Piedmont Municipal Code Art. I General Provisions

This chapter shall be known and cited as the “Subdivision Ordinance” of the city. (GC §66410) (Parenthetical references throughout this chapter are to the California Government Code unless stated otherwise.)

The purposes of this chapter and any rules, regulations and specifications adopted under it are (1) to regulate and control the division of land within the city and (2) to supplement the State Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all required maps, and the procedure to be followed in securing the official approval of the city regarding the maps. The regulations in this chapter are necessary to implement the city’s general plan and to preserve the public health, safety and general welfare.

The regulations in this chapter apply to the subdivision of land within the city and to the preparation, approval and filing of subdivision maps. If there is a conflict between this chapter and the State Subdivision Map Act, the Map Act prevails.

This chapter does not apply to:

A.
The financing or leasing of apartments, offices, stores or similar spaces within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks; (GC §66412(a))

B.
Mineral, oil or gas leases; (GC §66412 (b))

C.
Land dedicated for cemetery purposes under the California Health and Safety Code; (GC §66412(c))

D.
A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not thereby created; provided, that the lot line adjustment is approved by the city under Piedmont Municipal Code section 19.5; (GC §66412(d))

5 E.
Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party; (GC §66412(e))

F.
Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code; (GC §66412(f))

G.
The conversion of a community apartment project or a stock cooperative to a condominium. However, the conversion is subject to the requirements of Sections 66412(g) and 66412(h) of the Subdivision Map Act; (GC §66412(g), (h))

H.
The leasing of or the granting of an easement to a parcel of land or any portion or portions thereof, in conjunction with the financing, erection and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the city; (GC §66412(i))

I.
The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other city ordinances regulating design and improvements; (GC §66412.1(a))

J.
The financing or leasing of existing separate commercial or industrial buildings on a single parcel; (GC §66412.1(b))

K.
The construction, financing or leasing of a second dwelling unit under Government Code Sections 65852.1 and 65852.2, but this chapter shall apply to the sale or ownership transfer of such a unit; (GC §66412.2)

L.
Leasing of agricultural land for agricultural purposes (the cultivation of food or fiber, and grazing or pasturing of livestock); (GC §66412(k))

M.
Subdivisions of four parcels or fewer for construction of removable commercial buildings having a floor area of less than 100 square feet; (GC §66412.5)

N.
The subdivision of a portion of the operating right-of-way of a railroad corporation (defined in Public Utilities Code Section 230) which is created by a short-term lease (terminable by either party on not more than 30 days’ notice in writing); (GC §66428)

O.
Land conveyed to or from a governmental agency, public entity, public utility, or land conveyed to a subsidiary of a public utility for right-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. “Land conveyed to or from a governmental agency” includes a fee interest, a leasehold interest, an easement or a license; (GC §§ 66428 and 66426.5) and

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P.
The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit or similar right to a telephone corporation exclusively for the placement and operation of cellular radio transmission facilities, if the action is subject to discretionary action by the city. (GC §66412(j))

A lot line adjustment is a shift or rotation of an existing lot line between four or fewer parcels, where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed are not thereby created. (GC §66412(d)) (For owner-initiated merger of parcels, see PMC §19.7).

This chapter does not apply to a lot line adjustment provided:

A.
No additional parcels are created, and the adjustment is limited to four or fewer existing adjoining parcels;

B.
The resulting parcels conform to the Piedmont Zoning Code, Piedmont Municipal Code section Title 15 (Buildings and Construction), and the general plan. A plot plan is required to determine conformance with these requirements;

C.
The resulting parcels do not interfere with existing utilities, infrastructure or

easements;

D.
Real property taxes have been prepaid;

E.
The adjustment is approved by the director;

F.
The owner prepares a deed and plat map. However, if a record of survey is required under Business and Professions Code Section 8762, the owner shall prepare a record of survey; and

G.
The city approves a deed description and plat map or record of survey, and the county recorder records these documents.

A complete application for a lot line adjustment will be reviewed for conformance with this section by the city planner, the public works director and the city engineer. The public works director shall approve or disapprove the application within the time period allowed under the Permit Streamlining Act (GC §65920 and following).

A.
The public works director may, but is not required to, waive the requirements for a parcel map for the following: (GC §66428)

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A division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees;

A division of property resulting from conveyance of land or interest therein to or from the city, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc. “Land conveyed to or from a governmental agency” includes a fee interest, a leasehold interest, an easement or a license; and

A division of property which has been merged under this chapter, the Subdivision Map Act or any prior ordinance of the city.

B.
A person requesting a parcel map waiver shall comply with the requirements set forth in the city’s Subdivision Manual. To waive the parcel map requirements, the director, in consultation with the city engineer, shall find that the proposed division of land complies with requirements as to:

Area and frontage;

The city’s standard engineering details for improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection;

Other requirements of the Subdivision Map Act and this code; and

The city’s Subdivision Manual.

C.
Whenever a parcel map is waived under this section, a parcel map shall be submitted to the city engineer and director. If approved, the city clerk shall transmit the map to the county recorder. If the county recorder rejects that map for filing, the city shall rescind its approval of the map per the requirements of Government Code Section 66466.

A.
Owner-Initiated Merger. The owner(s) of contiguous parcels under common ownership may merge the parcels without reverting to acreage if: (1) the ownership and deeds of trust for the parcels are identical; (2) no streets or easements are to be vacated; (3) one of the parcels is less than 5,000 square feet or does not meet slope stability standards; and (4) the resulting parcel(s) comply with the general plan and Piedmont Zoning Code, or substantially reduce the current non-compliance. The applicant shall submit an application for merger by filing the following items:

8 1. Application, in a form provided by the city;

Filing fee in the amount established by resolution of the city council;

A current title report;

Legal descriptions of the resulting merged parcels, prepared by or under the direction of a licensed land surveyor or registered civil engineer authorized to practice land surveying (except no separate description is needed in the case of lots or parcels of a recorded subdivision or parcel map).

The public works director may waive the requirements for a tentative parcel map under Piedmont Municipal Code section 19.6. The city engineer shall require the recordation of a notice of merger (see PMC §19.72(E)). (GC §66499.20 3/4)

B.
Owner-Initiated Merger and Resubdivision. Subdivided lands under common ownership may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land. The filing of the final map or parcel map with the county recorder shall constitute legal merging of the separate parcels into one parcel and the resubdivision of the parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any public streets or public easements to be left in effect shall be adequately delineated on the map. The filing of the map shall constitute abandonment of any public street or public easement not shown on the map if a written notation on each abandonment is listed by reference to the recording data creating the street or easement, and certified to on the map by the city clerk or city engineer. Any unused fees or deposits previously made regarding the original subdivision shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. (GC §66499.20 1/2)

C.
Fees. The owner shall pay a fee for processing an owner-initiated merger or unmerger as provided for in Piedmont Municipal Code section 19.25.

D.
Inapplicability. The requirements and procedures of Piedmont Municipal Code section 19.70 through 19.73 do not apply to the owner-initiated actions in this section.

No land may be subdivided or developed for a purpose which is inconsistent with the city’s general plan, the Piedmont Zoning Code or other applicable provisions of this code. (GC §66474)

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Subdivided property may be reverted to acreage under the Subdivision Map Act.
The procedures set forth in Government Code sections 66499.11 through 66499.20 ¾ apply.

After a final map or parcel map has been filed with the county recorder, it may be amended by a certificate of correction or an amending map for any of the purposes set forth in Government Code section 66469. The requirements and procedures of Government Code sections 66469 through 66472.1 apply.