map.

• (2) Following the recording of a final map, the vested development rights shall last for the following periods of time:

  • a. An initial time period of two (2) years beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

  • b. The initial time period set forth in subsection (d)(2)(a) of this section shall be automatically extended by any time used for processing a complete application for discretionary approvals for the proposed development, including, but not limited to, General Plan amendments, zoning changes, conditional use permits, variances, design review or grading permits if such processing exceeds thirty (30) days from the date a complete application is filed.

(2)(a) of this section shall be automatically extended by any time used for processing a complete application for discretionary approvals for the proposed development, including, but not limited to, General Plan amendments, zoning changes, conditional use permits, variances, design review or grading permits if such processing exceeds thirty (30) days from the date a complete application is filed.

• (3) A subdivider may apply to the Planning Commission for a one (1) year extension at any time before the initial time period set forth in subsection (d)(2)(a) of this section expires. If the extension is denied, the subdivider may appeal that denial to the City Council pursuant to Article 14 of Chapter 7.

• (4) If the subdivider submits a complete application for a building permit prior to the expiration of the final map, the development rights shall continue until the expiration of such building permit or the expiration of any extension of that permit.

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

• (a) Determination of Complete Application. The Planning and Building Director shall determine whether an application is complete within thirty (30) days after receipt of the application and shall notify the applicant of the determination in writing. A tentative map application shall be accepted for filing only when the Planning and Building Director determines that:

  • (1) All maps and information required by these subdivision regulations and the Subdivision Map Act have been submitted, checked and accepted as complete.

  • (2) All information required to conduct environmental review in compliance with the California Environmental Quality Act has been submitted.

  • (3) The required fees and deposits as set forth in the Master Fee Schedule have been paid.

• (b) Referral. Within five (5) days of the Director's determination that a tentative map application is complete, the Director shall forward copies of the application to the City Engineer, other affected City departments, public agencies, and utilities including, but not limited to, the Emery Unified School District and the East Bay Municipal Utility District.

The affected public agencies and utilities may, in turn, forward to the Director their findings and recommendations.

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

The City Engineer shall review the form and contents of the tentative map and accompanying data and reports pursuant to the requirements of this chapter and any additional requirements established by the City Engineer, and shall convey his or her comments to the subdivider's engineer or surveyor. The subdivider's engineer or surveyor shall make corrections and/or additions until the map is acceptable to the City Engineer.

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

• (a) Public Hearing. The Planning Commission shall hold a public hearing on a tentative map pursuant to the Section 66451.3 of the Subdivision Map Act and the requirements of the common procedures in Article 2 of Chapter 7. The Planning and Building Director shall prepare and distribute a staff report pursuant to Section 66452.3 of the Subdivision Map Act, including distribution of the staff report at least three (3) days prior to the hearing to the subdivider and, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, to each tenant of the subject property.

• (b) Action Required. After conducting a public hearing, the Planning Commission shall approve, conditionally approve, or deny a tentative map within fifty (50) days after certification of an environmental impact report, adoption of a negative declaration or determination that the project is exempt from the requirements of the California Environmental Quality Act.

• (c) Findings. A tentative map may be approved or conditionally approved only if all of the following findings are made:

  • (1) Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan or area plan, these subdivision regulations, this title, and other applicable provisions of the Emeryville Municipal Code.

  • (2) Lot Width, Area, and Design. The proposed lots are of such width, area, and design as the Commission finds to be necessary to preserve the purpose and intent of this chapter and these planning regulations.

  • (3) Passive or Natural Heating and Cooling. The design of the subdivision will provide, to the extent feasible, for future passive or natural heating and cooling features in accordance with Section 66473.1 of the Subdivision Map Act.

  • (4) Availability of Water. Water will be available and sufficient to serve a proposed subdivision with more than five hundred (500) dwelling units in accordance with Section 66473.7 of the Subdivision Map Act.

  • (5) Site Suitability. The site is physically suitable for the type and density of development proposed.

  • (6) Fish and Wildlife. The design of the subdivision and the proposed improvements are

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not likely to cause substantial environmental damage or to substantially and avoidably injure fish or wildlife or their habitat.

• (7) Public Health. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

• (8) Easements. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The Planning Commission or City Council, acting on an appeal, 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 easements previously acquired by the public. This shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to the Planning Commission or City Council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

  • (9) Sewers. The waste discharge into the City sewer system from the proposed subdivision would not add to, or result in, violations of requirements of the Regional Water Quality Control Board, the City's National Pollutant Discharge Elimination System (NPDES) permit, or other restrictions of the sanitary sewer collection system imposed on the City.

• (d) Exceptions. Exceptions to the standards set forth in this chapter may be approved if all of the following findings are made:

  • (1) That the strict application of any such standard would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this chapter.

  • (2) That there are exceptional circumstances or conditions applicable to the property being subdivided or to its intended use or development.

  • (3) That the granting of the exception will not be materially detrimental to the public welfare nor injurious to the property being subdivided or to improvements in the immediate vicinity.

• (e) Conditions of Approval. Conditions necessary to make the findings required by this section or to meet the requirement of these planning regulations or the Subdivision Map Act may be imposed on the approval of a tentative map, including, but not limited to, the following:

  • (1) Recommendations of Public Agencies and Utilities. Conditions related to any recommendations of affected public agencies and utilities submitted pursuant to Section 9-6.206(b) may be imposed on the tentative map.

  • (2) Joint Use. A condition may be imposed, when applicable, requiring agreements for the joint use of portions of private streets and driveways, including areas to be landscaped and jointly maintained.

  • (3) Indemnification. Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach, set aside, void or annul an approval of

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the Planning and Building Director, Planning Commission, or City Council concerning a subdivision. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense.

• (4) Multiple Final Maps. If the subdivider has provided written notice of the intention to file multiple final maps on the tentative map pursuant to Section 9-6.215, reasonable conditions may be imposed relating to the filing of multiple final maps.

• (5) Residential Condominiums. Residential condominiums shall be conditioned to require recordation of covenants, conditions, and restrictions that include the current basic eligibility requirements of the Federal Housing Administration (FHA) for condominium project approval, including, but not limited to, requirements for owner occupancy and limitations on investor ownership and commercial space.

• (f) Approval by Failure to Act. If no action is taken by the Planning Commission within the time limit specified in subsection (b) of this section, and all other applicable City and State requirements have been met, including but not limited to compliance with the Subdivision Map Act, these subdivision regulations, other applicable City regulations, the General Plan and the California Environmental Quality Act, the tentative map application shall be deemed to be approved by the Planning Commission. It shall be the duty of the City Clerk to certify the approval. The appeal period to the City Council pursuant to Article 14 of Chapter 7 shall begin on the date of such certification.

(Sec. 9 (part), Ord. 15-009, eff. Dec. 3, 2015; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

• (a) Expiration. Except as otherwise provided by Section 66452.6 of the Subdivision Map Act, a tentative map shall expire two (2) years after the date of its approval by the Planning Commission or City Council acting on an appeal unless an application for a final map is filed pursuant to the requirements of this chapter within that period. However, the expiration date shall be extended in accordance with Section 66452.6(a) of the Subdivision Map Act if the filing of multiple final maps is authorized pursuant to Section 9-6.215, and if the subdivider is required to provide off-site improvements in the amounts specified in Section 66452.6(a) of the Subdivision Map Act.

• (b) Extensions.

  • (1) Request by Subdivider. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Planning and Building Director prior to expiration of the map. If such a request is filed, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.

  • (2) Public Hearing. The Planning and Building Director shall prepare and distribute a staff report and the Planning Commission shall hold a public hearing on an extension request pursuant to the requirements of the common procedures in Article 2 of Chapter 7.

  • (3) Planning Commission Action. The Planning Commission may approve the extension request only if it makes all of the following findings:

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  - a. That the subdivider has clearly documented that it has made a good faith effort to complete the subdivision process. 

  - b. That it is in the best interest of the City of Emeryville to extend the tentative map. 

  - c. That there are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken, and no new information of substantial importance that would require any further environmental review pursuant to the California Environmental Quality Act. 

• (4) Time Limit of Extension. Time extensions approved by the Planning Commission may be for a period of up to two (2) years. In no case shall the expiration of the tentative map extend more than six (6) years from the date of its approval by the Planning Commission or City Council acting on an appeal, except as otherwise provided by the Subdivision Map Act. After that time, a new tentative map application shall be required.

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

• (a) Minor Changes. Minor changes in an approved tentative map may be approved by the Planning and Building Director and City Engineer upon application by the subdivider or on the City's initiative; provided, that:

  • (1) No lots, units or building sites or structures are added.

  • (2) Changes are consistent with the intent of the original tentative map approval.

  • (3) There are no resulting violations of the Municipal Code.

• (b) Substantive Changes. Amendments of the tentative map that, in the opinion of the Planning and Building Director or City Engineer, are not minor shall be referred to the Planning Commission for a decision, subject to the procedures for processing a tentative map as set forth in this article.

• (c) Expiration Date. Any approved amendment shall not alter the expiration date of the tentative map.

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

The Planning Commission's decisions on tentative maps, including extensions and amendments, may be appealed to the City Council pursuant to Article 14 of Chapter 7 and Section 66452.5 of the Subdivision Map Act.

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

A final map conforming to the approved or conditionally approved tentative map, prepared as described in Section 9-6.213 and accompanied by data and reports as set forth in Section 9-6.214, shall be filed with the Planning and Building Director for approval after all the required certificates on such map have been signed and, where necessary, acknowledged. If the

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subdivision lies partially within two (2) or more cities, the map shall be filed with each city and acted upon by each as provided in Section 66457(b) of the Subdivision Map Act. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

The form and content of a final map shall conform to the requirements of this section and Section 66443 of the Subdivision Map Act, and shall be the same as that of a tentative map, as set forth in Section 9-6.203, except as follows:

• (a) Permanence. A final map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

• (b) Monuments. At least one (1) exterior boundary line shall be marked with a standard City monument prior to recording the final map. Other monuments shall be set as required by the City Engineer at or on approved offsets from the following locations:

  • (1) The intersection of street centerlines;

  • (2) Beginning and end of curves or intersection of tangents on centerlines; and

  • (3) Other locations as required by the City Engineer.

• (c) Abandonment of Streets and Easements. The filing of the final map shall constitute abandonment of all public streets and public easements not shown on the map; provided, that a written notation of each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified on the map by the City Manager. Before a public easement vested in another public entity may be abandoned pursuant to this section, that public entity shall receive notice of the proposed abandonment. No public easement vested in another public entity shall be abandoned pursuant to this section if that public entity objects to the proposed abandonment.

• (d) Engineer's/Surveyor's Statement. The final map shall contain a statement by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicated, or that they will be set in those positions on or before a specified date, and that the monuments are, or will be, sufficient to enable the survey upon which the final map is based to be retraced.

• (e) City Engineer's Statement. The final map shall include a statement to be signed by the City Engineer confirming that he or she has examined it and found it to be technically correct, consistent with the approved tentative map, and in compliance with these subdivision regulations and the Subdivision Map Act.

• (f) Planning and Building Director's Statement. The final map shall include a statement to be signed by the Planning and Building Director confirming that he or she has examined it and found it to be in compliance with the tentative map as approved by the Planning Commission or City Council, acting on an appeal, indicating the date of such approval, and indicating that the map is in compliance with the Emeryville General Plan and all other planning requirements.

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• (g) Additional Information. The City may require additional information to be recorded simultaneously with the final map. Whenever additional information is made by a separate document, there shall appear on the final map a reference to the separately recorded document. This reference shall be completed by the Alameda County Recorder according to Section 66468.1 of the Subdivision Map Act. Additional information may include the following:

  • (1) Covenants, codes and restrictions.

  • (2) Regulatory agreements.

  • (3) Property maintenance agreements.

  • (4) Other documents or agreements required by the Planning Commission as conditions of approval on the tentative map.

  • (5) Additional survey and map information including, but not limited to, building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, and archaeological sites. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of the recording, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records, or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.

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

The final map shall be accompanied by the following data or reports as may be required by the Planning and Building Director or City Engineer:

• (a) Title Report. A title report, showing the legal owners at the time of filing the final map, shall be submitted with the final map, accompanied by copies of all deeds and easement descriptions referenced in the report.

• (b) Guarantee of Title. A guarantee of title, in a form acceptable to the City Engineer and City Attorney, shall be issued by a competent title company to and for the benefit and protection of the City and shall continue up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents to the making thereof and affidavits of dedication where necessary.

• (c) Deeds and Maps. The final map shall be accompanied by copies of deeds for all adjoining property, and copies of all maps referenced in the title report.

• (d) Easements. The final map shall be accompanied by written evidence of rights of entry or permanent easements across private property outside of the subdivision that permit or grant access to perform necessary construction work or permit the maintenance of any sewer,

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EMERYVILLE CODE

9-6.215

water, electric and/or other facility.

• (e) Improvement Plans and Agreement. Improvement plans and an improvement agreement as required by Article 6 of this chapter shall accompany the final map.

• (f) Soils Report. If the Planning and Building Director or City Engineer required a preliminary soils report with the filing of the tentative map, and if the preliminary soils report indicated the presence of critically expansive soils or other soil problems which, if not corrected, could lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The Director or City Engineer may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory.

• (g) Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines shall be submitted with the final map.

• (h) Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains shall be submitted with the final map if determined necessary by the City Engineer.

• (i) Covenants, Conditions and Restrictions. If required by the City, the submittal of the final map for a common interest development within the meaning of California Civil Code Section 1350 et seq. shall include the proposed declaration of covenants, conditions and restrictions containing the provisions described in California Civil Code Section 1353, and all other governing documents for the subdivision. The submittal of the final map for all subdivisions other than a common interest development shall include any proposed declaration of covenants, conditions and restrictions. All documents shall be subject to review and approval by the Planning and Building Director, City Engineer, and City Attorney.

• (j) Electronic Copy. The final map shall be submitted in an approved electronic format as required by the Planning and Building Director and City Engineer.

• (k) Other Reports. Any other data or reports deemed necessary by the Planning and Building Director and/or the City Engineer shall be submitted with the final map.

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

• (a) Notice of Intention to File Multiple Final Maps. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map is filed, informs the Planning and Building Director in writing of the subdivider's intention to file multiple final maps on the tentative map, or after the filing of the tentative map the subdivider and Planning and Building Director concur in the filing of multiple final maps. In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps.

• (b) Filing of Multiple Final Maps. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map that constitutes a part of the approved or conditionally approved tentative map shall have a separate subdivision number, and shall be subject to any reasonable

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City of Emeryville, CA

PLANNING REGULATIONS

9-6.215

9-6.218

conditions imposed pursuant to Section 9-6.208(e)(4). The public improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

• (a) Review by City Engineer and Planning and Building Director. The subdivider's engineer or surveyor shall submit the final map, signed by all parties required to execute the statements on the map, to the City Engineer and Planning and Building Director for review. The subdivider's engineer or surveyor shall make any corrections and/or additions as required by the City Engineer and/or Planning and Building Director until the final map meets the requirements of the approved or conditionally approved tentative map and related City requirements.

• (b) Certification by City Engineer and Planning and Building Director. When the City Engineer and Planning and Building Director are satisfied that the final map meets the requirements of this chapter, they shall certify the map by signing the statements contained on the final map.

• (c) Acceptance of Dedications by City Manager. If any dedications are required pursuant to Article 6 of this chapter, the City Manager shall accept, accept subject to improvement, or reject any offer of dedication prior to recordation of the final map. The City Manager shall certify the acceptance by signing a statement to this effect on the final map. Any certificate for dedications prepared pursuant to Section 9-6.607 shall be included on the map.

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

Except as provided in Section 66493 of the Subdivision Map Act, upon certification of the final map by the City Engineer and Planning and Building Director, and acceptance of any dedications by the City Manager, the map shall be forwarded to the Alameda County Recorder or to a title company or other authorized agent that the subdivider has designated for transmittal to the County Recorder. If any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall be processed in accordance with Section 66493 of the Subdivision Map Act. If the subdivider dedicates property to the City, a certificate concerning the dedication as provided in Section 9-6.607 shall also be prepared and forwarded for recording, and a copy of the certificate shall be attached to the final map.

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

• (a) General. After a final map is recorded by the Alameda County Recorder, it may be amended by a certificate of correction or amending map. Corrections of errors and omissions may be approved by the City Engineer pursuant to subsection (b) of this section. Modifications to a final map due to changes that make any or all of the conditions of the map no longer appropriate or necessary require approval of the Planning Commission pursuant to subsection (c) of this section. The amending map or certificate of correction shall be prepared by or under the direction of a land surveyor registered in the State of California or a civil engineer registered in the State of California who is authorized to

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City of Emeryville, CA 9-6.218

EMERYVILLE CODE

9-6.218

perform land surveying. The form and contents of an amending map shall conform to the requirements for the form and contents of a final map as set forth in Section 9-6.213. An amending map shall set forth in detail the corrections made and show the names of the owners of the property affected by the correction or omission as of the date of the filing or recording of the original recorded map.

• (b) Corrections.

  • (1) Purposes. The City Engineer may approve a certificate of correction or amending map for any of the following purposes:

    • a. To correct an error in any course or distance shown on the map.

    • b. To show any course or distance that was omitted from the map.

    • c. To correct an error in the description of the real property shown on the map.

    • d. To indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with responsibilities for setting monuments.

    • e. To show the proper location of any monument that has been changed in location or character, or that was originally shown at the wrong location or incorrectly as to its character.

    • f. To correct any additional information filed or recorded pursuant to Section 66434.2 of the Subdivision Map Act if the correction does not impose any additional burden on the present owners of the property and does not alter any right, title, or interest in the real property reflected on the recorded map.

    • g. To correct any other type of map error or omission as approved by the City Engineer that does not affect any property right, including, but not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.

As used in this subsection, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final map.

• (2) Review. The amending map or certificate of correction shall be submitted to the City Engineer for review and approval, accompanied by the required fee as set forth in the Master Fee Schedule. The City Engineer shall examine the amending map or certificate of correction and, if the only changes are those set forth in subsection (b)(1) of this section, the City Engineer shall certify to this fact on the amending map or certificate of correction.

• (3) Certificate of Correction. The City Engineer shall have twenty (20) working days to examine the certificate of correction for compliance with this chapter, endorse a statement on it of his or her examination and certification, and present it to the County Recorder for recordation. If the City Engineer determines that the certificate of correction fails to comply with this chapter, the City Engineer shall return the certificate to the applicant with a written statement of the changes necessary. The City Engineer shall have ten (10) working days after resubmission and approval of the amended certificate of correction to present it to the County Recorder for recordation.

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City of Emeryville, CA

PLANNING REGULATIONS

9-6.218

9-6.218

• (c) Modifications. The Planning Commission must approve any modifications to a final map due to changes that make any or all of the conditions of the map no longer appropriate or necessary. The Planning Commission shall hold a public hearing pursuant to Section 9-6.208(a) on the proposed modifications. The Planning Commission shall approve the modifications only if it makes all of the following findings:

  • (1) There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary.

  • (2) The modifications do not impose any additional burden on the fee owners of the real property.

  • (3) The modifications do not alter any right, title, or interest in the real property reflected on the recorded map.

  • (4) The map as modified conforms to the findings of Section 9-6.208(c).

The City Engineer shall certify the amending map or certificate of correction as approved by the Planning Commission.

• (d) Recordation. The amending map or certificate of correction certified by the City Engineer shall be filed in the office of the Alameda County Recorder. After the County Recorder takes the actions required by Section 66472 of the Subdivision Map Act, the original map shall be deemed to have been conclusively so corrected and shall impart constructive notice of all the corrections in the same manner as though set forth on the original map.

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

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City of Emeryville, CA