Piedmont Municipal Code Art. V Maps – Tentative and Vesting Tentative Maps

A.
This Article governs the form, contents, submittal and approval procedures and requirements for submittal of tentative and vesting tentative maps. The same tentative map requirements and procedures apply both to major subdivisions (five or more parcels) and to minor subdivisions (four or fewer parcels) except where stated otherwise.

B.
A subdivider may file with the city a tentative map of a proposed subdivision of unincorporated territory adjacent to the city in accord with Government Code Section 66454.

The tentative map shall be prepared in a manner acceptable to the department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn. The map shall be drawn to an engineer’s scale, large enough to show all information clearly, but no less than one inch equals 100 feet. The map shall contain not less than the following:

A.
A title including the subdivision number obtained from the county recorder, and type of subdivision;

B.
Name and address of legal owner, subdivider and person preparing the map, including registration or license number;

C.
Sufficient legal description to define the boundary of the proposed subdivision; names and locations of streets adjacent to the proposed subdivision shall be indicated;

D.
The recording or subdivision numbers of adjacent subdivisions and the names of owners of adjacent properties;

E.
Boundary lines of the city, school district, and other taxing districts when within or contiguous to the subdivision;

F.
Date of map preparation and map revision, if the map is revised after the initial submittal to the city, north arrow, and scale;

G.
A vicinity map showing streets, adjoining subdivisions, shopping centers, schools, and other data sufficient to locate the proposed subdivision and show its relation to the community; and

24 H.
Existing topography of the proposed site and at least 100 feet beyond its boundary if undeveloped, and proposed changes in topography. The contours of the land shall be shown at intervals of not more than one foot for ground slopes between level and five percent, and not more than five feet for ground slopes in excess of five percent. Elevations shall be according to U.S. Geodetic Survey datum, commonly termed mean sea level;

I.
Existing improvements to be shown include, but are not limited to:

Type, circumference and dripline of all existing trees; other significant vegetation with a trunk diameter of four inches or more, measured 24 inches above existing grade. Any trees or other significant vegetation proposed to be removed shall be so indicated;

The location and outline of existing structures to scale identified by type. Structures to be removed shall be so marked;

Existing drainage channels, culverts, irrigation ditches, wells and springs, and the approximate location of all areas subject to inundation or stormwater overflow, and the location, width and direction of flow of each watercourse;

The location, pavement and right-of-way width, typical section, grade and name of existing streets, highways and driveways within and/or contiguous to the proposed subdivision;

The widths, location and identity of all existing easements; and

The location and size of existing sanitary sewers, fire hydrants, water mains and storm drains within and/or contiguous to the proposed subdivision. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead and underground utility lines and poles within and/or contiguous to the proposed subdivision shall be indicated;

J.
Proposed improvements to be shown include, but are not limited to:

The location, grade, centerline radius, arc length of curves, pavement, and right-of-way width of all streets. Typical sections of all streets shall be shown, including pavement widths, curbs, gutters, sidewalks, medians, and slopes of cuts and fills. Proposed private streets shall be clearly indicated;

The location and radius of all curb returns and cul-de-sacs;

The location, width and purpose of all easements;

25 4.
The angle of intersecting streets if such angle deviates from a right angle by more than four degrees; 5.
Engineering plan and data showing the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, and the top and toe of cut and fill slopes, to scale;

Areas to be used for public purposes or facilities;

Proposed recreation sites, trails and parks for private or public use;

Proposed common areas and areas to be dedicated to public open space;

The location and size of sanitary sewers, fire hydrants, water mains, and storm drains, including all necessary provisions for handling water supply, stormwater and sewage. Proposed slopes, approximate elevation, direction of flow and type of facility for sanitary sewers, storm drains, and overland drainage releases shall be indicated; and

A planting plan for slopes, erosion control, street trees, other landscaping and fencing;

K.
Lot numbers beginning with the numeral “1” and continuing consecutively throughout the subdivision;

L.
The name or names of any engineering geologist or soil engineer whose services were required in the preparation of the design of the tentative map;

M.
The approximate lot layout and the approximate dimensions of each lot and each building site;

N.
The approximate boundaries of areas subject to inundation or stormwater overflows, the location, width and direction of flow of all watercourses;

O.
The size of the smallest and largest lots;

P.
If the subdivider plans to develop the site in phases, the proposed phases and their proposed sequence of construction; (GC §66456.1)

Q.
Proposed street names;

R.
Energy conservation information. The design of a subdivision for which a tentative map is required, excluding a conversion, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision; (GC §66473.1) and

26 S.
The department may waive any of the above tentative map requirements if the type of subdivision does not need to comply with these requirements or if other circumstances justify a waiver.

T. The department may require other drawings, data, or information as deemed necessary by the department to accomplish the purposes of the Subdivision Map Act and this chapter.

At the time of filing, a tentative map shall be accompanied by the following data and reports, if the same information is not shown on the tentative map:

A.
A statement of present zoning and of existing and proposed uses of the property, and any proposed zoning changes, whether immediate or future;

B.
A description of the proposed subdivision, including the number of lots, their average size, and nature of proposed development;

C.
A description of landscaping, fences, bridges, gates or other proposed improvements which may not be fully shown on the map;

D.
A preliminary title report, not more than six months old and acceptable to the department, showing the legal owners at the time of filing the tentative map;

E.
Soil and engineering geology reports as set forth in Piedmont Municipal Code section 19.31;

F.
A statement of the time when improvements are proposed to be completed;

G.
Proposed tract or deed restrictions, if any;

H.
Description, location and existing elevation of an established city bench mark or other bench marks within the immediate vicinity;

I.
Information as required by the department to allow a determination on environmental review to be made in accordance with the California Environmental Quality Act;

J.
A signed statement of compliance under Government Code Section 65962.5(f) indicating whether the proposed project is located on a hazardous waste and substance site as defined in that section (see PMC 19.31(E)); (GC §65940)

27 K.
For a vesting tentative map, the subdivider shall also submit all of the following information, unless a requirement is waived by the department after consultation with the city engineer: (GC §66498.8)

The height, size and location of buildings, including elevations, and 2.
Information on the uses to which the buildings will be put;

L.
Any other data or reports deemed necessary by the department or the planning commission in order to review the tentative map; and

M.
For major subdivisions, design review related materials as required by Piedmont Zoning Code 17.20, the Application Materials Checklist, and the Subdivision Manual.

A.
Preliminary Soil Report. A preliminary soil engineering report prepared by a soil engineer, based upon adequate test borings or excavations, shall be filed with each application for a tentative subdivision map. The report shall include any information appropriate for the site, including any information required by the city engineer. (GC §§66490, 66491, Business and Professions Code §6736.1)

B.
Preliminary Engineering Geology Report. A preliminary engineering geology report prepared by an engineering geologist shall be submitted with each application for a tentative subdivision map, unless waived by the city engineer. The report shall include any information appropriate for the site, including any information required by the city engineer. (GC §§66490, 66491)

C.
Expanded Investigation. If the preliminary soil report or the preliminary engineering geology report indicates, or the city engineer has knowledge of, the presence of soil or geologic conditions which, if corrective measures are not taken, could lead to structural defects, then a soil or engineering geology investigation of each proposed lot shall be submitted with the final map. (GC §§66490, 66491)

D.
Compliance Required. A tentative subdivision map application is not considered as filed until the required preliminary reports have been submitted with the map (see PMC 19.52).

E.
Hazardous Waste and Substances Statement. Under Government Code Section 65962.5, the California Secretary for Environmental Protection is required to consolidate information regarding land where certain hazardous wastes or contaminants are present, and to distribute a list to each city and county in which sites on the list are located. An applicant for any development project must consult the list sent to the city and submit a signed statement to the city indicating whether the project and any alternatives are located on the list. (GC §65940)

28

A subdivider shall file a completed tentative map application with the department. The application shall include a sufficient number of prints of the tentative map as required by the department, together with the filing fee established by city council resolution. The city engineer, in consultation with the department, shall within 30 days after submittal of the application, determine whether the application is complete in accordance with the requirements of this chapter and the Permit Streamlining Act. (GC §§65943, 66452)
Within five days after the application is accepted as complete, the department shall forward copies of the tentative map to the affected public agencies and utilities which have 15 days to submit their findings and recommendations in writing to the department. (GC §§66453, 66455, 66455.1, 66455.7; see PMC §19.27)

DETERMINATION.

A.
Notice of Public Hearings. The department shall set a date for a public hearing before the planning commission and/or city council, provide notice as required by Piedmont Municipal Code section 19.23, and prepare a report with recommendations. The department shall send a copy of the report to the subdivider at least three days before the public hearing. (GC §66452.3)

B.
Planning Commission and City Council Actions.

For all subdivisions, the planning commission shall make its recommendation to the city council, within 50 days after the tentative map was accepted for filing (accepted as complete under the Permit Streamlining Act), for approval, conditional approval or denial of the tentative map; and within 30 days after the planning commission makes its recommendation, the city council shall approve, conditionally approve, or deny the tentative map. (GC §§66452.1(a), (c), 66452.2)

The time periods specified in subsection (B)(1) of this section begin after certification of the environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from the requirements of the California Environmental Quality Act. (GC §66452.1(c))

If no action is taken within these time limits or an extension mutually approved under Piedmont Municipal Code section 19.26, the tentative map is deemed approved insofar as it complies with the general plan, an applicable specific plan, this chapter, including city-approved policies, standards and requirements, the Subdivision Manual, the Piedmont Zoning Code, and the Subdivision Map Act. (GC §66452.4)

29

C.
Approval.

Before approving a tentative map or tentative parcel map, the city council must first approve the design review application and any required variances.

The city council may approve or conditionally approve a tentative map or tentative parcel map if it finds all of the following: (GC §§66473.5, 66474)

a.
The proposed map is consistent with the general plan, any policy or guideline implementing the general plan, other applicable provisions of the Piedmont Municipal Code and the Subdivision Manual;

b.
The site is physically suitable for the type of development;

c.
The site is physically suitable for the proposed density of

development;

d.
The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (Notwithstanding the foregoing, the city council may approve such a tentative map if an environmental impact report was prepared with respect to the project and a statement of overriding considerations was made to the effect that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.);

e.
The design of the subdivision or the type of improvements will not cause serious public health problems; and

f.
The design of the subdivision or 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 city council may modify or delete a condition of approval recommended in the department’s report, except a condition required by city code. The city council may add additional requirements as a condition of its approval. (GC §66474.10)

The city council may require that the subdivider defend, indemnify, and hold harmless the city, its agents, officers, and employees from any claim, action or proceedings against the city to attack the approval of a subdivision under Government Code Section 66474.9.

30 D. Denial. The city council may deny approval of the tentative map on any of the grounds provided by the Subdivision Map Act or this code. The city council shall deny approval of the tentative map if it makes any of the following findings: (GC §§66473, 66474, 66474.01, 66474.4, 66474.6)

The proposed map is inconsistent with the general plan or any applicable specific plan, any policy or guideline implementing the general plan (including the city’s design guidelines), the criteria in the Subdivision Manual or other applicable provisions of this code;

The site is not physically suitable for the type of development;

The site is not physically suitable for the proposed density of development;

The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

The design of the subdivision or the type of improvements is likely to cause serious public health problems; or

The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

E.
Standards in Effect. In determining whether to approve or disapprove a tentative map application, the city shall apply only those ordinances, policies, and standards in effect at the time the application was accepted as complete. The city may apply ordinances, policies, and standards adopted later if (1) the subdivider applicant requests changes in connection with the same development project, and they are approved, or (2) if the city had formally initiated proceedings to amend the general or specific plan, Piedmont Zoning Code or subdivision ordinance and published notice of the proposed change before the application was accepted as complete. (GC §66474.2)

F.
Appeal. Any person may appeal a decision of the planning commission under Piedmont Municipal Code section 19.24.

G.
Form of Approved Tentative Map. Within 90 days after approval of the tentative map, the subdivider shall submit a revised map to the department which conforms to any changes required by the conditions of approval.

31 A.
Expiration. The approval or conditional approval of a tentative map expires 24 months after its approval. The expiration of the map terminates all proceedings, and no final or parcel map may be filed without first processing a new tentative map. (GC Sections 66452.6(a), (d), 66463.5)

B.
Statutory Extensions.

$178,000 or More of Public Improvements. If the subdivider is subject to a requirement of $178,000 or more to construct, improve or finance public improvements outside the tentative map boundaries (excluding public right- of-way improvements which abut the property), each filing of a phased final map extends the expiration of the tentative map by 36 months, not to exceed a total of 10 years. The amount shall be adjusted for inflation each year after 2005 as provided in Government Code Section 66452.6(a).

Development Moratorium. The 24-month period of time specified in subsection A of this section shall not include any period of time during which a development moratorium, defined by state of California Subdivision Map Act Section 66452.6(f), is in existence up to five years. (GC §66452.6(b), (f))

C.
Discretionary Extensions.

General. Upon application of the subdivider submitted before the tentative map expires, the city council may approve an extension of the tentative map for a period or periods not to exceed a total of three years. No public hearing is required. (GC §66452.6(e)) Ord. 681 N.S. 9/2/08

Pending Litigation. If a lawsuit involving the approval of the tentative map is pending, the city council may, upon request, stay the approval period of the map for up to five years. (GC §66452.6(c))

D.
Improvement Plans Review. A tentative subdivision map remains valid during the period that the review of subdivision map and improvement plans by the city is underway, and the subdivider is actively pursuing approval of a final map. However, under no circumstances will the map remain valid for a period beyond 12 months after the expiration date of the tentative map. In addition, if the city engineer determines at any time during the improvement review period that the subdivider is not actively pursuing the approval of the final map, as evidenced by subdivider’s failure to adhere to time deadlines as set forth in guidelines promulgated by the city engineer, the privileges granted by this section will end and the map will expire, provided the expiration date of the tentative map has passed. (GC §66452.6(d))

32

A.
Minor Amendments. The planning commission may approve minor amendments to the approved or conditionally approved tentative map or conditions of approval if:

The changes are consistent with the intent and spirit of the original tentative map approval;

No feature, facility, or amenity is deleted which substantially affects the project’s quality, safety, or function;

Changes in plans do not reduce natural areas, create new visible retaining or drainage structures, or substantially change pad elevations;

Changes in the design do not eliminate or add more units or lots; and

There are no resulting violations of this code.

Each amendment shall be indicated on the approved or conditionally approved tentative map and certified by the department. Minor amendments under this subsection may include minor amendments relating to exterior elevations, landscaping, interior floor plans with no exterior changes, or site circulation plans.

B.
Other Amendments. Amendments to the tentative map or conditions of approval which, in the opinion of the department, are not minor, or do not meet the criteria in subsection A of this section, shall be presented to the city council for its consideration and decision at a noticed public hearing. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this article. An approved amendment does not by itself alter the expiration date of the tentative map.

A.
General. Whenever a tentative map is required, a vesting tentative map may be filed instead. The words “vesting tentative map” must be printed conspicuously on each page of the map. (GC §§66452, 66498.1 – 66498.9)

B.
Procedures and Requirements. Except as otherwise provided in this section, the procedures and requirements for a tentative map and subdivisions generally apply to a vesting tentative map. The subdivider shall submit additional information at the time of filing the tentative map as set forth in Piedmont Municipal Code section 19.30(K).

C.
Development Rights.

33 1.
Development Rights Created.

a.
The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the city’s ordinances, policies and standards in effect at the date the city determines the application is complete. If, before the application is complete, the city had formally initiated proceedings to amend an ordinance, policy or standard, the city may apply the ordinance, policy or standard in its amended form if the amendment is in effect on the date the city approved the tentative map. (GC §§66498.1(a), 66474.2(b))

b.
The approval of a vesting tentative map does not confer a right to proceed with development (including the specific number or configuration of lots) if the development cannot be constructed in conformance with the applicable ordinances, policies and standard

Duration of Development Rights. The right to proceed with development as set forth in subsection (C)(1) of this section continues for one year following the recordation of the final map or parcel map. If a project covered by a single vesting tentative map is divided into phases and more than one final map is recorded, the one-year period begins for each phase when the final map for that phase is recorded. (GC §66498.5(b))

Expiration of Development Rights. The right to proceed with development as set forth in subsection (C)(1) of this section expires if a final map or parcel map is not approved before the vesting tentative map expires under Piedmont Municipal Code section 19.34. (GC §§66498.1(d), 66463.5(g))

If the subdivider submits a complete application for a building permit during the one-year period specified in subsection (C)(2) of this section, the right to proceed with development continues until the building permit expires. (GC §66948.5(d))

If a final map or parcel map is recorded based upon a vesting tentative map, and the development rights expire, the final map remains in effect without the development rights.

Extension of Time for Exercise of Development Rights. If the city does not complete processing of an application for a grading permit or for design or architectural review within 30 days of the date the application is complete, the one-year period specified in subsection (C)(2) of this section is automatically extended by the time exceeding the 30-day period used by the city to complete processing. (GC §66498.5(c))

34 Before the expiration of the one year specified in subsection (C)(2) of this section a subdivider may apply to the planning commission for a one-year extension. (GC §66463.5(g))

D.
City’s Right to Condition or Deny Approval.

This Article does not:

a.
Enlarge or diminish the types of conditions which the city may impose on a development; or

b.
Diminish or alter the city’s power to protect against a condition dangerous to the public health or safety. (GC §66498.6)

The city may condition or deny a permit, approval, extension, or entitlement relating to a vesting tentative map if it determines that either:

a.
The failure to do so would place the residents of the subdivision or the community in a condition dangerous to their health or safety; or

b.
The condition or denial is required to comply with state or federal law. (GC §66498.1 (c))