Woodside Municipal Code § 152.154 Appeals

The Planning Commission is hereby designated as the Advisory Agency with respect to land divisions and subdivisions, as provided by the Subdivision Map Act, and shall have all of the powers and duties with respect to subdivisions and other divisions of land specified in the Subdivision Map Act and this chapter. The Planning Commission is hereby authorized to report its actions on proposed divisions of land.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

The Planning Director or his/her designee are hereby authorized to accept concept maps, tentative maps, and vesting tentative maps for review and transmittal as required by this chapter.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

A Subdivision Review Committee, consisting of the Planning Director, Town Engineer, Fire Chief or Fire Marshal, Health Officer, and Town Geologist, is hereby established and authorized to review land division and subdivision maps and report to the Planning Commission. The Planning Director or, in his/her absence, the Town Engineer, shall serve as chairman of the Committee.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

(A) Forms and procedures. The Planning Commission shall establish forms and procedures for filing the maps and information required by this chapter provided such forms and procedures are not inconsistent with this chapter or the Subdivision Map Act.

(B) Amendments to the Subdivision Map Act. Provisions of this chapter which are in conflict with amendments to the Subdivision Map Act shall comply with the most recent amendments to the Subdivision Map Act.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

(A) In the event the owner or subdivider or any interested person adversely affected wishes to appeal the decision of the Planning Commission on a tentative map, vesting tentative map, or the nature and extent of the improvements required, such owner, subdivider, or person, within ten days after such action, may appeal to the Town Council.

(B) An appeal shall be filed with the Town Clerk and shall state specifically wherein there was an error or abuse of discretion by the Planning Commission. On the filing of an appeal, the Planning Department shall transmit to the Town Clerk:

(1) A copy of the tentative map or vesting tentative map on which the Planning Commission action is certified and the statements and materials submitted therewith by the owner or subdivider;

(2) The reports from the Subdivision Review Committee, Architectural and Site Review Board, other Town Committees, or their designated subcommittees, and other officials, private utility companies, and public agencies; and

(3) The record of the Planning Commission actions, conditions, and any additional supporting information.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

Any appeal to the Town Council under Section 152.154 shall be heard de novo at a public hearing under the procedure set forth in Section 153.974.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

(A) Filing fees. Fees and deposits as established in the Town's Fee Schedule shall be paid to the Town at the time of filing the respective maps.

(B) Deposits for service charges.

(1) In addition to the payment of filing fees, the owner or subdivider shall pay the actual costs of reviewing concept maps, tentative maps, vesting tentative maps, and environmental documents, for the checking and recordation of final maps, for such investigations and inspections as are required by law and this chapter, and for the cost of the security as required by this chapter for an improvement agreement, if necessary.

(2) The costs for such services as established in the Town's Fee Schedule shall be based on reasonable hourly charges for actual time required for checking, examining, and/or investigating, plus the actual cost of any tests which may be required.

(3) A deposit for costs shall be paid by the owner or subdivider to the Town at the time of filing the respective maps.

(4) Upon the completion of the land division or subdivision, an accounting of the actual costs shall be rendered to the owner or subdivider, and if the costs exceed the deposit for service charges, the owner or subdivider shall deposit the difference with the Town before the final approval of the final map. If the actual cost is less than the amount deposited, the difference shall be refunded to the owner or subdivider by the Town.

(C) Map recordation fees. The County Recorder shall charge and collect, or cause to be charged and collected, the fees for the recordation of the final maps. The owner or subdivider shall pay the recordation fees.

(D) Miscellaneous fees and licenses. It shall be the responsibility of the owner or subdivider to give assurance to the satisfaction of the Town Clerk that his/her prime contractor and any and all subcontractors or material suppliers have paid such fees or taken out such licenses as may be required by law to do business in the Town. The owner or subdivider shall furnish the Town with a current list of all subcontractors and material suppliers, along with their business license numbers.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

Whenever the Town has knowledge that land has been divided contrary to or in violation of the provisions of this chapter, the Town shall file a notice of violation, pursuant to Section 66499.36 of the Subdivision Map Act.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)