Chapter 9-6 SUBDIVISIONS

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

The provisions of this chapter are intended to:

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

(b) Promote orderly growth and development;

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

(d) Protect and enhance property values;

(e) Provide for adequate traffic circulation;

(f) Ensure the availability of adequate public facilities;

(g) Protect existing affordable housing; and

(h) Provide for the future development of adjacent properties.

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

9-6.103 Applicability.

These subdivision regulations apply to all parts of subdivisions lying wholly or partially within the City of Emeryville and to the preparation of maps required by the Subdivision Map Act.

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

9-6.104 Exceptions.

These subdivision regulations shall not apply to:

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

(b) Mineral, oil or gas leases.

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

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

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

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

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

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

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

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

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

9-6.105 Prohibitions.

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

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

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

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

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

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

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

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

9-6.106 Certificate of Compliance.

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

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

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

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

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

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

9-6.107 Common Procedures.

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

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

9-6.108 Reversion to Acreage.

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

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

Article 2. Major Subdivisions

9-6.201 Applicability.

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)

9-6.202 Tentative Maps: Filing.

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)

9-6.203 Tentative Maps: Form and Contents.

(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 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.

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

9-6.204 Tentative Maps: Accompanying Data and Reports.

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 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)

9-6.205 Vesting Tentative Maps.

(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 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.

(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.

(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)

9-6.206 Tentative Maps: Planning and Building Director Review and Referral.

(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.

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

9-6.207 Tentative Maps: Review by City Engineer.

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)

9-6.208 Tentative Maps: Planning Commission Action.

(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.

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

9-6.209 Tentative Maps: Expiration and Extensions.

(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:

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)

9-6.210 Tentative Maps: Corrections and Amendments.

(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.

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

9-6.211 Tentative Maps: Appeals.

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)

9-6.212 Final Maps: Filing.

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 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)

9-6.213 Final Maps: Form and Contents.

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.

(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)

9-6.214 Final Maps: Accompanying Data and Reports.

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, 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)

9-6.215 Final Maps: Multiple Filings.

(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 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)

9-6.216 Final Maps: Certification by City.

(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)

9-6.217 Final Maps: Recordation.

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)

9-6.218 Final Maps: Corrections and Amendments.

(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 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.

(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)

Article 3. Minor Subdivisions

9-6.301 Applicability.

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)

9-6.302 Parcel Maps: Filing.

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)

9-6.303 Parcel Maps: Form and Contents.

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)

9-6.304 Parcel Maps: Accompanying Data and Reports.

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)

9-6.305 Parcel Maps: Planning and Building Director Review and Referral.

(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 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)

9-6.306 Parcel Maps: Review by City Engineer.

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)

9-6.307 Parcel Maps: Planning and Building Director Action.

(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:

(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.

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

(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.

(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:

(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.

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

9-6.308 Parcel Maps: Appeals.

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)

9-6.309 Parcel Maps: Certification by City.

(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)

9-6.310 Parcel Maps: Recordation.

Except as provided in Section 66493 of the Subdivision Map Act, upon certification of the 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)

9-6.311 Parcel Maps: Corrections and Amendments.

(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.

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.

(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.

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

9-6.312 Parcel Map Waiver Procedure.

(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 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)

Article 4. Lot Line Adjustments

9-6.401 Purpose.

The purpose of this article is to establish the procedures and standards for changing the boundary or boundaries between four (4) or fewer existing adjoining parcels as provided in the Subdivision Map Act to ensure that such adjustments are consistent with the General Plan and applicable zoning and building requirements. The map shall be drawn in accordance with the requirements established by the City Engineer.

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

9-6.402 Procedure.

An application for a lot line adjustment shall be made to the Planning and Building Director and shall be accompanied by the required filing fee; an application form; a plat and legal description of the transfer piece(s); two (2) plats and legal descriptions of the resulting parcels, one (1) showing the transfer piece(s) and one (1) showing only the resulting parcels; and any other information, including, but not limited to, a title report, deemed necessary by the Director or City Engineer. The form and content of such plats and legal descriptions and other information shall be as specified by the Director and City Engineer.

(a) Within thirty (30) days of the receipt of the application, the Director or the City Engineer may require additional information as deemed necessary to determine whether the proposed adjustment meets the requirements of this article including, but not limited to, a record survey of the property involved if necessary to provide an adequate description of the property as required by California Business and Professions Code Section 8762.

(b) Within thirty (30) days of the receipt of a complete application, the Director, in consultation with the City Engineer, shall approve, conditionally approve, or deny the application for a lot line adjustment if the application is exempt from environmental review. If the application requires environmental review, the Director shall take action in compliance with the deadlines specified in Section 9-7.207, Environmental Review.

(c) The Director may impose any conditions necessary to ensure that the proposed map will comply with all of the required findings of Section 9-6.403. Any improvements that are required to be installed or constructed to comply with the criteria for approval shall be constructed pursuant to the requirements of this chapter.

(d) If the Director determines that the proposed adjustment does not comply with all of the required findings of Section 9-6.403, the Director shall deny the adjustment and provide written notification to the applicant of the decision.

(e) If the lot line adjustment is approved or conditionally approved, the City Engineer shall prepare and provide to the applicant a certificate of compliance describing the adjusted parcels and showing the names of the owners of record of the parcels involved.

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

9-6.403 Findings.

A lot line adjustment may be approved or conditionally approved only if all of the following findings are made:

(a) The adjustment is between four (4) or fewer parcels and no additional parcels are created.

(b) No street or alley dedication or improvement is necessary to adequately serve the properties affected by the proposed lot line adjustment.

(c) The proposed lot lines will be approximately parallel to the existing lot lines and will be located so that the adjustment will not substantially alter the size or shape of the existing lots.

(d) The lots proposed in the adjustment will comply with the provisions of this chapter, these planning regulations, the General Plan, and the Subdivision Map Act.

(e) The resulting parcels will not interfere with existing utilities, infrastructure or easements.

(f) Real property taxes have been paid.

(g) The City Engineer approves the proposed adjustment.

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

9-6.404 Appeals.

The Director’s decision on a lot line adjustment may be appealed to the Planning Commission in accordance with the appeal procedures in Article 14 of Chapter 7.

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

9-6.405 Recordation.

Following the expiration of the appeal period pursuant to Section 9-6.404, or the Planning Commission’s final decision if appealed and approved, the applicant for a lot line adjustment approved pursuant to this article shall provide to the Director and record with the Alameda County Recorder the following:

(a) A plat and legal description of the transfer piece(s).

(b) Two (2) plats and legal descriptions of the resulting parcels, one (1) showing the transfer piece(s) and one (1) showing only the resulting parcels.

(d) The certificate of compliance prepared by the City Engineer pursuant to Section 9-6.402(e).

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

Article 5. Parcel Mergers

9-6.501 Purpose.

The purpose of this article is to establish the procedures and standards for the merger into one (1) parcel of two (2) or more contiguous parcels of land that were created under the provisions of the Subdivision Map Act or any prior State law regulating the division of land.

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

9-6.502 Initiation by City.

(a) Criteria. Pursuant to the Subdivision Map Act and the requirements of this chapter, the City may initiate the merger of two (2) or more contiguous parcels held by the same owner if any one (1) of the contiguous parcels does not conform to the standards for minimum lot area or width established by Article 7 of Chapter 4, and if all the following requirements are satisfied:

(1) At least one (1) of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on the contiguous parcel proposed for merging.

(2) One (1) or more of the following conditions exists for at least one (1) of the affected parcels:

a. The parcel comprises less than two thousand five hundred (2,500) square feet in area at the time of the determination of merger.

b. The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

c. The parcel does not meet current standards for sewage disposal and domestic water supply.

d. The parcel does not meet slope stability standards.

e. The parcel has no legal access that is adequate for vehicular and safety equipment access and maneuverability.

f. Development would create health or safety hazards.

(b) Procedures.

(1) Notice of Intention to Determine Status. The Director shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged, and that the property owner may request a hearing on the determination of status before the Planning Commission to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be recorded at the office of the Alameda County Recorder on the same day that the notice is mailed to the property owner. The owner of the affected property may file a written request for a hearing with the Director within thirty (30) days after the recording of the notice of intention to determine status.

(2) If a Hearing Is Requested. Upon receipt of a request for a hearing, the Director shall set the time, date and place for the hearing and notify the property owner by certified mail. The hearing shall be conducted not more than sixty (60) days following the receipt of the property owner’s request, or may be postponed or continued by mutual consent of the Director and the property owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements of this chapter for merger. At the conclusion of the hearing, the Planning Commission shall determine whether or not the affected parcels shall be merged. If the Planning Commission makes a determination that the parcels are to be merged, the City Engineer shall record a determination of merger in the form of a certification of compliance within thirty (30) days of the Commission’s determination unless the property owner files an appeal pursuant to Section 9-6.505. The determination of merger/certificate of compliance shall specify the name of the record owners and a description of the property. The Director shall notify the property owner of the determination.

(3) If a Hearing Is Not Requested. If, within the thirty (30) day period following the recording of the notice of intention to determine status, the property owner does not file a request for hearing, the Director and City Engineer shall make a determination whether or not the affected parcels are to be merged. If the Director and City Engineer determine that the parcels shall be merged, the City Engineer shall record a determination of merger in the form of a certificate of compliance within ninety (90) days following the mailing of the notice of intention to determine status. The determination of merger/certificate of compliance shall specify the name of the record owners and a description of the property. The Director shall notify the property owner of the determination.

(4) If Parcels Are Not to Be Merged. If the Planning Commission, or the Director and City Engineer, as the case may be, determine that the parcels shall not be merged, the City Engineer shall record a certificate of compliance for the unmerged parcels and a release of the notice of intention to determine status, and the Director shall mail a clearance letter to the owner of record.

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

9-6.503 Initiation by Property Owner.

(a) Request for Determination. Within thirty (30) days of the receipt of a written application to the Director by the owner of the affected parcels, and payment of required fees, the Director and City Engineer shall determine whether the affected parcels shall be merged and the Director shall notify the property owner of the determination. If the Director and City Engineer determine that the parcels shall not be merged, the property owner may file a written request for a hearing with the Planning Commission pursuant to the requirements of this article within thirty (30) days of the date of the Director’s notice. The Planning Commission shall then hold a hearing on the proposed merger. If the Planning Commission makes a determination that the parcels are to be merged, the City Engineer shall record a determination of merger in the form of a certificate of compliance within thirty (30) days of the Commission’s determination. The determination of merger/certificate of compliance shall specify the name of the record owners and a description of the property. The Director shall notify the property owner of the determination.

(b) Waiver of Right to Hearing. If the merger of contiguous parcels is initiated by the record owner, the owner may waive the right to a hearing before the Planning Commission and to all notices required by this article. Upon receipt of the waiver, the City Engineer shall record a notice of intention to determine status, a waiver of right of hearing and notice, and a notice of merger/certificate of compliance simultaneously.

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

9-6.504 Unmerged Parcels.

A property owner may apply to the Director for a determination that any parcels of land for which a notice of merger had not been recorded on or before January 1, 1984, are deemed not to have been merged under Section 66451.30 of the Subdivision Map Act. If the Director and City Engineer determine that the parcels meet the standards specified in Section 66451.30, the Director shall issue to the owner, and the City Engineer shall record with the County Recorder, a certificate of compliance declaring that the parcels are not merged.

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

9-6.505 Appeals.

The Planning Commission’s decision on a parcel merger may be appealed to the City Council in accordance with the appeal procedures in Article 14 of Chapter 7.

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

Article 6. Improvements and Dedications

9-6.601 Purpose.

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)

9-6.602 Improvements Required.

(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.

(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 twenty-five 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.

(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 right-of-way or on any sidewalk.

(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)

9-6.603 Improvement Agreements.

(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 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)

9-6.604 Completion and Acceptance of Improvements.

(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)

9-6.605 Dedications.

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, 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)

9-6.606 Acceptance of Dedications.

(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)

9-6.607 Recordation of Dedications.

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)

9-6.608 Reservations.

(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)

9-6.609 Design Standards.

(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 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.

(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.

(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.

(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.

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

Article 7. Residential Condominium Conversions

9-6.701 Purpose.

This article establishes regulations for the conversion of existing residential rental units to residential condominiums. The provisions of this article are intended to protect and preserve the public health, safety and general welfare and to promote orderly growth and development, and more specifically to ensure that:

(a) Residential condominium conversion projects are consistent with the Housing Element of the General Plan and State law;

(b) Converted dwellings meet certain safety, quality and appearance standards;

(c) Purchasers of converted dwelling units are fully informed as to the physical condition of the structure and facilities;

(d) Tenants are provided with notice of the conversion, relocation benefits and the opportunity to purchase the residential units being converted; and

(e) The City maintains a supply of affordable housing.

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

9-6.702 Applicability.

The provisions of this article implement and supplement the requirements of the Subdivision Map Act applicable to condominium conversions. Such condominium conversions may include, but are not limited to, any of the following: (a) a community apartment project, (b) a condominium project or (c) a stock cooperative as defined by State law. The provisions apply to either:

(a) Any proposed tentative map or parcel map that involves a change in ownership of a single structure or a group of structures used for residential dwelling units from individual ownership to an ownership in which the residential units may be sold separately.

(b) The sale of dwelling units in a residential development that has an approved condominium map but that has previously been operated as a rental project.

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

9-6.703 Application Requirements.

The application submittal requirements for condominium conversions shall follow the requirements and procedures set forth in this chapter for tentative maps, parcel maps, or parcel map waivers, as the case may be. In addition, the application submittal shall include:

(a) Floor plans for all buildings on the subject site.

(b) A site plan that includes, but is not limited to, lot lines, property dimensions, streets, easements, setbacks, parking, and location of all structures.

(c) Building elevation drawings that include, but are not limited to, materials, details and features for all building sides.

(d) A landscape plan that includes, but is not limited to, trees, shrubs, lawn and ground cover, paving, hardscape and site furnishings.

(e) The substandard housing evaluation required by Section 9-6.705(a)(5)(c).

(f) The housing inspection report and disclosure of any deficiencies required by Section 9-6.705(a)(6).

(g) Proof that each tenant has received written notification, as required by Section 9-6.706.

(h) A draft of the proposed declaration of covenants, conditions and restrictions for the condominium units, including, but not limited to:

(1) Conveyance of units.

(2) Assignment of parking.

(3) Agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance.

(4) Description of a provision for maintenance of all vehicular access areas within the project.

(5) Assignment of appropriate responsibilities for maintenance of all utility lines and services for each unit.

(6) Plan for equitable sharing of communal water and gas metering.

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

9-6.704 Procedures.

(a) A condominium conversion application shall be processed as major subdivision, minor subdivision, or parcel map waiver, whichever applies, subject to the provisions of the Subdivision Map Act and this chapter.

(b) Condominium conversion projects shall be subject to design review pursuant to Article 4 of Chapter 7 if changes to building elevations are proposed, buildings and structures are in need of renovation and/or rehabilitation, and/or a significant amount of new landscaping is proposed or required.

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

9-6.705 Development Standards.

(a) Building and Fire Code Related Improvements. Prior to recordation of the condominium conversion, the following improvements shall be completed to the satisfaction of the Director:

(1) Electrical. Separate grounded electrical meters and panels must be provided to serve each condominium unit and common areas. The electrical upgrade work must be done by a State of California licensed electrical contractor.

(2) Fire-Related.

a. Existing fire sprinkler systems must be certified by a licensed fire sprinkler contractor to meet the appropriate codes in effect at the time of the conversion. Proper tags and certificates must be affixed to the system riser, as required.

b. Eliminate all openings located within the restricted yard setback zones or provide special sprinkler protection for openings located within the restricted yard setback zones.

c. All existing gas services shall be equipped with approved excess flow valves (EFV).

d. Provide smoke detectors and carbon monoxide detectors in accordance with the California Building Code.

(3) Health-Related.

a. Existing toilets are required to be upgraded to comply with the requirements of Section No. 503.1 (privacy) of the International Property Maintenance Code.

b. Existing cooking facilities are required to be upgraded to comply with the requirements of Section No. 502.1 of the International Property Maintenance Code.

c. All units must be provided with heating facilities that comply with the Building Code currently in effect.

d. Hot water shall be available in all condominium units.

e. All gas-fired hot water heaters and forced air units shall comply with the venting requirements of the Building Code currently in effect.

(4) Security-Related.

a. Applicants will be required to upgrade entry doors and screen doors. Key opening hardware on the inside of doors is prohibited.

b. Substandard security grills are required to be upgraded to comply with the requirements of the Emeryville Municipal Code.

c. Handrails and guardrails are required to be upgraded to comply with the requirements of the Building Code currently in effect.

(5) Miscellaneous.

a. Partial seismic retrofits of buildings are required to meet selected provisions of the current Building Code for earthquake resistance. These items include the following:

i. Brick foundations are required to be replaced with current code complying foundations.

ii. Cripple walls are required to be braced to meet current code requirements.

iii. Foundation sill plates are required to be bolted down to the foundations to meet current code provisions.

b. Basements in dwelling units and every sleeping room below the fourth story shall have at least one (1) operable window or door approved for emergency escape or rescue. Windows provided for emergency escape or rescue shall comply with minimum sill height and opening size requirements in the current Building Code.

c. Applicants will be required to perform a substandard housing evaluation in accordance with the International Property Maintenance Code. Applicant will be required to repair and/or upgrade all items identified in the substandard housing report.

(6) Disclosure Items.

a. Applicant shall submit a housing inspection report, prepared by an independent third party qualified to perform such inspections, to the Planning and Building Department. Applicant shall disclose the housing inspection report to prospective purchasers of the condominiums.

b. Applicant shall not be required to upgrade the dimensions of existing rooms to comply with current Building Codes. Applicant shall be required to disclose any deficiencies to prospective purchasers of the condominiums.

c. Applicant is not required to upgrade existing habitable spaces for natural light and natural ventilation (doors and windows). Any rooms with deficient light and ventilation shall not be used for sleeping purposes. Applicant is required to disclose these items and restrictions to prospective purchasers of the condominiums.

(b) Design and Landscaping Upgrades. The Director or Planning Commission, as the case may be, may impose design and aesthetic requirements to improve the appearance and functionality of the site and structures. These may include but are not limited to: providing enclosed trash and recycling areas, concealing utility meter and other utility apparatus from public view, removal of front yard pavement and replacement with landscaping, replacement of solid driveways with wheel strips and landscaping, replacement of or upgrades to landscaping, new exterior paint, replacement of window frames, and/or restoration of architectural features to the original style if appropriate.

(c) Public Improvements. The Director or Planning Commission, as the case may be, may require upgrade of existing public curbs, gutters, sidewalks, and driveways adjacent to the project site to improve the condition of the sidewalk and to conform to current disabled access requirements, and may require new landscaping, including street trees, in the public right-of-way as deemed necessary by the City Engineer.

(d) Affordable Housing. All condominium conversion projects that contain ten (10) or more units shall comply with the requirements for new ownership residential projects of the Affordable Housing Program in Article 4 of Chapter 5.

(e) Deviation from Standards. The Director or Planning Commission, as the case may be, may permit deviation from any standards above if the applicant can demonstrate the standard cannot or should not be reasonably met.

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

9-6.706 Tenants’ Rights.

(a) Tenant Notification. The applicant shall comply with the requirements of California Government Code Section 66427.1 (as it may be amended from time to time), including but not limited to:

(1) Each tenant shall be given written notice of the intention to convert at least sixty (60) days prior to the filing of a tentative map or parcel map. Applicant shall provide proof of such notification to the Director as part of the application for condominium conversion.

(2) Each tenant shall be given ten (10) days’ advance written notice that an application for a public report will be submitted to the Department of Real Estate and that the tenant may receive a copy of the report upon request.

(3) Each tenant shall be given written notice of approval of a final map for the proposed conversion within ten (10) days of the approval.

(4) Each tenant shall be given one hundred eighty (180) days’ advance written notice of the termination of the tenancy due to the conversion or proposed conversion.

(5) Each tenant shall be given notice of their exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or on terms more favorable to the tenant. The exclusive right to contract shall run for a period not less than ninety (90) days from the date of issuance of the public report pursuant to California Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of the intention not to exercise the right of exclusive offer.

(b) Additional Tenant Rights. In addition to the requirements of California Government Code Section 66427.1, the following requirements must be met:

(1) No rent increase shall be permitted during the one hundred eighty (180) day notice period of termination of the tenancy due to the conversion or proposed conversion.

(2) Tenants may terminate their lease or rental agreement during this one hundred eighty (180) day period without penalty at any time.

(1) At least sixty (60) days prior to the date of termination of the tenancy, applicant shall provide to each tenant, at no cost, a reasonably complete and current list of vacant and available rental units within a two (2) mile radius of the project site, which units are comparable in size and amenities to the unit occupied by the tenant. The applicant shall also submit a copy of this list to the Director.

(2) The applicant shall provide a relocation assistance payment to each tenant of the project, limited to one (1) assistance payment per unit. The relocation payment shall be three (3) months’ rent based on the current Alameda County “fair market rent” for comparable apartment size, as established by the U.S. Department of Housing and Urban Development or three (3) months of the current rent paid by the tenants, whichever is larger. The assistance is due to the tenant on the date the tenant vacates the unit, or sooner if agreed upon in writing by the parties. The rental assistance does not include the first or last month’s rent or cleaning or security deposit. Written notice of the tenant’s right to a relocation assistance payment shall be included in the notice of termination of the tenancy.

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

9-6.707 Findings.

To approve a tentative map, parcel map, or parcel map waiver for a condominium conversion project, the following findings must be made in addition to the findings required by Article 2 or Article 3 of this chapter:

(a) The proposed conversion will not have an adverse effect on the diversity of housing types available in the City.

(b) The amount and impact of the displacement of tenants will not have a detrimental effect on the health, safety or general welfare of the community.

(d) All requirements of this article pertaining to development standards have been or will be met unless deviations are approved.

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

9-6.708 Appeals.

(a) Parcel Map or Parcel Map Waiver. If a parcel map or parcel map waiver is required for a condominium conversion project, the Director’s decision may be appealed to the Planning Commission in accordance with the appeal procedures in Article 14 of Chapter 7.

(b) Tentative Map. If a tentative map is required for a condominium conversion project, the Planning Commission’s decision may be appealed to the City Council in accordance with the appeal procedures in Article 14 of Chapter 7.

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

Article 8. Covenant of Easement

9-6.801 General Provisions.

The method of creation of easements authorized by this chapter shall be in addition to any other method allowed by law.

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

9-6.802 Creation of Easement.

An easement may be created pursuant to this article by a recorded covenant of easement made by an owner of real property to the City of Emeryville, in accordance with the procedures set forth in this chapter.

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

9-6.803 Purposes of Easement.

An easement created pursuant to this chapter may be for one (1) or more of the following purposes:

(a) Parking.

(b) Ingress and egress.

(d) Light and air access.

(e) Landscaping.

(f) Open space.

(g) Access to and/or operation and maintenance of a stormwater treatment measure.

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

9-6.804 Common Ownership.

At the time of recording of the covenant of easement, all the real property benefited or burdened under it shall be in common ownership.

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

9-6.805 Contents of Covenant.

A covenant of easement recorded pursuant to this article shall be executed by the owner of the burdened property and shall include all of the following:

(a) A legal description of the real property to be subject to the easement.

(b) A legal description of the real property to be benefited by the easement.

(c) Identification of the City approval, permit or designation which was granted in reliance upon recordation of the covenant or for which recordation of the covenant is or was a requirement.

(d) A description of the purpose(s) of the easement.

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

9-6.806 Acceptance by City Manager.

The City Manager may accept a covenant of easement as described in this chapter on behalf of the City of Emeryville when such an easement, required as a condition of a land use approval, permit or designation pursuant to Title 8 (Building Regulations) or this title, is first approved by the City Attorney.

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

9-6.807 Recordation.

The covenant of easement shall be recorded in the Alameda County Recorder’s Office. A copy of the recorded document shall be provided to the City Manager, City Clerk, Planning and Building Director and Chief Building Official.

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

9-6.808 When Effective.

(a) The covenant of easement shall be effective when recorded and shall act as an easement pursuant to California Civil Code Title 2, Part 2, Division 2, Chapter 3 (commencing with Section 801), except that it shall not merge into any other interest in the real property.

(b) From and after the time of its recordation, the covenant shall impart notice thereof to all persons to the extent afforded by the recording laws of the State of California.

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

9-6.809 Enforceability.

Upon recordation, the burdens of the covenant shall be binding upon, and the benefits shall inure to, all successors in interest to the affected real property. Nothing in this article shall create in any person other than the City of Emeryville and the owner of real property benefited or burdened by the covenant standing to enforce or to challenge the covenant or any amendment to it or release from it.

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

9-6.810 Release of Covenant.

Pursuant to and in accordance with the provisions hereinafter set forth in this article, the Planning Commission, and the City Council on appeal from a decision of the Planning Commission, may approve and authorize recordation of a release of a covenant of easement.

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

9-6.811 Petition for Release.

A petition for release of a covenant of easement may be made by any person whether or not that person has title to the real property, and shall be filed in writing with the Director of Planning and Building on a form furnished by the Director. The form of the petition and the information required to be set forth in them shall be prescribed by the Director. The Director shall not accept any such petition for filing unless:

(a) All information and data is set forth and shown as required by the form;

(b) The petition is verified by the party making the petition; and

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

9-6.812 Fees.

The fee for filing a petition for release of a covenant of easement pursuant to this article shall be as set forth in the Master Fee Schedule.

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

9-6.813 Hearing by Planning Commission.

(a) Upon filing of such petition, payment of filing fees, and acceptance of such petition as complete by the Planning and Building Director, the Director shall set a date for the public hearing by the Planning Commission. The date of hearing shall be not less than twenty (20) nor more than sixty (60) days after the date the application was accepted as complete by the Director. Notice shall be provided in accordance with Section 9-7.202.

(b) The Director shall provide a report and recommendation to the Planning Commission. In addition, the Director shall file with the Planning Commission at its hearing all relevant papers, documents, and exhibits. Within forty-five (45) days after the Planning Commission has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The Planning Commission may decide to grant the petition, conditionally grant the petition or deny the petition.

(c) The decision of the Planning Commission shall be final on the date of adoption of a resolution setting forth its findings and decision; provided, however, that if a written notice of appeal is accepted for filing by the Director as provided in Section 9-6.814, within the fifteen (15) day period, the decision of the Planning Commission shall not be final, and it shall be of no force or effect.

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

9-6.814 Appeal to City Council.

Any action taken by the Planning Commission under this article may be appealed to the City Council by filing with the Planning and Building Director a written notice of appeal within fifteen (15) days after the date the Planning Commission adopts a resolution setting forth its findings and decision, as provided in Section 9-6.813. The applicant, or any person, may file such a notice of appeal. The notice of appeal shall be filed with the Director and shall contain a statement of the facts upon which the appeal is based and the relief requested in sufficient detail to enable the City Council to understand the nature of the controversy and the parties concerned. When such notice of appeal has been accepted by the Director for filing:

(a) The Director shall, within ten (10) days, file with the City Clerk a copy of the application and the notice of appeal.

(b) The City Council shall hold at least one (1) public hearing on the matter. The hearing of the City Council shall be de novo. The City Clerk shall set the date of the first public hearing by the City Council, which date shall not be less than twenty (20) nor more than sixty (60) days after the date on which the copy of the application and the notice of appeal were filed with the City Clerk. Within forty-five (45) days after the City Council has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter.

(c) The decision of the City Council shall be final. The City Clerk shall mail a certified copy of the decision of the City Council to the applicant and the appellant at the addresses shown for such purpose on the application and notice of appeal.

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

9-6.815 Findings.

The Planning Commission or the City Council, on appeal, may grant the petition for release of the covenant of easement only upon a finding that the restriction of the property is no longer necessary to achieve the land use goals of the City.

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

9-6.816 Release to Be Recorded.

Within fifteen (15) days after the action of the Planning Commission or the City Council in granting a petition for release has become final, the Director shall cause the release to be recorded in the Alameda County Recorder’s Office, and a copy of the recorded document shall be provided to the applicant and the City Manager, City Clerk, Planning and Building Director and Chief Building Official.

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

CHAPTER 6.SUBDIVISIONS

9-6.101 Title.

9-6.102 Purpose.

9-6.103 Applicability.

9-6.104 Exceptions.

9-6.105 Prohibitions.

9-6.106 Certificate of Compliance.

9-6.107 Common Procedures.

9-6.108 Reversion to Acreage.

9-6.201 Applicability.

9-6.202 Tentative Maps: Filing.

9-6.203 Tentative Maps: Form and Contents.

9-6.204 Tentative Maps: Accompanying Data and Reports.

9-6.205 Vesting Tentative Maps.

9-6.206 Tentative Maps: Planning and Building Director Review and Referral.

9-6.207 Tentative Maps: Review by City Engineer.

9-6.208 Tentative Maps: Planning Commission Action.

9-6.209 Tentative Maps: Expiration and Extensions.

9-6.210 Tentative Maps: Corrections and Amendments.

9-6.211 Tentative Maps: Appeals.

9-6.212 Final Maps: Filing.

9-6.213 Final Maps: Form and Contents.

9-6.214 Final Maps: Accompanying Data and Reports.

9-6.215 Final Maps: Multiple Filings.

9-6.216 Final Maps: Certification by City.

9-6.217 Final Maps: Recordation.

9-6.218 Final Maps: Corrections and Amendments.

9-6.301 Applicability.

9-6.302 Parcel Maps: Filing.

9-6.303 Parcel Maps: Form and Contents.

9-6.304 Parcel Maps: Accompanying Data and Reports.

9-6.305 Parcel Maps: Planning and Building Director Review and Referral.

9-6.306 Parcel Maps: Review by City Engineer.

9-6.307 Parcel Maps: Planning and Building Director Action.

9-6.308 Parcel Maps: Appeals.

9-6.309 Parcel Maps: Certification by City.

9-6.310 Parcel Maps: Recordation.

9-6.311 Parcel Maps: Corrections and Amendments.

9-6.312 Parcel Map Waiver Procedure.

9-6.401 Purpose.

9-6.402 Procedure.

9-6.403 Findings.

9-6.404 Appeals.

9-6.405 Recordation.

9-6.501 Purpose.

9-6.502 Initiation by City.

9-6.503 Initiation by Property Owner.

9-6.504 Unmerged Parcels.

9-6.505 Appeals.

9-6.601 Purpose.

9-6.602 Improvements Required.

9-6.603 Improvement Agreements.

9-6.604 Completion and Acceptance of Improvements.

9-6.605 Dedications.

9-6.606 Acceptance of Dedications.

9-6.607 Recordation of Dedications.

9-6.608 Reservations.

9-6.609 Design Standards.

9-6.701 Purpose.

9-6.702 Applicability.

9-6.703 Application Requirements.

9-6.704 Procedures.

9-6.705 Development Standards.

9-6.706 Tenants’ Rights.

9-6.707 Findings.

9-6.708 Appeals.

9-6.801 General Provisions.

9-6.802 Creation of Easement.

9-6.803 Purposes of Easement.

9-6.804 Common Ownership.

9-6.805 Contents of Covenant.

9-6.806 Acceptance by City Manager.

9-6.807 Recordation.

9-6.808 When Effective.

9-6.809 Enforceability.

9-6.810 Release of Covenant.

9-6.811 Petition for Release.

9-6.812 Fees.

9-6.813 Hearing by Planning Commission.

9-6.814 Appeal to City Council.

CHAPTER 6.
SUBDIVISIONS