Piedmont Municipal Code Art. IV Maps – General Procedural Requirements

18

Each subdivision created in the city shall conform to the regulations in this chapter.

A. Tentative and Final Maps – Major Subdivisions. A tentative map and a final map are required for a major subdivision, that is, a division of land proposed to be divided into five or more parcels as determined by the city engineer and the department. (GC §66426) However, a tentative map and a parcel map are required for a major subdivision listed as one of the exceptions pursuant to Government Code section 66426.

B.
Tentative Parcel and Parcel Maps – Minor Subdivisions. A tentative parcel map and parcel map are required for all minor subdivisions of four parcels or fewer (or for major subdivisions excepted in Government Code section 66426). However, maps are not required for:

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

Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for right-of-way, unless a showing is made by the department 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, 66426.5);

A lot line adjustment approved under Piedmont Municipal Code section 19.5; (GC §66412(d)) and

A parcel map waived under Piedmont Municipal Code section 19.6. (GC §66428)

C.
Vesting Tentative Maps. Whenever this chapter requires the filing of a tentative map, the subdivider may file a vesting tentative map instead. The procedures for and rights of a vesting tentative map are set forth in Piedmont Municipal Code section 19.36. (GC §§66424.5, 66452)

19 A.
A subdivider of unimproved land may designate as a remainder that portion which is not divided for the purpose of sale, lease or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required. (GC §§66424.6, 66434(e))

B.
For a designated remainder parcel, the fulfillment of construction requirements for improvements is not required until:

A permit or other grant of approval for development of the remainder parcel is issued by the city; or

The construction of the improvements is required under an agreement between the subdivider and the city; or

The city makes a finding that fulfillment of the construction requirements is necessary for reasons of:

a. The public health and safety; or

b.
The required construction is a necessary prerequisite to the orderly development of the surrounding area. (GC §66424.6(a)(2))

C.
When fulfillment of the construction requirements is to be delayed, the subdivider shall record a declaration of restrictions approved by the city attorney, or an agreement with the city, stating:

What the required improvements are; and

That the subdivider or a successor owner is required to complete them all before the city will grant a permit or other approval for development.

D.
If a designated remainder is subsequently sold, the subdivider or the owner must obtain a certificate of compliance or conditional certificate of compliance. (GC §§66424.6(d), 66499.34, 66499.35)

The planning commission and city council shall hold a public hearing on any tentative map application.

Unless otherwise specified in this chapter, notice of a public hearing shall be given as set forth in this section. (GC §§ 66451.3(a), 65090, 65091)

20 A. When. Notice shall be given at least 10 days before the hearing.

B.
Contents. The notice shall include the date, time and place of the hearing, the identity of the hearing officer or body, a general explanation of the matter to be considered, and a general description by text or diagram of the location of the property. The notice shall also include the following: “If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (planning commission or city council) at, or prior to, the public hearing.” (GC §§65094, 65009(b)(2))

C.
Manner.

Notice shall be given in the manner required by Government Code Section 65090 and Section 65091 which is summarized as follows:

a.
Publication once in a newspaper of general circulation;

b.
Mailing or delivery to the property owner and project applicant;

c.
Mailing or delivery to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project; and

d.
Mailing or delivery to all owners of real property within 300 feet of the property. If the number of owners exceeds 1,000, the city may instead publish notice of at least one-eighth page in a newspaper of general circulation.

In addition, the city may give notice in any other manner it deems necessary or desirable.

If the proposed project is a conversion of residential real property to a condominium, community apartment, or stock cooperative, notice shall be given to each tenant of the property. (GC §§66451.3, 66452.5(e))

D.
Continued Hearings. A public hearing may be continued from time to time and, if continued to a specific date, time and place, no new notice is required. (GC §65095)

E.
Appeal or Request for Modification. If a decision under this chapter is appealed or if a subdivider requests a change in a condition of approval either before or after a final or parcel map is filed, notice of the appeal or request shall be given in the manner described in Piedmont Municipal Code section 19.23.

21 F.
Staff Reports. A report on a tentative map by the department shall be in writing and provided to the subdivider (and to each tenant in the case of a proposed condominium, community apartment project or stock cooperative) at least three days before any hearing or action. (GC §66452.3)

G.
Costs. The subdivider is responsible for the costs incurred in giving proper notice. (GC §§66451.3(c), 66452.3)

H.
Substantial compliance with these notice requirements is sufficient. A technical failure to comply shall not affect the validity of any action taken according to the procedures in this chapter. (GC §65093)

A.
A determination by a city staff member or the city engineer under this chapter may be appealed to the planning commission. A determination by the planning commission under this chapter may be appealed to the city council.

B.
The subdivider or other person may file an appeal to the planning commission within 10 calendar days after the action is taken by filing it with the city clerk by the close of the business day on a form prescribed by the city and paying an appeal fee. The subdivider or other person may file an appeal of a planning commission determination to the city council within 10 days after the action is taken by filing it with the city clerk by the close of the business day on a form prescribed by the city and paying an appeal fee.

C.
The hearing on the appeal shall be held by the planning commission or the city council, whichever has jurisdiction, at the next available meeting within 30 days of the filing of the notice of appeal, and notice of the hearing shall be given as prescribed in Piedmont Municipal Code section 19.23(E).

D.
The appeal body shall make its decision on the appeal in writing within 10 days after the hearing is concluded. (GC §66452.5)

An applicant requesting any service from the city under this chapter shall pay all processing fees and deposits established by resolution of the city council at the time the application or appeal is filed. The fees may not exceed the amount reasonably required to administer this chapter. (GC Sections 66014, 66016, 66017, 66451.1, 66451.2, 66451.3, 66451.6)

22 The time limits specified in this chapter and the Subdivision Map Act for reporting and acting on maps may be extended by mutual consent of the subdivider and the person or body required to act. However, the city may not require a routine waiver of time limits except as necessary to permit concurrent processing of related approvals or an environmental impact report on the same project. (GC §66451.1)

A.
Agency Within Planning Area. A local agency within the planning area of a proposed subdivision may make recommendations to the city regarding a tentative map if it does so in writing within 15 days after the notice and map are mailed by the city. A local agency which desires to make such recommendations shall file with the city a written request and map indicating the territory in which it wishes to make such recommendations. (GC §§66453, 66455.1)

B.
State Department of Transportation. The State Department of Transportation may make recommendations regarding a tentative map if the proposed subdivision is within one mile of a state highway routing and if the recommendations are submitted in writing to the city within 15 days after the notice and map were mailed by the city. (GC §66455)

C.
School Districts. Within five days after the application for a tentative map is accepted as complete, the department shall send a notice of the filing to the governing board of any affected school district. The notice shall contain information about the location, number of units, density, and other relevant information. Within 15 working days after the notice was mailed, the board may submit to the city a report and recommendation regarding the proposed subdivision and its impact on the school district. Failure of the school district to respond within the 15-working-day period is considered a recommendation for approval. (GC §66455.7)

If the proposal shows an area for a public school site, the city shall notify the State Department of Education. The notice shall include the identification of an existing or proposed runway within a distance specified by Education Code Section 17215. (GC §66455.9)

D.
Water Suppliers. Within five days after a tentative map application is accepted as complete, the department shall send a copy of the application to any public water supplier that may supply water for the subdivision. Water suppliers may submit their comments in writing within 15 days after the application was sent by the city. (GC §66455.3)