Article 3 — Minor Subdivisions

A parcel map shall be required for all divisions of land into four (4) or fewer parcels and for divisions of land into five (5) or more parcels in the situations described in Section 9-6.201(a), (b), (c), (d), or (e), including construction of a condominium project on a single parcel that is not a conversion pursuant to Article 7 of this chapter, unless the Planning and Building Director, with the concurrence of the City Engineer, waives the requirement for a parcel map pursuant to Section 9-6.312. A parcel map shall not be required for lot line adjustments that meet the requirements of Article 4 of this chapter or in certain other situations as specified in the Subdivision Map Act. A parcel map shall be submitted, reviewed, and approved before being finalized for certification by the City and recordation with the Alameda County Recorder. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

Three (3) paper prints of a parcel map, prepared as described in Section 9-6.303, 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 9-6.304, and the applicable fee as set forth in the Master Fee Schedule. If the subdivision lies partially within two (2) or more cities, the parcel map shall be filed with each city and acted upon by each.

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

The form and content of a parcel map shall be the same as that of a final map, as set forth in Section 9-6.213, except as follows:

• (a) Owners' Consent. When a parcel map involves the division of land into four (4) or fewer parcels and dedications or offers of dedications are not required, the statement shall be signed and acknowledged by the subdivider only. If the subdivider does not have a record title ownership interest in the property to be divided, the subdivider shall provide the City with satisfactory evidence that the persons with record title ownership have consented to the proposed division. For purposes of this subsection, "record title ownership" means fee title of record unless a leasehold interest is to be divided, in which case "record title ownership" means ownership of record of the leasehold interest.

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

The parcel map shall be accompanied by the same data and reports as may be required by the Planning and Building Director or City Engineer for a tentative map pursuant to Section 9-6.204 and a final map pursuant to Section 9-6.214.

(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

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City of Emeryville, CA

PLANNING REGULATIONS

9-6.305

9-6.307

application and shall notify the applicant of the determination in writing. A parcel 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. Upon determining that a parcel map application is complete, the Director shall forward the application to the City Engineer for review. At his or her discretion, the Director may also forward copies of the application to 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.

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

The City Engineer shall review the form and contents of the parcel 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) Action Required. The Planning and Building Director shall approve, conditionally approve, or deny a parcel 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.

• (b) Findings. A parcel 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 Director 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

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City of Emeryville, CA 9-6.307

EMERYVILLE CODE

9-6.307

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 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 and Building Director or Planning Commission, acting on an appeal, may approve a parcel 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 Director or Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

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 Director or Commission 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.

• (c) 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.

• (d) 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 parcel 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 9-6.305(b) may be imposed on the parcel 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

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City of Emeryville, CA

PLANNING REGULATIONS

9-6.307

9-6.310

landscaped and jointly maintained.

• (3) Indemnification. Whether or not such a condition is explicitly listed as a condition of approval, every approved parcel 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 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.

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 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) 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.

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

The Planning and Building Director's decisions on parcel maps may be appealed to the Planning Commission 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) Review by City Engineer and Planning and Building Director. The subdivider's engineer or surveyor shall submit the parcel 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 it meets the requirements of its approval pursuant to Section 9-6.307.

• (b) Certification by City Engineer and Planning and Building Director. When the City Engineer and Planning and Building Director are satisfied that the parcel map meets the requirements of this chapter, they shall certify the map by signing the statements contained on the parcel 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 parcel map. The City Manager shall certify the acceptance by signing a statement to this effect on the parcel 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

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City of Emeryville, CA

EMERYVILLE CODE

9-6.310

9-6.311

parcel 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 parcel 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 included on the parcel map.

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

• (a) General. After a parcel 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 parcel 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 and Building Director 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 perform land surveying. The form and contents of an amending map shall conform to the requirements for the form and contents of a parcel map as set forth in Section 9-6.303. 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

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City of Emeryville, CA

PLANNING REGULATIONS

9-6.311

9-6.312

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 parcel 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.

• (c) Modifications. The Planning and Building Director must approve any modifications to a parcel map due to changes that make any or all of the conditions of the map no longer appropriate or necessary. The Planning and Building Director shall approve the modifications only if all of the following findings are made:

  • (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 9-6.307(b).

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

• (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)

• (a) Applicability. Pursuant to Section 66428(b) of the Subdivision Map Act, the Planning and Building Director with the concurrence of the City Engineer may waive the requirement

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City of Emeryville, CA 9-6.312

EMERYVILLE CODE

9-6.312

for preparation and filing of a parcel map for any of the following:

• (1) Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees.

• (2) Division of real property resulting from the conveyance of land or any interest therein to or from the City, public entity or public utility for a public purpose, such as park sites, school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.

• (b) Procedure. Any person desiring to obtain the approval of a parcel map waiver shall file two (2) paper prints of a plat and legal description with the Planning and Building Director, accompanied by an application form provided by the Director, and the applicable fee as set forth in the Master Fee Schedule. The form and content of such plat and legal description shall be as specified by the Director and City Engineer.

• (c) Action Required. The Planning and Building Director shall approve, conditionally approve, or deny a parcel map waiver within sixty (60) days of the application being deemed complete.

• (d) Findings. In order to approve a parcel map waiver the Planning and Building Director shall find that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, this chapter, these planning regulations, the Municipal Code, and the General Plan.

• (e) Conditions. Approval of a parcel map waiver may be conditioned to provide for, among other things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted by law.

• (f) Appeals. The Planning and Building Director's decision on a parcel map waiver may be appealed to the Planning Commission pursuant to Article 14 of Chapter 7 and Section 66452.5 of the Subdivision Map Act.

• (g) Recordation. Following the expiration of the appeal period pursuant to subsection (f) of this section, or the Planning Commission's final decision if appealed and approved, the City Engineer shall forward a plat and legal description of the approved division of land and a certificate of compliance identifying the real property and stating that the approved division of land complies with the provisions of the Subdivision Map Act and this article 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.

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

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City of Emeryville, CA