Article 6 — Improvements And Dedications

The purpose of this article is to establish the improvements, dedications and reservations that the City may impose on a subdivider as a condition for approval of a tentative map or a parcel map. (Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

• (a) General.

  • (1) Improvements Required for Subdivision Approval. No tentative map, parcel map, or other division of land subject to the provisions of this chapter shall be approved unless improvements are constructed or required to be constructed to serve the lots being created both on site and off site, including, but not limited to, those improvements described in this section. As a condition of approval there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public, subject to the provisions of Sections 66485 through 66489 of the Subdivision Map Act.

  • (2) Improvement Plans. Before beginning construction of any improvements, a complete set of plans, profiles, cross sections, and other drawings for all improvements, together with a complete set of detailed specifications for the work, prepared according to City standards and specifications, shall be submitted to the City Engineer for review and approval. Once approved, one (1) or more complete sets of plans and specifications, as required, shall be furnished to the City Engineer. No work shall commence without approved plans and specifications.

  • (3) Design of Improvements. The design and layout of all required improvements, both on and off site, private and public, shall conform to generally accepted engineering standards, to the standard specifications for public works construction as set forth in Chapter 7 of Title 7, to such standards as approved by the City Engineer, and, where applicable, to the standards of Section 9-6.609, Design Standards.

• (b) Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural sections, curbs, gutters, sidewalks, alleys, street trees, street lights, driveway approaches and transitions, and right-of-way surfaces. Property corners abutting the public right-of-way shall be located and marked in a manner acceptable to the City Engineer.

• (c) Pedestrian Ways. Pedestrian ways, including paving, landscaping, fences and other amenities, may be required in all locations shown in the General Plan and shall be constructed in conformance with the General Plan and the Pedestrian and Bicycle Plan:

  • (1) To provide access to greenways, trails or bikeways as shown in the General Plan.

  • (2) Through the middle of blocks that are more than five hundred feet (500') in length or as otherwise indicated in the General Plan.

Downloaded from https://ecode360.com/EM4426 on 2026-05-11

City of Emeryville, CA

PLANNING REGULATIONS

9-6.602

9-6.602

• (3) To connect streets that have only one (1) outlet.

• (4) To provide access to playgrounds, parks, schools, shopping areas, or similar community facilities.

• (d) Bikeways. Bikeways, including Class I paths, Class II bike lanes, Class III signed bike routes, and/or bicycle boulevards, may be required in all locations shown in the General Plan and shall be constructed in conformance with the General Plan and the Pedestrian and Bicycle Plan. Appropriate signs as may be required shall be furnished and installed by the subdivider.

• (e) Trails and Greenways. Trail and greenway improvements may be required as shown in the General Plan, the Pedestrian and Bicycle Plan, and any applicable area plan.

• (f) Street Trees. The subdivider may be required to plant street trees at no more than twentyfive feet (25') on center along all public or private streets within and/or bordering the subdivision, in conformance with the General Plan, Emeryville Design Guidelines, and any applicable area plan. The location, species and size of trees shall be as specified in any associated project approvals or as approved by the Director of Public Works, and shall be indicated on the improvement plans. Street trees shall be planted in accordance with City standards and specifications.

• (g) Storm Drainage. Stormwater runoff from the subdivision shall be treated on site in accordance with the stormwater management requirements in Chapter 13 of Title 6, and shall be collected and conveyed by an approved storm drain system. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement.

• (h) Sanitary Sewers. A sewage collection system designed and constructed to serve each unit or lot within the subdivision and connected to the City's sewer collection system shall be provided as required. Sewer laterals shall comply with the requirements of Chapter 8 of Title 7.

• (i) Water Supply. Each unit or lot within the subdivision shall be served by an approved water distribution system designed and constructed to supply domestic water for use on each lot or by each unit, for fire-fighting purposes, and to provide landscape irrigation as shown on approved plans. The water supply system for any industrial, commercial, or residential subdivision for which a tentative map or parcel map is required pursuant to this chapter and Section 66426 of the Subdivision Map Act shall comply with the requirements of Section 9-4.603 regarding recycled water.

h lot or by each unit, for fire-fighting purposes, and to provide landscape irrigation as shown on approved plans. The water supply system for any industrial, commercial, or residential subdivision for which a tentative map or parcel map is required pursuant to this chapter and Section 66426 of the Subdivision Map Act shall comply with the requirements of Section 9-4.603 regarding recycled water.

• (j) Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone and cable television facilities. All utility distribution facilities shall be placed underground. All transformers shall be placed underground unless prior permission is granted by the City to place them above ground, in which case they shall be screened from public view by fencing, dense landscaping, or other acceptable means. Other appurtenant equipment, such as pedestal-mounted terminal boxes and meter cabinets, may be placed above ground but shall be screened from public view by fencing, dense landscaping, or other acceptable means. No transformers or other appurtenant equipment shall be placed in the public rightof-way or on any sidewalk.

Downloaded from https://ecode360.com/EM4426 on 2026-05-11

City of Emeryville, CA

EMERYVILLE CODE

9-6.602

9-6.603

• (k) Fire Hydrants. Fire hydrants, gated connections, and appurtenances as required by the Fire Department shall be provided. Improvement plans showing such hydrants, connections, and appurtenances shall be shown on the improvement plans that are submitted for review and approval by the Fire Department.

• (l) Off-Site Improvements. Pursuant to Section 66462.5 of the Subdivision Map Act, if the subdivider is required to construct off-site improvements on land in which neither the City nor the subdivider has sufficient title or interest to allow construction, the City shall, within one hundred twenty (120) days of recording the final map, acquire by negotiation or commence condemnation of the land. Prior to approval of the final map, the City may require the subdivider to enter into an agreement to complete the off-site improvements at the time the City acquires title or interest in the land. If no such agreement is required and the City fails to meet the one hundred twenty (120) day time limit, the condition for the construction shall be waived. The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements.

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

• (a) General. If the improvements required by Section 9-6.602 are not completed prior to the filing of the parcel map or final map, the subdivider shall enter into an improvement agreement with the City for the construction of the required improvements. Such agreement is subject to the approval of the City Manager as recommended by the City Engineer and approved as to form by the City Attorney. The agreement shall provide for:

  • (1) Construction of all improvements according to the approved plans and specifications on file with the City Engineer.

  • (2) Specified times for completion of improvements.

  • (3) Right by City to require changes to the plans and specifications in accordance with the development requirements and to require the subdivider to pay for the modifications.

  • (4) Payment of applicable fees as set forth in the Master Fee Schedule.

  • (5) Improvement security in accordance with Section 66499 et seq. of the Subdivision Map Act.

  • (6) Posting of a performance bond for one hundred percent (100%) of the value of the improvements, at prevailing wage, and, upon completion and acceptance by the City of the improvements, a one (1) year warranty bond guaranteeing the constructed improvements from defects.

  • (7) Release and indemnification of the City from all liability incurred by the development and payment of all reasonable attorney's fees that the City may incur because of any legal action arising from the development.

  • (8) Any other provisions required by the City as reasonably necessary to comply with the requirements of this chapter.

• (b) Deferred Agreements. An agreement may be made between the subdivider and the City to defer the construction of public improvements until such time as the improvements are

Downloaded from https://ecode360.com/EM4426 on 2026-05-11

City of Emeryville, CA

PLANNING REGULATIONS

9-6.603

9-6.605

necessary to preserve the general purposes of this title. No such agreement shall be valid until and unless it is secured by a good and sufficient surety bond or cash deposit adequate to cover all the costs and administrative expenses of the improvements in the event of default. If the subdivider or subsequent owner of the subdivision desires to construct the improvements, the City will release the deposit to the subdivider or subsequent owner of the subdivision after the improvements are constructed, inspected, and accepted as complete by the City.

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

• (a) Completion. The subdivider shall complete the subdivision improvements within twelve (12) months from the recording of the parcel map or final map, or at a time approved by the City Engineer, not to exceed twenty-four (24) months from the recording of the parcel map or final map, unless an extension is granted by the City Manager. If the subdivider fails to complete the improvements within the specified time, the City may, by resolution of the City Council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs. All improvements are subject to inspection by the City Engineer to ensure that they have been completed in accordance with the improvement agreement.

• (b) Acceptance. Upon completion of the improvements required by the provisions of this article, the subdivider or his authorized agent shall file a complete set of record drawings with the City Engineer. Such record drawings shall be certified as to accuracy and completeness by the subdivider's engineer of record. Upon the receipt and acceptance of such record drawings for major subdivisions, the City Engineer shall recommend to the City Manager the formal acceptance of the improvements.

• (c) Acceptance of a Portion of Improvements. When requested by the subdivider in writing, the City may consider acceptance of a portion of the improvements as recommended by the City Engineer. The improvements will be accepted by the City only if it finds that it is in the public interest and such improvements are for the use of the general public. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this chapter. Acceptance of a portion of the improvements shall be in accordance with subsection (b) of this section.

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

When required as a condition for approval of a tentative map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision that is needed for:

• (a) Streets, Alleys and Other Public Rights-of-Way or Easements. Streets and alleys, as shown in the General Plan, including access rights and abutters' rights, drainage, public utility easements and other public easements, as deemed necessary by the City Engineer. The waiver of direct access rights, as provided by Section 66476 of the Subdivision Map Act, may be required if the City determines that the public interest necessitates such a waiver.

• (b) Bicycle Paths. Bicycle paths and greenways as shown in the General Plan for the use,

Downloaded from https://ecode360.com/EM4426 on 2026-05-11

City of Emeryville, CA 9-6.605

EMERYVILLE CODE

9-6.608

safety, and benefit of the residents of the subdivision.

• (c) Transit Facilities. Local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of the subdivision.

• (d) Parkland. Land for open space, park and recreational purposes, based on the General Plan standard of three (3) new acres of parkland per one thousand (1,000) new residents, and one-fourth (1/4) acres per one thousand (1,000) new employees, as further detailed in the General Plan and the Parks and Recreation Strategic Plan, and in conformance with the requirements of Section 66477 of the Subdivision Map Act. In lieu of such dedication, the City may require the subdivider to make a contribution to a Citywide Park Fund, or may require a combination of such land dedication and in-lieu fee pursuant to the requirements of Section 66477 of the Subdivision Map Act.

• (e) Drainage Facilities. Storm drain rights-of-way or easements as deemed necessary by the City Engineer.

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

• (a) Action Upon Approval of Map. At the time the City approves a final map or parcel map, the City shall also accept, accept subject to improvement, or reject any offer of dedication. The City Manager shall certify or state on the map the City's action.

• (b) Rescission of Rejection. If, at the time the final map or parcel map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities which directly benefit the residents of a subdivision, or storm drainage easements are rejected by the City, the offer of dedication shall remain open and the City may at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, public utility easements, rights-of-way for local transit facilities or storm drainage easements for public use, which acceptance shall be recorded in the office of the Alameda County Recorder.

• (c) Termination of Offers. Offers of dedications may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by California Streets and Highways Code Division 9, Part 3 (commencing with Section 8300).

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

The City shall record a certificate with the Alameda County Recorder for any dedication for public purpose or for making public improvements or constructing public facilities, other than for open space, parks, or schools. The certificate shall be included on the map and shall contain the name and address of the subdivider dedicating the property; a legal description of the real property being dedicated; and a statement that the City shall reconvey the property to the subdivider if the City makes a determination that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.

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

Downloaded from https://ecode360.com/EM4426 on 2026-05-11

City of Emeryville, CA

PLANNING REGULATIONS

9-6.608

9-6.609

• (a) General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards contained in this section.

• (b) Standards for Reservation. Where a park, recreational facility, fire station, library, or other public use is shown on the General Plan, the subdivider may be required by the City to reserve sites determined by the City to be in accordance with the policies and standards of the plan. The reserved area must be of such size and shape as to permit the balance of the property to develop in an orderly and efficient manner. The amount of land reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the General Plan, and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

• (c) Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map, enter into a binding agreement to acquire the reserved area within two (2) years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.

• (d) Payment. The purchase price shall be the market value of the reserved land at the time of the filing of the tentative map, plus the taxes against the reserved land from the date of the reservation and any maintenance costs incurred by the subdivider including interest costs incurred on any loan covering the reserved area.

• (e) Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement, as provided for in California Government Code Section 66480, the reservation of the area shall automatically terminate.

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

• (a) Access.

  • (1) A subdivision shall abut upon or have an approved access to a public or private street. Each unit or lot within the subdivision shall have access to a public or private street.

  • (2) Street layout shall be designed to provide for future access to undeveloped property adjoining the subdivision. Reserve strips, or nonaccess at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required.

  • (3) In no event shall lots in a proposed subdivision that do not abut a public or private street be served by access that traverses an existing lot that abuts a public or private street. This does not preclude flag lots where access through an existing parcel abuts an existing property line.

• (b) Streets and Paths.

  • (1) Private streets, alleys, or access corridors are not permitted unless approved as part of a major or minor subdivision pursuant to the requirements of this chapter, and provisions are made for their improvement and permanent maintenance.

  • (2) Streets shall be graded and improved in accordance with generally accepted

Downloaded from https://ecode360.com/EM4426 on 2026-05-11

City of Emeryville, CA 9-6.609

EMERYVILLE CODE

9-6.609

engineering standards, the standard specifications for public works construction as set forth in Chapter 7 of Title 7, and such standards as approved by the City Engineer.

• (3) Minimum right-of-way widths for streets and paths, as indicated in the General Plan, shall be as set forth below; the City may require greater width if necessary to promote the public health, safety or general welfare of the community.

  • a. Transit streets and collector streets: eighty feet (80').

  • b. Local streets and bicycle boulevards: sixty feet (60').

  • c. Bicycle paths and pedestrian paths: twenty feet (20').

• (4) Access rights shall be restricted where required by the City for major streets, greenways, trails or parklands.

• (5) Reserve strips controlling the access to streets or other public rights-of-way shall not be approved unless such strips are necessary for the protection of the public welfare or property.

(6) Pavement Design.

• a. The structural design of the pavement, including the determination of the thickness and type of subbase, base, and surfacing to be placed over the basement soil, is subject to the approval of the City Engineer.

• b. The subdivider, at his or her expense, shall make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the City Engineer for use in determining a preliminary structural design of the road bed.

• (7) Curbs, gutters, and sidewalks shall be installed in accordance with generally accepted engineering standards, the standard specifications for public works construction as set forth in Chapter 7 of Title 7, the General Plan, the Emeryville Design Guidelines, and any other applicable design guidelines or area plans. All sidewalks shall comply with the applicable accessibility requirements of the Americans with Disabilities Act.

shall be installed in accordance with generally accepted engineering standards, the standard specifications for public works construction as set forth in Chapter 7 of Title 7, the General Plan, the Emeryville Design Guidelines, and any other applicable design guidelines or area plans. All sidewalks shall comply with the applicable accessibility requirements of the Americans with Disabilities Act.

• (8) Traffic signs, signals, pavement markings, and street name signs conforming to City standards shall be installed by the subdivider.

• (9) All proposed street names shall be reviewed and approved by the Planning and Building Department, Public Works Department, Fire Department, Police Department, and other interested agencies, prior to filing of a final or parcel map, and shall be shown on such map.

• (10) Street lights shall be provided in accordance with City standards as required by the City Engineer and their location shall be shown on the construction plans in plan view and a typical street cross section.

(c) Water Connection.

• (1) Water supply facilities shall be shown on all improvement plans and shall be East Bay Municipal Utility District facilities installed in accordance with East Bay Municipal Utility District standards.

Downloaded from https://ecode360.com/EM4426 on 2026-05-11

City of Emeryville, CA

PLANNING REGULATIONS

9-6.609

9-6.609

• (2) Water lines shall be installed to the end of new paving on any street that might need a water extension to avoid the need for a trench cut in new paving.

• (3) Easements not less than ten feet (10') in width shall be provided within the subdivision where required for construction and maintenance of water facilities.

• (d) Sanitary Sewers.

  • (1) Sanitary sewer mains, when required by the City Engineer, shall be shown on all improvement plans and shall be designed and installed in accordance with City standards.

  • (2) All required sanitary sewer laterals shall be shown on all improvement plans and shall comply with the requirements of Chapter 8 of Title 7.

• (e) Trees.

  • (1) All existing trees shall be shown on the improvement plans with a notation as to the size, species, dripline, and condition. The City may require a report by a certified arborist to determine the condition of existing trees and to specify recommendations for their preservation, replacement, and/or removal.

  • (2) Existing trees may be required to be preserved, in which case a report shall be prepared by a certified arborist specifying requirements for the preservation, replacement, and removal of trees on and adjacent to the site. The arborist shall be consulted regarding the planting and preservation of all trees, and his or her recommendations shall be followed.

  • (3) The protection, planting, and removal of street trees shall be in conformance with the Urban Forestry Ordinance in Chapter 10 of Title 7.

• (f) Grading and Erosion Control. Grading shall be done 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. No grading shall be done without prior review and approval of the City Engineer and Planning and Building Director.

• (g) Communications Facilities. A subdivision shall provide franchised cable television systems and communication systems, including, but not limited to, telephone and Internet services, an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend services to each parcel in the subdivision. For the purposes of this section, "franchised cable television systems" means those systems franchised or licensed to serve the geographical area in which the subdivision is located. This section shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

• (h) Energy Conservation and Solar Access.

  • (1) A subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

Downloaded from https://ecode360.com/EM4426 on 2026-05-11

City of Emeryville, CA

EMERYVILLE CODE

9-6.609

9-6.609

• (2) Examples of passive or natural cooling opportunities include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

• (3) Consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure.

• (4) The requirements of this section do not apply to condominium projects that consist of the subdivision of airspace in an existing building when no new structures are added.

• (i) Natural and Cultural Resources. Sensitive habitat areas, archeological resources, and designated and potential historic resources shall be shown and identified on the tentative map or tentative parcel map, and on improvement and landscape plans. Such features shall be preserved as required by the City.

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

Downloaded from https://ecode360.com/EM4426 on 2026-05-11

City of Emeryville, CA