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SANTA CLARA COUNTY CODE OF ORDINANCES: Division C12 SUBDIVISIONS AND LAND DEVELOPMENT*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division C12
SUBDIVISIONS AND LAND DEVELOPMENT*

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Editor's note--Ord. No. NS-1203.35, §§ 1--7, 10, 11, adopted March 13, 1978, specifically amended the Code by repealing Chapters I--VII, X; adding new Chapters I--VI; and redesignating former Chapters VIII, XI as Chapters V, VI, respectively. Former Chapters I--VII, X, consisting of §§ C12-1--C12-7, C12-13, C12-15--C12-20, C12-31--C12-36, C12-46--C12-49, C12-55--C12-65, C12-72--C12-75, C12-82--12-131, C12-137--C12-152, C12-165, C12-167--C12-233, C12-241--C12-250, C12-264, C12-273, C12-274, C12-277, C12-284--C12-295, C12-307--C12-317, C12-326--C12-334, pertained to major subdivisions, minor land divisions, hillside subdivisions, land development standards, parcel map regulations, single building sites, building site reports, and excavations and grading. Said repealed sections had been derived from Ord. No. NS-1203.8, § 1, 7-28-55; Ord. No. NS-1203.9, § 1, 4-3-61; Ord. No. NS-1203.10, § 1, 9-5-61; Ord. No. NS-1203.12, §§ 1, 2, 4-21-64; Ord. No. NS-1203.13, §§ 1--4, 3-3-64; Ord. No. NS-1203.14, § 1, 5-11-64; Ord. No. NS-1203.15, §§ 1, 2, 9-29-64; Ord. No. NS-1203.15.1, § 1, 6-14-65; Ord. No. NS-1203.17, § 1, 6-1-65; Ord. No. NS-1203.19, § 1, 5-9-66; Ord. No. NS-1203.20, § 1, 11-7-66; Ord. No. NS-1203.22, § 1, 7-31-67; Ord. No. NS-1203.23, §§ 1, 3--8, 3-18-69; Ord. No. NS-1203.23.1, §§ 1, 3--6, 4-21-69; Ord. No. NS-1203.24, § 1, 4-20-71; Ord. No. NS-1203.25, §§ 1--11, 4-20-71; Ord. No. NS-1203.26, § 1, 7-31-71; Ord. No. NS-1203.27, § 1, 12-28-71; Ord. No. NS-1206.6, § 1, 1-11-72; Ord. No. NS-1203.28, §§ 1--49, 7-31-73; Ord. No. NS-1203.29, § 1, 5-14-74; Ord. No. NS-1203.30, §§ 2, 3, 6-10-74; Ord. No. NS-1203.31, §§ 1--5, 7, 11-6-74; Ord. No. NS-1203.32, §§ 1--6, 3-10-75; Ord. No. NS-1203.33, § 1, 5-10-76; Ord. No. NS-1203.34, § 1, 11-22-76.

Former §§ C12-345--C12-348, C12-356--C12-358, C12-366, C12-375--C12-382 of Ch. VIII appear in this division as §§ C12-700--C12-715 of Ch. V. Former §§ C12-462--C12-486 of Ch. XI now appear as §§ C12-750--C12-744 of Ch. VI, as hereinafter set out.

Cross reference(s)--Streets and highways, Div. B17; zoning, App. I.

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CHAPTER I.
SUBDIVISIONS

ARTICLE 1.
GENERAL PROVISIONS AND DEFINITIONS

Part 1.
General Provisions

Sec. C12-1. Purpose.

This chapter is enacted to regulate the subdivision of land in the unincorporated area of the County of Santa Clara in accordance with the Subdivision Map Act (Government Code § 66410 et seq.).

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-2. Citation.

This chapter may be cited as the "Santa Clara County Subdivision Ordinance."

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-3. Withdrawal of a party and substituting a new party in an appeal.

(a) If a party files a timely appeal under the provisions of this division and later requests that the appeal be withdrawn, the matter shall first be scheduled for a hearing before the appropriate hearing body. At the time of the scheduled hearing, the request for withdrawal of the appeal shall be presented to the hearing body. The hearing body shall inquire whether any other party or parties would like to be substituted for the original appellant. If so, such party or parties shall be designated the appellant and the original appellant will be allowed to withdraw from the appeal. If no other party requests to be substituted for the original appellant, the appeal shall be withdrawn, except that the appeal fee shall not be refunded.

(b) When a new party is substituted for the original appellant, the appeal fee shall not be refunded and no new appeal fee shall be required of the new party or parties. The grounds for the appeal shall not be enlarged by the substitution of a new party or parties. A reasonable continuance in the hearing shall be granted to any appellant or respondent who requests additional time to prepare his or her case as a result of the substitution of parties.

(Ord. No. NS-1203.47, § 1, 9-24-79)

Sec. C12-4. Reserved.

Part 2.
Definitions

Sec. C12-5. Definitions.

The definitions in this article apply to the provisions in this chapter and, when applicable, throughout this division.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.1. Advisory agency.

The "advisory agency" means a designated official or a official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority to recommend approval, conditional approval or disapproval of maps.

(a) Advisory agency for tentative maps of five or more parcels where either a final map or parcel map is required shall be the Planning Commission.

(b) Advisory agency for tentative maps of four or less parcels where a parcel map is required shall be the Land Development Coordinator.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 17, 7-2-79)

Sec. C12-5.2. Approved access.

An "approved access" is an access approved by the County.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.3. Board.

"Board" shall mean the Board of Supervisors of the County of Santa Clara.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.4. Central Permit Counter.

"Central Permit Counter" shall mean the Central Permit Counter of the Central Permit Office of the Department of Planning and Development.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-300.357, § 28, 5-25-82)

Sec. C12-5.5. Central Permit Office.

"Central Permit Office" shall mean the Central Permit Office of the Department of Planning and Development.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-300.357, § 29, 5-25-82)

Sec. C12-5.6. Commission.

"Commission" shall mean the Planning Commission of the County of Santa Clara.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.7. County.

"County" shall mean the County of Santa Clara.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.8. County Health Officer.

"County Health Officer" shall mean the County Health Officer of the Environmental Health Services.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.9. County street.

"County street" shall mean any street, road, avenue, way, land or alley for vehicular use accepted for County maintenance by the Board of Supervisors.

(a) Major street: The part of the roadway system that serves as the principal network for through-traffic flow. The routes connect areas of principal traffic generation and important rural highways entering the city.

(b) Collector: The distributor and collector roadways serving traffic between major and local roadways. These are roadways used mainly for traffic movements within residential, commercial and industrial areas.

(c) Local street: Roadways used primarily for direct access to residential, commercial, industrial, or other abutting property. They do not include roadways carrying through traffic. Long local roadways will generally be divided into short sections by collector roadway systems.

(d) Expressway: A divided major arterial highway for through traffic with full or partial control of access and generally with interchanges at major crossroads. Expressways for noncommercial traffic within parks and parklike areas are generally known as parkways.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.10. County Surveyor.

"County Surveyor" shall mean the County Surveyor of the Department of Planning and Development.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-300.357, § 30, 5-25-82)

Sec. C12-5.11. Design.

"Design" means:

(1) Street alignments, grades and widths;

(2) Drainage and sanitary facilities and utilities, including alignments and grades thereof;

(3) Location and size of all required easements and rights-of-way;

(4) Fire roads and firebreaks;

(5) Lot size and configuration;

(6) Traffic access;

(7) Grading;

(8) Land to be dedicated for park or recreational purposes; and

(9) Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the General Plan.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.12. Director of Transportation.

"Director of Transportation" shall mean the civil engineer designated by the Director of Transportation to carry out the functions of the Director set forth in this division.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1230.39, 10-16-78)

Sec. C12-5.13. Final map.

"Final map" refers to a numbered tract subdivision map showing five or more parcels or condominiums which is prepared in accordance with this division.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.14. Improvement.

"Improvement" refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; and such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the County or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the General Plan.

(Ord. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.15. Land Development Coordinator.

"Land Development Coordinator" shall mean the Land Development Coordinator of the Central Permit Office.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.16. Parcel map.

"Parcel map" shall mean a map showing the division of land into four or less parcels, or when a final map is not required by this chapter, and prepared in accordance with this division.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.17. Right-of-way.

"Right-of-way" shall mean all or any part of the entire width of a road, street, highway, flood control or drainage easement or fee title.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.18. Standard.

"Standard" shall mean the adopted County standards including the current Standard Details Manual, County of Santa Clara Transportation Agency, adopted by the Board of Supervisors, copies of which are on file in the office of the Clerk of the Board of Supervisors of the County of Santa Clara.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.19. Subdivider.

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.20. Subdivisions.

(a) Subdivision means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way.

"Subdivision" includes a condominium project, as defined in Civil Code § 1351 or a community apartment project, as defined in Business and Professions Code § 11004. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, "agricultural purposes" means the cultivation of food or fiber, or the grazing or pasturing of livestock.

(b) Subdivision does not include:

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

(2) Mineral, oil or gas leases.

(3) Land dedicated for cemetery purposes under the Health and Safety Code of the State of California.

(4) Lot line adjustments in accordance with Chapter 5.55 of the Zoning Ordinance.

(5) Boundary line or exchange agreements to which the State Land Commission or a local agency holding a trust grant of tide and submerged lands is a party.

(6) Acquisition of less than a whole parcel by a public agency or public utility having the power of eminent domain. When any public agency or public utility having the power of eminent domain acquires less than a whole parcel, the residue of that acquisition shall be considered a separate parcel, legally conforming for purposes of the Zoning Ordinance, but subject to review and approval prior to development under applicable County land development regulations and ordinances.

(7) Sale by a public agency or public utility having the power of eminent domain of the residue of a parcel no longer needed for public purposes, so long as such residue is not further divided. Such residue shall be considered a separate parcel legally conforming for purposes of the Zoning Ordinance, but subject to review and approval prior to development under applicable County land development regulations and ordinances.

(c) Exclusion. All whole parcels described in recorded deeds as of June 25, 1969, shall be considered as separate parcels subject to regulation as existing individual parcels as single building sites, provided such parcels were not divided or created in violation of County ordinance which existed at the time of such creation or division. Such individual parcels may be assembled and re-divided at the option of the property owner.

(d) Major subdivision shall mean any subdivision containing five or more parcels or condominiums.

(e) Minor subdivision shall mean any subdivision containing four or less parcels or lots.

(f) Cluster subdivision means a subdivision using flexibility and variety in the location of dwelling units on a lot and diversity of lot sizes. This type of subdivision is subject to a cluster permit as outlined in Chapter 5.45 of the Zoning Ordinance, which should be consulted for types of clusters, processing and review.

(g) Hillside subdivision is a subdivision where the percent slope of the land is ten percent or more. The term "percent slope" shall mean the vertical drop divided by the horizontal distance multiplied by 100. Percent slope "S" shall be computed by the formula:

S=0.00229IL

A

Where
S=percent slope;
I=Interval of contours in feet (uniform vertical distance between successive contours);
L=Length of contours in feet (summation of individual contours); and
A=Area in acres of parcel being considered.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.43, § 1, 3-26-79; Ord. No. NS-1203.79, § 1, 6-17-86; Ord. No. NS-1200.318, § 25, 3-28-06)

Sec. C12-5.21. Tentative map.

"Tentative map" refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.22. Vesting tentative map.

"Vesting tentative map" shall mean a tentative map for a residential subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed and is thereafter processed in accordance with the provisions of Part 4 (commencing with Section C12-60) of Article 3 of this chapter.

(Ord. No. NS-1203.78, § 1, 5-13-86)

Secs. C12-6--C12-9. Reserved.

ARTICLE 2.
MAPS

Part 1.
General Provisions

Sec. C12-10. Map requirements.

A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominium units as defined in Civil Code § 783, or as a community apartment project containing five or more parcels, except where:

(a) Less than five acres: The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the County; or

(b) Gross area of 20 acres of more: Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or

(c) Industrial or commercial zoning: 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 County as to street alignments and widths; or

(d) Gross area of 40 acres or more: Each parcel created by the division has a gross area of 40 acres or more, or each of which is a quarter of a quarter section or larger. A tentative map and a parcel map shall be required for those subdivisions described in Paragraphs (a), (b), (c), and (d) above and for four or less condominium units, or a community apartment project containing four or fewer parcels.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-11. Lot line adjustments.

The provisions for lot line adjustments are contained within Chapter 5.55 of the Zoning Ordinance, and are by this reference incorporated as part of the subdivision and land development regulations of this title.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.37, § 1, 7-17-78; Ord. No. NS-1203.54, § 1, 9-16-80; Ord. No. NS-1203.57, § 1, 7-7-81; Ord. No. NS-1203.60, § 1, 3-2-80; Ord. No. NS-1203.79, § 2, 6-17-86; Ord. No. NS-1200.27, § 6, 11-17-96; Ord. No. NS-1200.318, § 26, 3-28-06)

Sec. C12-12. Waiver of requirements for parcel map.

(a) Upon request of the subdivider, the Land Development Coordinator may waive the requirement under this chapter for a parcel map if the Land Development Coordinator finds that the proposed division of land complies with such requirements of the Subdivision Map Act and this chapter as to area, improvement and design, floodwater drainage control, appropriate improvement public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and this chapter, and if the County Surveyor determines that the boundaries of the parcel or parcels are adequately monumented.

(b) A request for approval of a waiver of the requirement for a parcel map shall automatically constitute a request for the issuance of a certificate of compliance meeting the requirements of Section 66428 of the Subdivision Map Act, and of this chapter. When approval has been given for waiver of the requirements of a parcel map, the Land Development Coordinator shall issue a certificate of compliance consistent with such waiver and shall cause said certificate of compliance to be filed with the County Recorder.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-13. Condominium project or community apartment projects.

(a) Maps need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor shall the County have the right to refuse approval of a parcel, tentative or final map of such a project on account of design or location of buildings on the property shown on the map not violative of local ordinances or on account of the manner in which airspace is to be divided in conveying the condominium. Fees and lot design requirements shall be computed and imposed with respect to such maps on the basis of parcels or lots of the surface of the land shown thereon as included in the project. Nothing herein shall be deemed to limit the power of the legislative body to regulate the design or location of buildings in such a project by or pursuant to local ordinances.

(b) Conversions. The Board shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project or a community apartment project unless it finds both that:

(1) Each of the tenants of the proposed condominium or community apartment house project has been or will be given 120 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions hereof shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to the provisions of services, payment of rent or the obligations imposed by Civil Code §§ 1941, 1941.1 and 1941.2; and

(2) Each of the tenants of the proposed condominium or community apartment house project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 60 days from the date of issuance of the subdivision public report pursuant to Business and Professions Code § 11018.2, unless the tenant gives prior written notice of his intention not to exercise the right.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-14. Short-term lease; conveyance of rights-of-way.

A parcel map shall not be required for a subdivision created by short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Public Utilities Code § 230, or for land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made to the Land Development Coordinator in individual cases, upon substantial evidence that public policy necessitates such a parcel map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-15. Map to be recorded.

Of the maps required by this chapter, only final and parcel maps may be filed for record in the office of the Recorder.

(Ord. No. 4826 § 4, 3-13-78)

Sec. C12-16. Consent of owners.

No final map or parcel map required by this chapter which creates a subdivision shall be recorded without the written consent of all parties having any record title interest in the real property proposed to be subdivided; except, that with respect to a division of land into four or fewer parcels, when dedications or offers of dedications are not required, the certificate need only be signed and acknowledged by the subdivider.

(Ord. No. 1203.35, § 4, 3-13-78)

Sec. C12-17. Reserved.

Sec. C12-18. Additional information filed or recorded simultaneously with final or parcel map.

Except as is provided in this section, no additional survey and map requirements other than those prescribed in Sections C12-26, C12-27, C12-33 and C12-35 or by state law shall be included on a final or parcel map which do not affect record title interests. The map, however, shall contain a notation of reference to any additional survey and map information to be filed or recorded simultaneously with the map as provided in this section.

When required or permitted by the conditions of approval or when authorized by the County Surveyor, additional information may be filed or recorded simultaneously with a final or parcel map. The additional information shall be in the form of a separate document or an addition map sheet which shall indicate its relationship to the final or parcel map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, 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.

(Ord. No. NS-1203.82, § 1, 1-13-87)

Sec. C12-19. Reserved.

Part 2.
Tentative Maps

Sec. C12-20. Form and content of tentative maps.

(a) A tentative map for a subdivision for which a final map or a parcel map is required shall be clearly and legibly drawn.

(b) The sheet size shall be preferably 18 inches by 26 inches, but in no case larger than 24 inches by 36 inches. If necessary, more than one sheet should be used. The map shall be of such scale, preferably one inch equals 100 feet, as to show clearly all details thereof. The map shall be prepared by a registered civil engineer or licensed land surveyor, and shall contain the following information:

(1) The proposed subdivision name or other designation.

(2) Sufficient description to define the location and boundaries of the proposed subdivision.

(3) Names, addresses, and signatures of record owners, subdivider, and name of engineer or surveyor under whose direction the map was prepared.

(4) Locations, names and present widths of adjacent streets, highways and ways.

(5) The locations, proposed names, rights-of-way widths, and approximate grades of all streets, highways and ways in the subdivision.

(6) The locations and approximate widths of all easements for access, water system, flood control, drainage, sewage, or public utilities.

(7) Approximate radii of all curves.

(8) Approximate dimensions of all lots.

(9) Approximate boundaries of areas subject to inundation or storm water overflow and of all areas covered by water and the location, width and direction of flow of all watercourses, flowing or dry.

(10) Existing structures to remain, wells, pipelines, sewage disposal installations and any other existing use or uses of the property.

(11) Proposed uses of the property and an outline of proposed restrictions, if any.

(12) Public areas proposed, if any.

(13) In areas to be developed or improved with roads, existing and proposed contours shall be drawn to intervals as follows:
SlopeMaximum Interval (feet)
0.00%--1.00% 1
1.00%--15.00% 5
15.00%--30.00%10
30.00% and over20

Contours shall be accurate to within one-half a contour interval. In areas not to be developed, greater intervals may be permitted which shall be extended into adjacent property a sufficient distance to establish proper topographical relationships. Adequate cross-sections and profiles may be required depending on the extent of proposed grading.

(14) Where a parcel is traversed by a watercourse, contours describing the watercourse shall be drawn to intervals as follows:
Average Slope of Channel BottomContour Interval (feet)
0.00%--1.00%1
1.00%--15.00%2
15.00% and over5

Provide accurate topographic information to show exact center line of watercourse, top of low and high banks, direction of flow and existing obstructions within and adjacent to the watercourse. Where a watercourse lies outside of a parcel, but the top of bank lies within 25 feet of the property line, show exact location of the top of bank relative to property line.

(15) Statement of the dedications and improvements proposed to be made or installed.

(16) Typical cross-sections of all streets (not less than two sections) showing any existing road widths and surfacing, proposed road widths and maximum cuts and fills at intervals not exceeding 500 feet. They shall accurately depict topographic conditions not less than 100 feet outside the future rights-of-way. The vertical dimensions of cuts and fills on each section shall be shown.

(17) Date, north point and scale.

(18) A site location sketch indicating the location of the proposed subdivision in relation to the surrounding area or region.

(19) The approximate known soil or geologic hazard areas.

(20) Provisions for drainage and flood control which are proposed.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-21. Lot design.

(a) Each lot shall have an area equal to or greater than that required by the Zoning Ordinance or as allowed or required under other applicable regulations, such lot area to be sufficient for the house, setbacks, yards, septic tank and well, if required, and any necessary cuts or fills and drainage facilities. The size and shape shall be such that any necessary permits can be issued under normal review procedures based upon application of ordinance requirements and acceptable design principles. Future street openings and street extensions for traffic circulation must be provided. Lots typically shall have frontage on only one street where practicable, but may have double frontage when necessary because of natural terrain features.

(b) Lots shall have frontage on a street or access to a right-of-way approved by the Land Development Coordinator as the principal vehicle access to the lot.

(c) The side lines of lots will be required to run at right angles to the street upon which the lot faces, as far as practical.

(d) Where practicable, residential lots adjacent to a major collector street or highway which is planned for four or more lanes shall be designed to front on a street one lot depth removed from the major street or highway, or an intersecting side street.

(e) Corner lots shall have extra width, sufficient to permit the maintenance of building setback lines on both front and side streets. Ordinarily, the width required will be the amount of the established building setback lines on the side street plus a reasonable building width plus such side yard width as may be required by law for the interior side of the lot.

(f) All lots shall be suitable for the purpose for which they are intended to be sold.

(g) All lots shall be designed to provide the maximum in safety and human enjoyment while taking advantage of the best natural building sites. Trees of significant value and the natural contours of the land shall be preserved as much as possible.

(h) Where lots have frontage on a roadway which is not designed to permit parking, off-street parking shall be provided. Either individual lot or common parking areas may be used. Common parking areas to serve several dwelling units shall be designed for two spaces per dwelling unit, exclusive of garage or carport. If common parking areas are not used, each lot shall be improved to provide off-street parking spaces for four cars in addition to parking provided within garages or carports. Driveways may be used to provide this parking.

(i) Lot widths have a significant effect on aesthetics and improvement cost. To avoid undesirable narrow, deep lots and to achieve a reasonable balance in lot design and improvement costs, lots (except cluster developments) generally shall have a maximum depth to width ratio of three-to-one.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-22--C12-25. Reserved.

Part 3.
Final Maps

Sec. C12-26. Form and content of final maps.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. It shall be based on a survey and shall conform to all of the following provisions:

(a) It 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) The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving a entirely blank margin of one inch. The scale and the information on the map shall be large enough to show all details clearly in order to allow for future microfilming and subsequent reproduction, and enough sheets shall be used to accomplish this end. The particular number of the 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.

(c) All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

(d) Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named with new names, subject to the approval of the advisory agency.

(e) The exterior boundary of the land included within the subdivision shall be indicated by a distinctive symbol suitable for microfilming without obliterating information, and shall be identified in the legend. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

(f) All specific requirements noted as conditions of approval for the tentative map shall be incorporated into the final map.

(g) The title sheet shall contain the title and tract number as secured from the Central Permit Office, conspicuously placed on the sheet. Below the title shall appear a subtitle consisting of a general description of all the property being subdivided by reference to recorded deeds or to maps which have been previously recorded or by reference to the plat of a United States survey.

(h) There must also appear on the map the scale, the north point and the basis of bearing, reference being made to a recorded subdivision map, recorded deed, United States survey, solar or polaris observation. Every sheet comprising the map proper shall bear the title, scale, north point, sheet number, and County file number.

(i) Affidavits, certificates, acknowledgments, endorsements, acceptances of dedications, and notarial seals required by law and by this chapter shall appear only once and shall be placed on the title sheet, or the title sheet and such other sheets as may be required.

(j) All stakes, monuments or other evidences which were found on the ground to determine the boundaries of the subdivision shall be shown. The adjoining corners of all adjoining subdivisions shall be identified by lot and block number, tract name and place of record, or by section, township and range or other property designation.

(k) City boundaries which cross or adjoin subdivision shall be clearly designated.

(l) In making the survey, the engineer or surveyor shall set permanent monuments at all angle and curve points on the subdivision boundary, on the boundaries of each block and on all lot corners. In case the location of any watercourse, inaccessible terrain or physical obstruction makes it impracticable to place any of the monuments as required by this section, the County Surveyor may authorize, in lieu thereof, the placing of off-set monuments. The exterior boundary of the land being subdivided shall be adequately monumented before the map is recorded. All monuments shall be appropriately marked with the engineer's or surveyor's license number in conformance with Business and Professions Code § 8772.

(m) Monuments and monument boxes set in existing or future County roads shall conform to Transportation Agency published standards. Sections, quarter sections and rancho corners shall be not less than two inches nominal diameter iron pipe 36 inches long. Standard property corner monuments shall be iron pipe not less than three-fourths inches nominal diameter 18 inches long.

(n) Find and show on the map of the survey (with ties) all existing monuments in the immediate area which have a significant bearing on the confirmation or establishment of the lines of the property being surveyed. Reestablish any lost monuments that have controlling influence on the line of the survey. Identify on the map the monuments used as the basis for the survey and which correlate with the legal description of the property.

(o) Monumenting road center lines (public and private).

(1) Monument the center line intersection of roads created or widened by the parcels being surveyed. Provide additional road center line monumentation adequate for the present survey and future resubdivision or resurvey of the property. (Maximum distance between center line monuments to be 1,000 feet.)

(2) Find and show on the map the existing road center line and/or monument lines of record in existing roads adjacent to the parcels being surveyed. If monuments are below the road surface and not enclosed in monument boxes, show the existing record data on all monuments on the map of the survey and uncover only such monuments as are needed for establishment of the survey and verification of points and lines.

(p) Monumenting road rights-of-way and road easement lines (public and private).

(1) Monument the road right-of-way or road easement lines at the point of intersection with the property line.

(2) Monument the road right-of-way or road easement lines at all BC's and EC's or angle point if there is no curve. NOTE: County regulations require curvilinear alignment for newly created or widened roads.

(3) Monument the proposed right-of-way line rather than the existing one if the survey involves a right-of-way or easement to be widened in connection with a land development project.

(4) Find and show on the map of the survey the existing right-of-way or easement monuments of record.

(q) Monumenting drainage, flood-control and utility easements (existing and proposed).

(1) Monument drainage and flood-control easement lines rather than the property lines in situations where the easement is adjacent to the property lines and it would not be appropriate or practical to set the monument on the property line because of flowing water, erosion, proposed construction, etc.

(2) Monument the proposed property lines in situations where land is to be purchased or dedicated in fee in connection with a land development project

(3) Monuments on easement lines other than those described in (1) and (2) above are not required unless they are needed to determine the setbacks for buildings or other permanent improvements.

(4) Show all easement widths, bearing, distances, ties and recording data (if recorded) on the map of the survey. (Required regardless of whether monuments are provided.)

(r) All monuments shall be subject to inspection and approval by the County Surveyor before approval of the map. In case the improvements in the subdivision are proposed to be installed subsequent to the recordation of the map, the County Surveyor may authorize the placing of reference point markers in lieu of some of the interior monuments required by this chapter which cannot be permanently placed until completion of the improvement work. In such case the agreement for the improvement work shall include the placing of the permanent monuments required by this chapter.

(s) At the County Surveyor's option, interior monuments need not be set at the time the final map is recorded if the engineer or surveyor certifies on the map that the monument will be set on or before a specified later date, and if the subdivider furnishes to the Board a bond or cash deposit guaranteeing the payment of the cost of setting the monuments as part of the agreement.

(t) Within five days after the final setting of all monuments has been completed by the engineer or surveyor, he shall give written notice to the subdivider, and to the County Surveyor that the final monuments have been set.

Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the County Surveyor evidence of such payment and receipt thereof by the engineer or surveyor. If the subdivider does not present evidence to the County Surveyor that he has paid the engineer or surveyor for the setting of the final monuments, and if the engineer or surveyor notifies the Board that he has not been paid by the subdivider for the setting of the final monuments, the Board may, within three months from the date of said notification, pay the engineer or surveyor from any deposit the amount due.

(u) In the event of the death, disability, or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his refusal to set such monuments, the Board may direct the County Surveyor, or such engineer or surveyor as it may select, to set such monuments. When the monuments are so set, the substitute engineer or surveyor shall amend any map filed pursuant to this chapter. All provisions of this chapter relating to payment shall apply to the services performed by the substituted engineer or surveyor.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.82, § 2, 1-13-87)

Sec. C12-27. Affidavits and certificates on final maps.

The following affidavits and certificates, with acknowledgments where appropriate, shall appear on the final map:

(a) Owner's certificate, with acknowledgments, consenting to the preparation and recording of the final map and to the dedication or offer to dedicate interest in real property for specified public purpose. Said certificate must be signed by all parties having any record title interest in the real property being subdivided, except as follows:

(1) Neither a lien for state, County, municipal or local taxes, nor the special assessments, nor a trust interest under bond indentures, or mechanics' liens constitute a record title interest in land for the purpose of this chapter.

(2) The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

(3) Signatures of parties owning the following types of interest may be omitted if their names and the nature of their respective interests are stated on the final map:

a. Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity or public utility. A procedure for omitting the signature of a public entity or public utility is set forth in Government Code § 66436.

b. Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or latches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map.

c. Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances.

(4) In the event any street shown on a subdivision map is not offered for dedication, the owner's certificate may contain a statement to this effect.

If such statement appears on the map and if the map is approved by the Board, the use of any such street or streets by the public shall be permissive only.

(5) An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such real property unless and only to the extent and intent to dedicate such facilities is expressly stated in the certificate.

(b) Clerk's certificate--Board approval. The final map shall contain a certificate for execution by the clerk of each approving legislative body stating that the body approved the map and accepted or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

(c) Engineer's or surveyor's certificate. Engineer's or surveyor's certificate shall give the date of the survey, state that the survey and final map were made by him or under his direction, and that the survey is true and complete in conformance with usual survey practice as shown.

The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date, but in no event later than 24 months after recording. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

(d) Recorder's certificate. County Recorder's certificate stating the date at which the map was received for recording and that after having examined the map it was acceptable for recording. It shall also contain the recording date.

(e) County Surveyor's certificate. County Surveyor's certificate stating:

(1) He has examined the map.

(2) The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof.

(3) All provisions of this chapter and of all local ordinances applicable at the time of approval of the tentative map have been complied with.

(4) He is satisfied that the map is substantially correct.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-28. County Surveyor's certification.

The County Surveyor shall complete and file with the Board his certificate within 20 days from the time the final map is submitted to him by the subdivider for approval, if all tentative map conditions and all requirements of this chapter are met.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-29--C12-32. Reserved.

Part 4.
Parcel Maps

Sec. C12-33. Form and content of parcel maps.

The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, and shall show the location of streets and property lines bounding the property and shall conform to all the following provisions:

(a) It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates 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) The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale and the information on the map shall be large enough to show all details clearly in order to allow for future microfilming and subsequent reproduction, and enough sheets shall be used to accomplish this end. The particular number of the 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.

(c) Each parcel shall be numbered or otherwise designated.

(d) The exterior boundary of the land included within the subdivision shall be indicated by a distinctive symbol suitable for microfilming without obliterating information on the map. The symbol shall be identified in the legend.

(e) The map shall show the location of each parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be indicated, but need not be indicated as a matter of survey, but only by deed reference to the existing record boundaries of such remainder, if such remainder has a gross area of five acres or more.

(f) In accordance with the provisions of this chapter, a certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map, shall be placed on the face of the map; except that with respect to the division of land into four or fewer parcels, when dedication or offers of dedication are not required, the certificate shall be signed and acknowledged by the owner only.

(g) The parcel map shall define, delineate and designate all lots reserved for private purposes, all parcels offered for dedication for any purposes, public or private and any private streets or roads permitted under the provisions of the applicable tentative map approval conditions with all dimensions, boundaries and courses clearly shown and defined in every case. Sufficient linear, angular and radial data shall be shown to readily determine the bearing and length of the boundaries of the subdivision and the parcels being created. Lengths, radius and central angle of all curves shall be shown.

(h) All monuments and other evidence found and used to determine the boundaries of the subdivision shall be shown on the map.

(i) City boundaries which cross or adjoin the subdivision shall be clearly designated.

(j) The map shall identify the location and kind of survey monuments set or found in conjunction with the preparation of the map.

(k) Easements and rights-of-way which affect the created parcels shall be noted on the map.

(l) The survey monuments set or reset by the engineer or surveyor shall be in the same form, manner and standards as outlined in this chapter, Sections C12-26 through C12-28.

(m) Any offers for dedications required as a tentative map condition shall be included as part of the owner's certificate.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.82, § 3, 1-13-87)

Sec. C12-34. Survey basis for parcel map.

In all cases where a parcel map is required, such map shall be based either upon a field survey made in conformity with Land Surveyors Act, or be compiled from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map if the location of at least one of these boundary lines can be established from an existing monumented line.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-35. Certificates.

The owner's certificate as outlined in Section C12-27(a) shall be placed on the parcel map including the following language: All off-site and on-site improvements not completed prior to recording of this map are covered under a standard land development agreement. In addition to the owner's certificate, the following shall appear on the parcel map:

(a) Engineer's or surveyor's certificate. This map was prepared by me or under my direction (and was compiled from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act at the request of (name of person authorizing map) on (date) . I hereby state that the parcel map procedures of the County of Santa Clara have been complied with and that this parcel map conforms to the approved tentative map and the conditions of approval thereof which were required to be fulfilled prior to the filing of the parcel map.
(Signed) ____

R.C.E. (or L.S.) No. <#rule>

(b) Recorder's certificate. Filed this <#rule> date of , 19, at m. in Book <#rule> of <#rule>, at page <#rule>, at the request of .
Signed ____ (County Recorder)

(c) County Surveyor's certificate. This map conforms with the requirements of the Subdivision Map Act and this chapter.
____ (date)(Signed) ____ (County Surveyor)

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-36--C12-39. Reserved.

ARTICLE 3.
PROCEDURE

Part 1.
General

Sec. C12-40. Applicability.

The procedure set forth in this article shall govern the processing, approval, conditional approval or disapproval and filing of tentative, final and parcel maps and the modification thereof.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-41. Extension of time limits.

The time limits specified in this chapter for reporting and action on maps may be extended by mutual consent of the subdivider and the advisory agency or by the Board.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-42. Processing fee.

Processing fees shall be established by the Board of Supervisors for lot line adjustments, certificates of compliance, reversions to acreage, lot mergers, extensions of time, tentative maps, final maps, and parcel maps. The prescribed fees, plus recording fees when applicable, must be paid when the document is filed with the Office of Development Services.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-300.791, § 5, 4-22-08)

Sec. C12-43. Notice of hearings.

Whenever a public hearing is held by the Board of Supervisors or by the Planning Commission pursuant to this chapter, notice of the time and place thereof, including a general description and the location of the proposed subdivision shall be given as follows:

(a) Publication. Notice of said hearing shall be given by publication in a newspaper of general circulation printed and published within the County at least ten days prior to the date set for hearing.

(b) Mailed notices. Postal card or mailed notices shall be mailed not less than ten days prior to the hearing to the owners of property within 300 feet of the exterior boundaries of the property involved in the application. Such notice shall be mailed to the last known name and address of such owners as shown upon the records of the County Assessor.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-44. Reserved.

Editor's note--Section C12-44, relating to notice of minor subdivision approval, derived from Ord. No. NS-1203.35, § 4, adopted Mar. 13, 1975, and Ord. No. NS-1203.45, § 1, adopted July 2, 1979, was repealed by § 1 of Ord. No. NS-1203.46, adopted Aug. 13, 1979.

Secs. C12-45--C12-49. Reserved.

Part 2.
Tentative Maps

Sec. C12-50. Filing tentative maps.

Tentative maps shall be filed with the Land Development Coordinator, including the original or an acceptable reproducible copy, and such additional copies as required.

(Ord. No. 1203.35, § 4, 3-13-78)

Sec. C12-51. Effective time of filing.

The time of filing a tentative map shall be construed to be the time at which the Land Development Coordinator formally accepts the application as complete by written notification to the applicant. Prior to formal acceptance, the map received shall be examined to determine if it is complete, in full compliance With this chapter, as to form and content. If the tentative map application is incomplete, the Land Development Coordinator, within 30 calendar days from the day the application was originally submitted, shall notify the applicant in writing as to those parts which are incomplete and what must be done to complete the application.

Part 3.
Distribution and Reports

Sec. C12-52. Generally.

(a) Upon the filing of a tentative map, the Central Permit Office shall distribute the appropriate number of copies of the tentative map and appropriate application information to various County departments and agencies enumerated herein, and to any other interested public agencies. The referral departments and agencies shall submit a written report to the Land Development Coordinator, listing the conditions that should be imposed or the specific and detailed reasons why the tentative map should be denied, all within the time limits established by the Land Development Coordinator, the Planning Commission or the Board of Supervisors.

(b) Subsequent to referral of the tentative map and application information to the required County departments and agencies, any modification of the application initiated by the applicant shall be subject to the payment of a fee in an amount prescribed by resolution of the Board of Supervisors. In the event that the applicant submits a request to modify the application, the Land Development Coordinator may require that the application be resubmitted. The required resubmission of an application shall not affect the effective time of filing defined in Section C12-51; provided, that a modification adding land or changing the subdivision from four or less parcels to five or more parcels or from five or more parcels to four or less parcels shall be deemed to be filed on the date on which the resubmitted application is accepted as complete by written notification to the applicant.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.48, § 1, 2-25-80)

Sec. C12-53. Environmental Management Agency review.

(a) Environmental health services. Upon receipt of the tentative map, the County Health Officer shall review the proposed sewage disposal and the domestic water system and existing and projected noise sources and noise levels in compliance with the County Noise Element of the General Plan.

(b) Fire Marshal. Upon receipt of the tentative map, any agency responsible for providing fire protection to the subdivision or the County Fire Marshal, or both, shall review the project with respect to requirements relating to fire protection.

(c) Land development engineering and surveying. Upon receipt of the tentative map, the County Surveyor shall review the proposed subdivision with respect to surveying existing and proposed rights-of-way and easements, drainage, existing and proposed street patterns, traffic circulation, structural and geometric design, curves and grades of streets, erosion control, sewers, grading, geology, underground utilities and street lighting and compatibility of existing and proposed street names on final maps or parcel maps.

(d) Planning. Upon receipt of the tentative map, the County Planning Department shall review the proposed subdivision with respect to the General Plan, specific plans, official plan lines, off-street parking, tree planting and preservation, lot design, and conformance with the Zoning Ordinance.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-54. Santa Clara Valley Water District.

Upon receipt of the tentative map, the Santa Clara Valley Water District shall investigate the effect of the proposed subdivision upon flood-control channels and water pipeline transmission facilities or projects and shall make a written report to the Land Development Coordinator stating whether the tentative map conforms with the prescribed standards of the district and whether or not any substantial flooding hazard will be created in or result from the proposed subdivision. The district shall recommend to the Land Development Coordinator conditions to be met by the subdivider relative to flood-control channels, projects, permits, minimum lot elevations, right-of-way requirements, and applicable provisions of this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-55. Transportation Agency.

Upon receipt of the tentative map, the Director of Transportation shall review the proposed subdivision with respect to street rights-of-way and improvements, traffic circulation, storm drainage, traffic safety, structural and geometric design, curves and grades of streets, erosion control, plantings, underground utilities and street lighting. Dedication and improvement requirements will be in compliance with the "Future Width Line Study" proposed by Ruth and Going, subject to future amendments and revisions. The Director of Transportation shall make a written report to the Land Development Coordinator stating the conditions that must be met for the subdivision to meet the requirements of this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-56. Notice to school districts.

Pursuant to the Subdivision Map Act, within ten days of the filing of a tentative map, the Land Development Coordinator shall send notice of the filing of the tentative map to the governing board of any school district within the boundaries of which the subdivision is proposed to be located. Such notice shall notify any such school board that it may, within 20 days of the date of the notice, send a written report to the Land Development Coordinator indicating the impact of the proposed subdivision on the affected school district and making such recommendations as the governing board deems appropriate.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-57. Reserved.

Sec. C12-58. Review by State.

(a) The State Department of Transportation may file with the Land Development Coordinator a map or an amended map of any territory within one mile on either or both sides of any state highway in which territory it believes the subdivision would have an effect upon an existing state highway or a future state highway, the route of which has been adopted by the California Highway Commission. The Land Development Coordinator shall issue a receipt for the territorial map and thereafter shall transmit to the appropriate district office of the Department of Transportation within three days after the receipt thereof, one copy of each tentative map of any subdivision located wholly or partly within the territory outlined on the territorial map.

(b) The Department of Transportation, upon receiving a copy of the map may, within 15 days after receipt thereof, make recommendations to the Land Development Coordinator in connection therewith regarding the effect of the proposed subdivision upon such highway or highway route.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-59. Review by Intergovernmental Management Office.

Upon the filing of a tentative map it may be submitted to the Office of Intergovernmental Management, pursuant to Government Code § 12037, for an evaluation of the environmental impact of the proposed subdivision. If the subdivision in question is a land project as defined by Business and Professions Code § 11000.5, such submission shall be required prior to approval of the map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Part 4.
Vesting Tentative Maps*

------------

Editor's note--Section 2 of Ord. No. NS-1203.78, adopted May 13, 1986, amended Pt. 4 to read as set out in §§ C12-60--C12-65. Formerly, the substantive provisions of Pt. 4 were entitled "Environmental Reviews" and consisted of a single § C12-64, "Environmental impact," derived from Ord. No. NS-1203.35, § 4, adopted Mar. 13, 1978.

------------

Sec. C12-60. Application.

(a) This part shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Santa Clara County Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed in accordance with the provisions of this part.

(b) 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.

(Ord. No. NS-1203.78, § 2, 5-13-86)

Sec. C12-61. Filing and processing.

An application for a vesting tentative map shall be filed in the same form with the same fees, accompanying data and reports and shall be processed in the same manner as is provided for a tentative map except that at the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

(Ord. No. NS-1203.78, § 2, 5-13-86)

Sec. C12-62. Expiration of vesting tentative maps.

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this chapter for the expiration of the approval or conditional approval of a tentative map.

(Ord. No. NS-1203.78, § 2, 5-13-86)

Sec. C12-63. Vesting on approval of vesting tentative map.

(a) 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 described in Government Code § 66474.2.

However, if Government Code § 66474.2 is repealed, 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 the vesting tentative map is approved or conditionally approved.

(b) Notwithstanding Subsection (a), a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:

(1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

(2) The condition or denial is required, in order to comply with state or federal law.

(c) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section C12-62. If the final map is approved, these rights shall last for the following periods of time:

(1) An initial time period of one year. 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 filed with the County Recorder.

(2) The initial time period set forth in (c)(1) shall be automatically extended by any time used for processing a complete application for conditional grading approval or for design or architectural review, if such processing exceeds 30 days, from the date a complete application is filed.

(3) A subdivider may apply for a one-year extension at any time before the initial time period set forth in (c)(1) expires. A request for such an extension shall be by letter to the Land Development Coordinator accompanied by a fee in an amount established by resolution or ordinance by the Board of Supervisors. Such requests shall be processed in the same manner as extensions of time for tentative maps.

(4) If the subdivider submits a complete application for a building permit during the periods of time specified in Subdivisions (1)--(3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. No. NS-1203.78, § 2, 5-13-86)

Sec. C12-64. Modification of approved vesting tentative maps.

At any time prior to the expiration of a vesting tentative map, the subdivider may apply for a modification of the vesting tentative map. The application shall be processed in the same manner as a modification of a tentative map. A modification of a vesting tentative map shall not affect the vesting period.

(Ord. No. NS-1203.78, § 2, 5-13-86)

Sec. C12-65. Inconsistency with zoning; conditional approval.

(a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at that time, that inconsistency shall be noted on the map. Such a vesting tentative map may be denied or approved conditioned upon the subdivider, or his or her designee, obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If the change in the Zoning Ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section C12-63(a), confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved.

(b) The rights conferred by this section shall be for the time periods set forth in Section C12-63(c).

(Ord. No. NS-1203.78, § 2, 5-13-86)

Secs. C12-66--C12-69. Reserved.

Part 5.
Processing; Appeals; Time Limits

Sec. C12-70. Tentative map for five or more parcels; processing.

A tentative map shall be required for all subdivisions for which a final map or parcel map is required by California Government Code § 66426, and shall be processed through the Central Permit Office. The Land Development Coordinator shall prepare a written consolidated report on the proposed tentative map citing the conditions recommended from referrals and transmit said report and the proposed map to the secretary of the Commission for its action at a public hearing pursuant to this chapter. The subdivider shall be provided a copy of the written report at least three days prior to the hearing date. The Planning Commission shall make a written report recommending approval, conditional approval or disapproval of the tentative map together with proposed findings in support of its recommendation, to the Board of Supervisors within 50 days after the filing of the tentative map with the secretary of the Commission. The Land Development Coordinator shall report to the subdivider in writing of the Planning Commission's action after receipt of written notification of the Commission's action from the secretary of the Commission.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 2, 7-2-79)

Sec. C12-71. Appeal of condition of Santa Clara Valley Water District.

Appeals pertaining to a flood control dedication shall be filed at the Central Permit Office within 15 days after action is taken on the tentative map. The appeal shall be referred to the board of directors of the water district for review and recommendation to the appeal body (whether Planning Commission or Board of Supervisors, or both) as provided in this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-72. Action on tentative maps for five or more parcels by the Board of Supervisors.

(a) The report of the Planning Commission shall be filed with the Clerk of the Board of Supervisors who shall transmit the report to the Board of Supervisors at its next regular meeting. At that meeting the Board shall fix a meeting date at which the tentative map will be considered by it, which date shall be within 30 days thereafter and the Board shall approve, conditionally approve or disapprove the map within such 30-day period. The Board may adopt the recommendation and findings of the Planning Commission a its decision without conducting a public hearing.

(b) If the Board of Supervisors fails to act upon a tentative map within the specified time limit or any mutually agreed upon extension, the tentative map, insofar a it complies with the applicable requirements of the Subdivision Map Act and this chapter, shall be deemed approved and it shall be the duty of the Clerk of the Board to certify such approval.

(Ord. No. NS-1203.45, § 3, 7-2-79)

Editor's note--Ord. No. NS-1203.45, § 3, adopted July 2, 1979, specifically amended the Code by revising § C12-72 to read as herein at out. Formerly, § C12-72 pertained to appeals from action of the Planning Commission, and was derived from Ord. No. NS-1203.35, § 4, 3-13-78, and Ord. No. NS-1203.42, § 1, adopted Jan. 8, 1979.

Sec. C12-73. Tentative map for four or less parcels; processing.

(a) A tentative map shall be required for all subdivisions creating four or less parcels and shall be processed through the Central Permit Office. The Land Development Coordinator shall prepare a written consolidated preliminary report citing the conditions recommended from referrals and recommending approval, conditional approval, or disapproval of the tentative map, together with proposed findings, and transmit said report to the subdivider within 40 days after the effective time of filing of the tentative map application. After receipt of the preliminary report and within 50 days after the filing of the tentative map, the subdivider may accept the conditions of the preliminary report or request an extension of time in order to meet with the Land Development Coordinator and the departments affected by the conditions in disagreement.

(b) Within 50 days after the filing of the tentative map, or within seven days after the conclusion of the meeting if an extension of time is granted to the subdivider, the Land Development Coordinator shall prepare a final report and transmit the tentative map and report to the Clerk of the Board of Supervisors and send a copy to the subdivider.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 4, 7-2-79)

Sec. C12-74. Action on tentative maps for four or less parcels by the Board of Supervisors.

(a) The report of the Land Development Coordinator shall be filed with the Clerk of the Board of Supervisors who shall transmit the report to the Board of Supervisors at its next regular meeting. At that meeting the Board shall fix a meeting date at which the map will be considered by it, which date shall be within 30 days thereafter and the Board shall approve, conditionally approve or disapprove the map within such 30-day period. The Board may adopt the recommendation and findings of the Land Development Coordinator a its decision without conducting a public hearing.

(b) If the Board of Supervisors fails to act upon a tentative map within the specified time limit or any mutually agreed upon extension, the tentative map, insofar as it complies with the applicable requirements of this chapter, shall be deemed to be approved, and it shall be the duty of the Clerk of the Board to certify such approval.

(Ord. No. NS-1203.45, § 5, 7-2-79)

Editor's note--Ord. No. NS-1203.45, § 5, adopted July 2, 1878, specifically amended the Code by revising § C12-74 to road as herein set out. Formerly, § C12-74 pertained to appeals from action of the Land Development Coordinator, and had been derived from Ord. No. NS-1203.35, § 4, 3-13-78, and Ord. No. NS-1203.42, § 2, adopted Jan. 8, 1979.

Sec. C12-75. Appeal of condition of Santa Clara Valley Water District.

The procedure for such an appeal shall be as outlined in Section C12-71.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-76. Reserved.

Editor's note--Ord. No. NS-1209.45, § 6, adopted July 2, 1979, specifically amended the Code by repealing § C12-76, which pertained to appeals from actions of the Planning Commission. Said section had been derived from Ord. No. NS-1203.35, § 4, adopted March 13, 1978.

Sec. C12-77. Expiration of tentative maps.

(a) An approved or conditionally approved tentative map shall expire three years after its approval or conditional approval. Tentative maps approved prior to the effective date of this section which have not expired or which have not been extended pursuant to Section C12-79 shall expire three years from the date of their approval.

(b) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map. Time limits established herein are designed to carry out the policy of the Subdivision Map Act and County policy, to provide for periodic review of development proposals in the light of changed conditions such as changes in the law, new court decisions, changed County standards or policies, and any revisions or pending revisions of the County General Plan or Zoning Ordinance.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.53, § 1, 9-8-80; Ord. No. NS-1203.108, § 1, 10-5-99)

Sec. C12-78. Reserved.

Sec. C12-79. Extension of time to file final or parcel maps.

(a) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the Board of Supervisors may extend the expiration date for periods not exceeding a total of five years, provided, however, that no single application for extension hereunder shall be granted for a period exceeding 30 months.

(b) Requests for time extensions for all subdivision tentative map approvals shall include a letter describing the circumstances necessitating the additional time, a master application form, and the appropriate filing fee as established by the Board of Supervisors. Such requests shall be processed along the same channels and in the same manner as the original tentative map.

(c) Prior to the expiration of an approved or conditionally approved tentative map, upon the application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved or denied, whichever occurs first.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 7, 7-2-79; Ord. No. NS-1203.48, § 2, 2-5-80; Ord. No. NS-1203.56, § 1, 5-26-81; Ord. No. NS-1203.108, § 1, 10-5-99)

Sec. C12-80. Modification of approved tentative maps.

Upon written application of the subdivider to the Land Development Coordinator, modification of an approved or conditionally approved tentative map may be made by the Board of Supervisors. An application for modification shall be accompanied by a fee in an amount prescribed by resolution of the Board of Supervisors.

(Ord. No. NS-1203.48, § 3, 2-25-80)

Secs. C12-81, C12-82. Reserved.

Part 6.
Final Maps

Sec. C12-83. General.

After the approval or conditional approval of the tentative map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the approved or conditionally approved tentative map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-84. Filing map.

A final map conforming to the approved or conditionally approved tentative map, if any, shall be filed with the County Surveyor prior to the expiration of the tentative map, after all required certificates on such map have been signed, and where necessary, acknowledged.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-85. Time for filing.

In order that the final map may be adequately checked and scheduled for final approval by the Board prior to the expiration date of the tentative map, it shall be filed with the County Surveyor not less than nine weeks prior to said expiration date. All conditions imposed by this chapter and the tentative map approval, which in any way may inhibit the checking of said map, shall be met prior to its submittal. All conditions imposed by this chapter and the tentative map approval shall be met within four weeks of the tentative map expiration date.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-86. Filing map with both city and County.

If the subdivision lies partially within a city and the unincorporated territory, the map shall be filed with both the city and the County, and each shall act thereon.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-87. Board action on final map.

(a) Board action on final map. The Board shall, within a period of ten days after the final map is filed with its Clerk, or at its next regular meeting after the meeting at which it receives the map, whichever is later, approve the map if it conforms to all the requirements of this chapter, applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or if it does not so conform, disapprove the map.

(b) Failure of Board to act. If the Board does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved, and the Clerk of the Board shall certify its approval thereon.

(Ord. No. NS-203.35, § 4, 3-13-78)

Sec. C12-88. Subdivider agreement for improvements.

If, at the time of approval of the final map by the Board, any public improvements required by the County have not been completed and accepted, the Board, as a condition precedent to the approval of the final map, shall require the subdivider to enter into an agreement with the County to thereafter complete such improvements at the subdivider's expense pursuant to this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-89. Staying of the tentative map.

This provision shall apply only one time, at the time of the initial complete submittal to the County Surveyor's office for map and plan check if:

(1) An extension of time has been granted in accordance with Section C12-79.

(2) The filing is in accordance with the provisions of Section C12-85, or is in the County Surveyor's office at the time of adoption of this section, or is submitted to the County Surveyor's office within nine weeks after the adoption of this section.

(3) The County Surveyor shall determine if there has been a complete submittal in accordance with these provisions and all other applicable regulations.

In all cases which meet these requirements, the time remaining prior to expiration on the tentative map shall be stayed until the County Surveyor has had an opportunity to check the map and plans in the accordance with applicable procedures. Once the County Surveyor has completed his map and plan check, the remaining time left on the map immediately recommences to run.

(Ord. No. NS-1203.97, § 2, 4-18-89)

Secs. C12-90--C12-92. Reserved.

Part 7.
Parcel Maps

Sec. C12-93. Parcel maps generally.

The procedure for processing, approval, conditional approval or disapproval and filing of parcel maps and modifications thereof, shall be as provided herein.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-94. Filing map.

After the approval or conditional approval of the tentative map, the subdivider may cause a parcel map to be prepared in accordance with the requirements of this chapter and any applicable conditions of the tentative map. Said parcel map shall be filed with the County Surveyor not less than three weeks prior to the expiration of the tentative map. The parcel map shall meet all conditions of this chapter and the tentative map approval, and shall contain all required certificates, appropriately signed and acknowledged, where necessary, prior to filing the map with the County Surveyor. Final approval of parcel maps is vested in the County Surveyor.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-95. Staying of the tentative map.

This provision shall apply only one time, at the time of the initial complete submittal to the County Surveyor's office for map and plan check if:

(1) An extension of time has been granted in accordance with Section C12-79.

(2) The filing is in accordance with the provisions of Section C12-94, or is in the County Surveyor's office at the time of adoption of this section, or is submitted to the County Surveyor's office within three weeks after the adoption of this section.

(3) The County Surveyor shall determine if there has been a complete submittal in accordance with these provisions and all other applicable regulations.

In all cases which meet these requirements, the time remaining prior to expiration on the tentative map shall be stayed until the County Surveyor has had an opportunity to check the map and plans in the accordance with applicable procedures. Once the County Surveyor has completed his map and plan check, the remaining time left on the map immediately recommences to run.

(Ord. No. NS-1203.97, § 3, 4-18-89)

Secs. C12-96--C12-99. Reserved.

Part 8.
Filing Maps With County Recorder

Sec. C12-100. Final map.

When all security required under the provisions of this chapter to secure the payment of taxes and assessments which are a lien on some part of a subdivision of five or more parcels, but which are due but not yet payable, have been deposited with the Clerk of the Board and approved by said Board, the Clerk of the Board shall certify that such deposits have been made and shall transmit the map to the Recorder.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-101. Parcel map.

After approval of a parcel map by the County Surveyor, he shall transmit the map to the Recorder.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-102. Final proof of ownership.

The subdivider shall present to the Recorder evidence that, at the time of the filing of the final or parcel map in the office of the Recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by this chapter as shown by the records in the office of the Recorder, otherwise the map shall not be filed.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-103. Recording; time limit.

The Recorder shall have not more than ten days within which to examine a final or parcel map and either accept or reject it for filing.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-104. Recorder's certificate; indexing.

If the Recorder accepts the map for filing, such acceptance shall be certified on the face thereof. The map shall be filed in a book of maps, or in such other manner as will assure that such maps will be kept together. The map shall become a part of the official records of the Recorder upon its acceptance by him for filing.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-105. Preservation of maps; prints.

The original map shall be stored for safekeeping in a reproducible condition. The Recorder shall maintain for public reference a set of counter maps that are prints of the original maps and produce the original maps for comparison upon demand. Prints of recorded final maps and parcel maps will also be available at the Central Permit Counter, subject to a nominal fee.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-106. Recordation; constructive notice.

The filing for record of a final or parcel map by the Recorder shall automatically and finally determine the validity of such map and when recorded, shall impart constructive notice thereof.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-107--C12-109. Reserved.

Part 9.
Correction and Amendment of Maps

Sec. C12-110. Method of correcting recorded maps.

After a final map or parcel map is filed in the office of the Recorder, it may be amended by a certificate of correction or an amending map in order:

(a) To correct an error in any course or distance shown thereon;

(b) To show any course or distance that was omitted therefrom;

(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 or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

(e) To show the proper location or character of any monument which has been changed in location or character or originally was shown at the wrong location or incorrectly as to its character; or

(f) To correct any other type of map error or omission as approved by the County Surveyor or city engineer, which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-111. Authority to amend; map content.

The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amending map shall conform to the requirements of this chapter. The amending map or certificate of correction shall set forth in detail the corrections made and show the name of the present fee owners of the property affected by the correction or omission.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-112. County Surveyor's certification.

The County Surveyor shall examine the amending map or certificate of correction and, if the only changes made are those set forth in this chapter, he shall certify to this fact on the amending map or certificate of correction.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-113. Recording.

The amending map or certificate of correction certified by the County Surveyor shall be filed in the office of the Recorder. Upon such filing, the Recorder shall index the names of the fee owners and the appropriate tract designation shown on the amending map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-114. Modification of recorded maps.

Upon application of the subdivider or present owner of a subdivided property, a recorded final map, parcel map or conditions of approval of a recorded map may be modified by a certificate of correction or an amending map if the Board of Supervisors makes the following findings:

(1) There are changes in circumstances which 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 present fee owner of the property.

(3) The modifications do not alter any right, title or interest in the real property reflected on the recorded map.

(4) The map and conditions as modified conform to the provisions of Section C12-122.

Requests for modification of a recorded map shall be filed in writing with the Land Development Coordinator. Requests shall be accompanied by a fee in an amount prescribed by resolution of the Board of Supervisors and shall be processed in the same manner as a tentative map. The Board of Supervisors shall confine their hearing to consideration of and action on the proposed modification.

(Ord. No. NS-1203.61, § 1, 3-9-82)

Secs. C12-115--C12-119. Reserved.

ARTICLE 4.
REQUIREMENTS

Part 1.
General

Sec. C12-120. Compliance with this chapter.

The County shall disapprove a tentative map or a final subdivision map or parcel map for failure to meet or perform any of the requirements or conditions imposed by this chapter and the Subdivision Map Act; provided, that a final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map; and, provided further, that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The Board of Supervisors and County Surveyor may waive any technical and inadvertent error upon finding that such error does not materially affect the validity of the map.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 8, 7-2-79)

Sec. C12-121. General Plan; area plan; zoning.

(a) Compliance with General Plan. The Board of Supervisors shall not approve a tentative map unless it is found that the proposed subdivision, together with the provisions of its design and improvement, is consistent with the general plan required by Article 5 of Chapter 3 of Division 1 of Title 7 of the California Government Code (Government Code § 65300), or any specific plan adopted pursuant to Article 8 of Chapter 3 of Division 1 of Title 7 of the California Government Code (Government Code § 65450 et seq.).

(b) Consistency with area plan. A proposed subdivision shall be consistent with the General Plan or a specific area plan where the County has officially adopted such a plan, and the proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in such a plan.

(c) Compliance with zoning. All subdivisions shall comply with the County Zoning Ordinance.

(d) Compliance with solar access requirements. A tentative map shall not be approved unless it is found that the proposed subdivision is consistent with the requirements of Part 9 of Article 4 of Chapter 1 of Division C12 of Title C of this Ordinance Code (commencing with Section C12-173), Solar Access for Subdivision Development.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 9, 7-2-79; Ord. No. NS-1203.51, 4-21-80)

Sec. C12-122. Denial of approval; findings.

The Board of Supervisors shall deny approval of a tentative or final subdivision map if it makes any of the following findings:

(a) That the proposed map is not consistent with applicable general and specific plans.

(b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

(c) That the site is not physically suitable for the type of development.

(d) That the site is not physically suitable for the proposed density of development.

(e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

(f) That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

(g) That 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. In this connection, the Board 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 ones previously acquired by the public. This section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the Board to determine that the public at large has acquired easements for access through, or use of property within, the proposed subdivision.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 10, 7-2-79)

Sec. C12-123. Final map approval based on compliance with tentative maps.

The Board shall not deny approval of a final subdivision map for any of the reasons set forth in this chapter if a tentative map for the proposed subdivision was previously approved by it and if it finds that the map, as presented, is in substantial compliance with the previously approved tentative map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-124. Parcel map approvals based on compliance with tentative maps.

The County Surveyor shall not deny approval of a parcel map for any of the reasons set forth in this chapter if a tentative map for the proposed subdivision was previously approved and if it is found that the map, as presented, is in substantial compliance with the previously approved tentative map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-125. Land projects; approval; limitations.

The Board shall not approve a final map for any land project, as defined in Business and Professions Code § 11000.5, unless:

(a) The County has adopted a specific plan covering the area proposed to be included within the land project.

(b) The County finds that the proposed land project, together with the provisions for its design and improvement is consistent with the specific plan for the area.

This section shall apply to land projects for which tentative maps were approved on or after November 10, 1969.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-126. Sanitary waste considerations.

The Board of Supervisors shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California Regional Water Quality Control Board, pursuant to Division 7 of the Water Code (Water Code § 13000 et seq.). In the event that the Board finds that the proposed waste discharge would result in or add to violation of requirements of the County, it may disapprove the tentative map or maps of the subdivision.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 11, 7-2-79)

Sec. C12-127. Special flood hazard area requirements.

In approving any subdivision located within an area of special flood hazard, as identified in Section C12-821 of this Code, the approving body shall determine that the subdivision complies with the standards set forth in Section C12-843 of this Code.

(Ord. No. NS-1100.51, § 3, 5-14-79; Ord. No. NS-1100.63, § 4, 7-27-82)

Secs. C12-128, C12-129. Reserved.

Part 2.
Dedication

Sec. C12-130. General.

A tentative map condition of approval may require a subdivider to dedicate or irrevocably offer to dedicate real property within the subdivision for streets, alleys, including access rights and abutter's rights, flood control and drainage, public utility easements and other public easements.

(a) All land shown on a final or parcel map intended for any public use shall be offered for dedication for public use, except such land which is intended and approved by County for the exclusive use of property owners in the subdivision. Dedications shall be in the form of easement, unless otherwise agreed to by the subdivider and the County. For land uses with a density of or equivalent to A, R1E, R1 and R2 and A1 residential use zoning districts, the street dedication shall be one-half of the planned right-of-way width not to exceed the amount needed for a curvilinear 30-foot half-street on the frontage of each lot or parcel. For all other land uses, the street dedication shall be one-half of the planned right-of-way width not to exceed the amount needed for a curvilinear 67-foot half street on the frontage of each lot or parcel. If the planned right-of-way width on any parcel exceeds the amount to be dedicated, appropriate additional setback may be required. Exceptions to the above requirements may be made in the following situations:

(1) Where a proposed new half-street is to be maintained by the County, the minimum right-of-way dedication shall be 40 feet.

(2) Where the street is developable on one side only (such as, but not limited to, a road adjacent to a stream, limited access highway or railroad) the dedication shall be in accordance with the right-of-way widths specified in the adopted standards referred to herein not to exceed 60 feet for density through R2 and 70 feet for all other land uses.

(b) Local streets shall have a right-of-way width of 60 feet, except as otherwise provided in this chapter. A cul-de-sac in residential districts may be approved with right-of-way widths of 56 feet. In subdivisions where each lot or parcel created is more than one acre, the right-of-way width may be altered depending upon terrain. Lesser widths may also be approved when sufficient evidence is presented to show that the above requirements are not practical.

(c) The street design and right-of-way widths within and adjacent to every subdivision shall conform to the Circulation Element of the General Plan, adopted official plan lines, proposed plan lines of the County, adopted expressway and freeway routes, city plan lines when not in conflict with the County, and to the provisions of this chapter.

(d) When the subdivision is traversed by or abuts flood-control facilities, as defined in Resolution No. 74-71 and Ordinance 74-1 of the Santa Clara Valley Water District, the subdivider may be required to dedicate in fee or in easement the required land for the flood-control facility to the Santa Clara Valley Water District as provided in document entitled "Policy and Guidelines for Dedication and Reservation of Lands Needed for Flood-Control Purposes," adopted by the district board of directors and the Santa Clara County Board of Supervisors in 1973. When dedications are made in the form of easements, the easement deed shall specify that the land so dedicated shall be used solely for flood-control purposes and shall indicate the general nature of any improvements proposed to be installed. Such indication shall not be a limitation upon the district or to any improvement actually needed for flood-control purposes. Such irrevocable offers may be terminated as provided in this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-131. Bicycle paths, pedestrian paths.

A subdivider may be required to dedicate such additional land as necessary and feasible for bicycle paths and pedestrian paths for the residents of the subdivision.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-132. Access rights; waiver.

Dedication of streets may include a waiver of direct access rights to any such street from any property shown on a final or parcel map as abutting thereon, and if the dedication is accepted, any such waiver shall become effective in accordance with its provisions.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-133. Acceptance, rejection of dedication.

At the time the final map is approved, the Board shall also accept, accept subject to improvements, or reject any offer of dedication. Pursuant to the provisions of Section 66447 of the Subdivision Map Act, dedications or offers of dedications may be made either by certificate on the parcel map or by separate instrument. If dedications or offers of dedication are made by the owner's certificate on the parcel map, the County Surveyor shall be authorized to sign a certificate rejecting all dedications and offers of dedication to the County of Santa Clara. Easements not dedicated or offered for dedication to the County of Santa Clara shall be accepted on behalf of the public for the purpose set forth in the owners certificate. The form of the certificates on the map shall be approved by County Counsel.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-134. Rejection of offer; later acceptance.

If at the time the final map or parcel map is approved, any streets, paths, alleys, or storm drainage or other easements are rejected, the offer of dedication shall remain open, and the Board may, by resolution at any later date, and without further action by the subdivider, rescind its action or an action of the County Surveyor and accept any streets, paths, alleys, or storm drainage or other easements for the purposes for which they were dedicated or offered. Such acceptance shall be recorded in the office of the Recorder. All easements that are dedicated or offered for dedication pursuant to this chapter shall be kept free of encumbrances that impair their intended use. No public agency shall have any liability or responsibility with respect to such easements until such time as the offer of dedication has been accepted by written resolution of the Board of Supervisors.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-135. Waterfront access; acceptance; time limit.

In the case of any subdivision fronting upon any access route or routes from public highways to the bank of the waterway, river or stream and the public easement along a portion of the bank of the waterway, river or stream, the offer of dedication must be accepted within three years after the approval of the final map or parcel map; in the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency including the State, the offer of dedication of public access route or routes from public highways to any water of such lake or reservoir must be accepted within five years after the approval of the final map or parcel map; all other offers of dedication may be accepted at any time.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-136. Termination of offers; abandonment; expiration of time.

Offers of dedication which are covered by this chapter may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by Part 3 of Division 9 of the Streets and Highways Code (Streets and Highways Code § 8300 et seq.), or by Chapter 2 of Division 2, of the Streets and Highways Code (Streets and Highways Code § 940 et seq.), whichever is applicable. Offers of dedication which are not accepted within the time limits specified in this chapter shall be deemed abandoned.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-137. Effect of reversion or resubdivision on offers.

Except as provided in this chapter, if a resubdivision or reversion to acreage of a subdivision is subsequently filed for approval, any dedications or offers of dedication not shown on the map of the resubdivision or reversion to acreage shall be deemed to be terminated upon the approval of the map by the Board in case of a final map, or the County Surveyor in case of a parcel map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-138. Time of acceptance.

Acceptance of offers of dedication on a final map or a parcel map shall not be effective until either the final map is recorded in the office of the Recorder, or a resolution of acceptance by the Board is recorded in such office.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-139--C12-142. Reserved.

Part 3.
Public Access to Public Resources

Sec. C12-143. Public access to public resources.

It is essential to the health and well-being of the public that public access to public natural resources be increased and the Board intends to increase public access to public natural resources. Public access to public resources shall be provided as required by the Subdivision Map Act.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-144--C12-154. Reserved.

Part 4.
Fees

Sec. C12-155. Filing fees.

Every applicant shall, at the time of filing a tentative map, lot line adjustment, reversion to acreage, lot merger, extension of time or certificate of compliance, pay to the County of Santa Clara a fee in an amount established by the Board of Supervisors.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.42, § 3, 1-8-79; Ord. No. NS-300.791, § 6, 4-22-08)

Sec. C12-156. Reserved.

Editor's note--Ord. No. NS-1203.42, § 4, adopted Jan. 8, 1979, specifically amended the Code by repealing § C12-156, which pertained to a public health service fee. Said section had been derived from Ord. No. NS-1203.35, § 4, adopted March 13, 1978.

Sec. C12-157. Construction inspection and plan check fee; partial refunds.

(a) Every subdivider who is required to file an improvement plan with the County Surveyor shall pay a nonrefundable plan check fee in an amount prescribed by resolution of the Board of Supervisors to the County of Santa Clara prior to submitting the plans to the County Surveyor for review.

(b) In situations where no plan is required (such as a single site with only a driveway connection to an access road or a County road) the minimum inspection fee shall be in an amount prescribed by resolution of the Board of Supervisors.

(c) In situations where a private civil engineer is authorized to perform the inspection work (per this chapter), the fee to be paid to the County Surveyor's office shall be 40 percent of the amount of the plan check and inspection fees.

(d) In the following situations the subdivider may request a partial refund of any inspection fee computed and paid after deducting the costs of soils or materials tests, and of inspection work performed by the County.

(1) The subdivision is abandoned prior to recording the map or reverted to acreage after recording the map.

(2) The subdivision is annexed to a city and the city completes the inspection work.

(3) The subdivider within 30 days after construction acceptance by the County submits certified bids and/or other evidence satisfactory to the County Surveyor that the improvement costs were lower than the estimated costs used in computing the fee.

When the above requirements have been satisfied, the County Surveyor shall compute the amount of the refund and return it to the subdivider or his authorized agent.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.42, § 5, 1-8-79)

Sec. C12-158. Final map and parcel map checking fee.

Every person who submits a final map or a parcel map for checking by the County Surveyor shall, prior to submitting said parcel map or final map, pay to the County a nonrefundable fee in an amount prescribed by resolution of the Board of Supervisors. A complete electronic computer printout sheet acceptable to the County Surveyor shall be submitted with the map.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.42, § 6, 1-8-79)

Sec. C12-159. Recording fee.

The fee for filing and indexing maps is prescribed in California Government Code § 27372 and shall be paid by the subdivider.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-160. Plan and map check by private entity; special checking fee.

(a) At the time that the subdivider files a final map or parcel map, or improvement plans with the County Surveyor, the subdivider may request that the County Surveyor estimate the time required to check the map or plans based on the current workload and staffing level. If the subdivider desires faster processing of his or her map or plans, he or she may request that the County Surveyor contract or employ a private entity or persons on a temporary basis to perform the map and plan checking services. However, the County Surveyor need not enter into such a contract or employ such persons if he or she determines either that (1) no such entities or persons are available or qualified to perform such services, or (2) the County Surveyor's office would be able to perform services in a more rapid fashion than would any available and qualified persons or entities. Such entities or persons employed by the County Surveyor may, pursuant to an agreement with the County Surveyor, perform all functions necessary to check final and parcel maps and improvement plans and to comply with other requirements imposed pursuant to this chapter, except those functions reserved by this chapter to the County Surveyor or legislative body.

(b) The subdivider shall pay a special checking fee in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section. The special checking fee is in addition to the standard map and plan check fees established in this part.

(Ord. No. NS-1203.99, § 1, 12-5-89)

Secs. C12-161, C12-162. Reserved.

Part 5.
Soils Report

Sec. C12-163. Preliminary.

A preliminary soils report, prepared by a civil engineer, who is registered in the State of California and based upon adequate test borings and/or excavations, shall be required for every subdivision for which a final map or a parcel map is required by this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-164. Waiver.

The preliminary soils report may be waived if the County Surveyor determines that due to the knowledge he has as to the qualities of the soils of the subdivision no preliminary analysis is necessary.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-165. Further investigation.

(a) If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a more detailed soils investigation of each lot in the subdivision may be required prior to approval of the final map or parcel map.

(b) Such detailed soils investigation shall be done by a civil engineer, specializing in soils and foundation engineering, registered in California, who shall recommend procedures or establish structural design criteria which are likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-166. Corrective action; approval.

The Board of Supervisors may approve the subdivision, or portion thereof, where such soils problems exist if it is determined that the recommended procedures or the use of the recommended structural design criteria are likely to prevent structural damage to each structure to be constructed.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 12, 7-2-79)

Part 6.
Geologic Reports

Sec. C12-167. Generally.

The extent of site investigations and geologic reports shall be in compliance with the Santa Clara County Geologic Ordinance.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Part 7.
Noise Control

Sec. C12-168. Generally.

Noise attenuation measures may be required with respect to existing and projected noise sources and associated noise levels in accordance with noise standards contained in the Santa Clara County Noise Element of the General Plan.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-169, C12-170. Reserved.

Part 8.
Taxes and Assessments

Sec. C12-171. Controller's certification.

(a) Prior to the filing of the final map with the Board of Supervisors, the subdivider shall file with the Clerk of the Board of Supervisors a certificate from the Controller, showing that, according to the records of such office, there are no liens against the subdivision or any part thereof for unpaid state, County, municipal or local taxes or special assessments collected as taxes or special assessments not yet payable.

(b) As to taxes, or special assessments collected as taxes, which are a lien, but not yet payable, the subdivider shall file with the Clerk of the Board of Supervisors a certificate by the Controller giving the estimate of the amount of taxes and assessments which are a lien, but not yet payable.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-172. Security; liens.

(a) Security, taxes, and assessments. Whenever 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 not be recorded until the owner or subdivider executes and files with the Clerk of the Board security conditioned upon the payment of all state, County, municipal and local taxes and current installment of principal and interest of all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable.

(b) Amount of security. If the land being subdivided is a portion of a larger parcel shown on the last preceding tax roll as a unit, the security for payment of taxes need be only for such sum as may be determined by the County to be sufficient to pay the current and delinquent taxes on the land being subdivided, together with all accrued penalties and costs if such taxes have been or are allowed to become delinquent. The County shall also order the creation of new assessor's parcel numbers pursuant to Revenue and Taxation Code § 2823. Separate assessor's parcel numbers shall be given to the portion of the larger parcel which is not within the proposed subdivision and to the parcel or parcels which are within the proposed subdivision.

If the land being subdivided is sold for taxes, it may be redeemed for such sale without the redemption of the remainder of the larger parcel of which it is a part pursuant to the provisions of the Revenue and Taxation Code as if it were held in ownership separate from and other than the ownership of the remainder.

(c) Payment of assessment bonds. Whenever land subject to a special assessment or bond which may be paid in full is divided by the line of a lot or parcel of the subdivision, such assessment or bond shall be paid in full, or security filed with the Clerk of the Board, payable to the County as trustee for the assessment bondholders for the payment of such special assessment or bond. This section shall not apply to bonds issued under the provisions of the Improvement Bond Act of 1915.

(d) Delinquency; remedy. If the taxes or special assessments are allowed to become delinquent, the County shall recover from the security the principal sum of the security without proof of loss. The County shall apply the sum received in payment of any or all of such taxes or special assessments, including penalties and costs, if any, accruing thereto, to the proper state, County, municipal or district officers, for the satisfaction of the tax and special assessment liens and shall pay the balance, if any, over to the surety or depositor.

(e) Delinquency; remedy. If the taxes or special assessments are allowed to become delinquent and the security consists of a deposit of money, negotiable bond or instrument of credit, the Clerk, subject to any rules of the Board with respect thereto, shall apply the proceeds thereof to the payment of such taxes and special assessments, including penalties and costs. Any excess proceeds shall be deposited in the County treasury for the benefit of the persons entitled thereto.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Part 9.
Solar Access for Subdivision Development

Sec. C12-173. Intent.

It is the intent of this part to implement and enforce the requirements of the California Solar Rights Act, that the design of all subdivisions for which a tentative map is required shall demonstrate the use of natural heating and cooling opportunities to the maximum extent feasible and that the dedication of solar easements may be required as a condition of tentative map approval for new parcels in order to protect solar access. It is intended that the provisions of this part shall prevail over any other provisions of this Ordinance Code which may conflict with any of the requirements herein. No tentative subdivision map shall be approved after the effective date of this part unless the provisions of this part are met.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-173.1. Definitions.

The following definitions shall apply to this part:

(a) Solar energy system:

(1) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating, cooling or hot water heating; or

(2) Any structural design feature of the building whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating, cooling or hot water heating.

(b) Solar access: For purposes of this part, "solar access" shall mean any of the following:

(1) The provision of direct sunlight to a south wall and/or south roof of a principal structure from 9:00 a.m. to 3:00 p.m. Pacific Standard Time on December 21 sufficient for the effective use of a solar energy system.

(2) The provision of direct sunlight to a solar energy system from 9:00 a.m. to 3:00 p.m. Pacific Standard Time on December 21.

(3) The provision of direct sunlight to the southernmost end of the buildable portion of a lot from 9:00 a.m. to 3:00 p.m. Pacific Standard Time on December 21.

(c) Solar easement: The right of receiving direct sunlight across the real property of another to protect solar access.

(d) Burdened property: Property for which development restrictions are placed, or proposed, in order to protect solar access to benefited property.

(e) Benefited property: Property for which solar access protection is granted or proposed.

(f) South wall: A southern wall area of a principal structure facing within 45 degrees of due south. In the event wall areas are located 45 degrees from south, the south wall shall be defined as the wall area facing southwest.

(g) South roof: A southernmost roof area of a principal structure facing within 45 degrees of due south. In the event roof areas are located 45 degrees from south, the south roof shall be defined as the roof area facing southwest.

(h) Due south: The direction of the south terrestrial pole.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-173.2. Energy conservation plans.

(a) Subsequent to October 1, 1980, the design of all minor and major land subdivisions as defined by Section C12-5.20 of Santa Clara County Land Development Regulations shall provide, to the maximum extent feasible, for future passive or natural heating and cooling opportunities in the subdivision. An energy conservation plan shall be submitted with the tentative subdivision map. Such plans shall meet the design objectives of Paragraphs (b) and (c) of this section. The development shall be designed to optimize the number of future buildings receiving sunlight sufficient for using solar energy systems. All proposed structures and vegetation shall be sited to provide solar access to a south wall of the greatest possible number of buildings. To the extent the provision of south wall solar access is not feasible on one or more lots, these lots shall be designed to provide solar access to a south roof.

(b) Specific passive or natural heating opportunities to be contained in an energy conservation plan shall include, but are not limited to, design of streets, lot size and configuration to permit a maximum number of buildings to be oriented so that south wall and roof areas may face within 25 degrees of due south. To the extent solar access is not impaired, existing vegetation should be used to moderate prevailing winter winds on the site.

(c) Specific passive or natural cooling opportunities to be contained in an energy conservation plan, to the extent solar access to future buildings is not impaired, include design of lot size and configuration to permit buildings to receive cooling benefits from both prevailing summer breezes and existing shading vegetation.

(d) For the purposes of this part, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. Such factors include, but are not limited to, contour, orientation, grading, slope stability, tree preservation and access to existing streets. It is the intent of this section that the provision of natural heating and cooling opportunities in subdivision design be included with all other design considerations and be pursued whenever the benefits in terms of energy conservation and the potential for solar energy development are greater than the associated negative impacts. It is not intended that the requirements of this section result in reducing densities, reducing the percentage of a buildable lot area that may be occupied by a structure thereby precluding construction under the applicable zoning in force at the time the tentative map is filed, or cause the unnecessary destruction of existing trees.

(e) In cases where a proposed building configuration has been developed at the tentative map stage, energy conservation plans shall include a sketch of the approximate shading pattern cast by all remaining and proposed vegetation exceeding, or capable of exceeding, ten feet in height and all structures on December 21 from 9:00 a.m. to 3:00 p.m. Pacific Standard Time. This requirement shall apply to structures and proposed or existing vegetation located within 150 feet and within 45 degrees of due south from any proposed south wall or south roof area. In addition, in order to determine the potential for natural heating and cooling opportunities on the site, energy conservation plans shall indicate the approximate location and type of all trees, or groups of trees, exceeding, or capable of exceeding, ten feet in height that are located within 100 feet of a proposed structure.

(f) In cases where a building configuration has not been developed at the tentative map stage, the energy conservation plan shall indicate the extent to which future construction could receive solar access by indicating the approximate location and type of all trees, or groups of trees, exceeding, or capable of exceeding, ten feet in height that are located within the buildable portions of proposed lots or are within 150 feet and within 45 degrees of due south from the southernmost end of the buildable portion of proposed lots. Prior to the effective date of this part, the planning staff shall develop and the Planning Commission shall adopt specific guidelines for preparing energy conservation plans and determining shading patterns.

(g) Exemptions may be granted by the advisory agency from the design objectives of Paragraph (a), (b) or (c) of this section upon a finding that either:

(1) Compliance will result in reducing densities below what would normally be allowed by the advisory agency at the time the tentative map is filed without the provisions of this section.

(2) Compliance is not feasible as defined in Paragraph (d) of this section.

(h) All applicants requesting an exemption pursuant to this section shall submit a written statement and sufficient supporting documentation with the energy conservation plan describing the basis for the claim. In submitting sufficient supporting documentation pursuant to this section, it is not the intent to require the initial submission of an alternative tentative subdivision map. Subsequent requests for alternative maps may be made as part of the approval process.

(i) The planning staff shall review any requested exemption and include recommendations as part of the staff report transmitted to the approving agency.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-173.3. Solar access easements--General requirement.

(a) In proposed subdivisions where a building configuration has been developed at the tentative map stage, solar access easements created pursuant to this part shall be designed, to the extent feasible, to protect solar access to proposed south roof and south wall areas and any proposed site for a solar energy system. In proposed subdivisions where a building configuration has not been developed at the tentative map stage, solar access easements shall be designed, to the extent feasible, to protect solar access to the southernmost boundary of the buildable portion of a lot. In establishing the dimensions of a solar access easement, consideration shall be given to contour, configuration of the parcel to be divided, existing vegetation and the use of adjacent parcels.

(b) In cases where a building configuration is specified on the tentative map and upon finding that neither lot size, lot configuration or applicable zoning is sufficient to reasonably protect solar access to a proposed south wall, south roof or any proposed location for a solar energy system, the advisory agency may require the preparation and dedication of solar access easements as a condition of tentative subdivision map approval for any subdivision application containing one or more proposed lots under one acre.

(c) In cases where a building configuration is not specified at the tentative map state and upon finding that neither lot size, lot configuration or applicable zoning is sufficient to reasonably protect solar access to the southernmost boundary of the buildable portion of the lot, the advisory agency may require the preparation and dedication of solar access easements as a condition of tentative subdivision map approval for any subdivision application containing one or more proposed lots under one acre.

(d) Solar access easements shall not be required in cases where the lot that would be benefited is equal to or greater than one acre or where solar access is not available due to either existing vegetation, topography or surrounding development, or where other deed restrictions are sufficient to protect solar access. The establishment of a solar access easement is not intended to result in reducing development densities or reducing the percentage of a lot which may be occupied by a structure, or cause the unnecessary destruction of existing trees. The requirements of this section are not applicable to condominium projects which consist of the subdivision of airspace in an existing building where no new structures are proposed.

(e) Prior to the effective date of this part, the planning staff shall develop and the advisory agency shall adopt guidelines for preparing solar access easements, including a model solar easement form for general use.

(f) Solar access easements required pursuant to this part shall be recorded with the final subdivision map with the County Recorder.

(g) The provisions of this section shall be effective on October 1, 1980.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-173.31. Same--Contents.

All solar access easements required pursuant to this part shall provide for the following:

(a) A description of the solar access easement in terms of specific area(s) on benefited property to which solar access is to be protected and a statement specifying that no structure, vegetation or land use shall cast a shadow so as to impede the passage of direct sunlight to more than ten percent of a protected area on a benefited property between 9:00 a.m. and 3:00 p.m. on December 21 or on any other date approved by the advisory agency. For purposes of this section, the easement shall protect and it shall be sufficient to describe only those specific areas on benefited property that would limit the height of structures and vegetation to under 50 feet on the burdened property in order to protect solar access.

(b) The burdens and benefits of the solar access easement as being transferable and running with the land to subsequent grantees.

(c) The solar access easement may be revised or terminated pursuant to Paragraph (e) of this section or by a modification in writing that is signed by all benefited and burdened property owners and recorded with the County Recorder. Said right of modification in writing shall not apply to the initial grantor of the easement.

(d) A diagram of the burdened property indicating in a manner easily understood by nontechnical persons the approximate height restrictions up to and including 50 feet on the property necessary to protect solar access to specific areas on benefited property.

(e) (1) Because a solar access easement is not intended to unnecessarily burden properties, a statement shall be included specifying that subsequent to the development of a benefited property, restrictions on structures, vegetation and land uses due to a recorded solar access easement on a burdened property not required to protect solar access to a south wall or south roof or the site of a solar energy system shall be void and unenforceable provided a revised solar access easement signed by all affected benefited and burdened parties and a revised diagram pursuant to this section have been recorded with the County Recorder. The easement shall also contain a statement that upon refusal of an affected party to sign the modified solar access easement any other affected party may bring an action in court to determine what modification if any should be made to the easement and that costs of suit may be awarded to the prevailing party. This provision (e)(1) is not intended to and shall not increase the area burdened by any solar access easement on any property.

(2) In cases where applicable, zoning in force at the time the solar access easement is recorded would allow the construction of only one principal structure on the benefited property, the provisions of (e)(1) shall apply subsequent to final approval of the building permit for the principal structure or any detached solar energy system constructed on the benefited property at the same time as the principal structure.

(3) In cases where applicable zoning in force at the time the solar access easement is recorded would allow the construction of more than one principal structure on the benefited property, the provisions of (e)(1) shall apply subsequent to approval of a complete development plan for the benefited property that indicates the future location of all principal structures and the site of any detached solar energy system.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-173.4. Appeal procedure.

Any person dissatisfied with a decision of the advisory agency pursuant to this part may appeal to the Board of Supervisors within 15 days of said decision.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-173.5. Severability.

If any portion of this part is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this part.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-174. Reserved.

ARTICLE 5.
IMPROVEMENTS

Part 1.
General

Sec. C12-175. Criteria.

The subdivider shall improve all public and private streets and easements which serve the subdivision and local neighborhood traffic. The criteria for the design of the improvements shall be in accordance with adopted County standards as set forth in the booklet entitled "Standard Detail Manual, County of Santa Clara, Transportation Agency," on file with the Clerk of the Board, and subject to amendment from time to time. Said booklet is incorporated herein by this reference as though fully set forth. Stage development of streets and easements may be approved where appropriate.

(Ord. No. NS-1203.35, § 4, 3-63-78)

Secs. C12-176, C12-177. Reserved.

Part 2.
Improvement Requirements

Sec. C12-178. Four or less parcels.

Improvement requirements for subdivisions of four or less parcels shall be limited to the construction of reasonable off-site and on-site improvements for the parcels being created, in accordance with current County standards, including any standards for stage improvements and for private access roads as conditions of approval of the tentative map. Requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of the parcel map being filed for record. Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the County or until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the County, except that in the absence of such an agreement, the County may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the County that fulfillment of the construction requirements is necessary for reasons of the public health and safety, or that the required construction is a necessary prerequisite to the orderly development of the surrounding area.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-179. Five or more parcels.

Improvement requirements for subdivisions of five or more parcels shall be designed in accordance with the current County standards and in compliance with the conditions of the tentative map. If at the time of approval of the final map by the Board of Supervisors, any public improvement required by the County pursuant to this chapter has not been completed and accepted, the Board, as a condition precedent to the approval of the final map, shall require the subdivider to enter into an agreement with the County to thereafter complete such improvements at the subdivider's expense. The agreement shall be secured by good and sufficient improvement security as provided in this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-180--C12-182. Reserved.

Part 3.
Improvement Plans--Street and Drainage

Sec. C12-183. General.

Prior to commencing improvements, the subdivider shall submit to the County Surveyor an improvement plan prepared by a civil engineer, who is registered in the State of California, for street and drainage work together with inspection fees and insurance as may be specified in the land development agreement, protecting the County of Santa Clara and its officers and employees from liability. The street improvement plan shall show the approximate size, location and depth of all existing and proposed storm sewers, and all required outfalls to Santa Clara Valley Water District channels, and sanitary sewers; existing water lines, fire hydrants, gas lines, electroliers, poles, electrical, television and telephone distribution facilities, trees and other fixed objects within the right-of-way affecting construction of street improvements. Landscaping, erosion control plantings or devices and watering facilities within the right-of-way shall also be shown on the improvement plans. The quality of the drawings shall be suitable for microfilming, readable, high contrast full-scale microfilm prints. The County Surveyor shall review the improvement plans to determine if they meet the requirements of the approved tentative map, County standards and this chapter. Upon approval of the improvement plans by the County Surveyor, work may commence on the improvements.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-184. Same--Design requirements.

Street and drainage improvements shall be designed in accordance with the referenced standards and the conditions of approval of the tentative map. In addition, unless otherwise modified by the County Surveyor, the following shall apply:

(a) Street extensions. Streets needed to provide traffic circulation or to serve adjoining property shall be extended to the subdivision boundary. If the street does not connect to an existing street, the final one foot shall be granted in fee to the County. It is the purpose of the one-foot fee strip to prohibit ingress or egress across it to the adjoining property until such time as an extension of the road on which the reservation is placed is dedicated to public use and said dedication is recorded. After extension of the street pursuant to County approval, the one-foot fee dedication shall be null and void.

(b) Center lines. All streets shall, as far as practicable, be in alignment with existing adjacent streets. If the center line of two streets, intercepting the same street from opposite directions, are off-set from each other, said off-set shall be a minimum distance of 200 feet measured along the center line of the street intercepted.

(c) Intersecting angles and return radii. Streets shall intersect at an angle as near to a right angle as is practicable in each specific case, unless otherwise necessitated by topographic conditions. The right-of-way line radii of returns at corners may vary with the widths of roadways, intersection design and the type of land use. The minimum return radius shall be 20 feet. Streets intersecting at angle other than 90 degrees may require special design features to assure desirable visibility and safety.

(d) Dead-end street turning area. Wherever a permanent dead-end street or a temporary dead-end street is permitted, an adequate turning area will be required.

(e) Loops, courts and secondary means of access. Whenever the size or location of a parcel of land does not permit a lot layout directly related to a normal street arrangement, a court or nonconnecting street may be used; provided, however, all lots or parcels which are more than 800 roadway feet from an existing or County approved future through road intersection shall be served by a loop street, if possible. The advisory agency may require a safe and adequate secondary means of access. Any requirements imposed under this section shall not be an unreasonable burden or hardship to the subdivider.

(f) Grades and curves. All streets shall have at least a 0.5 percent grade. Grades shall not exceed six percent on highways, 12 percent on local traffic streets, 15 percent on any street, or 20 percent if no other method is practicable and if consistent with good engineering practices. Streets or portions thereof with 20 percent grade shall be not more than 300 feet in length.

Center line radii shall be not less than 500 feet on highways, except in mountainous areas, where the radius may be reduced to not less than 200 feet, and on all other streets, the center line radii shall be not less than 75 feet. Lesser or greater grades and radii may be used in cases in which sufficient evidence is presented to show that the above requirements are not practicable.

(g) Street vertical clearance. Streets and easements serving new subdivisions shall have a minimum vertical clearance of 15 feet over the surface of the roadway.

(h) Street lighting. The subdivider may be required to provide street lighting in accordance with adopted County standards, including the current Standard Details Manual. Before approval of a final map or parcel map, the owners of a subdivision for which street lights are to be installed shall petition the Board of Supervisors to commence proceedings to annex the subdivision to the County lighting service area.

(i) Street signs. The subdivider shall equip all street intersections with signposts, street name signs, dead-end signs and similar safety devices which shall conform to the standards and specifications established by the County of Santa Clara.

(j) Street landscaping and erosion control. Street trees, erosion control plantings and watering facilities in the subdivision or within rights-of-way shown on the subdivision map may be required by the advisory agency as a condition of approval of the tentative map. Such plantings and facilities shall be shown on the street improvement plans. The work shall be included in the performance and labor and materialmen's bonds for street improvements. The subdivider may delay tree and erosion control planting and watering facilities, in which case he may be required to file a separate bond.

(k) Drainage design and improvement. The subdivision, including its lot design, proposed structures and improvements, shall conform to good drainage practice to reduce flooding and economic loss due to storm water within and outside the boundaries of the subdivision.

The subdivider shall install drainage improvements in accordance with adopted standards and storm drainage master plans, copies of which are on file for use and examination by the public in the office of the Clerk of the Board of Supervisors. Complete drainage facilities shall be shown on either the street improvement plan or the lot grading plans. When it is necessary that storm sewers, drains or other facilities be constructed which can be or will be used for the benefit of property not in the subdivision, and such sewers, drains or other facilities are dedicated to the public, the subdivider and the County may enter into a contract which provides the subdivider reimbursement for such additional construction.

If deferment of construction of drainage improvements is recommended by the County Surveyor, the subdivider may be required to enter into a contract with the County covering the future obligations of subdivider with respect to drainage improvements. If the subdivision will be served by an existing storm sewer, the subdivider may be required to pay the subdivision's pro rata share of the cost of said drainage facility.

(l) Bridges and culverts. Bridges and culverts shall be designed for American Association of State Highway Officials loading designation H20-44, except that a lesser standard may be approved upon sufficient evidence being shown that no undue traffic hazard is created. Permits for construction of bridges and culverts are required from the Santa Clara Valley Water District.

(m) Flood-control facilities. When the subdivision is traversed by or abuts flood-control facilities as defined in Resolution No. 74-71 and Ordinance 74-1 of the Santa Clara Valley Water District, the subdivider may be required to install improvements for the preservation of property in the subdivision and for the safety and welfare of the residents of the subdivision and the general public.

(n) Underground utilities. Telephone, television (if any) and electrical distribution facilities to serve the subdivision shall be installed underground unless the advisory agency finds such installation to be inappropriate and impractical on the basis of information furnished by the subdivider at the time of approval of the tentative map. The subdivider shall make all necessary arrangements with the servicing utility companies and coordinate with said companies in the preparation of street improvement plans. The installation work shall comply with applicable rules, regulations, standards and specifications of the County, Public Utilities Commission and the servicing utility companies. Said companies shall be responsible for design, construction, inspection, conformance with applicable County standards and requirements, and for the future maintenance of the installed facilities within the public right-of-way or easement. The general location of existing utilities shall be shown on the street improvement plans.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Part 4.
Fire Protection

Sec. C12-185. Generally.

(a) Fire protection facilities and water supply for fire protection for a subdivision shall be provided in conformance with Division B7 of the Santa Clara County Ordinance Code.

(b) Division B7 (Section 23.301(c), Uniform Fire Code) defines an adequate water supply as being in compliance with the Insurance Services Office publication, "Guide for Determination of Required Fire Flow." In addition, subdivision water supplies shall meet minimum requirements as established in the Insurance Services Office publication, "Grading Schedule for Municipal Fire Protection." When an approved water supply system for fire protection is available or can be provided, the extension or installation of the system and any additions thereto which are necessary for the proposed development shall be provided. Where water supplies for fire protection are not available, or it is not practicable to provide a system, the following shall be provided:

(1) A deferred improvement agreement for a future water system which would be equal to the requirements of the Insurance Services Office.

(2) Interim water supplies for fire protection equal to 200 gallons per minute for 20 minutes for each dwelling unit.

A minimum acceptable water supply for rural residential development is an approved storage facility installed and maintained to provide the required fire flow.

(c) When fire hydrants, gated connections and appurtenances are required and not shown on the improvement plans to be installed by the subdivider, fees sufficient to install and maintain such hydrants, gated connections and appurtenances shall be paid to the County, as determined by the local agency providing fire protection.

(d) The Board of Supervisors may require the owners of a subdivision to petition to have the subdivision annexed to a fire protection agency or district.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 13, 7-2-79)

Secs. C12-186--C12-189. Reserved.

Part 5.
Sewage Disposal

Sec. C12-190. General.

Every lot in a subdivision shall be provided with sanitary sewers connected to a sewage treatment and/or disposal facility approved by the appropriate regional water pollution control board and the County Health Officer. Where sanitary sewers are not available to the subdivision, individual sewage disposal facilities may be utilized if the Health Officer determines that every lot is of such area, conformation, topography and soil, to permit the construction of safe and adequate individual sewage disposal facilities according to Chapter II, Division B11 of the Santa Clara County Ordinance Code. The County Health Officer shall specify the method of sewage disposal to be used in a subdivision.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-191. Septic tank percolation tests.

Where septic tank systems are proposed as the method of sewage disposal, the County Health Officer may require the subdivider to make test holes, percolation tests and other soil exploratory tests as he deems necessary in order to calculate the soil permeability. Calculations shall include values for holes which fail to percolate, and such holes shall be given a value of 480 minutes per inch. Where the calculated average stabilized percolation rate is greater than 120 minutes per inch, the subdivision shall not be approved, unless connected to a sanitary sewer. No septic systems shall be placed in areas where groundwater is less than ten feet.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-192--C12-194. Reserved.

Part 6.
Domestic Water System

Sec. C12-195. General.

Every lot in a subdivision shall be supplied with water for domestic purposes from a source and/or system which meets applicable state laws and Chapter VI of Division B11. Drilling of any new well or exploratory hole, and abandonment of any old well, must be done under a permit issued by the Santa Clara Valley Water District, in accordance with District Ordinance 75-6.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-196. Use of existing domestic water system; availability.

When the water supply is to be from an existing approved domestic water system not under the ownership or control of the subdivider, the subdivider shall furnish evidence of agreements showing availability of the public water systems to serve the subdivision.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-197. Use of individual wells; abandoned wells.

When a subdivider proposes that each lot in the subdivision will be supplied water by means of wells, each well shall be developed by the subdivider according to the requirements of Chapter VI of Division B11 and the Santa Clara Valley Water District. Abandonment of wells shall be done only with a permit from the Santa Clara Valley Water District as provided in District Ordinance 75-6.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-198. Water system and improvement plan.

(a) Any water system serving a subdivision shall be designed and constructed for both domestic water, in accordance with the requirements of Chapter VI of Division B11, and fire protection requirements in accordance with the provisions of this chapter.

(b) If the water system for the subdivision is not a existing public domestic water system operating under a valid permit, the subdivider shall furnish a detailed report, prepared by a registered civil engineer, which will confirm that the water system and fire protection facilities will comply with all the requirements of Chapter VI, Division B11, and this chapter. This report shall be prepared and approved prior to commencing any new water system improvements required by the Board of Supervisors and prior to recording the final map or parcel map. The water system and any fire protection facilities required by the Board of Supervisors shall be shown on the street improvement plans or on separate plans. The County Surveyor, the County Health Officer and the agency providing fire protection to the subdivision shall review the improvement plans and any report pertaining to water supply and fire protection facilities to determine if they conform to County standards and the requirements of the Board of Supervisors.

(c) The subdivider shall enter into an agreement with the Board of Supervisors requiring the work be completed prior to the occupancy of any homes to be constructed within the subdivision, but not more than one year after the filing of the final map or parcel map or such greater period of time as may be specified in the agreement. The agreement shall provide for inspection services. It may provide for the improvements to be installed in units, or for the extension of time under specified conditions. The agreement shall be secured by a good and sufficient improvement security. Construction inspection and plan check fees shall be a specified in this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 14, 7-2-79)

Sec. C12-199. Capacity of system; design.

(a) All facilities of the water system shall be designed and constructed to withstand, with ample safety factors, the physical stresses to which they will be subjected and shall be free from structural or sanitary hazards. All equipment shall be of adequate size and capacity and be correlated with available supply from storage to meet the requirements of this section. Whenever feasible, the individual water source units shall be of such capacity that an outage of any single unit during a period of peak demand will not result in reduction of supply in the distribution system below the requirements of this section.

(b) The quantity of water delivered to the distribution system from all sources' facilities must be sufficient to supply adequately, dependably and safely the total water requirements of all consumers under maximum consumption.

(1) One hundred to 200 service connections. The combined capacities of all source facilities at periods of maximum demand shall support a rate of flow to the distribution system for two hours or not less than

Q = 100 + F

where "Q" equals the rate of flow in gallons per minute delivered from the combined source facilities to the distribution system, and "F" is a factor equaling 25, and "N" equals the total number of customer units where each unit is equivalent to one for a single family dwelling. Other types of development shall be assigned appropriate customer unit values as experience within the distribution system or locality indicates.

EXAMPLE:
Rate of Flow (gallons per minute)Two-Hour Production (gallons)
100 connections Q = 100 + 25 = 35042,000
200 connections Q = 100 + 25 = 45054,000

(2) Under 100 service connections. The source shall provide 1,000 gallons per day per service connection.

Distribution storage shall be provided at the rate of 500 gallons per service connection for the first 20 service connections and, in addition, 250 gallons per service connection for each service connection in excess of 20.

Distribution piping shall be able to handle a flow during the peak hour equivalent to 20 percent of the total daily design consumption. The minimum storage and distribution requirements for culinary purposes (not including fire protection) shall be as shown in the following table:
Service ConnectionsStorage (gallons) RequiredFlow at Peak Hour--20% of Daily Total (gpm)Minimum Pipe Size (inches)
5 2,500 92
10 5,000 172
15 7,500 262
2010,000 342
2511,250 432
3012,500 512 1/2
3513,700 602 1/2
4015,000 682 1/2
4516,250 773
5017,500 853
6020,0001023
7022,5001193
8025,0001364
9027,5001534
1704

For the purpose of these minimum requirements, the source shall be considered as made up of the source facilities, the transportation facilities and all appurtenances thereto. The capacities set forth above shall be increased as necessary to provide the capability for fire protection, meeting adopted County standards.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-200. Water transportation facilities; pumping equipment.

(a) Transportation facilities consist of the equipment and appurtenances which provide the means of delivering water to the distribution system from the source facilities. Reservoirs and tanks from which the water is delivered directly into the mains of the distribution system where not adequately protected against pollution or completely covered shall have facilities for the installation of equipment to disinfect water.

(b) Pumping equipment delivering water to the distribution system shall, in conjunction with the storage facilities, be so designed as to meet the requirements of this section. Each pumping unit shall be driven by a separate power unit of adequate size. Construction shall be such as to prevent sanitary hazard or structural defects whether the pumping unit is handling raw or treated water. All piping in the source facilities shall be of adequate size to carry the required quantities of water with reasonable velocities. No pipe conveying contaminated water prior to treatment shall be connected to pipe carrying potable water. Master meters or other suitable measuring devices shall be provided to register accurately the quantity of water delivered to the distribution system. Housing for all equipment appurtenances, and other facilities, shall provide adequate ventilation and protection against unauthorized entry. Ample space for the performance of all operating, maintenance and repair functions shall be provided.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-201. Distribution system; pipe and valves.

(a) The distribution system shall be of adequate size and so designed in conjunction with related facilities to maintain a minimum pressure of 20 pounds per square inch at every point during periods of maximum normal demand. The maximum length of run of each size of pipe shall in no case be greater than the following:

In unreinforced runs serving culinary water purposes only (dead-ends) none smaller than two-inch in diameter; two-inch and three-inch in diameter--300 feet; four-inch in diameter--1,300 feet; six-inch in diameter--2,600 feet.

In reinforced runs (connections at both ends of runs) none smaller than two-inch; two-inch and three-inch in diameter--600 feet.

Dead-end runs shall be provided with means of flushing to prevent deterioration of water quality. Completion of a grid system is required wherever feasible.

Materials used in the distribution system shall be able to withstand with ample safety factors, all internal and external forces to which they may be subjected.

(b) The type, minimum class or gauge and standards for pipe and valves used in the distribution system shall be as set forth in this section.

Cast-iron pipe, two-inch, Class 250, shall conform to the applicable requirements of Federal Specification WW-P-421.

Cast-iron pipe, three-inch up to and including 12-inch, Class 150, shall conform to the applicable requirements of Federal Specifications WW-P-241, or American Standards Association A-21. Copper pipe, two-inch and three-inch, shall conform to Standard Specifications for Copper Water Tubing of the American Society for Testing Materials, Designation B 88-46.

Steel pipe, two-inch and three-inch, shall conform to the applicable American Society for Testing Materials Standards Specifications and Steel Pipe.

Asbestos cement water pipe, Class 150, commercial designation, to and including 12-inch.

Steel pipe, four-inch, six-inch, eight-inch 12 gauge, ten-inch and 12-inch 10 gauge, shall conform to the applicable requirements of American Water Works Association Tentative revision of Standard Specifications for Steel Water Pipe of sizes up to but not including 30-inch, No. 7A. 4-1941-TR.

All steel pipe at the time of installation shall be adequately protected inside and out against corrosion. Pipe that has been used for any purpose other than for transporting potable water shall not be used without previous effective decontamination.

Gate valves shall conform to the American Water Works Association Standard Specifications for Gate Valves for Ordinary Water Works Services.

Service pipe and fittings shall be designed for cold water working (non-surge) pressures of not less than 150 pounds per square inch. Pipe from the distribution line to the customer connection shall be of cast iron, copper or galvanized steel, or equivalent as approved by the County Surveyor.

All materials to be installed shall be new or approved by the subdivider's engineer as having a life expectancy substantially equal to new materials.

Lesser or higher requirements may be imposed by the County Surveyor when the water system improvements are within an existing or proposed service area of a city or public utility that may incorporate the facilities into its water system at a future date. Such requirements shall be in accordance with the standards of the city or utility.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Part 7.
Grading Plans

Sec. C12-202. General.

If site grading, affecting two or more adjacent parcels, is proposed by the subdivider or required by the advisory agency, the subdivider shall comply with the plan approval requirements of the County Grading Ordinance prior to the filing of the final map or parcel map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-203--C12-205. Reserved.

Part 8.
Improvement Agreement and Securities

Sec. C12-206. Agreement.

The subdivider shall, concurrent with the acceptance of the final map, or parcel map where applicable, or prior to the start of construction, whichever is earlier, enter into an agreement with the County to complete required improvements within a specified time. In the case of a subdivision for which a final map is required, the agreement shall be executed by the subdivider and the Board of Supervisors. In the case of a subdivision for which a parcel map is required, the agreement shall be executed by the subdivider and the County Surveyor. Standard agreement forms are available from the County Surveyor.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-207. Improvement security.

Security to assure satisfactory completion of the improvements shall be in one of the following forms:

(a) Bond by one or more duly authorized corporate sureties,

(b) Cash or certificate of deposit with a financial institution, or

(c) An instrument of credit from one or more financial institutions, subject to state or federal regulation, pledging that the funds necessary to carry out the terms of the agreement are on deposit and guaranteed for payment.

(d) A lien upon the property to be divided, created by contract between the County and the owner, if the Board of Supervisors determines that it would not be in the public interest to require the installation of required improvements sooner than two years after recordation of the map.

(e) Deeds of trust on any real property, including the property to be divided, which are not subject to prior security interests.

In accordance with the Subdivision Map Act, the names and purposes of the securities are as follows:

(1) Performance bond. An amount equal to 100 percent of the total estimated cost of the improvements as determined by the County Surveyor conditioned upon the faithful performance of the work for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

(2) Labor and materialmen's bond. An amount equal to 100 percent of the total estimated cost of the improvement as determined by the County Surveyor to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvements.

(3) Monument bond. An amount of 100 percent of the cost of setting all monuments shown on the final map or parcel map to guarantee the setting of said monuments and the payment to the engineer or Surveyor, as provided by the Subdivision Map Act.

The security furnished by the subdivider may be released in whole or in part in the following manner:

(1) Performance bond. Security may be released by the County Surveyor upon the completion and acceptance of the work, in whole or in part; except that no reduction shall be less than 25 percent of the total security amount, nor shall the aggregate of all deductions exceed 75 percent of the original security amount. An amount determined by the County Surveyor may be required to remain in effect for a minimum of one year following the completion and acceptance of the work for the guarantee and warranty of the work against any defective work or labor done or defective materials furnished.

(2) Labor and materialmen's bond. Security for the payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them may, six months after the performance of the act or the completion and acceptance of the work, be reduced to a amount not less than the total of all claims on which a action has been filed and notice thereof given in writing to the Board of Supervisors, and if no such actions have been filed, the security may be released in full by the County Surveyor.

(3) Cash bonds. In the event a cash or other similar nonsurety company-type bond is deposited in the amount of 100 percent of the estimated cost of the improvements, it shall be deemed to satisfy County requirements with respect to both performance and labor and materialmen's bonds. Such bonds may be released incrementally as provided herein, not to exceed 50 percent of the original bond amount The remainder may be released after completion and acceptance of all work and the requirements with respect to the California Mechanics Lien laws, with the exception of a amount that may be retained for one year as the warranty bond.

(4) Monument bond. Security may be released after written receipt by the engineer or Surveyor that the final monuments have been set and evidence is submitted that the engineer or surveyor has been paid.

(5) Trust deeds or contract liens. Security may be released by the County Surveyor upon the completion and acceptance of the work, provided that security in a amount sufficient to secure payment to the contractor, his subcontractors, and to persons furnishing labor, materials or equipment to them shall be retained for a period of six months after completion and acceptance.

(Ord. No. NS-1203.58, § 1, 11-30-81)

Secs. C12-208--C12-210. Reserved.

Part 9.
Construction Requirements and Procedures

Sec. C12-211. Construction inspection.

Upon issuance of a permit, the County shall assume full jurisdiction over the inspection of construction improvements after the subdivider's engineer has set alignment and grade stakes in accordance with accepted engineering practices. Upon satisfactory completion of the improvements, the County Surveyor shall release the performance bond according to this chapter, except where the bond is held by the Board of Supervisors. In that event, the County Surveyor shall report to the Board with recommendations regarding construction acceptance and release of the bonds.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-212. Authorization of private civil engineer to inspect the work.

(a) Upon request, the County Surveyor may authorize a private registered civil engineer to perform the inspection work, and certify compliance with the approved plans and render required reports. The subdivider shall make his own contractual arrangements for such engineering services and be fully responsible for payment of all costs. Upon authorization by the County Surveyor, the inspection fee set forth shall be reduced.

(b) The subdivider shall "OK" the work to be done in accordance with the approved plans and any instructions or recommendations by the private engineer. If during the course of construction, the engineer finds that the work is not being done substantially in accordance with the approved plans and specifications, he shall immediately notify the person in charge of the work and the County Surveyor of the nonconformity, including corrective measures. When changes in the plans are required, the engineer shall prepare such proposed changes and submit for approval to the County Surveyor.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-213. Periodic progress reports.

Periodic progress reports shall be rendered by the private civil engineer as required by the County Surveyor, including, but not be limited to, laboratory tests, slope stability, placement of base and fill materials, retaining walk, subdrains, drainage, utilities and any special permit or plan requirements. Upon completion of the work the engineer shall submit to the County Surveyor an "as-built" plan, a final report and certification of completion of the work in accordance with approved plans and permit conditions.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-214. Modification of approved plans.

Approval of plans by the County Surveyor shall not relieve the subdivider of the necessity to comply with adopted County standards and regulations, or those of other agencies for whom the work is performed. In the event the improvements are not properly designed for field conditions, or significantly violate County requirements, the County Surveyor may order modification of the approved plans.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-215. Suspension of work.

If during the course of construction, the County Surveyor finds that the work is not being done in accordance with the approved plans, specifications, or permit conditions, or if the work has encountered problems requiring a modification of the plans, the work may be stopped. No further construction shall be performed until the corrective measures or plan changes have been approved.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-216. Encroachment permits.

If any portion of the work is within a County maintained road, state highway, city street, or easement, the subdivider shall obtain an encroachment permit from such agency prior to the approval of improvement plans. He shall be fully responsible for all costs and compliance with all permit conditions.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-217--C12-220. Reserved.

ARTICLE 6.
REVERSIONS AND EXCLUSIONS

Part 1.
Reversion to Acreage

Sec. C12-221. Subdivided real property; provisions; final map.

(a) Subdivided real property may be reverted to acreage pursuant to the provisions of this part. Proceedings for reversion to acreage may be initiated by the Board on its own motion or by petition of all of the owners of record of the real property within the subdivision.

(b) The petition shall be in a form prescribed by the County and shall contain the following:

(1) Adequate evidence of title to the real property within the subdivision.

(2) Sufficient data to enable the Board to make all of the determinations and findings required by this article.

(3) A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion.

(4) Such other pertinent information as may be required by the County.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-222. Subdivided real property; Board findings.

Subdivided real property may be reverted to acreage only if the Board finds that:

(a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

(b) Either:

(1) All owners of an interest in the real property within the subdivision have consented to reversion; or

(2) None of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or

(3) No lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-223. Conditions by the Board.

As conditions of reversion, the Board shall require:

(a) Dedications or offers of dedication necessary for the purposes specified by this chapter following reversion.

(b) Retention of all previously paid fees if necessary to accomplish the purposes of this chapter.

(c) Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-224. Effective time; effect of dedications.

Reversion shall be effective upon the final map being filed for record by the County Recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-225. Effect on fees, deposits and security.

When a reversion is effective, all fees and deposits shall be returned and all improvement security released, except those retained pursuant to this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-226. Tax bond not required.

A tax bond shall not be required in reversion proceedings.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-227. Parcel map; when allowed.

A parcel map may be filed under the provisions of this article for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map. After approval of the reversion by the Board of Supervisors, the map shall be delivered to the County Recorder. The filing of the map shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map. The filing of the map shall also constitute a merger of the separate parcels into one parcel for purposes of this article, and shall thereafter be shown as such on the assessment roll subject to the provisions of this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.46, § 2, 8-13-79)

Sec. C12-228. Merged and resubdivided land without reverting to acreage.

Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements of the subdivision of land as provided by this chapter. The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this chapter, pertaining to the property, shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. Any streets or easements to be left in effect after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the Board of Supervisors, the map shall be delivered to the County Recorder. The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 15, 7-2-79)

Sec. C12-229. Voluntary merger of contiguous parcels.

(a) Intent. It is the intent of this section to provide a simplified procedure for owner-initiated merger of contiguous parcels in common ownership. The procedure set forth in this section shall not apply when an entire subdivision is being reverted to acreage. This procedure cannot modify or eliminate improvements required as a condition of a subdivision approval. Any voluntary merger that does not satisfy all the requirements of this section can be processed by a reversion to acreage or other appropriate procedure as determined by the Land Development Coordinator.

(b) Requirements. The requirements of a voluntary merger pursuant to this section shall be limited to the following:

(1) The parcels to be merged shall be existing legal lots that are contiguous to one another and are under common ownership.

(2) Except as hereinafter provided, a parcel map shall be required and shall be recorded on approval of the merger. The Land Development Coordinator, or his/her designee, in his/her sole discretion, shall have the authority to allow the recording of a "Certificate of Lot Merger," in a form acceptable to him/her, in lieu of a parcel map.

(3) No building permit shall be issued for any addition to, rebuild or repair of any building or structure that crosses a property line until a lot merger (or lot line adjustment, if applicable) has been completed. Projects limited to interior remodel, electrical, plumbing or mechanical, or combinations thereof, shall be exempt from this requirement. In addition, required ancillary improvements (new or existing) serving the building or structure, including septic systems and required parking facilities, must be entirely on the same lot as the dwelling for such building permit to be issued.

(c) Procedure. The applicant shall submit to the Planning Office a completed application form prescribed by the Land Development Coordinator, the required processing fee as determined by resolution of the Board of Supervisors, a tentative map, and any other information deemed necessary by the Land Development Coordinator in order to process the application.

The Land Development Coordinator shall determine whether the application complies with the requirements of this section and shall grant or deny the application. Any person dissatisfied with the decision of the Land Development Coordinator may appeal to the Board of Supervisors within 15 calendar days after the decision of the Land Development Coordinator.

Appeals shall be filed at the Planning Office and shall include a nonrefundable filing, fee in an amount prescribed by the Board of Supervisors. The Board shall hear the matter de novo and approve, disapprove or modify the decision of the Land Development Coordinator. The decision of the Board of Supervisors upon such appeal shall be final.

(d) Duration of approval. Approval of a merger shall be valid for a period of one year from the date approval is given. During this period any and all conditions of approval shall be fulfilled and the deed and parcel map shall be recorded. Such period may be extended by approval of the Land Development Coordinator for up to an additional one year. Requests for an extension of time shall be accompanied by a fee in an amount prescribed by the Board of Supervisors.

(Ord. No. NS-1203.84, § 1, 7-14-87; Ord. No. NS-1203.100, § 1, 5-15-90; Ord. No. NS-1200.318, § 27, 3-28-06)

Editor's note--The form referred to in Subsection (b)(2) is not printed herein but is on file with Ord. No. NS-1203.100.

Secs. C12-230--C12-232. Reserved.

Part 2.
Certificate of Compliance--Notice of Violation

Sec. C12-233. Certificate of compliance.

(a) Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request, and the County shall determine, whether such real property complies with the provisions of this chapter. Upon making such a determination, the Land Development Coordinator shall cause a certificate of compliance to be filed for record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of this chapter.

(b) If the County determines that such real property does not comply with the provisions of the chapter it may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his interest therein, and which has been established at such time by this chapter. Upon making such a determination and establishing such conditions, the County shall cause a conditional certificate of compliance to be filed for record with the County Recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the County.

(c) A certificate of compliance shall be issued for any real property which has been approved for development pursuant to this chapter.

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

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-234. Recording notice of violation.

Whenever the County has knowledge that real property has been divided in violation of the provisions of this chapter, it shall cause to be filed for record with the County Recorder, a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a notice of violation, the local agency shall mail a copy of such notice to the owner of such real property. The notice shall specify a time, date, and place at which the owner may present evidence to the Board or advisory agency why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the County shall record a release of the notice of intention to record a notice of violation with the County Recorder. If, however, after the owner has presented evidence, the Board or advisory agency determines that the property has in fact been illegally divided, or if within 60 days of receipt of such copy the owner of such real property fails to inform the County of his objection to recording the notice of violation, the Board or advisory agency shall record the notice of violation with the County Recorder. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-235--C12-239. Reserved.

ARTICLE 7.
GIFT DEEDS

Sec. C12-240. Intent.

This article is enacted in order to discourage the use of gift deeds as a method of creating parcels and to regulate parcels created outside current planning and development regulations for subdivisions.

(Ord. No. NS-1203.92, § 1, 2-14-89)

Sec. C12-241. Presumption.

All parcels created by gift deed are presumed to be subdivisions and must comply with all the subdivision regulations of the County.

(Ord. No. NS-1203.92, § 1, 2-14-89)

Sec. C12-242. Exemptions.

Notwithstanding the provisions of Section C12-241, the following are exempt from the requirements of the County subdivision regulations:

(1) Parcels created as the result of a gift deed recorded prior to February 4, 1986.

(2) Parcels created as the result of a gift deed recorded on and between February 4, 1986 and February 7, 1989, that met the minimum lot size of the zoning district at the time of creation.

(3) Parcels created as the result of a gift deed recorded on and between February 4, 1986 and noon of March 22, 1988, which are below the minimum lot size of the zoning district and have obtained a building exemption or a conditional certificate of compliance from the Planning Commission.

(4) Parcels created as the result of a gift deed recorded on or between February 4, 1986 and noon of March 22, 1988, which are below minimum lot size of the zoning district and which have not obtained a building exemption or conditional certificate of compliance from the Planning Commission shall comply with the following regulations:

a. At such time that development necessitates building site approval, an application for an exemption and building site approval for the parcel shall be required. Applications for exemption and building site approval must be filed at the Planning Office together with the filing fees established by the Board of Supervisors. The matter shall be set for public hearing before the Planning Commission. Notice of the hearing shall be provided in accordance with Chapter 5.20 of the County Zoning Ordinance.

b. The Commission shall grant the application for exemption and accompanying building site approval with appropriate conditions if it makes all of the following findings based upon the evidence presented at the hearing:

1. The property owner has demonstrated that the parcel is a bona fide gift to a member of the property owner's immediate family, which is defined as parent, grandparent, son, daughter, grandchild or sibling.

2. The original parcel being divided by this process was not itself created by gift.

3. All parcels created as the result of a gift deed(s) conform to the lot size and density in the surrounding area.

4. The parcel cannot be sold for a period of ten years from the date the parcel was originally created. This provision shall not apply to those parcels which have previously received a certificate of compliance.

5. The proposed development will not create a substantial adverse impact upon the environment.

6. If the parcel is subject to a land conservation contract pursuant to the Williamson Act, the property owner shall file for nonrenewal of the Williamson Act contract.

c. In granting the building exemption and accompanying building site approval, the Commission may include such additional conditions as it deems reasonable and necessary to preserve the integrity and intent of the regulations of this article.

d. Any action of the Planning Commission may be appealed to the Board of Supervisors in accordance with the procedures of Section C12-321.

(Ord. No. NS-1203.93, § 3, 4-4-89; Ord. No. NS-300.791, § 7, 4-22-08)

Secs. C12-243--C12-299. Reserved.

CHAPTER II.
SINGLE BUILDING SITES

ARTICLE 1.
GENERAL PROVISIONS AND DEFINITIONS

Part 1.
General Provisions

Sec. C12-300. Purpose.

This chapter is enacted for the purpose of regulating development of single building sites that have not been regulated under any land division ordinance or which are not subject to a use permit or architectural and site approval. Building site approval is required prior to development in any zoning district unless a specific exception set forth in this article applies, except in that portion of the "AR" Agricultural Ranchland zoning district located east of Highway 101 where a building clearance may be obtained. Building site approval shall be required, however, for development within the "AR" Agricultural Ranchland zoning district located within the Anderson/Coyote Watershed, as depicted on that certain map entitled Anderson/Coyote Watershed Parcel Map.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.98, § 1, 7-11-89; Ord. No. NS-1203.106, § 1, 9-19-95)

Sec. C12-301. Process in lieu of site approval.

For those sites located in that portion of the "AR" Agricultural Ranchlands zoning district east of Highway 101, the following provisions apply in lieu of building site approval unless the parcel was created as a result of a gift deed between February 3, 1986, and noon on March 22, 1988, and is below the minimum lot size for the zoning district, in which case the applicant must obtain building site approval and an exemption, if applicable. The slope density calculations for determining minimum lot size must be determined by a registered civil engineer.

(1) The applicant shall file an application for a building permit and obtain all building permit clearances in addition to the following:

a. The applicant shall submit a statement from a title company demonstrating that the parcel was legally created and has legal access to a public road. A certificate of compliance may be required.

b. The applicant shall provide copies of all easements required for utility purposes.

(Ord. No. NS-1203.98, § 1, 7-11-89)

Editor's note--Former § C12-301 is now § C12-302.

Part 2.
Definitions

Sec. C12-302. Generally.

Definitions related to this chapter are embodied in Chapter 1.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.98, § 2, 7-11-89)

Note--Formerly, § C12-301.

Sec. C12-303. Reserved.

ARTICLE 2.
PROCEDURE

Part 1.
Application

Sec. C12-304. Generally.

Applications for single building site approval shall be filed with the Central Permit Office, together with a copy of the deed for the subject property and the required copies of the site development plan.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-305. Site development plan.

The site development plan shall be a plan prepared by the applicant or his representative and shall show the existing and proposed improvements on the subject site.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-306. Effective time of filing.

The time of filing shall be the time at which the Land Development Coordinator formally accepts the application.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 2.
Review

Sec. C12-307. Generally.

The Central Permit Counter staff shall determine if the subject site is a previously approved site, as follows.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-308. Pre-application review for building site approval.

Prior to filing an application for single building site approval, an applicant may file an application for pre-application review, which shall be for the purpose of preliminarily determining the feasibility of the proposed project and identifying potential development constraints.

At the conclusion of staff review of a prescreening application, which may include field investigation, the Planning Office shall provide the applicant with a consolidated report identifying potential development constraints to the extent those constraints can be identified based on the information provided during the pre-application process and, for projects which appear feasible, outlining possible conditions of single building site approval.

Applications for pre-application review shall be filed with the Planning Office and shall be accompanied by a fee in an amount prescribed by the Board of Supervisors.

(Ord. No. NS-1203.59, § 1, 3-2-82; Ord. No. NS-1203.76, § 2, 9-10-85; Ord. No. NS-300.791, § 8, 4-22-08)

Sec. C12-309. Certain additions exempted.

Applications for the following additions to single-family dwellings on sites not previously approved shall be exempt from the single building site approval process:

(a) An addition of 500 square feet or less, provided that any addition which would cumulatively exceed 500 square feet when combined with the square footage of all additions permitted after March 2, 1982, shall be subject to the single building site approval process.

(b) Additions to existing dwellings on parcels of ten acres or more located outside of a city's urban service area.

Any person who has received single building site approval prior to the effective date of this section and who is exempt from the single building site approval process hereunder may elect to complete the conditions of single building site approval or may apply independently for a permit for the addition. Persons electing not to comply with the conditions of single building site approval shall not be entitled to a refund of fees.

(Ord. No. NS-1203.59, § 2, 3-2-82; Ord. No. NS-1200.301, § 6, 10-30-01)

Sec. C12-309.1. Exemption for Stanford University.

Dwellings located on the lands of Stanford University shall be exempt from the building site approval process, however certain types of residential development may be subject to other approval processes.

(Ord. No. NS-1200.301, § 8, 10-30-01)

Sec. C12-309.2. Reserved.

Sec. C12-309.3. Exemption for replacement of a residence destroyed by casualty or condemnation.

Single building site approval shall not be required for replacement of part or all of a single-family residence destroyed by casualty such as fire, flood, earthquake or other natural event or by demolition pursuant to a condemnation order issued by the Building Inspector under the following conditions:

(a) The original residential structure was lawfully constructed with appropriate building permits if required at the time it was built.

(b) An application for a building permit to construct the replacement residential structure is filed within two years of the date of the destruction of the original structure. The exemption provided by this section, however, shall not be applicable to any subsequent building permit application filed after the foregoing two-year period expires if the initial application referred to above is abandoned or if any building permit issued thereunder is revoked or lapses.

(c) The replacement residential structure will be sited on the lot in such a manner as best fulfills current County requirements.

(d) The area of the replacement residential structure is not more than 500 square feet greater than the area of the original structure.

(e) The replacement residential structure shall be constructed in accordance with current building code and health and safety requirements. Variances from these standards may be granted by the appropriate County authority when the site conditions make it infeasible to comply with such requirements. Under no circumstances shall a replacement residential structure be allowed where public health and safety would be endangered.

(Ord. No. NS-1203.80, § 1, 10-28-86; Ord. No. NS-1200.301, § 7, 10-30-01)

Cross reference(s)--Health and welfare administration, Div. A18; buildings generally, Div. C3.

Sec. C12-310. Previously approved site.

(a) This is a site which has either been previously approved by the County and which approval has not expired, or is a whole lot or parcel shown as an approved building site on a parcel map or numbered tract subdivision map filed in the office of the County Recorder. The Central Permit Counter will review the site development plan for zoning, building setbacks, on-site drainage, proposed sewage system, water supply, proposed grading, required street encroachment permits, and the location in relation to official geologic maps.

(b) If the site requires a separate grading permit or field investigation and review by other departments or agencies, a master file will be established and the application referred to affected departments and agencies.

(c) If no additional site review or field investigation is required, building plans will be accepted and transmitted to the Building Inspection Department for approval. After plans have been approved by the Building Inspector and all conditions met, the Central Permit Office shall issue the building permit.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-311. Reserved.

Editor's note--Section C12-311, relating to review of a site not previous reviewed, was repealed by § 3 of Ord. No. NS-1203.98, adopted July 11, 1989. The section had been derived from Ord. No. NS-1203.35, § 3, adopted Mar. 13, 1978, and Ord. No. NS-1203.81, § 2, adopted Dec. 16, 1986.

Sec. C12-311.1. Reserved.

Editor's note--Section C12-311.1, regulating parcels divided after Feb. 3, 1986, by means other than by subdivision, derived from Ord. No. NS-1203.81, § 3, adopted Dec. 16, 1986, was repealed by § 2 of Ord. No. NS-1203.93, adopted Apr. 4, 1989. See § C12-242.

Part 3.
Distribution and Reports

Sec. C12-312. Generally.

The Central Permit Office shall distribute appropriate application information to various County departments and agencies, to any city in accordance with current County referral procedures, and other affected public agencies as determined by the Central Permit Office. The various departments will conduct their field investigations as necessary and submit a written report to the Land Development Coordinator listing the conditions that are necessary to develop the subject site and meet the requirements and standards of this division. If any of the referral agencies do not respond within the time limits established by the Land Development Coordinator, Planning Commission or Board of Supervisors, it shall be deemed that they have no conditions for the proposed development.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-313. Modification of application.

Subsequent to distribution of application information as required by Section C12-312, any modification of the application initiated by the applicant shall be subject to the payment of a fee in an amount prescribed by resolution of the Board of Supervisors. In the event that the applicant submits a request to modify the application, the Land Development Coordinator may require that the application be resubmitted. The required resubmission of an application shall not affect the effective time of filing defined in Section C12-306.

(Ord. No. NS-1203.48, § 4, 2-25-80)

Sec. C12-314. Reserved.

Sec. C12-315. Environmental Management Agency review.

(a) Environmental health services. Upon receipt of the application and site development plan, the County Health Officer shall review the site with respect to the proposed sewage disposal, the domestic water system and existing and projected noise sources and noise levels in compliance with the County Noise Element of the General Plan.

(b) Fire Marshal. Upon receipt of the application and site development plan, the agency responsible for providing fire protection to the proposed site or the Fire Marshal, or both, shall review the proposed site with respect to requirements relating to fire protection.

(c) Land development engineering and surveying. Upon receipt of the application and site development plan, the County Surveyor shall review the proposed site including, but not limited to survey, existing and proposed right-of-way and easements, drainage, existing and proposed street patterns, traffic circulation, structural and geometric design, curves and grades of streets, erosion control, sewers, grading, geology, underground utilities, and street lighting.

(d) Planning. Upon receipt of the application and site development plan, the Planning Department shall review the proposed site including, but not limited to conformance with the General Plan, specific plans, official plan lines, off-street parking, tree planting and preservation, conformance with the Zoning Ordinance and neighborhood compatibility.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-316. Santa Clara Valley Water District.

Upon receipt of the application and site development plan, the Santa Clara Valley Water District shall investigate the effect of the proposed site upon flood-control channels and water pipeline transmission facilities or Development Coordinator stating whether the site conforms with the prescribed standards of the district and whether any substantial flooding hazard will be created or result from the proposed site development. The district shall recommend to the Land Development Coordinator conditions to be met relative to flood control channels, projects, permits, minimum lot elevations, right-of-way requirements, and applicable provisions of this chapter.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-317. Transportation Agency.

Upon receipt of the application and site development plan, the Director of Transportation shall review the proposed site with respect to street right-of-way and improvements, traffic circulation, storm drainage, traffic safety, structural and geometric design, curves and grades of streets, erosion control, plantings, underground utilities and street lighting. Dedication and improvement requirements will be in compliance with the "Future Width Line Study" prepared by Ruth and Going and adopted by the Board, as amended from time to time. The Director of Transportation shall make a written report to the Land Development Coordinator stating the conditions required pursuant to this chapter.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 4.
Report Acceptance; Permit Issuance

Sec. C12-317.1. Generally.

The Land Development Coordinator will prepare a consolidated report and mail it to the applicant within 21 calendar days of the filing of the application subject to an extension of time established by mutual consent between the applicant and the Land Development Coordinator or within ten calendar days after receipt by the Land Development Coordinator of the reports by the referral agencies. If the applicant accepts the report and conditions, one copy of the accepted conditions shall be signed and returned together with the building plans for plan review. Once the building plans have been reviewed and approved by the Building Inspector and all other conditions complied with, the Central Permit Office shall issue the building permit.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 5.
Report Rejection; Meeting Scheduled

Sec. C12-318. Generally.

If the applicant disagrees with the report, the applicant shall return a copy noting those conditions of disagreement. A meeting will then be scheduled between the applicant, the affected departments, and the Land Development Coordinator. Within seven calendar days after this meeting, a final report will be mailed to the applicant.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.114, § 1, 5-20-08)

Part 6.
Time To Complete

Sec. C12-319. Period of approval and extensions.

The report with conditions shall remain valid for 24 months. During this period, the conditions of approval must be completed and a building permit issued. Requests for extensions of time shall be in writing to the Land Development Coordinator and shall be accompanied by a fee in an amount prescribed by resolution of the Board of Supervisors. Extensions of time may be granted by the Land Development Coordinator for a period of time not exceeding two years beyond the initial 24-month period.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.48, § 6, 2-25-80; Ord. No. NS-1203.64, § 1, 3-8-83)

Part 7.
Appeal Procedure

Sec. C12-320. Reserved.

Editor's note--Section C12-320, relating to appeals to the County Planning Commission, derived from Ord. No. NS-1203.35, § 5, adopted Mar. 13, 1975, and Ord. No. NS-1203.42, § 7, adopted Jan. 8, 1979, was repealed by § 2 of Ord. No. NS-1203.57, adopted July 7, 1981.

Sec. C12-321. Appeal to the Board of Supervisors.

(a) Any person dissatisfied with the decision of the Land Development Coordinator may file an appeal within 15 calendar days after the decision of the Land Development Coordinator. Appeals shall be filed with the Planning Office and shall include a filing fee in an amount established by the Board of Supervisors. The Planning Commission shall hear the matter de novo and approve or deny the application, with or without modification to the conditions of approval. The Planning Commission shall not have jurisdiction to consider any issues that fall within the jurisdiction of the Code Enforcement Appeals Board pursuant to Division C2 of this Code.

(b) Any person dissatisfied with the decision of the Planning Commission may file an appeal within 15 calendar days after the decision of the Planning Commission. Appeals shall be filed with the Planning Office and shall include a filing fee in an amount established by the Board of Supervisors. The Board of Supervisors shall hear the matter de novo and approve or deny the application, with or without modification to the conditions of approval. The decision of the Board of Supervisors on appeal is final.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.42, § 8, 1-8-79; Ord. No. NS-1203.57, § 3, 7-7-81; Ord. No. NS-1203.114, § 2, 5-20-08)

Sec. C12-322. Appeal of conditions of Santa Clara Valley Water District.

Where an appeal is made pertaining to a flood-control dedication, it shall be filed at the Central Permit Office within 15 calendar days and shall be referred to the board of directors of the water district for review and recommendation to the appeal body as provided in this chapter. Such review shall be made at a meeting at which notice has been given to all parties to the appeal.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.57, § 4, 7-7-81)

ARTICLE 3.
REQUIREMENTS

Part 1.
Dedication

Sec. C12-323. Dedication requirements.

Dedication shall be limited to a 30-foot half-street. In cases where more than a 30-foot half-street right-of-way is needed in order to conform to the Circulation Element of the General Plan, adopted official plan lines, proposed plan lines of the County, adopted expressway and freeway routes or city plan lines not in conflict with the County, appropriate setbacks may be required. When the site is traversed by or abuts flood-control facilities as defined in Resolution No. 74-71 and Ordinance 74-1 of the Santa Clara Valley Water District, dedications in fee or in easement may be required to the Santa Clara Valley Water District as provided in the document entitled "Policy and Guidelines for Dedication and Reservation of Lands Needed for Flood Control Purposes" adopted by the district board of directors and the Santa Clara County Board of Supervisors in 1973.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 2.
Improvements

Sec. C12-324. Improvement requirements.

Improvement requirements shall be limited to those improvements which are directly related to the proposed development and consistent with similar improvements in the immediate area. When improvements are required, the provisions of Chapter 1 of the County of Santa Clara Subdivision Ordinance shall apply, and in no event shall improvement requirements exceed those provisions. In situations where a grading permit is required, the improvements may be incorporated in the grading plan and permit, at the discretion of the County Surveyor. The County Surveyor may defer street and drainage improvements or require stage improvements commensurate with the development pattern of the neighborhood and with traffic needs for safe and adequate access. The stage improvement design shall take into consideration the number of existing and potential building sites making allowance for future divisions of land. When the County Surveyor determines that the installation of the improvement should be deferred, he may require the property owner to enter into a agreement with the Board of Supervisors pertaining to such deferred improvements.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-325. Underground utilities.

The provisions of Chapter I, pertaining to underground utilities, shall apply to single building sites. Undergrounding generally shall be limited to on-site work, unless the off-site work can be coordinated with undergrounding to serve other properties in the immediate area.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-326. Legal access.

The applicant shall demonstrate that the property has legal access sufficient to meet County access and improvement requirements.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-327. Surveying and map requirements.

Field surveying may be required by the County Surveyor as necessary to determine topographic conditions and to locate easements and property lines. If a survey is performed which establishes points or lines of ownership, a record of survey conforming to the requirements of the Land Surveyor's Act, or a parcel map conforming to the requirements of Chapter I, shall be prepared and submitted for approval and recording.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 3.
Noise Attenuation Measures

Sec. C12-328. Generally.

The existing and projected noise sources and associated noise levels will be evaluated and noise attenuation measures required in accordance with noise standards contained in the adopted Santa Clara County Noise Element of the General Plan.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-329. Reserved.

Part 4.
Soils Report

Sec. C12-330. Preliminary.

A preliminary soils report, prepared by a civil engineer who is registered in the State of California, and based upon adequate test borings or excavations, shall be required for every building site.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-331. Waiver of soils report.

The preliminary soils report may be waived if the Building Official determines that due to the knowledge he has, as to the qualities of the soils on the subject site, no preliminary analysis is necessary.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-332. Further investigation of soils report.

If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a more detailed soils investigation may be required prior to final approval.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 5.
Geologic Report

Sec. C12-333. Geologic report.

Site investigations and geologic reports shall be in compliance with the Santa Clara County Geologic Ordinance.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-334. Reserved.

Part 6.
Fees

Sec. C12-335. Filing fee.

The filing fee shall be an amount established by the Board of Supervisors.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.42, § 9, 1-8-79; Ord. No. NS-300.791, § 9, 4-22-08)

Sec. C12-336. Construction inspection and plan check fee.

The fees required will be as outlined in Chapter 1 of this division.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 7.
Improvement Agreement and Securities

Sec. C12-337. Requirements.

The agreements and securities required shall be as outlined in Chapter I of this division.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-338. Modification of approved plan.

Upon written application to the Land Development Coordinator, modifications of single building site approval may be made by the Land Development Coordinator. Applications for modifications shall be accompanied by a fee in an amount prescribed by resolution of the Board of Supervisors.

(Ord. No. NS-1203.48, § 5, 2-25-80)

Sec. C12-339. Time for filing improvement plans.

In order that the improvement plans may be adequately checked prior to the expiration date of the single building site approval, they shall be filed with the County Surveyor's office not less than three weeks prior to said expiration date.

(Ord. No. NS-1203.95, § 2, 4-18-89)

Sec. C12-339.1. Staying of the single building site approval.

This provision shall apply only one time, at the time of the initial complete submittal to the County Surveyor's office for plan check if:

(1) An extension of time has been granted in accordance with Section C12-319.

(2) The filing is in accordance with the provisions of Section C12-339, or is in the County Surveyor's office at the time of adoption of this section, or is submitted to the County Surveyor's office within three weeks after the adoption of this section.

(3) The County Surveyor shall determine if there has been a complete submittal in accordance with these provisions and all other applicable regulations.

In all cases which meet these requirements, the time remaining prior to expiration of the single building site approval shall be stayed until the County Surveyor has had an opportunity to check the plans in the accordance with applicable procedures. Once the County Surveyor has completed his plan check, the remaining time left on the single site approval immediately recommences to run.

(Ord. No. NS-1203.96, § 2, 4-18-89)

ARTICLE 4.
DENIAL OF PERMIT

Sec. C12-340. Denial of permit.

No building permit shall be issued to develop any real property which has been divided or developed, or which has resulted from a division or development, in violation of the provisions of the County Subdivision Ordinance, County Grading Ordinance [Chapters I and III of this division] and all other applicable County ordinances as determined by the Land Development Coordinator. This authority to deny a building permit shall apply whether the applicant was the owner of the real property at the time of such violation, or whether the applicant is the current owner of the real property with or without actual or constructive knowledge of the violation at the time of the acquisition of the applicant's interest in such real property. The Land Development Coordinator may authorize the issuance of a building permit upon the imposition of conditions reasonably related to the applicant's property.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Secs. C12-341--C12-350. Reserved.

ARTICLE 5.
BUILDING APPROVAL ON SLOPES EXCEEDING THIRTY PERCENT

Sec. C12-350.1. Findings.

(a) Although County zoning ordinances conform to the General Plan, there are many policy provisions in the General Plan which have not been fully implemented by ordinance into County development regulations.

(b) The County General Plan contains many provisions regarding development in hillside areas. Not all of these provisions have been added to the Single Site Approval Ordinance [this chapter].

(c) This article has been developed to codify General Plan policies relating to hillside development into the single building site approval development regulations.

(d) The General Plan recognizes hillside areas as a fragile resource requiring close scrutiny and additional considerations to protect public health and safety prior to development approval.

(Ord. No. NS-1203.102, 7-24-90)

Sec. C12-350.2. Intent and application.

The intent of these measures is to ensure that the single site approval process for parcels located in the hillsides conforms to the County General Plan policies with maximum health and safety protection and preservation of the natural environment as considerations.

This article is intended to discourage building on slopes of 30 percent or more unless properly mitigated. Therefore, single site approval shall not be given for slopes of 30 percent or more unless an exception has been granted by the Architectural and Site Approval Committee (ASA).

These restrictions shall apply to all lands zoned "R1E" One-Family Residence zoning districts, "RHS" Variable Slope-Density Hillside Residential zoning districts, and "HS" Hillside zoning districts.

(Ord. No. NS-1203.102, 7-24-90)

Sec. C12-350.3. Terms and definitions.

The revised approval process outlined herein is based upon the following:

(a) Proposed developed area: The proposed developed area is defined as the area for the residence, accessory structures or other development such as tennis courts or swimming pools, drainfields, driveways and parking areas, plus 25 feet on the parcel surrounding these areas on the subject parcel.

(b) Slope: For purposes of this article, "slope" is defined as the natural slope of the land within the proposed developed area based upon an engineered drawing. The formula for slope is found in Section 2.20.040 of the Zoning Ordinance.

(Ord. No. NS-1203.102, 7-24-90; Ord. No. NS-1200.318, § 28, 3-28-06)

Sec. C12-350.4. Regulations.

Application for single site approval shall comply with all existing regulations for site approval. All applications shall be conditioned to mitigate all health and safety issues. All applications for single site approval on slopes of 30 percent or more shall not be approved unless they comply with the following requirements and are granted an exception by ASA:

(a) Development on such parcels is subject to an environmental assessment under CEQA rather than a categorical exemption.

(b) All applications for site approval in these zoning districts must be accompanied by a detailed topographic map showing the existing topography and slope.

(c) The following documents are required to be submitted at the time of application for an exception:

(1) Profile views and exterior elevations of the proposed development.

(2) A geological and soils report, as well as a geotechnical report for sites on septic tanks.

(3) An erosion control plan.

(4) A landscape plan, prepared by a professional, preserving existing healthy mature specimen trees with a circumference of 37.5 inches or greater measured 4.5 feet above the ground. The plan shall demonstrate that the existing natural landscape, including watercourses and riparian areas, is minimally disturbed. The plan shall indicate which such trees must be removed and the reason for such removal, riparian areas and proposed protection of the habitat in those areas, the vegetation clearing that will be necessary, and proposed new tree, shrub and landscape planting consistent with erosion control and fire protection. The plan shall also depict any watercourses, the effect of construction on the watercourse, and the proposed rehabilitation for such area.

(d) Roads, building sites and facilities shall not be allowed to create major or lasting visible scars on the landscape. Structures on ridgelines must be located, constructed or landscaped in such a manner that they do not create a major negative visual impact from the valley floor.

(Ord. No. NS-1203.102, 7-24-90)

Sec. C12-350.5. Procedure.

(a) Notice of public hearings required pursuant to this article shall be given to all property owners within 500 feet of the exterior boundary of the subject property.

(b) Notice shall also be given to the city jurisdiction whose urban service area or sphere of influence applies to the subject property.

(c) The ASA, at a noticed public hearing, shall review each application for exception and shall integrate all the concerns of a particular site. The ASA shall make a determination regarding the exception and impose all appropriate conditions.

(Ord. No. NS-1203.102, 7-24-90)

Sec. C12-350.6. Fee.

The fee for this process shall be an amount established by the Board of Supervisors.

(Ord. No. NS-1203.102, 7-24-90; Ord. No. NS-300.791, § 10, 4-22-08)

Sec. C12-350.7. Urgency.

This article is adopted pursuant to Government Code § 65858 and shall go into effect immediately as an urgency measure necessary to preserve the public health, safety and welfare for the reasons set forth in Section C12-350.1.

(Ord. No. NS-1203.102, 7-24-90)

Secs. C12-351--C12-399. Reserved.

CHAPTER III.
GRADING*

------------

Editor's note--Ord. No. NS-1203.109, § 1, adopted Jan. 9, 2001, amended Ch. III, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Ch. III pertained to similar subject matter. See the Code Comparative Table.

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ARTICLE 1.
GENERAL PROVISIONS AND DEFINITIONS

Part 1.
General Provisions

Sec. C12-400. Purpose.

This chapter is enacted for the purpose of establishing minimum requirements for all grading work; for the purpose of establishing the procedures by which these requirements may be enforced; and for the purpose of protecting surface water quality by prevention of soil erosion and the transport of soil sediments, which result from improper grading operations.

This chapter may be cited as the "Santa Clara County Grading Ordinance."

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-401--C12-404. Reserved.

Part 2.
Definitions

Sec. C12-405. Definitions.

In addition to the definitions covering this entire division, the following definitions are applicable to this chapter.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.1. Bedrock.

"Bedrock" is the solid undisturbed rock in place either at the ground surface or beneath surficial deposits of loose rock, soil, sand or gravel.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.2. Bench.

"Bench" is a relatively level step excavated into sloping natural ground on which fill is to be placed.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.3. Civil engineer.

"Civil engineer" shall mean a professional engineer registered as a civil engineer by the State of California.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.4. Compaction.

"Compaction" shall mean densification of a soil or rock fill by mechanical means. See Figure 1.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.5. Construction permit.

"Construction permit" is a written permit issued by the County, authorizing certain types of work within public easements or rights-of-way not maintained by a public agency.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.5.1. Design engineer.

The "design engineer" or "design civil engineer" is a California registered civil engineer retained by the applicant to design and/or submit grading plans to the County.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.5.2. Design landscape architect.

The "design landscape architect" is a California licensed landscape architect retained by the applicant and/or the design engineer to design and/or submit the landscaping and irrigation plan of a particular grading plan.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.6. Depth of embankment (fill).

"Depth of embankment (fill)" is the vertical dimension of the exposed fill surface (see Figure 1).

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.7. Depth of excavation (cut).

"Depth of excavation (cut)" is the vertical dimension of the exposed cut surface (see Figure 1). C12-405.7>

(Ord. No. NS-1203.109, § 1, 1-9-01)

____

Sec. C12-405.8. Embankment.

"Embankment" is bank of fill material placed on sloping or level ground, for the purpose of support, slope modification, or enclosure. See "fill."

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.9. Encroachment permit.

"Encroachment permit" is a written permit authorizing certain work within a publicly maintained right-of-way.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.10. Engineering geologist.

"Engineering geologist" is a registered geologist certified as an engineering geologist by the State of California.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.11. Engineering geology.

"Engineering geology" is the application of geological data and principles to engineering problems dealing with rock and soil.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.12. Erosion.

"Erosion" is the wearing away and transport of earth materials as a result of the movement of wind, water and/or ice.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.13. Excavation or cut.

"Excavation" or "cut" is the removal of naturally occurring earth materials by mechanical means, and includes the conditions resulting therefrom.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.14. Existing grade.

"Existing grade" is the elevation of the ground surface at a given point prior to excavating or filling.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.15. Expansive soil.

"Expansive soil" is any soil which exhibits significant expansive properties as determined by a soils engineer or the Building Official.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.16. Fill.

"Fill" is the deposit of soil, rock or other materials placed by man.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.17. Final grading plan.

"Final grading plan" is a plan prepared by a civil engineer that is approved in accordance with this chapter, showing the proposed grading and all related work, including proposed erosion prevention and sediment control measures.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.18. Finish grade.

"Finish grade" is the final elevation of ground surface at a given point after the excavating or filling.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.18.5. Grade stake inspection.

The "grade stake inspection" is the first County inspection called for by the applicant after grading permit issuance, to demonstrate to the County inspector that the survey stakes for the proposed grading work have been placed according to the approved plan.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.19. Grading.

"Grading" is any excavation or filling or combination thereof, and includes the land in its excavated or filled condition.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.20. Geologic hazard.

"Geologic hazard" is any condition in naturally occurring earth materials which endangers life, health or property. "Geologic hazards" include, but are not limited to faults, and existing or potential landslides, mudslides, rockfalls, and weak, expansive or creeping soil; earthquake-induced ground movement or ground failure, ground shaking, seiche, or tsunami inundation, subsidence, or earth liquefaction.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.21. Grading work; work.

"Grading work" or "work" is any excavating or filling or combination thereof, and includes related work, such as, but not limited to, drainage improvements, retaining walls, erosion prevention and sediment control measures, and other requirements of the County.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.22. Grading permit.

"Grading permit" is a written permit issued by the Building Official or his representative pursuant to this chapter, authorizing certain grading work.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.23. Key.

"Key" is compacted fill placed in a trench excavated in natural earth material beneath the toe of a proposed fill slope for the purpose of increasing shearing resistance (see Figure 1).

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.24. Landscape architect.

"Landscape architect" is a landscape architect registered by the State of California.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.25. Lot.

See "Parcel."

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.26. Owner.

"Owner" is the person shown as the legal owner of the property as shown in the records of the County Assessor's office.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.27. Parcel.

"Parcel" is land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a subdivision map or parcel map on file in the County Recorder's office.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.28. Permittee.

"Permittee" is any person to whom a permit is issued pursuant to this chapter.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.29. Person.

"Person" is any person, firm or corporation whether principal, agent, employee, or otherwise.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.30. Preliminary grading plan.

"Preliminary grading plan" is a plan that shows the proposed grading, and proposed erosion prevention and sediment control measures, in relation to the existing site, prepared and submitted with the application for a grading permit, as described in this chapter.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.31. Rough grade.

"Rough grade" is the stage at which the grade approximately conforms to the approved plan, and any structure foundation areas are at the plan or sub-base foundation grade.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.32. Sediment control facility.

"Sediment control facility" is a stormwater or drainage detention pond, or other device which serves the purpose of collecting water-borne sediment and debris, and is designed to be cleaned out periodically.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.33. Site.

"Site" is any lot or parcel of land or combination of contiguous lots or parcels of land under the same ownership where grading is to be performed or has been performed.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.34. Slope.

"Slope" is an inclined ground surface the inclination of which is expressed as ratio of horizontal distance to vertical distance.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.35. Soil.

"Soil" is all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.36. Soils engineer.

"Soil engineer" is a civil engineer registered by the State of California who is qualified in the field of soil mechanics and soils engineering.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.37. Soils engineering.

"Soils engineering" is the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and may include the inspection, testing and construction thereof.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.37.1. Stormwater.

Stormwater is drainage which has originated as rainfall, which then flows over land.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.38. Terrace.

"Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.39. Erosion prevention measures.

"Erosion prevention measures" means the design features of a project which are intended to prevent soil, rock, or other material from being dislodged and moved down slope by stormwater flows and wind.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.40. Sediment control measures.

"Sediment control measures" means the design features of a project which are intended to halt or reduce the movement or transport of soil sediments by stormwater flow.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.41. Planning Director.

The "Planning Director" means the Planning Director of the County of Santa Clara and his or her designated representatives.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-405.42. Building Official.

"Building Official" means the Building Official of the County of Santa Clara and his or her designated representatives.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-406--C12-409. Reserved.

ARTICLE 2.
PLANS AND SPECIFICATIONS

Part 1.
General Provisions

Sec. C12-410. Application; plans.

Complete sets of preliminary plans, including profiles, cross-sections, specifications, and erosion prevention and sediment control measures, shall be submitted to the County Planning Office with each application for a grading permit, and when otherwise required by the Building Official, for the enforcement of any provisions of this chapter. At the time of application, the applicant shall provide preliminary grading plans. Prior to the issuance of a grading permit, the applicant must furnish final grading plans. When the final plans have been approved and ordinance requirements have been met, a grading permit shall be approved and issued by the Building Official. The work shall be performed according to the approved plans and specifications, which shall not be modified except as provided in Section C12-414 or C12-537.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-411. Preliminary grading plan.

Preliminary grading plans provide for land use review and determination of grading permit requirements prior to approval of final plans and issuance of a grading permit. Precise design at this stage is not required. No grading permit will be issued based solely on preliminary plans. The plans shall be clearly and legibly drawn and entitled "preliminary grading plans." They shall contain a statement of the purpose of the proposed grading. Each sheet shall be 24 inches by 36 inches, in a standard engineering scale and in a scale not smaller than one inch equals 100 feet. The plans shall include the following:

(a) A plan title and the name of preparer and date of preparation.

(b) A vicinity sketch indicating the location of the site relative to the principal roads in the area.

(c) A site plan indicating the site of the work and any proposed divisions of land.

(d) The complete site boundaries and locations of any easements and rights-of-way traversing and adjacent to the property, appropriately labeled and dimensioned.

(e) The locations of any existing and proposed roads, buildings, wells, pipelines, watercourses, and other structures, facilities, and features on the site and the locations of any improvements on adjacent land within 25 feet of the proposed work.

(f) Typical cross-sections (not less than two sections) of all graded areas, existing and proposed widths and maximum cuts and fills at intervals not exceeding 500 feet. They shall depict topographic conditions not less than 100 feet outside the future rights-of-way. Show the vertical dimensions of cuts and fills on each section.

(g) Location of known soil or geologic hazard areas.

(h) Contour lines of the existing terrain at appropriate intervals, as provided in Chapter 1, shall be provided throughout the area where the proposed grading is to occur. The contour lines shall be extended a minimum of 50 feet on either side of the affected area.

(i) Approximate location of cut and fill lines for all the proposed grading work.

(j) Location, width, direction of flow and approximate location of high banks of any water courses.

(k) Approximate boundaries of any areas subject to inundation.

(l) Proposed provisions for storm drainage control and any existing and/or proposed flood control facilities or septic tank drain fields in the vicinity of the grading.

(m) Estimation of the quantities of excavation and fill and the estimated starting and completion dates.

(n) Planting and/or seeding for the area affected by the proposed grading.

(o) North arrow and scale.

(p) Such supplemental information as required for processing and approval of the design concept, such as erosion control.

(q) Locations of trees with a trunk circumference of 37.7 inches or more, measured at a point 4.5 feet above average ground level, within the area to be disturbed by the proposed grading. The plans shall indicate which trees are proposed to be removed or, if to be protected, construction details thereof.

(r) All proposed erosion prevention and sediment control measures.

(s) Other information which may be required by the Building Official to process the application.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-412. Final grading plans.

Final plans and specifications shall be prepared and signed by a registered civil engineer, on sheets 24 inches by 36 inches. The plans shall include the following, in addition to requirements for preliminary grading plans, unless waived by the Building Official:

(a) A title block. Plans shall be entitled "grading plan" and state the purpose of the proposed grading, the name of the party for whom the plan is prepared, and the name of the engineer or firm by whom this plan is prepared.

(b) Accurate contour lines at appropriate intervals showing the configuration of the ground before and after grading relative to a bench mark established on-site.

(c) Location, extent and finished surface slopes of all proposed grading and final cut and fill lines.

(d) Specifications, cross-sections, profiles, elevations, dimensions and construction details based on accurate field data.

(e) Construction details for roads, watercourses, culverts, bridges and drainage devices, retaining walls, cribbing, dams, erosion prevention, and sediment control measures and other improvements existing or to be constructed. Where water quantity is a design factor, the plans shall be accompanied by a plat showing the drainage area of land tributary to the site, the run-off computations for the area, and calculations of the carrying capacity of watercourses, in accordance with the County drainage manual.

(f) Temporary and permanent erosion prevention and sediment control measures where appropriate for sediment control during the construction period and until such time as this temporary ground cover has become established.

(g) A landscaping plan, when required by the County, and a schedule of permanent slope plantings to replace the temporary ground cover and watering facilities, as needed.

(h) An estimate of the quantity of excavation and fill adjusted for anticipated swell or shrinkage. Show the locations of any borrow sites or locations for disposal of surplus material.

(i) Itemized cost estimate of the proposed grading and related work.

(j) Other information as may be required.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-413. Reserved.

Sec. C12-414. Modification of approved plans.

(a) Upon written application by the applicant's registered civil engineer to the County Planning Office, modification of approved grading plans may be considered for approval by the Building Official. Applications for modification initiated by the applicant shall be accompanied by a fee in an amount prescribed by resolution of the Board of Supervisors.

(b) All necessary soils and geological information and design details shall accompany any proposal to modify the approved grading plans, or the proposal shall be deemed incomplete.

(c) The modification shall be compatible with any subdivision map or other land use requirements or any other final conditions of approval pertaining to the site.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-415. Distribution and use of approved plans.

One set of reproducible, approved and dated plans and specifications shall be retained by the Building Official, and one set of reproducible, approved and dated plans and specifications shall be returned to the applicant, or his engineer. The applicant shall supply reproductions of approved, dated plans for use by the project work crew. One or more sets of approved plans shall be retained on the site at all times during the work.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-416. Time for filing final grading plans.

In order that the final grading plans may be adequately checked prior to the expiration date of the preliminary grading approval, they shall be filed with the County Surveyor's office not less than three weeks prior to expiration of the preliminary grading approval.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-417. Staying of the grading approval.

This provision shall apply only one time, at the time of the initial complete submittal to the Building Official's office for plan check, if:

(a) An extension of time has been granted in accordance with Section C12-432.

(b) The filing is in accordance with the provisions of Section C12-416, or has been submitted to the Building Official's office at the time of adoption of this section, or is submitted to the Building Official's office within three weeks after the adoption of this section.

(c) The Building Official shall determine if there has been a complete submittal in accordance with these provisions and all other applicable regulations.

In all cases which meet these requirements, the time remaining prior to expiration of the grading approval shall be stayed until the Building Official has had an opportunity to check the plans in the accordance with applicable procedures. Once the Building Official has completed the plan check, the remaining time left on the grading approval immediately recommences to run.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-418, C12-419. Reserved.

ARTICLE 3.
PROCEDURE

Part 1.
Prohibitions and Exemptions

Sec. C12-420. Prohibitions.

No person shall do any grading, or cause or allow the same to be done, on any real property, without first obtaining a grading permit, unless exempt hereunder.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-421. Exemptions.

The following grading work may be performed without obtaining a grading permit, provided the grading work meets the land use requirements of this division, meets the applicable exemption requirements, and does not endanger adjacent property or divert or impair the flow of water in a watercourse, or cause a public nuisance. Any grading work that is done without a permit and not conforming to these limitations and the exemption provisions herein shall be deemed a violation of this ordinance subject to penalties and abatement procedures provided in this chapter.

(a) Minor projects which (1) have cuts and/or fills each of which is less than five feet in vertical depth at their deepest points measured from the natural ground surface, (2) the combined cuts and the combined fills are each less than 150 cubic yards in volume, and (3) do not create unstable slopes. These volume and height limits apply to all work performed regardless of the time period and do not represent annual exempt amounts.

(b) Grading performed by or under the supervision or construction control of a governmental agency, including the County of Santa Clara, where that agency assumes full responsibility for the work, or by a public utility on property owned by the public utility or within recorded public utility easements where the work is under the exclusive jurisdiction of the State of California Public Utilities Commission and the public utility assumes full responsibility for the work.

(c) Valid building permit. Grading in connection with a building, swimming pool, retaining wall, or other structure authorized by a valid building permit. All such grading shall be shown on the approved plans and inspected and approved by the County Building Inspector. This exemption shall not affect the applicability of this chapter to, nor the requirements for, a grading permit for any excavation having an unsupported vertical bank greater than five feet in height after the completion of such structure, or any fill which is removed from the site or not shown on approved plans and inspected.

(d) Agriculture. Grading performed exclusively for the growing of agricultural crops or the raising of livestock. This exemption does not extend to grading work necessary to convert land from non-agricultural use to agricultural use, but rather pertains to grading necessary for the routine planting, cultivation, tilling and harvesting of existing agricultural fields.

(e) Trenching. Trenching, water well drilling, post holes drilling, and grading incidental to the construction or installation of underground irrigation or water supply pipelines, septic tank drainfields, conduits, electrical or communication facilities, provided such work shall be backfilled and shaped to the original contour of the land immediately after the completion of the work or within 45 days after the start of the work, whichever is sooner.

(f) Excavations for soils or geological investigations by a soils engineer or engineering geologist. Such work shall be backfilled and shaped to the original contour of the land under the direction of the soils engineer or engineering geologist immediately after the investigation, or within 45 days after the start of the work, whichever is sooner.

(g) Cemeteries. Excavation or deposition of earth materials within a property which is dedicated for cemetery purposes.

(h) Logging. Grading done pursuant to a valid use permit for timber harvesting operations, unless such use permit also requires a grading permit.

(i) Exemption for dumps, mines and quarries. Grading within the site of a refuse disposal dump, sanitary landfill, quarry or plant for excavating and the processing and stockpiling of rock, sand, gravel, aggregate or clay, provided that such grading or other activities are established and operated in accordance with all laws and the requirements of all permits.

(j) Maintenance of existing firebreaks and roads. Maintenance shall mean keeping the road in substantially the same condition it has been in previously. Prior to the first maintenance operation for each existing firebreak or road, or portion thereof, after adoption of this chapter, a permit shall be obtained from the Building Official as provided herein. Succeeding maintenance operations meeting the requirements of this exemption shall not require a permit.

(k) Soil improvement. The addition of topsoil, compost, sand, loam, or other soil amendments in amounts greater than 150 cubic yards. Amendments shall be added in such a manner that the relative topography of the land shall remain unchanged and the increase in elevation shall not exceed a maximum of one-half foot or such greater depth as may be approved by the Building Official.

(Ord. No. NS-1203.109, § 1, 1-9-01; Ord. No. NS-1203.110, § 1, 9-5-01)

Secs. C12-422--C12-424. Reserved.

Part 2.
Applications

Sec. C12-425. Filing.

(a) Applications for grading permits shall be filed with the County Planning Office on the forms provided. Applications shall include preliminary or final grading plans as required by the Building Official, and a filing fee in an amount established by the Board of Supervisors. The fee shall be waived if the application is for the maintenance of existing firebreaks or roads as provided in Section C12-421(i).

(b) Only one application and permit is required for grading work to be performed on each site at one time. If grading occurs prior to obtaining a permit, the property owner and the person doing or causing the grading shall be subject to the penalties and abatement procedures stated in this chapter. The County Planning Office shall determine whether the application is complete, and shall notify the applicant of any additional information that is necessary to complete the application.

(Ord. No. NS-1203.109, § 1, 1-9-01; Ord. No. NS-300.791, § 11, 4-22-08)

Sec. C12-426. Review by Architectural and Site Approval Committee.

(a) Applications and preliminary plans will be referred to the Architectural and Site Approval Committee in the event the grading involves a matter under its jurisdiction.

(b) The Architectural and Site Approval Committee (ASA Committee) shall consider the accepted application within two weeks after the next agenda closing date. The Committee may continue consideration of the application from time to time. In the event that a decision is not reached within 45 days of the date of the filing of the application, such application shall be deemed approved by the ASA Committee; provided, however, any delay caused by the land use approval process required herein shall extend or toll the 45 days accordingly.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Part 3.
Review and Determination

Sec. C12-427. Referral and findings.

Before taking action, the Architectural and Site Approval Committee or the Planning Director may refer the application for recommendation to any city in accordance with current County referral procedures and to any other interested public agency. The ASA Committee, the Planning Director, and the Building Official may impose conditions in order to comply with the land development and land use requirements herein, other County ordinances, and for the health, safety and welfare of the public. Approval by the ASA Committee or the Planning Director shall not be granted unless:

(a) The proposed grading is related to a use presently permitted by law on the property.

(b) The grading is necessary for establishment or maintenance of the use.

(c) The design, scope and location of the grading is appropriate for the use and causes minimum disturbance to the terrain and natural features of the land.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-428. Land use requirements.

(a) If the Architectural and Site Approval Committee, the Zoning Administrator, or the Planning Director determines that the proposed grading requires a zone change, use permit, variance, division of land, building site approval, architectural and site approval, or other land use approval, such approval may be required prior to or concurrent with approval of the grading permit.

(b) The Planning Director, the Architectural and Site Approval Committee, or the Building Official may consider an application concurrently with any other matter. When land use matters have been resolved by the County, the grading permit may be issued in accordance with the provisions of this chapter.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-429. Exceptions to land use requirements.

Exceptions to the land use requirements herein may be granted by the body reviewing the application when the proposed grading is necessary because of an emergency or hazardous situation as determined by the Building Official.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-429.1. Small project grading permit process.

(a) Where the proposed grading work consists of cut and/or fill each of which is 500 cubic yards or less in volume and the use associated with the proposed grading does not require or has already received a land use approval (e.g., building site approval, use permit), an application shall be filed with the County Planning Office. The Planning Office shall determine whether there are unique circumstances that warrant conducting an environmental assessment of the project including, but not limited to: close proximity of the project to springs, streams, creeks, lakes, reservoirs, wetlands, or other bodies of water; geologic considerations; seismic considerations; geotechnical considerations; potential hazards to other properties or public rights of way; proximity to sensitive or riparian habitat areas; clarification of land use requirements; clarification of land use findings as referenced in Sections C12-427 and C12-428 of this chapter; and any other environmental considerations. If the Planning Office determines that the proposed grading work qualifies as a small grading project and that an environmental assessment is not required, the application shall be referred to the Building Inspection Office and the Building Official shall be responsible for project review, permit issuance, and inspections. If an environmental assessment is required, a grading permit must be processed pursuant to Section C12-420. If a land use approval that is currently in effect was specifically conditioned to require a grading permit application, then the project is not eligible for a small project grading permit.

(b) Applications for permits submitted under this category are not exempt from other provisions of this chapter, including time limits.

(c) All other applications for grading permits and all applications for grading abatements shall be processed through the County Planning Office land use review procedure.

(Ord. No. NS-1203.109, § 1, 1-9-01; Ord. No. NS-1203.110, § 2, 9-5-01)

Sec. C12-430. Environmental review.

All plans shall be processed in accordance with the California Environmental Quality Act, and regulations promulgated thereunder.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-431. Final action.

Upon final action by the reviewing body, the application shall be forwarded to the Building Official. Unless the reviewing body has denied the permit, the Building Official shall process such application in accordance herewith, provided the Building Official determines that the final plans substantially conform to the approved preliminary plans. Except as required for an emergency or hazardous situation as hereinbefore described in Article 3, Sections C12-429, C12-443, and C12-444, no permit shall be issued until the period for filing an appeal of a decision of the Planning Director, Architectural and Site Approval Committee or Planning Commission has elapsed or final action has been taken on a filed appeal.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-432. Time limitation on approval, extension.

An approval by the reviewing body shall remain valid for 24 months. During this period, any conditions of approval must be completed and a grading permit issued, or the application will be deemed expired. Requests for extensions of time shall be in writing to the Building Official, and shall be accompanied by a fee in an amount prescribed by resolution of the Board of Supervisors. Extensions of time may be granted by the Building Official for a period not exceeding 24 months beyond the initial 24-month period.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-433. Emergency grading authorization.

Whenever the Building Official has determined that there is an immediate danger to the public health or safety resulting from a landslide, flood, earthquake or other natural calamity, the Building Official may authorize correction of the condition creating the danger without compliance with all provisions of this chapter; provided, the Building Official may condition the authorization in any manner deemed necessary to protect the public health and safety and environment.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-434. Reserved.

Part 4.
Permit Limitation

Sec. C12-435. General.

The issuance of a grading permit shall be limited to work which is covered by the permit and which is shown on the approved plans, or otherwise approved by the Building Official. In granting any permit, the Building Official may attach conditions deemed necessary to prevent creation of a nuisance or hazard to public or private property and to assure completion of the grading, including but not limited to:

(a) Improvement of any existing grading to bring it up to the standards of this chapter or the recommendations of the civil engineer.

(b) Requirements for fencing or protection of grading which would otherwise be hazardous.

(c) Dust control, noise control, hours of operation, sequence of work, weather condition requirements, and haul routes.

(d) Implementation of erosion prevention and sediment control measures.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-436. Same--Permission of other agencies or owners.

No permit shall relieve the permittee of responsibility for securing any permits or approvals required for work which is regulated by any other ordinance, code, department, or agency of the County, state or federal government, or for obtaining any easements or authorization for grading on property not owned by the permittee. The Building Official may require submittal of a notarized written authorization for performance of work on adjacent property not owned by the permittee.

Permits or other approvals may also be required from other public agencies, such as the Santa Clara Valley Water District, the California Department of Fish and Game, the San Francisco Bay Conservation and Development Commission, the Army Corps of Engineers, and the Regional Water Quality Control Board. If the proposed grading work is within the jurisdiction of any other public agencies, the applicant shall submit verification of all required permits, other approvals, or waivers of such requirements to the Building Official prior to commencement of the grading work.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-437. Same--Location of property lines.

Whenever the location of a property line or easement, or the title thereto, is disputed as the result of the application or during a grading operation, a survey by a licensed land surveyor or registered civil engineer, or resolution of title, may be required by the Building Official, at the applicant's expense.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-438. Same--Time limits.

The permittee shall perform and complete all work required by the permit within the specified time. If no time limit is specified, the work shall be completed within 180 days of permit issuance unless an extension is granted by the Building Official.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-439--C12-442. Reserved.

Part 5.
Denial of Permit

Sec. C12-443. Hazardous grading.

No permit shall be approved by the Building Official when the grading, as proposed by the applicant, is likely to endanger private property or public health and safety or result in excessive deposition of debris or soil sediments on any public way, or interfere with any spring or existing drainage course. If the Building Official determines that the hazard can be substantially reduced by planting or growing of vegetation, or the construction of retaining structures, buttress fills, drainage controls or erosion prevention and sediment control measures, or by any other means, the Building Official may approve the permit with the conditions that such work be performed.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-444. Permit denial for geologic or flood hazard.

If the Building Official determines that the land area in which grading is proposed is subject to a geologic or flood hazard, that no reasonable amount of corrective work can eliminate or sufficiently reduce, grading permits for habitable structures shall be denied.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-445. Violation of other ordinances.

The Building Official shall not issue a grading permit unless all proposed land uses shown on the application or the grading plans for the site will comply with all provisions of the County Zoning Ordinance, and all other applicable County ordinances.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-446--C12-449. Reserved.

Part 6.
Appeals

Sec. C12-450. Appeals.

(a) Any person dissatisfied with the decision of the Planning Director, the Building Official or the Architecture and Site Approval Committee relating to a grading approval, grading permit, or grading abatement approval may file an appeal within 15 calendar days after such decision. Each appeal shall be filed with the Planning Office and shall be accompanied by a filing fee in an amount established by the Board of Supervisors. The Planning Commission shall hear the matter de novo and approve or deny the application, with or without modification to the conditions of approval.

(b) Any person dissatisfied with the decision of the Planning Commission may file an appeal within 15 calendar days after the decision of the Planning Commission. Appeals shall be filed with the Planning Office and shall include a filing fee in an amount established by the Board of Supervisors. The Board of Supervisors shall hear the matter de novo and approve or deny the application, with or without modification to the conditions of approval. The decision of the Board of Supervisors on appeal is final.

(Ord. No. NS-1203.109, § 1, 1-9-01; Ord. No. NS-1203.114, § 3, 5-20-08)

Secs. C12-451--C12-454. Reserved.

ARTICLE 4.
REQUIREMENTS

Part 1.
General

Sec. C12-455. Denial

The Building Official shall deny the issuance of a grading permit for failure to satisfy any of the conditions imposed, and shall provide the applicant with a written finding, identifying the requirements or conditions which have not been met or performed, which are the basis for the denial.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-456. Construction inspection and plan check fees; partial refunds; plan check by private entity or person.

(a) At the time of submittal of final grading plans as provided in Section C12-413, the applicant shall pay a nonrefundable plan check fee in an amount prescribed by resolution of the Board of Supervisors. Prior to issuance of a grading permit, the applicant shall pay a nonrefundable inspection fee, in an amount prescribed by resolution of the Board of Supervisors. The fee includes a component based primarily upon project valuation. The project valuation is determined by the Building Official from a review of the final grading plans and the estimated cost calculations submitted by the design registered civil engineer.

(b) In situations where a private civil engineer is authorized by the Building Official to perform the inspection work (per this chapter), the inspection fee to be paid to the Building Official's office shall be 20 percent of the amount of the inspection fees which would have been due for County inspection of the grading.

(c) At the time that the applicant submits a final grading plan, the applicant may request that the Building Official estimate the time required to check the grading plan based on the current workload and staffing level. If the applicant desires faster checking of his grading plan, he may request the Building Official contract or employ a private entity or persons on a temporary basis to perform the plan checking services. However, the Building Official need not enter into such a contract or employ such persons if he determines either that (1) no such entities or persons are available or qualified to perform such services, or (2) the Building Official would be able to perform services in a more rapid fashion than would any available and qualified persons or entities. Such entities or persons employed by the Building Official may, pursuant to an agreement with the Building Official, perform all functions necessary to check the grading plans and to comply with other requirements imposed pursuant to this chapter, except those functions reserved by this chapter to the Building Official or legislative body.

The applicant shall pay a special plan checking fee in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section. The special plan checking fee is in addition to the standard plan check fee established in this part and shall be in the amount prescribed by resolution of the Board of Supervisors.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-457. Violation fees.

If grading work is done in violation of this chapter, the following shall apply in addition to permit application fees:

(a) Construction inspection and plan check fee. The fee shall be in an amount prescribed by resolution of the Board of Supervisors. In determining the cost of the work the private engineer shall include the costs of both the illegal (unpermitted) work and proposed remedial work.

(b) Violation fee. In addition to any other fees prescribed elsewhere in this chapter, a violation fee as prescribed by resolution of the Board of Supervisors shall be assessed for any grading work in violation of this chapter. Payment of such fee shall not relieve any person from any other liability hereunder. The fee prescribed by this section is to defray the expense of enforcement of this chapter.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Part 2.
Reports

Sec. C12-457.1. Generally.

All reports, supplemental reports, and data shall be subject to the review and approval of the Building Official. Recommendations included in the reports and approved by the Building Official shall be incorporated into the grading plans and specifications.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-457.2. [County Geologist review; recommendation.]

The Building Official may request the County Geologist to review the submitted material, in order to provide his/her recommendations, proposed conditions of approval, and/or comments to the Building Official.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-458. Soils engineering investigations and reports.

The Building Official may require a soils engineering investigation and report based on the most recent grading plan. Such report shall include laboratory tests and data regarding the nature, distribution, and strength of existing soils; conclusions and recommendations for grading procedures; and design criteria for corrective measures. The report shall be prepared by a registered civil engineer, licensed by the State of California.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-459. Engineering geologic report.

The Building Official may require an engineering geologic investigation prior to issuing the permit, based on the proposed grading and land use plan(s) and the official County geologic hazard maps. The engineering geologic report, when required, shall include an adequate description of the geology of the site, and conclusions and recommendations regarding the effect of geologic conditions on the proposed grading and land use. The report shall be prepared by a certified engineering geologist, licensed by the State of California.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-460. Periodic soil and geologic reports.

The Building Official shall require sufficient inspection to assure that all soil and geologic conditions have been adequately considered. Where soil or geologic conditions warrant, the Building Official may require periodic reports including, but not limited to, the effect of soil and geologic conditions on cut and fill slopes, clearing operations, groundwater, earth material, and conditions, benches for the placement of fill, and possible spring locations.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-461. Final reports.

The Building Official may require final reports including, but not limited to, certification of slope stability and soil bearing capacity, summaries of field and laboratory tests, locations of tests, recommendations, setbacks, and other information determined to be necessary by the Building Official. The final soils report or engineering geologic report shall be based on the "as-built" grading plan as affected by soils or geologic factors. A revised geologic map and cross-sections may be required.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-462--C12-464. Reserved.

Part 3.
Construction Requirements and Procedures

Sec. C12-465. Construction inspection.

The Building Official shall assume full jurisdiction over the inspection of the approved grading after the permittee's engineer has set alignment and grade stakes in accordance with accepted engineering practices. The Building Official shall release the performance bond, with the exception of that portion held for guarantee and warranty of the work, upon satisfactory completion. If the Board of Supervisors holds the bond, the Building Official shall report the completion of work to the Board with recommendations regarding construction acceptance and release of the bonds. See Article 6 regarding performance bonds.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-466. Authorization of private civil engineer to inspect the work.

(a) Upon request, the Building Official may authorize a private registered civil engineer to perform the inspection work, and certify compliance with the approved plans and render any required reports. The permittee shall make his own contractual arrangements for such engineering services and be responsible for payment of all costs. Upon authorization for such services, the inspection fee set forth shall be reduced as outlined in Section C12-456.

(b) The permittee shall cause the work to be performed in accordance with the approved plans and any instructions or recommendations by the private engineer. If, during the course of construction, the engineer finds that the work is not being performed substantially in accordance with the approved plans and specifications, he shall immediately notify the person in charge of the work and the Building Official of the nonconformity and the corrective measures to be taken. When changes in the plans are required, he shall prepare such proposed changes and submit them to Building Official for plan checking and approval.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-467. Periodic progress reports.

Periodic progress reports shall be rendered by the private civil engineer as required by the Building Official, including, but not limited to, laboratory tests, slope stability, placement of materials, retaining walls, subdrains, drainage, utilities and any special permit or plan requirements. Upon completion of the work the engineer shall submit to the Building Official an "as-built" plan, a final report, and certification of completion in accordance with the approved plans and conditions.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-468. Modification of approved plans.

County approval shall not relieve the permittee from adopted County standards and regulations, or those of other agencies for whom the work is performed. If the grading is not properly designed for field conditions, or is significantly contrary to County requirements, the Building Official may order modification of the approved plans.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-469. Suspension of work.

If the Building Official finds that the work is not being performed in accordance with the approved plans, specifications, or permit conditions, or problems have arisen requiring a modification of the plans, the work may be stopped by order of the Building Official. No further construction shall be performed until the necessary corrective measures have been determined and revised plans have been submitted to and approved by the Building Official.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-470. Notification of work completion.

(a) When the grading work has been completed, the Building Official shall be notified. Final approval and release of bond shall not be granted until all the work has been completed and the "as-built" grading plan and any required reports have been submitted and approved by the Building Official.

(b) If the design engineer finds that the work is not being done in conformance with this chapter, the permit, the approved plans, or accepted practices, he shall immediately notify the person in charge of the grading work, the permittee, and the Building Official in writing, including recommendation of necessary corrective measures.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-471. Termination of services by private civil engineer.

If the private civil engineer authorized by the Building Official to perform the inspection work terminates his duties for any cause prior to completion, he shall write the Building Official within 48 hours of such termination, and of the status of the work at his last inspection. The Building Official shall immediately suspend the permit until either a new civil engineer acceptable to the Building Official is retained by the permittee, or the County takes over the inspection and additional inspection fees are paid.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-472. Certificate of compliance.

A private civil engineer authorized by the Building Official to perform the inspection work shall certify that all grading was completed in compliance with the permit and approved plans, and shall furnish "as-built" grading plans.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-473, C12-474. Reserved.

Part 4.
Responsibility of Permittee

Sec. C12-475. Compliance with permit requirements and plans.

The property owner shall be responsible for compliance with the requirements of this chapter and related laws.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-476. Protection of utilities.

The property owner shall be responsible for the prevention of damage to any public utilities or services.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-477. Protection of adjacent property, public health, safety.

The property owner and the person(s) doing or causing or directing the grading are responsible for the prevention of damage to any other property, public health, and safety. No person shall grade, fill, or excavate on any land so as to endanger any public street, sidewalk, alley, or any other public or private property, or public health and safety without supporting and protecting such property and persons from damage.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-477.1. Environmental protection.

The property owner and the person(s) doing or causing or directing the grading are responsible for protecting environmentally sensitive areas on or near the site, such as creeks, streams, wetlands, lakes, springs, trees, and riparian habitat that could be affected by the grading. The grading shall be conducted in a manner which minimizes and mitigates environmental damage.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-478. Start of work notice.

The property owner shall be responsible for notifying the Building Official, and any retained private registered civil engineer, whether retained by the County or by the permittee, at least 24 hours prior to the start of work.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-479. Temporary erosion control.

The property owner and the person(s) doing or causing or directing the grading shall put into effect and maintain all precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding, or deposition of mud or debris originating from the site. Precautionary measures must include provisions of properly designed erosion prevention and sediment control measures, so that downstream properties are not affected by upstream erosion or sediment transport by stormwater.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-480--C12-482. Reserved.

Part 5.
Responsibility of Owner

Sec. C12-483. Hazard from existing grading.

Whenever the Building Official determines that any existing excavation, embankment or fill has become a hazard to life or limb, or endangers structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment, or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, shall within the period specified therein repair, reconstruct or remove such excavations, embankment, or fill to eliminate the hazard.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-484--C12-487. Reserved.

ARTICLE 5.
DESIGN STANDARDS

Part 1.
Generally

Sec. C12-488. Minimum standards.

In the absence of supported recommendations by the design registered civil engineer, or as excepted by the Building Official, the following minimum standards shall apply.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Part 2.
Cuts

Sec. C12-489. Maximum slope.

(a) Cuts shall not be steeper in slope than 1 1/2 horizontal to one vertical, unless a soils engineering and/or an engineering geology report is filed certifying that the site has been investigated and indication that the proposed steeper slope will be stable and will not endanger any private or public property, or result in the harmful deposition of debris on any public way or interfere with any existing drainage course.

(b) The Building Official may require the excavation to be made with a cut face flatter in slope than 1 1/2 horizontal to one vertical if necessary for stability and safety. Cut slopes shall be rounded into the existing terrain to produce a contoured transition from cut face to natural ground.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-490. Drainage terraces (cuts).

Cut slopes exceeding 30 feet in vertical height shall have drainage terraces at vertical intervals not exceeding 25 feet except that where only one terrace is required, it shall be at approximately mid-height, unless some other location is approved by the County Surveyor. The design and construction of the drainage terraces shall conform to the requirements of this chapter.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-491. Expansive soils.

If during the grading operation expansive soil is found within two feet of the finished lot grade of any area intended or designed as the location for a building, the permittee shall cause such expansive soil to be removed from such building area to depth specified by the soils engineer, and replaced with nonexpansive soil properly compacted; provided, however, the Building Official may, upon receipt of a report by a civil engineer certifying that he has investigated the property and recommends a design of footings or floor slab or other procedure that in his opinion will alleviate any problem created by such expansive soil, waive the requirement.

____ C12-491>

(Ord. No. NS-1203.109, § 1, 1-9-01)

____

Part 3.
Fills

Sec. C12-492. Generally.

Fill shall be constructed in layers. The loose thickness of each layer of fill material before compaction shall not exceed eight inches. Completed fills shall be stable masses of well integrated materials bonded to adjacent materials and to the materials on which they rest. Fills shall be competent to support anticipated loads and be stable at the design slopes shown on the plans. Proper drainage and other appropriate measures shall be taken to ensure the continuing integrity of fills.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-493--C12-494. Reserved.

Sec. C12-495. Compaction.

All fills shall be compacted throughout their full extent to a minimum of 90 percent of maximum density as determined by Test Method No. Calif. 216-G, or other alternate methods approved by the Building Official. Sufficient tests shall be made for reasonable assurance of compliance with the provisions of this chapter.

Exceptions:

(a) Compaction may be less than 90 percent of maximum density, as determined by the above test, within six inches of the slope surface when such surface material is placed and compacted by a method acceptable to the Building Official for the planting of the slopes.

(b) Fills not intended to support structures or roads need not be compacted to these standards if the applicant's civil engineer determines that such compaction is unnecessary for safety and the purpose of the grading, and the Building Official concurs.

The Building Official may require that an investigation be made by soils laboratory to establish the characteristics of the soil, the amount of settlement to be expected and the susceptibility of the soil to erosion or slippage.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-496. Preparation of ground to receive fill.

The natural ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, top soil, or other incompetent material, and where slopes are five horizontal to one vertical, or steeper, by benching into competent material. The lowermost bench shall be at least six feet wide, except where recommended by the civil engineer as not being necessary. Subdrains shall be provided under all fills placed in natural water courses and in other locations where seepage is evident. Such subdrainage systems shall be of a material and design approved by the soils engineer and acceptable to the Building Official. The location of the subdrains shall be shown in plan and elevation views on the plan.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-497. Fill slopes.

No fill shall be made which creates an exposed surface steeper in average slope than two horizontal to one vertical, exclusive of benches and exclusive of surroundings described herein, unless permitted by the County Surveyor after receipt of a report by a civil engineer, based on appropriate laboratory tests, certifying such steeper slope will be stable and support erosion control plantings, when required. The Building Official may require that the fill be constructed with an exposed surface flatter than two horizontal to one vertical, or may require such other measures as he deems necessary for stability and safety. Fill slopes shall be rounded into existing terrain to produce a contoured transition from fill face to natural ground and abutting cut or fill surfaces where conditions permit.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-498. Fill material.

No organic material shall be permitted in fills. Rock or similar irreducible material with a maximum dimension greater than eight inches shall not be buried or placed in fills within two feet of finished grade. When such greater size material is placed in fills it shall be done in accordance with specifications prepared by the design civil engineer, and must be approved by the Building Official.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-499. Drainage terraces (fills).

Fill slopes exceeding 30 feet in vertical height shall have drainage terraces at vertical intervals not exceeding 25 feet, except that where only one terrace is required, it shall be at approximately mid-height unless some other location is approved by the Building Official. Such drainage terraces shall be at least six feet wide and shall be designed and constructed so as to provide a swale or ditch having a minimal depth of one foot and a longitudinal grade of not less than four percent nor more than 12 percent. There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that slope debris will remain in suspension on the reduced grade. Downdrains or drainage outlets shall be provided at approximately 300-foot intervals along the drainage terrace or an equivalent location. Downdrains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal. The terrace, including the swale or ditch, shall be protected from erosion by specially designed drainage way that discharges into a safe disposal area. If the drainage discharges onto natural ground, adequate erosion prevention measures shall be provided.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-500. Slopes to receive fill.

Fill placed on the top of an existing or proposed cut or natural slope shall be set back a minimum distance of six feet measured horizontally. Tests to determine the density of compacted fills shall be made on the basis of not less than one test for each two-foot vertical lift of the fill, but not less than one test for each 1,000 cubic yards of material placed. Additional density test at a point approximately one foot below the fill slope surface shall be made on the basis of not less than one test for each 1,000 square feet in slope surface, but not less than one test for each ten-foot vertical of slope height. Additional tests may be required throughout the fill as determined by the inspector for the County Surveyor. All tests shall be reasonably uniformly distributed within the fill or fill slope surface. Results of such testing and location of tests shall be presented in the periodic and final reports.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-501. Expansive soils.

In areas intended or designed to support buildings, expansive soil shall not be placed within two feet of the finish grade in such building areas unless recommended by a civil engineer based on laboratory tests and certifying that a design of footings or floor slab or other procedure will alleviate problems created by placing the expansive soil within such building areas.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-502--C12-504. Reserved.

Part 4.
Setbacks

Sec. C12-505. Generally.

Cuts and fills shall be set back from property lines and from existing buildings as shown in Figure 2. The Building Official may increase these dimensions based on information that he has showing that the dimensions do not provide adequate safely or comply with other County ordinance requirements.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-506--C12-509. Reserved.

Part 5.
Drainage

Sec. C12-510. General.

The drainage structures and devices required by this division shall be designed and constructed in accordance with the adopted Santa Clara County Drainage Manual and Standards.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-511. Stormwater and subsurface water disposal requirements.

All drainage facilities shall be designed to carry surface and subsurface waters to the nearest practical street, storm drain or natural watercourse. Adequate provisions shall be made to avoid damage to adjacent and downstream properties. The following additional restrictions also shall apply:

(a) Water shall not be allowed to pond above cut or fill slopes or on drainage terraces. Adequate drainage facilities shall be provided to prevent such ponding.

(b) Areas designed for buildings shall be graded to provide at least one percent grade, away from the building.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-512--C12-514. Reserved.

Part 6.
Erosion Control

Sec. C12-515. Slope protection.

Adequate provision shall be made to minimize damage to the face of cuts and fills. Down slopes shall be protected from surface water runoff from above by dikes, swales or cut-off ditches, or other measures, as needed.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-516. Dikes, swales and ditches.

Dikes, swales and ditches, when required, shall be designed and constructed to control runoff and erosion from graded areas. Where concentrated drainage discharges onto natural ground, effective measures shall be taken to dissipate the energy and, where practical, release the accumulated waters as sheet flow, unless the discharge is into a storm sewer or natural water course.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-517. Erosion prevention and sediment control measures.

All grading plans shall include the retained registered civil engineer's and/or landscape architect's recommendations for erosion prevention and sediment control measures.

During the period of October 15 to April 15, or other dates as determined by the Building Official, all planned erosion prevention and sediment control measures shall be installed by the time of the initial "grade stake" inspection, unless approval for phased control measure installation is requested of and granted by the Building Official prior to grading or construction permit issuance.

Grading projects that are started but not completed by October 15 of each year are to be "winterized" by installation of planned erosion prevention and sediment control measures, which shall be maintained in good repair through the April 15 following, and until the project is completed.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-518. Reserved.

Part 7.
Planting of Slopes

Sec. C12-519. General.

The loss of trees, ground cover, and topsoil shall be minimized on any grading project. In addition to mechanical methods of erosion control, graded areas shall be protected to the extent practical from damage by erosion by planting grass or ground cover plants and/or trees. Such plantings shall provide for rapid, short-term coverage. A plan by a landscape architect may be required by the Building Official.

Where permanent landscaping or construction will not provide a timely ground cover, interim plantings may be required by the Building Official.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-520. Minimum requirements for slopes over 15 feet in vertical height.

In addition to planting with grass and/or ground cover, slopes in excess of 15 feet in vertical height shall be planted with shrubs in 2 1/4-inch pots, or larger, spaced at intervals not to exceed ten feet on centers, or trees having a one-gallon minimum size at 20-foot intervals, or a combination of shrubs and trees at equivalent spacing appropriate to the species. The plants selected and the planting methods to be used shall be suitable for the soil and climate conditions of the site. A landscaping plan and planting and maintenance instructions prepared by a landscape architect may be required.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-521. Timing of planting.

The planting shall be completed as soon as practical, and not more than 90 days after completion of the grading, or of a portion thereof on phased projects.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-522. Vegetation removal.

If the project is abandoned after vegetation removal has taken place, the area shall be planted as provided herein. If the work is suspended for an extended period, the Building Official may require interim planting as needed to control erosion and sediment transport.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-523, C12-524. Reserved.

Sec. C12-525. Irrigation.

(a) Slopes required to be planted shall be provided with an approved system of irrigation where needed for plant propagation and continued maintenance. The irrigation system plans shall be submitted and approved as a part of the grading permit. If hose bibs are installed, they must be at conveniently accessible locations where a hose no longer than 50 feet is necessary for irrigation.

(b) The requirement for a permanent irrigation system may be modified upon the recommendation of a landscape architect based on the type of plants selected, the planting methods, and the soil and climatic conditions at the site.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-526. Establishment of planting.

The planting and irrigation system required by this section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of the total grading bond, the planting shall be well established.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-527. Other standards.

The Building Official may adopt supplementary engineering standard details as may be appropriate for the carrying out of the provisions of this chapter. Such standards shall be published and filed in the Building Official's office and the office of the Clerk of the Board of Supervisors.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-528--C12-530. Reserved.

ARTICLE 6.
IMPROVEMENT AGREEMENT AND SECURITIES

Sec. C12-531. Bonds required.

The Building Official shall require a bond or surety deemed necessary to assure faithful performance of the work on approved form. A permit shall not be issued for work deemed hazardous unless the permittee first posts a cash bond or improvement security approved by the Building Official in sufficient amount to cover the cost of required work.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-532. Failure to complete work.

Each bond shall remain effective until completion of the work satisfactory to the Building Official. Upon failure to complete the work or failure to comply with all of the terms of the permit, the County may do the required work or cause it to be done, and collect from the permittee or surety company all costs, including administrative costs, incurred for completing the work. Any unused portion of a cash bond shall be refunded after deduction by the County of the total cost of said work.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-534. Cash bonds.

For sites of extraordinary environmental concern or significance, the Building Official may require that the amount of the bond attributable to erosion prevention and sediment control measures shall be provided as a cash bond, to allow for a rapid response, should urgent implementation of remedial measures become necessary.

(Ord. No. NS-1203.109, § 1, 1-9-01)

ARTICLE 7.
ENFORCEMENT

Part 1.
Liability

Sec. C12-535. Generally.

Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions hereof, or with any conditions imposed in a permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, or impose any liability upon the County for damage to other persons or property.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Part 2.
Access and Enforcement

Sec. C12-536. Right of entry.

Whenever necessary to enforce the provisions of this chapter, the Building Official or his authorized representative may enter the premises at all reasonable times to perform any duty imposed by this chapter; provided, that if such premises are occupied, he shall first present proper credentials and request entry if the premises are unoccupied, a reasonable effort to locate the owner or other persons having control of the premises will be made.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-536.1. Inspection warrant.

The Building Official may request the County Counsel and/or District Attorney to obtain an inspection warrant when access to the property has been denied by the owner or other person controlling the property.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-537. Hazardous conditions.

When the Building Official determines that any existing grading is a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, or causes environmental damage, the owner of the property or agent in control or possession of said property, upon receipt of notice in writing from the Building Official shall, within the period specified therein, eliminate the hazard. If the grading presents an immediate hazard, the Building Official may eliminate the hazard without giving the notice provided for herein above.

(a) Whenever the Building Official eliminates a hazard as authorized herein, the person responsible for the hazard shall pay the County for the costs thereof. When such hazard exists on private property, it shall be deemed a nuisance.

(b) If a permit has been issued and hazardous condition develops, the Building Official may suspend, modify or revoke the permit.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-538. Stop work order.

If the Building Official finds any grading work for which a permit is required but not issued, or the grading is in substantial noncompliance with a permit issued to the property owner or the plans and specifications relating thereto, the Building Official may order the work stopped by posting a notice on the site, or by written notice.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-539. Reserved.

Sec. C12-540. Written notices.

Unless otherwise provided herein, service of a written notice shall be accomplished by personal service or by mailing a copy of said noticed by regular mail to the owner of the property at the address shown on the latest equalized assessment roll and to any other person, firm or corporation responsible for the grading work, at any address known to the Building Official, and notice shall be deemed received on receipt of said notice, if personally served, or on the third day after the notice was deposited in the United States mail, if mailed.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-541--C12-544. Reserved.

Part 3.
Abatement of Violations

Sec. C12-545. General.

Whenever the Building Official determines that grading work violates this chapter, the Building Official shall order the violations abated in accordance herewith by issuing a notice of violation and/or a notice to abate the violation to the property owner(s) and any other involved parties.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-546. Posting notice.

A notice of violation shall be posted on the property near the illegal grading, and a copy shall be transmitted to the owner. Failure to provide said notice, however, shall not affect proceedings to correct a violation.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-547. Recorded notice of violation and appeals.

The Building Official shall record a notice of grading violation in the office of the County Recorder, and shall notify the owner of the affected real property and any other known party responsible for the violation. If the property owner or other responsible party disagrees that the grading violates this chapter, a written appeal and proof may be submitted to the Building Official, including documentation and engineering reports. This appeal is administrative in nature. The Building Official's decision on an administrative appeal may be appealed to the Planning Commission and the Board of Supervisors, in the manner provided in this chapter. The appeal to the Planning Commission may be filed within 30 calendar days from the date of service of written notice of violation, and shall be filed within 30 days after the decision of the Building Official on administrative appeal.

(Ord. No. NS-1203.109, § 1, 1-9-01; Ord. No. NS-1203.110, § 3, 9-5-01)

Sec. C12-548. Required correction.

The property owner is required to correct the grading violation by either obtaining a grading abatement permit, or by abating the illegal work in accordance with an abatement order issued by the Building Official. The abatement order may include requirements to safeguard the health, safety and welfare of the public and requirements for remediation of environmental damage caused by the illegal grading, and may prevent the owner of the property or person doing the illegal grading from obtaining the benefit of the grading until compliance with this chapter is achieved. All work shall be performed in accordance herewith, employing generally accepted engineering principles and designs specified or approved by the Building Official. Inspection of the abatement of a grading violation shall be provided by the Building Official for all work performed.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-549. Reserved.

Sec. C12-550. Notice of expungement.

A notice of expungement of the notice of violation shall be recorded with the County Recorder when:

(a) The Building Official or other appellate authority determines that a grading permit is not required; or

(b) All remedial work has been completed and approved by the Building Official.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-551. Noncompliance with abatement notice.

At such time as the Building Official has investigated the illegal grading, he may revise the abatement order. If the condition of the illegal grading has changed, the Building Official may require new or revised plans and may grant written time extensions for good cause. Noncompliance with the terms, conditions or time schedule of the abatement notice as required by the Building Official, shall terminate the processing of any plans previously submitted.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-552. Suspension and revocation of permit.

Grading pursuant to permit must comply with the permit and the plans and specifications related thereto. Significant modifications must be approved by the Building Official. The Building Official may suspend or revoke any grading or construction permit for good cause, including but not limited to: performing grading work on adjacent property without written permission, failure to follow approved plans, failure to call for inspections, failure to implement required erosion prevention and sediment control measures, and performing grading work without obtaining required permits or clearances from state and/or federal agencies.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-553. Denial of other applications.

No final map or parcel map shall be filed with the County Recorder; and no petition for change of zone or application for subdivision, lot line adjustment, single building site approval, use permit or special permit shall be accepted as complete; and no building permit, septic tank, water, sewer, electric or other permit shall issued to any applicant for any premises or portion thereof which has been graded in violation of this chapter and not corrected pursuant to Section C12-548. Upon written request of the applicant, the approving authority may waive the provisions of this section whenever corrective work has commenced pursuant to the provisions of Section C12-548 or whenever an applicant has obtained a permit to perform corrective work and has executed an agreement to perform corrective work secured by an adequate bond. A waiver may not be granted if the approving authority determines that the existing violation presents safety hazard, nuisance or risk of severe environmental damage.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Part 4.
Legal Proceedings

Sec. C12-554. Penalties.

Notwithstanding Section C1-72, any person, firm or corporation, whether as principal, agent, employee, contractor or otherwise, violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the County jail for a period not exceeding six months or both fine and imprisonment. Each such person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed or permitted by such person, and shall be punished for each separate offense.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-555. Citation authority.

Pursuant to California Penal Code § 836.5, the Building Official and his/her deputies are hereby authorized to enforce the provisions of this chapter and to issue citations for violations thereof.

There shall be no civil liability on the part of, and no cause of action shall arise against, the Building Official or his/her deputies acting pursuant to this section and within the scope of his/her authority.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Sec. C12-556. Additional remedies.

(a) Any violation of this chapter or the codes adopted hereunder is hereby declared to be unlawful and a public nuisance.

(b) If this chapter is violated or there is noncompliance with the abatement order provided for, the Building Official may request the County Counsel and/or the District Attorney to initiate legal action.

(c) The remedies provided herein are not exclusive, and shall be in addition to any other remedy or penalty provided by law for violation of this chapter.

(Ord. No. NS-1203.109, § 1, 1-9-01)

Secs. C12-557--C12-599. Reserved.

CHAPTER IV.
GEOLOGIC PROVISIONS*

------------

Editor's note--Ord. No. NS-1203.111, § 1, adopted March 19, 2002, amended Ch. IV, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Ch. IV pertained to similar subject matter. See the Code Comparative Table for a detailed analysis of inclusion of Ord. No. NS-1203.111.

Cross reference(s)--Geologic hazard abatement districts, Div. C15.

------------

ARTICLE 1.
GENERAL PROVISIONS AND DEFINITIONS

Part 1.
General Provisions

Sec. C12-600. Purpose.

This chapter is enacted for the purpose of establishing minimum requirements for the geologic evaluation of land based on proposed land uses. It further establishes procedures to enforce these requirements, including rules and regulations for the development of land which is on or adjacent to known potentially hazardous areas, or which has the potential to create or increase the risk of geologic hazard. The provisions of this chapter also are intended to ensure that the County fulfills its duties under state law regarding geologic hazards, including the Alquist-Priolo Earthquake Fault Zoning Act and the Seismic Hazards Mapping Act. This chapter may be cited as the "Santa Clara County Geologic Ordinance."

(Ord. No. NS-1203.111, § 1, 3-19-02)

Secs. C12-601--C12-604. Reserved.

Part 2.
Definitions

Sec. C12-605. Applicable definitions.

In addition to the definitions covering this entire division, the following definitions are applicable to this chapter.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.1. Alluvium.

"Alluvium" is the deposits of sand, gravel, clay or silt or a mixture thereof which are unconsolidated or semiconsolidated (see also surficial deposits).

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.2. Bedrock.

"Bedrock" is the solid, undisturbed rock in place either at the ground surface or beneath surficial deposits of loose rock or soil.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.3. Civil engineer.

"Civil engineer" is a professional engineer registered as a civil engineer by the State of California.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.4. Construction observation letter.

"Construction observation letter" is a letter authored and signed by the project consulting engineering geologist and/or soils engineer indicating that he/she has observed the relevant portions of construction and found them to be in conformance with the recommendations presented in the approved geologic report.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.5. Consulting engineering geologist.

"Consulting engineering geologist" is an engineering geologist retained by a property owner or applicant for development of property to perform a geologic investigation of a property or site.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.6. County Geologist.

"County Geologist" is the engineering geologist designated by the Planning Director as the County Geologist of the Environmental Resources Agency.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.7. County geologic hazard zones.

"County geologic hazard zones" shall include fault rupture hazard zones, landslide hazard zones, compressible soils hazard zones, dike failure flooding hazard zones, and liquefaction hazard zones (which includes United States Geological Survey Open File Report 00-444) as adopted by the Board of Supervisors. This term shall also include any seismic hazard zones officially adopted by the State of California, unless the Board of Supervisors determines otherwise. Maps illustrating such zones are on file with the County Geologist and the County Planning Office.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.8. Earthquake.

"Earthquake" is a sudden shaking of the earth caused principally by the abrupt release of slowly accumulated strain through sudden displacement of bedrock.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.9. Engineering geologist.

"Engineering geologist" is a registered geologist certified as an engineering geologist by the State of California.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.10. Engineering geology.

"Engineering geology" is the application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purposes of assuring that geological factors are recognized and adequately interpreted in engineering practice.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.11. Excavation.

"Excavation" is any act which causes earth, sand, soil, gravel, rock or any other material to be cut into, dug, drilled, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.12. Existing grade.

"Existing grade" is the existing ground surface elevation prior to excavation or filling.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.13. Fault.

"Fault" is a fracture in the earth's crust forming a boundary between rock or soil masses that have moved relative to each other.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.14. Fault rupture.

"Fault rupture" is the deformation of the ground surface that results from displacement along a fault. Fissures and cracks are common features indicating the occurrence of fault rupture.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.15. Fault trace.

"Fault trace" is the intersection of the fault plane with the ground surface. Most fault traces are less than 20 feet in width.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.16. Fault zone.

"Fault zone" is a corridor of variable width along one or more fault traces. Most fault zones range from one-quarter mile to one mile in width.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.17. Fill.

"Fill" is the placement of soil, rock or other materials by man, and shall include the conditions resulting therefrom.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.18. Finish grade.

"Finish grade" is the final surface elevation or grade of the work.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.19. Geologic report.

"Geologic report" is a report prepared and signed by an engineering geologist which provides an adequate description of the geology of the site and surrounding area with recommendations regarding the interrelated effects of geological conditions and the development as proposed. A detailed definition is provided in this chapter.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.20. Geophysical traverse.

"Geophysical traverse" is an indirect method of determining the location of faults, or other subsurface discontinuities, through geophysical measurements involving seismic waves, gravity, magnetics, electrical resistivity or other techniques.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.21. Geotechnical engineer.

"Geotechnical engineer" is a registered civil engineer certified as a geotechnical engineer by the State of California.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.22. Grading.

"Grading" is any excavation or filling of land, or combination thereof.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.23. Landslide.

"Landslide" is a general term for the downslope movement of a mass of soil, surficial deposits or bedrock. Landslide movement is relatively rapid compared with soil or rock creep movement. The term is used more generally by some geologists to indicate the area of sliding or even the deposits resulting from landslide movement.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.24. Liquefaction.

"Liquefaction" is a process by which certain water saturated soils turn to quicksand because of prolonged, strong ground shaking and increase of groundwater pore pressure.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.25. Seismic trench.

"Seismic trench" is an excavation across a suspected fault trace.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.26. Plan review letter.

"Plan review letter" is a letter authored and signed by the project consulting engineering geologist and/or soils engineer indicating that he/she has reviewed the plans for the proposed project and found them to be in conformance with the recommendations presented in the approved geologic report.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.27. Soil creep.

"Soil creep" is the gradual and steady downslope movement of shallow soil and loose rock material.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.28. Soils report.

"Soils report" is a report concerning soils engineering aspects of a site or project, and prepared by a civil engineer registered in the State of California and qualified in the field of geotechnical engineering.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.29. Soils engineer.

"Soils engineer" is a civil engineer registered in the State of California and qualified in the field of geotechnical engineering.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-605.30. Surficial deposits.

"Surficial deposits" are unconsolidated deposits which are formed at the earth's surface and generally transported by water, wind, ice or by human activity. They sometimes form in place through weathering of pre-existing materials. (See also "alluvium.")

(Ord. No. NS-1203.111, § 1, 3-19-02)

ARTICLE 2.
COUNTY GEOLOGIC HAZARD ZONES

Sec. C12-606. County geologic hazard zones and maps.

The official Santa Clara County geologic hazard zones and maps illustrating these zones are herein adopted and may be amended from time to time by resolution of the Board of Supervisors. Said official zones and maps illustrating such zones are on file with the County Geologist and the County Planning Office, and are a major basis for determination by the County Geologist as to whether a geologic report shall be required for proposed development.

(Ord. No. NS-1203.111, § 1, 3-19-02)

ARTICLE 3.
REVIEW PROCESS

Part 1.
General

Sec. C12-607. Review requirements.

A geologic investigation may be required for any proposed development within a geologic hazard zone or when the proposed development may create or increase the risk of geologic hazard. The County Planning Office and/or the County Geologist shall review land development applications, building permit applications and land use proposals using maps showing the official County geologic hazard zones, other maps and pertinent data, including, but not limited to previous investigations of the subject property, to determine if a geologic investigation is required.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Part 2.
Types of Reports

Sec. C12-608. General.

The types of geologic reports that may be required are described in Sections C12-609 through C12-611.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-609. In-depth geologic report.

An in-depth geologic report is a detailed report, based on a site-specific investigation and evaluation, containing a thorough description of the geology of the site and all other potentially affected areas, with recommendations relating to proposed or potential development. It may be required for proposed developments located in County geologic hazard zones.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-610. Feasibility geologic report.

A feasibility geologic report is a report used to evaluate proposed subdivisions of land in order to identify potentially satisfactory building sites on each proposed parcel. The feasibility report is intended to provide general information about the geologic condition of the property and adjacent areas for guidance in decisions on land use and subdivision. An in-depth geologic report may be required by the County Geologist if the information in the feasibility geologic report or other geologic data indicates that further investigation is needed to properly evaluate the application.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-611. Geologic letter report.

A geologic letter report is a simplified geologic report prepared to evaluate single-family dwellings or minor grading, which does not include subsurface exploration or illustrations of the site. This geologic evaluation shall include potential effects of development on adjacent properties. An in-depth geologic report may be required if the County Geologist determines that the information in the geologic letter report or other geologic data indicates that further investigation is needed to properly evaluate the application.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Part 3.
Requirements for In-Depth and Feasibility Geologic Reports

Sec. C12-612. General.

The following minimum information shall be provided with all in-depth geologic reports and feasibility geologic reports. These minimum requirements are intended to establish uniform quality standards in all geologic reports submitted for review by the County Geologist.

a. Original signature and certification number. The original signature and certification number of the consulting engineering geologist who authored the report shall be affixed to the geologic reports.

b. Index map. The site location and the regional setting of the proposed development shall appear on the index map. A map showing the County geologic hazard zones in the vicinity of the site is recommended.

c. Area geologic map. A geologic map of the site vicinity at a scale of one inch equals 2,000 feet with the parcel outlines and the source(s) of the geologic data. An explanation defining the geologic features mapped at and near the site shall also be included.

d. Site geologic map. A geologic map of the site at a scale of one inch equals 100 feet or larger showing geologic contacts, faults, landslides, borings, trenches, and any other field data points, parcel boundaries, proposed locations of improvements, limits of setbacks from hazardous areas, and recommended building envelopes. If geologic structure sections are included in the report, the lines of each section shall be indicated on the site geologic map.

e. Geologic structure sections. Actual or probable subsurface relations shall be shown without vertical exaggeration. Relations that are conjectural shall be clearly labeled as such.

f. Statement of conclusions and recommendations. A statement of conclusions and recommendations describing the geologic suitability of the site for the proposed development with recommendations for further work, if warranted, shall be included. A statement regarding methods of study and the approximate field time spent on the subject site is also required. A statement regarding the interrelated effects of existing or potential geologic hazards upon the proposed development and of the proposed development on geologic hazards and off-site properties shall be given. No geologic report shall be considered complete unless it considers appropriate locations for access roads, driveways, graded areas (cut or fill) and leach fields (unless the property is to be sewered).

g. List of references of geologic literature. A list of references used in evaluation of the site shall be submitted, including any aerial photographs used as a basis for recommendations and conclusions.

h. Additional information. Any additional information determined by the County Geologist to be necessary to evaluate the effects of the proposed land use may be required.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Part 4.
Requirements for Geologic Letter Reports

Sec. C12-613. Geologic letter report.

A geologic letter report shall include, but not be limited to, the items listed in Section C12-612(a), (b) and (f). A geologic sketch map and/or geologic structure section may be required if relationships are complex and difficult to describe in writing.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Part 5.
Time for Submittal, Review and Fees

Sec. C12-614. Time for processing.

The timing for submittal, review, and approval of investigations and reports with respect to the various land development projects shall be as described in this part.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-615. Residences, single building sites and mobile homes.

Where a geologic investigation is required for a residence, single building site or mobile home site, a report shall be prepared and submitted for review by the County Geologist. The report must be approved by the County Geologist prior to final action on the application. The decision of the County Geologist shall provide a basis for approval, or disapproval, of the application by the advisory agency, or other approval authority, and for guidance as to the location of proposed structures and improvements.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-616. Subdivision.

Where a geologic investigation is required for a proposed subdivision, a report shall be prepared and submitted for review by the County Geologist. The report must be approved by the County Geologist. The County Geologist's approval of the report must be obtained as follows:

a. Prior to final approval of the tentative map; or

b. Prior to final approval and recordation of the final map, if the Board of Supervisors finds, based on the recommendation of the County Geologist, that existing geologic information justifies delay of the report beyond the tentative map stage.

The decision of the County Geologist shall provide a basis for approval, or disapproval, of the application by the Board of Supervisors and for a determination of the number of usable lots, lot design, circulation systems, and other conditions and mitigations.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-617. Grading.

Where a geologic investigation is required for proposed grading, a report shall be prepared and submitted for review by the County Geologist. The County Geologist's approval of the report must be obtained prior to issuance of a grading permit.

The decision of the County Geologist shall provide a basis for approval, or disapproval, of the grading permit application and for guidance as to the design and control of the proposed grading and its effect on adjoining property. The County Geologist may require a plan review letter to be submitted prior to approval of the grading permit and/or a construction observation letter to be submitted prior to final inspection of the grading.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-618. Zone changes and use permits.

Where a geologic investigation is required for a proposed zone change or use permit, a report shall be prepared and submitted for review by the County Geologist. The County Geologist's approval of the report must be obtained prior to Planning Commission action or recommendation to the Board of Supervisors. The decision of the County Geologist shall provide a basis for approval or disapproval of the application and for conditions to be imposed on the zone change or use permit.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-619. Building permit.

Where a geologic investigation is required, a geologic report shall be prepared and submitted for review by the County Geologist. The County Geologist's approval of the report must be obtained prior to issuance of the building permit. The County Geologist may require a plan review letter to be submitted prior to approval of the building permit and/or a construction observation letter to be submitted prior to final inspection of the project.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-620. Review and approval of geologic reports.

Geologic reports submitted as required by this ordinance shall be reviewed by the County Geologist for completeness and adequacy in accordance with the standard of care used in the profession of engineering geology as practiced in the State of California. Guidelines issued by the California Division of Mines and Geology shall be considered in the review. In order for the County Geologist to find that geologic reports are complete and adequate, the reports must meet the minimum standards in this ordinance and present sufficient data to support conclusions regarding the extent and magnitude of the geologic hazards and the potential risks related to the proposed development.

If the geologic report is incomplete or inadequate, the applicant shall be required to submit additional information prepared by the consulting engineering geologist to address identified inadequacies. When the geologic report and any other supplemental information are found to be complete and adequate, the County Geologist shall approve the report and recommend specific conditions and requirements to be incorporated into any permits or other development approvals.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-621. Fees.

A geologic report submitted for review by the County Geologist shall be accompanied by a fee in an amount prescribed by resolution of the Board of Supervisors.

(Ord. No. NS-1203.111, § 1, 3-19-02)

ARTICLE 4.
ACKNOWLEDGMENT STATEMENT

Sec. C12-622. General.

Where geologic hazard investigations conducted in association with a proposed land use indicate that development could pose a higher-than-normal risk, development may proceed only after all property owners sign a statement acknowledging the specific geologic hazards and accepting the associated risks and responsibilities. The acknowledgment statement shall contain the following:

a. The names and signatures of all property owners, including holders of security interests.

b. The street address(es) and assessors parcel number of the subject property.

c. A map depicting the subject property signed and stamped by a licensed land surveyor or a registered engineer licensed to practice land surveying.

d. A legal description of the subject property signed and stamped by a licensed land surveyor or a registered engineer licensed to practice land surveying.

e. The title, date and author(s) of all geologic reports prepared or relied on for the proposed land use.

f. A detailed description of the higher-than-normal geologic risks associated with the proposed development.

g. The following statement: "The undersigned owners hereby acknowledge the geologic conditions identified in the referenced reports, agree to mitigate the hazards to the extent feasible, accept all risks associated with geologic hazards including any unidentified hazards, and agree to indemnify, defend, and hold harmless the County of Santa Clara and its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, any development activity or geologic hazards related to this property. This acknowledgment runs with the land and is binding on the undersigned and all of their successors, heirs and assigns."

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-623. Expungement.

An acknowledgment statement may be expunged if subsequent geologic information indicates the geologic hazards no longer exist or have been sufficiently mitigated, and, after reviewing the information, the County Geologist concurs with this conclusion.

(Ord. No. NS-1203.111, § 1, 3-19-02)

ARTICLE 5.
WRITTEN STATEMENT OF DISCLOSURE

Sec. C12-624. Seller disclosure to the buyer.

The seller of real property located partially or wholly within a County geologic hazard zone shall disclose in a written statement to the buyer that the property is located within such zone(s). State laws also require the disclosure of certain geologic hazards to potential buyers.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Secs. C12-625--C12-699. Reserved.

CHAPTER V.
OFFICIAL PLAN LINES*

------------

Note--See editor's footnote to division title.

Cross reference(s)--Department of Planning and Development, § A33-10 et seq.

------------

ARTICLE 1.
GENERALLY

Sec. C12-700. Purpose and scope.

This chapter is enacted to protect and promote the public health, safety, peace, comfort or general welfare and to accomplish more particularly the following purposes:

(a) To provide for the systematic execution of the Circulation Element of the General Plan of the County of Santa Clara, by designating the precise location of planned rights-of-way and limiting the location of buildings and other improvements with respect to planned rights-of-way;

(b) To provide an authentic source of information as to the development of the County for residents and investors.

(Code 1954, § 12.2.1-1; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-701. Citation.

This chapter, which is adopted pursuant to Title 7, Division 1, Chapter 3, Article 8 of the Government Code (Government Code § 65450 et seq.), shall be known and cited as the Official Plan Lines Ordinance of the County of Santa Clara.

(Code 1954, § 12.2.1-2; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-702. Prohibition.

No building, structure or other improvement shall hereafter be erected, constructed, enlarged or placed within the official plan lines established by this chapter or amendments hereto, except that this provision shall not apply to garden and agricultural crop planting. All departments, officials and public employees of the County which are vested with the duty or authority to issue permits, licenses, or grant approval of the subdivision of land, shall conform to the provisions of this chapter and shall issue no such permit, license or approval for uses, buildings, structures, or subdivisions where the same would be in conflict with the provisions of this chapter and any such permit, license, or approval, if issued in conflict with the provisions of this chapter, shall be null and void.

(Code 1954, § 12.2.1-3; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-703. Definitions.

The following definitions shall apply in the interpretation of this chapter:

(a) Map: An illustration, including a drawing, aerial photograph, or photomap, accurately indicating the precise location of a planned right-of-way or portion thereof.

(b) Official plan line: The boundaries and limits of a planned right-of-way, including the future right-of-way of an existing street as it is proposed to be widened and including all lands necessary for the building, widening or maintenance of any road, street, highway, or any other type of public way, which planned right-of-way is based on the General Plan of the County of Santa Clara.

(c) Right-of-way: All or any part of the entire width of a road, street, or highway easement whether or not such entire area is actually used for road, street or highway purposes.

(Code 1954, § 12.2.1-4; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

ARTICLE 2.
DESIGNATION OF OFFICIAL PLAN LINES

Sec. C12-704. Incorporation of maps into chapter.

Official plan lines shall be clearly delineated on maps which, together with all data and information indicated thereon, shall upon adoption by the Planning Commission and the Board of Supervisors be made a part of this chapter and be incorporated herein under Article 3 of this chapter.

(Code 1954, § 12.2.2-1; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-705. Map identification and certification.

Each map adopted pursuant to the provisions of this chapter shall be designated "Official Plan Lines of (here shall be inserted the name of the street or highway) between (here shall be inserted the names of the streets or other appropriate places which identify the ends of the particular official plan lines) ." Each map shall have the following certificates which may either be placed directly on the map or attached to it:

I hereby certify that this map (or, the map attached hereto), consisting of <#rule> sheets constitute a precise plan based on the Circulation Element of the General Plan of the County of Santa Clara, which precise plan was recommended for adoption by Resolution No. <#rule> of the County of Santa Clara Planning Commission on .
____ Secretary of the Planning Commission

I hereby certify that this map (or, the map attached hereto), consisting of <#rule> sheets, a portion of Section C12-266 of the Santa Clara County Ordinance Code, which portion was adopted as Ordinance No. <#rule> by the County of Santa Clara Board of Supervisors on .
____ Clerk of the Board of Supervisors

(Code 1954, § 12.2.2-2; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-706. Filing of maps.

The Clerk of the Board of Supervisors shall cause a certified copy of each map adopted pursuant to this chapter and amendments thereto, together with all data and information indicated thereon, to be filed with the Recorder in the office of the Clerk and Recorder.

(Code 1954, § 12.2.2-3; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1204.1, § 1, 8-1-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

____

ARTICLE 3.
MAPS

Sec. C12-707. Maps of lines adopted; streets enumerated.

This article consists of maps which are incorporated by reference in this Code, covering the following streets:
RoadExtentFormer Ord.
Calaveras RoadPiedmont Road to Dempsey RoadNS-1204M.16
Cochran RoadMonterey Highway to 500 feet easterly of Peet RoadNS-1204M.36
Ferguson RoadPass HighwayNS-1204M.33
Hamilton AvenueLewellyn Avenue to San Tomas AquinoNS-1204M.20
Hamilton AvenueSanta Clara-Los Gatos Road to San Jose city limitsNS-1204M.10
Homestead RoadMary Avenue to Calabazas CreekNS-1204M.31
Kifer RoadSunnyvale city limits to Santa Clara-Alviso RoadNS-1204M.11
Leavesley RoadMonterey Highway and PachecoNS-1204M.33
Lincoln AvenueStevens Creek Road to Coe AvenueNS-1204M.8
Mathilda AvenueNS-1204M.1
McKean Road, Unit IHarry Road to Schillingsburg AvenueNS-1204M.25
McKean Road, Unit IISchillingsburg Avenue to Calero ReservoirNS-1204M.26
McKean Road, Unit III4650 feet north of Bailey Avenue to 3150 feet south of Bailey AvenueNS-1204M.37
Meridian RoadWest San Carlos Street to Dry Creek RoadNS-1204M.18
Meridian RoadWest San Carlos Street to Harmon AvenueNS-1204M.18.1
Montague RoadSanta Clara-Alviso Road to San Jose-Alviso RoadNS-1204M.14
Monterey Road (U.S. 101)City of Gilroy to Llagas CreekNS-1204M.4
Monterey Road (U.S. 101)San Jose city limits to Lewis RoadNS-1204M.5
Quito RoadSaratoga Avenue to Southern Pacific RailroadNS-1204M.15
San Tomas Aquino ParkwayCity of Santa Clara to Camden AvenueNS-1204M.19
Santa Clara-Los Gatos RoadCampbell city limits to Stevens Creek RoadNS-1204M.17
Santa Clara-Los Gatos RoadHacienda Drive to Los Gatos city limitsNS-1204M.13
Santa Clara-Los Gatos RoadLatimer Avenue to Hacienda AvenueNS-1204M.9
Santa Teresa BoulevardCottle Road to Palm StreetNS-1204M.22
Santa Teresa BoulevardHecker Pass Highway to Monterey RoadNS-1204M.29
Santa Teresa BoulevardBloomfield Road intersection Palm Avenue and Llagas AvenueNS-1204M.32
Santa Teresa BoulevardSpring Avenue to Hecker Pass HighwayNS-1204M.23
State Highway Route 5City of San Jose to City of Los GatosNS-1204M.2
State Highway Route 5 (revised)City of San Jose to City of Los GatosNS-1204M.2.1
State Highway Route 5San Jose city limits to Alameda County lineNS-1204M.6
Stevens Creek BoulevardRedwood Avenue to approximately 110 feet westerly of Stern AvenueNS-1204M.21
Story RoadSan Jose city limits to Fleming AvenueNS-1204M.7
Tully Road and Swift LaneU.S. 101 (Monterey Road) to Swift LaneNS-1204M.12
Uvas Road, Unit IUvas Dam to Watsonville RoadNS-1204M.27
Uvas RoadCroy Road to 5,000 feet southerlyNS-1204M.34
Uvas Road5,000 feet to 12,000 feet southerly of Croy RoadNS-1204M.35
Watsonville Road, Unit IIUvas Road to Hecker Pass HighwayNS-1204M.24
Watsonville Road, Unit IIUvas Road to 200 feet north of Sunnyside AvenueNS-1204M.28
Watsonville Road, Unit III200 feet north of Sunnyside Avenue to Monterey HighwayNS-1204M.30

(Code 1954, §§ 12.8.3-1--12.8.3.35; Ord. Nos. NS-1204M.1--NS-1204M.36; Ord. No. NS-1204, § 2, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1204.8.37, § 1, 3-22-72; Ord. No. NS-1203.35, § 10, 3-13-78)

____

ARTICLE 4.
VARIANCES

Sec. C12-708. Authority.

The Planning Commission shall hear and decide applications for variances from the terms of this chapter when all of the following circumstances are found to apply:

(a) There are special conditions or exceptional characteristics in the nature of the property affected by the application, including size, shape, topography, location or surroundings, such that a literal enforcement of this chapter in the particular case would result in practical difficulties or unnecessary hardships;

(b) The variance is necessary for the preservation and enjoyment of substantial property rights and will not constitute a grant of special privilege inconsistent with the limitations imposed by this chapter on other properties in the vicinity of the affected property; and

(c) The granting of the variance will not be contrary to the intent of this chapter or to the purposes and objectives of the General Plan of the County.

(Code 1954, § 12.2.4-1; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23. 1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-709. Application for variance.

Any person desiring to obtain a variance from the terms of this chapter shall apply to the Planning Commission by filing an application with the Central Permit Office. The application shall be accompanied by a filing fee in an amount prescribed by resolution of the Board of Supervisors. The application shall state the nature of the variance requested, and be accompanied by a legal description of the affected property and by such exhibits as may be required by the Commission in support of the application.

(Code 1954, § 12.2.4-2; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1204.3, § 1, 11-7-66; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, §§ 8, 10, 3-13-78; Ord. No. NS-1203.42, § 14, 1-8-79)

Sec. C12-710. Notice of hearing.

The secretary of the Planning Commission shall set the time and place where public hearing on the application for variance shall be held and shall cause public notice of such hearing to be mailed to the owners of all property within 300 feet of the property affected by the application at their last known addresses as the same are shown on the most recent records of the County Assessor. The notice shall be mailed at least five days before the date of the public hearing. A similar notice shall be mailed to the applicant and the Director of Public Works. The secretary may give notice to interested cities.

(Code 1954, § 12.2.4-3; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-711. Action by Planning Commission.

The Planning Commission shall hear the matter and render a decision to grant or deny the requested variance. No decision of the Commission on an application for a variance shall become final until the time in which an appeal may be filed with the Board of Supervisors has elapsed without an appeal having been filed.

(Code 1954, § 12.2.4-4; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-712. Conditions.

The grant of any variance may include such conditions as the Planning Commission deems reasonable to carry out any of the provisions of this chapter. Such conditions, without limiting the authority of the Commission in this regard, may include a time limitation.

(Code 1954, § 12.2.4-5; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-713. Revocation or modification of variance.

The Planning Commission on its own motion may, and if instructed by the Board of Supervisors shall, without the filing of any petition, hold a hearing for modifying or revoking a variance which has been granted by the Board of Supervisors or the Commission, pursuant to either the provisions of this chapter or of any ordinance superseded by this chapter. Not less than ten days prior to the date of hearing for modification or revocation, the secretary shall serve upon the owner of the premises involved, a written notice of the time and place of such hearing by certified mail, postage prepaid. The secretary shall also give notice of such hearing to the Director of Public Works.

(Code 1954, § 12.2.4-6; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-714. Action on revocation or modification of variance.

After a public hearing, the Commission may revoke or modify a variance on any one or more of the following grounds:

(a) That the use for which the variance was granted is being, or recently has been, exercised contrary to the terms or conditions of the variance.

(b) That the use for which the variance was granted is not being exercised.

(c) That the use for which the variance was granted has ceased or has been suspended for one year or more.

(Code 1954, § 12.2.4-7; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-715. Appeal from decision of Planning Commission.

The following procedure shall apply in cases of appeal from the decision of the Planning Commission:

(a) Within 15 days after the decision of the Planning Commission on an application for a variance from the terms of this chapter, or on a revocation or modification of a variance previously granted pursuant to either the provisions of this chapter or of any ordinance superseded by this chapter, any person dissatisfied with the action of the Commission may appeal to the Board of Supervisors by filing such appeal with the Central Permit Office. The appellant shall pay a filing fee in an amount prescribed by resolution of the Board of Supervisors.

(b) The appeal shall be heard by the Board of Supervisors within 30 days after the filing of the appeal, provided that the Board of Supervisors may continue from time to time any hearing held by it.

(c) The Clerk of the Board of Supervisors shall set the time and place for the appeal to be heard by the Board of Supervisors. The Clerk shall cause notice of such hearing to be mailed at least five days before the date of the hearing to the same property owners and agencies who received the mailed notice of the hearing before the Planning Commission. A similar notice shall be mailed to the applicant for the variance and the appellant. On an appeal from a revocation or modification of a variance, notice shall be given only to the appellant.

(d) The secretary of the Planning Commission shall transmit to the Board of Supervisors all maps, records, papers and files which constitute the record in the action from which the appeal was taken.

(e) The Board of Supervisors shall hear and decide the matter de novo as if no other hearing had been held. The decision of the Board of Supervisors on an appeal shall be final.

(Code 1954, § 12.2.4-8; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1204.2, § 1, 11-9-65; Ord. No. NS-1204.3, § 2, 11-7-66; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, §§ 9, 10, 3-13-78; Ord. No. NS-1203.42, § 15, 1-8-79)

Secs. C12-716--C12-749. Reserved.

CHAPTER VI.
UNDERGROUND UTILITY DISTRICTS*

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Note--See editor's footnote to division title.

Cross reference(s)--Franchises, Div. B10; underground utilities in subdivisions, § C12-325.

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Sec. C12-750. "Board" defined.

As used in this chapter, "Board" means the Board of Supervisors of the County.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-751. "Commission" defined.

As used in this chapter, "Commission" means the Public Utilities Commission of the State of California.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-752. "Person" defined.

As used in this chapter, "person" means individual, partnership, association, firm, or corporation, public or private, the State of California and its agencies or political subdivisions, and the United States of America, its agencies and instrumentalities, public utility, organization or business trust and any agent, servant, officer or employee of the foregoing.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-753. "Poles and overhead wires and associated overhead structures" defined.

As used in this chapter, "poles and overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, communication circuits, appliances, attachments and appurtenances located aboveground upon, along, across or over the streets, alleys and ways of the County and used or useful in supplying electric, communication or similar or associated service.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-754. "Premises" defined.

As used in this chapter, "premises" means a parcel of real property, including buildings and/or other structures thereon, within an underground utility district or proposed district.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-755. "Property owner" defined.

As used in this chapter, "property owner" means an owner of a parcel of real property, including buildings or other structures thereon, within an underground utility district or proposed district, as shown on the last equalized assessment roll of the County, or as otherwise known to the County Clerk.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-756. "Underground utility district" or "district" defined.

As used in this chapter, "underground utility district" or "district" means an area in the County within which poles and overhead wires and associated overhead structures are prohibited by an ordinance adopted pursuant hereto.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-757. "Utility" or "utilities" defined.

As used in this chapter, "utility" or "utilities" means electric, communication or similar or associated services supplied by means of electrical materials or devices and all persons supplying the same in an underground utility district or proposed district.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-758. Authority to establish.

The Board may establish underground utility districts in designated areas of the County as provided herein.

(Code 1954, § 7.1.3-2; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-759. Resolution of intention required; contents; notice.

The Board shall adopt a resolution of intention to establish the underground utility district. The resolution of intention shall contain a general description of the boundaries of the proposed district, sufficient to identify it, the time and place of the hearing to consider the establishment of the proposed district, the proposed date of the establishment of the district, and the proposed date within which poles and overhead wires and associated overhead structures must be removed therefrom and within which property owners therein must be ready to receive underground service. The Clerk of the Board shall notify all property owners and all utilities of the time and place of the hearing by mailing a copy of the resolution of intention to each property owner and utility at least 20 days prior to the date thereof.

(Code 1954, § 7.1.3-3; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-760. Conduct of hearing; determination declared final.

Whenever a hearing is held pursuant to this chapter, the hearing shall be open to the public and may be continued from time to time. All persons interested shall be given an opportunity to be heard. The Board shall hear all protests and receive evidence for and against the establishment of the proposed district. Any determination of the Board shall be final.

(Code 1954, § 7.1.3-4; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-761. Changes in boundaries of proposed district.

The Board may at any time prior to the establishment of the proposed district, and without further notice, order the exclusion therefrom of any area. Additional areas may be added thereto on notice to the property owners in the areas and to the utilities and after hearing thereon. The notice shall be given by mail at least 20 days prior to the date of the hearing.

(Code 1954, § 7.1.3-5; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-762. Ordinance establishing district.

If, after the public hearing, the Board finds that the public necessity, health or safety requires such action, the Board shall, by ordinance, declare the area an underground utility district. The ordinance shall contain a general description of the area comprising the district sufficient to identify it and shall fix the time within which poles and overhead wires and associated overhead structures shall be removed and within which property owners must be ready to receive underground service. The Board shall allow a reasonable time for removal, having due regard for the availability of necessary labor, materials and equipment therefor and for the installation of such underground facilities as may be occasioned thereby.

(Code 1954, § 7.1.3-6; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-763. Overhead structures prohibited in district.

Whenever the Board establishes an underground utility district, no person or utility shall erect, construct, place, use, maintain, keep, continue, employ or operate any pole, overhead wire or associated overhead structure on any public street, alley or way within the district after the date fixed for the removal thereof, except as the same are necessary for supplying utility services to premises prior to the construction thereon pursuant hereto of the facilities required to receive underground service and for a reasonable time thereafter to remove the same on completion of such construction.

(Code 1954, § 7.1.3-7; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-764. Notice of establishment.

Within 30 days after the establishment of an underground utility district, the Clerk of the Board shall notify all property owners and all utilities of the action, and that if the property owners or their tenants or occupants desire to continue to receive electric, communication or other similar or associated service, they shall provide all necessary facility changes on the premises so as to receive such service from the lines of the utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utilities on file with the Commission. Notification shall be made by mailing a copy of the ordinance establishing the district, together with a copy of this chapter or the ordinance from which it is derived to the utilities and property owners.

(Code 1954, § 7.1.3-8; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-765. Responsibility of utility.

If underground construction is necessary to provide utility services within an underground utility district, the utilities shall furnish that portion of the conduits, conductors and associated equipment required to be furnished under applicable rules, regulations and tariffs on file with the Commission. Underground construction by utilities shall be accomplished in accordance with the rules and regulations authorized by the Commission, and shall be completed within the time fixed for removal of poles and overhead wires and associated overhead structures.

(Code 1954, § 7.1.3-9; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-766. Responsibility of owner, tenant or occupant.

All facilities on the premises necessary to receive utility services from the utilities shall be constructed and provided by the person owning, operating, leasing, renting or occupying the property, as required by applicable rules, regulations and tariffs of the utilities on file with the Commission. Such construction shall be accomplished within the time fixed for property owners to be ready to receive underground service. In the event such construction is not completed within such time by the owner, tenant or occupant, all poles, overhead wires and associated overhead structures supplying utility services to such premises shall be disconnected and removed.

(Code 1954, § 7.1.3-10; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-705.6, § 1, 1-20-70; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-767. Exceptions.

This chapter and any ordinance adopted pursuant to Section C12-474 shall not apply to the following types of facilities:

(a) Poles used exclusively for police and fire alarm boxes or any similar publicly owned equipment installed under the supervision of or to the satisfaction of the County;

(b) Poles and overhead wires and associated overhead structures used exclusively for street lighting;

(c) Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

(d) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;

(e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building, or to an adjacent building without crossing any public street;

(f) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;

(g) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts;

(h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

(Code 1954, § 7.1.3-11; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-705.6, § 2, 1-20-70)

Sec. C12-768. Exception by special permission.

The Board may grant special permission, on such terms as the Board may deem appropriate, in cases of emergency or unusual circumstances, without discrimination, to any person or utility, to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this chapter.

(Code 1954, § 7.1.3-12; Ord. No. NS-705, § 1, 5-29-67)

Sec. C12-769. Extensions of time.

In the event that any act hereby required of any parties referred to in this chapter cannot be performed within the time herein provided on account of shortage of materials, war, restraint by public authorities, strikes, or by any circumstances beyond the control of the parties or by unusual hardships, then the time within which such acts shall be accomplished may be extended by the Director of Public Works of the County for a period not exceeding one year.

(Code 1954, § 7.1.3-13; Ord. No. NS-705, § 1, 5-29-67)

Sec. C12-770. Notices.

Mailed notices required by this chapter shall be deposited in the United States mail in a sealed envelope, postage prepaid, and shall be deemed to have been received upon deposit. Failure to give or receive any notice required hereunder shall not affect the validity of any action taken pursuant to this chapter.

(Code 1954, § 7.1.3-14; Ord. No. NS-705, § 1, 5-29-67)

Sec. C12-771. Violations.

Any person or utility who shall erect, construct, place, keep, maintain, continue, employ or operate any such pole or overhead line or associated overhead structure on any public street, alley or way within an underground utility district or shall neglect to take down and remove any such pole, overhead wire or associated overhead structures within the time fixed therefor, or who shall otherwise fail to comply with the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction shall be punishable by a fine not to exceed $500.00. Each consecutive 15-day period during which the failure to comply continues shall constitute a separate offense. Such violation is likewise hereby declared to be a nuisance and may be abated in the manner provided for the abatement of nuisances.

(Code 1954, § 7.1.3-15; Ord. No. NS-705, § 1, 5-29-67)

Sec. C12-772. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The Board hereby declares that it would have enacted this chapter into law and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.

(Code 1954, § 7.1.3-16; Ord. No. NS-705, § 1, 5-29-67)

Sec. C12-773. Establishment of underground utility districts.

This Board hereby finds and determines that the public necessity, health and safety require that the following described areas of the County of Santa Clara be declared to be and the same are declared to be and are established as underground utility districts and persons maintaining poles and overhead lines and associated overhead structures in such districts shall remove the same and be ready to receive underground service within the period of time as indicated.

(Code 1954, § 7.1.3-17; Ord. No. NS-705.1, § 1, 10-10-67; Ord. No. NS-705.2, § 1, 2-13-68; Ord. No. NS-705.3, § 1, 3-12-68; Ord. No. NS-705.4, § 1, 4-9-69; Ord. No. NS-705.5, § 1, 8-13-69; Ord. No. NS-705.7, § 1, 9-16-70; Ord. No. NS-705.8, § 1, 1-19-72; Ord. No. NS-705.9, § 1, 1-9-73)

Sec. C12-773.1. District No. 1.

District No. 1 is hereby described as all lands within the unincorporated area of the County of Santa Clara fronting on El Camino Real between Barron Avenue and Maybell Avenue, all as described in Resolution No. 1, a resolution of intention to establish Underground Utility District No. 1, adopted by this Board on February 13, 1968, and as more particularly delineated on that certain map entitled, "Underground Utility District No. 1," on file in the office of the Clerk of said Board.

Removal of communication and similar or associated service structures and of electrical and similar or associated service structures by May 15, 1968.

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.2. District No. 2.

District No. 2 is hereby described as all lands within the unincorporated area of the County of Santa Clara fronting on Park Avenue between Sunol Street and Montgomery Street, a more particular description of which is on file in the office of the Clerk of this Board.

Removal of communication and similar or associated service structures and of electrical and similar or associated service structures by September 15, 1970.

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.3. District No. 3.

District No. 3 is hereby described as all lands within the unincorporated area of the County of Santa Clara fronting on Bascom Avenue between Campbell Avenue and 400 feet southerly from Apricot Avenue, a more particular description which is on file in the office of the Clerk of this Board.

All property owners ready to receive underground service by November 30, 1969; removal of communication and similar or associated service structures and of electrical and similar or associated service structures by January 31, 1970.

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.4. District No. 4.

District No. 4 is hereby described as all lands within the unincorporated area of the County of Santa Clara fronting on Bascom Avenue between West San Carlos Street and Hamilton Avenue and between 400 feet southerly from Apricot Avenue to Union Avenue, a more particular description of which is on file in the office of the Clerk of this Board.

All property owners ready to receive underground service by June 1, 1970; removal of communication and similar or associated service structures and of electrical and similar or associated service structures by July 1, 1970.

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.5. District No. 5.

District No. 5 is hereby described as all lands within the unincorporated area of the County of Santa Clara fronting on Bascom Avenue between Union Avenue and National Avenue. A more particular description of the area comprising the district is on file in the office of the Clerk of this Board.

All property owners in the district between Union Avenue and Camden Avenue shall be ready to receive underground service by July 19, 1971.

All property owners in the district between Camden Avenue and National Avenue shall be ready to receive underground service by November l, 1971.

By August 16, 1971, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the proposed district between Union Avenue and Camden Avenue shall be removed, after which date no person or utility shall use or maintain such facilities within the district; and that by January 15, 1972, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district between Camden Avenue and National Avenue shall be removed, after which date no person or utility shall use or maintain such facilities within the proposed district.

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.6. District No. 6.

District No. 6 is hereby described as all lands within the unincorporated territory of the County of Santa Clara fronting on El Camino Real between the Sunnyvale-Saratoga Road and the easterly limits of the City of Sunnyvale and between the Sunnyvale-Saratoga Road and the intersection of El Camino Real and State Route 85, all as more particularly described in that certain resolution of intention to establish an underground utility district adopted by the Board of Supervisors on December 14, 1971, and which is on file in the office of the Clerk of this Board.

All poles and overhead lines and similar associated structures used or useful in supplying electric, communication and similar or associated services in said proposed district shall be removed and underground installations made within the following times:

(a) Underground installation by utility companies and property owners and reconnections not later than August 7, 1972, and removal of poles, overhead wires and other associated overhead structures not later than September 1, 1972, on El Camino Real between Engineer's Station 508 (center line of Sunnyvale-Saratoga Road) and Engineer's Station 664 (easterly city limits);

(b) Underground installation by utility companies and property owners and reconnections not later than November 7, 1972, and removal of poles, overhead wires and other associated overhead structures not later than December 1, 1972, on El Camino Real between Engineer's Station 508 (center line of Sunnyvale-Saratoga Road and Engineer's Station 468 (1,000 feet easterly of center line of Mary Avenue);

(c) Underground installation by utility companies and property owners and reconnections not later than February 7, 1973, and removal of poles, overhead wires and other associated overhead structures not later than March 1, 1973, on El Camino Real from Engineer's Station 468 (1,000 feet easterly of center line of Mary Avenue) to Engineer's Station 400 (the intersection of center line of El Camino Real with center line of State Route 85).

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.7. District No. 7.

District No. 7 is hereby described as all that real property situate in the City of Sunnyvale, County of Santa Clara, State of California, described as follows: All the road right-of-way of Lawrence Expressway between the monument line of Sandia Avenue as it crosses Lawrence Expressway northerly to a line, perpendicular to the monument line of Lawrence Expressway 400 feet north of the centerline of Tasman Drive, as shown on the following tract maps and record of survey filed in the office of the Recorder of the County of Santa Clara at the below listed books and pages:
Tract 1567Book 73, Pages 8-9
Tract 2010Book 89, Pages 16-18
Record of SurveyBook 160, Page 43
Record of SurveyBook 191, Page 39
Record of SurveyBook 160, Page 44
Record of SurveyBook 205, Page 34
Record of SurveyBook 292, Page 46
Record of SurveyBook 160, Page 45

By May 15, 1973, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed after which date no person or utility shall use or maintain such facilities within the district.

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.8. District No. 8.

District No. 8 is hereby described as all heads within the unincorporated area of the County of Santa Clara fronting on Capitol Avenue between Alum Rock Avenue and McKee Road. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By February 1, 1975, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

(Ord. No. NS-705.10, § 1, 10-31-73)

Sec. C12-773.9. District No. 9.

District No. 9 is hereby described as all that real property situate in the City of San Jose, County of Santa Clara, State of California, described as follows: All the road right-of-way of Almaden Expressway between 600 feet south of Blossom Hill Road and 400 feet north of Blossom Hill Road. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By January 1, 1976, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

(Ord. No. NS-705-11, 3-18-75)

Sec. C12-773.10. District No. 10.

District No. 10 is hereby described as all that real property situate in the City of Milpitas, County of Santa Clara, State of California, described as follows: All the road right-of-way of Montague Expressway between Capitol Avenue and 1,100 feet south of Capitol Avenue. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By January 1, 1976, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

(Ord. No. NS-705.12, § 1, 4-30-75)

Sec. C12-773.11. District No. 11.

District No. 11 is hereby described as all that real property situate in the City of San Jose, County of Santa Clara, State of California, described as follows: All the lands within the unincorporated area of the County of Santa Clara, fronting on McLaughlin Avenue between Route 280 and Story Road and fronting on Story Road between McLaughlin Avenue and 2,400 feet south of McLaughlin Avenue. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By January 1, 1976, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

(Ord. No. NS-705.13, 6-18-75)

Sec. C12-773.12. District No. 12.

District No. 12 is hereby described as all that real property situate in the City of Sunnyvale, County of Santa Clara, State of California, described as follows: All the road right-of-way of Lawrence Expressway between Arques Avenue and Bayshore Freeway. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By January 31, 1978, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities on Lawrence Expressway between Arques Avenue and Bayshore Freeway will eliminate an unusually heavy concentration of overhead distribution facilities on a segment of the most heavily traveled expressway in the County.

(Ord. No. NS-705, 3-7-77; Ord. No. NS-705.15, § 1, 10-17-77)

Sec. C12-773.13. District No. 13.

District No. 13 is hereby described as all that real property situate in the County of Santa Clara, State of California, described as follows: All the road right-of-way adjacent to the South County Airport and including the South County Airport. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By November 6, 1978, all affected property owners must be ready to receive underground service.

By January 31, 1979, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed, and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities within and adjacent to the South County Airport will eliminate a heavy concentration of overhead utilities in a civic area.

(Ord. No. NS-705.16, 5-1-78)

Sec. C12-773.14. District No. 14.

District No. 14 is hereby described as all that real property situate in the County of Santa Clara, State of California, described as follows: All the road right-of-way at the intersection of Capitol Expressway and Silver Creek Road. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By June 1, 1980, all affected property owners must be ready to receive underground service.

By July 1, 1980, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed, and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities at the intersection of Capitol Expressway and Silver Creek Road will eliminate a heavy concentration of overhead utilities along a highly traveled expressway area.

(Ord. No. NS-705.17, 6-18-79)

Editor's note--Ord. No. NS-705.17, adopted June 18, 1979, specifically amended the Code by adding § C12-773.13. Due to the prior existence of a § C12-773.13, and at the discretion of the editor, said provisions have been redesignated § C12-773.14.

Sec. C12-773.15. District No. 15.

District No. 15 is hereby described as all that real property situate in the County of Santa Clara, State of California, described as follows: All the road right-of-way at the intersection of Almaden Expressway and Foxworthy Avenue. A more particular description of the area comprising the district is on file in the office of the Clerk of the Board.

By June 1, 1981, all affected property owners must be ready to receive underground service.

By July 1, 1981, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities at the intersection of Almaden Expressway and Foxworthy Avenue will eliminate a heavy concentration of overhead utilities along a highly traveled expressway area.

(Ord. No. NS-705.18, 3-10-80)

Sec. C12-773.16. District No. 16.

District No. 16 is hereby described as all that real property situate in the County of Santa Clara, State of California, described as follows: All the road right-of-way at the intersection of Capitol Expressway and Cunningham Avenue. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By November 1, 1981, all affected property owners must be ready to receive underground service.

By December 1, 1981, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities at the intersection of Capitol Expressway and Cunningham Avenue will eliminate a heavy concentration of overhead utilities along a highly traveled expressway area.

(Ord. No. NS-705.19, 11-17-80)

Sec. C12-773.17. District No. 17.

District No. 17 is hereby described as all that real property situate in the County of Santa Clara, State of California, described as follows: All the road right-of-way on Almaden Expressway between Camden Avenue and Trinidad Drive. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By November 1, 1981, all affected property owners must be ready to receive underground service.

By December 1, 1981, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities along Almaden Expressway between Camden Avenue and Trinidad Drive will eliminate a heavy concentration of overhead utilities along a highly traveled expressway area.

(Ord. No. NS-705.20, 11-17-80)

Sec. C12-773.18. District No. 18.

District No. 18 is hereby described as all that real property situate in the County of Santa Clara, State of California, described as follows: All the road right-of-way at the intersection of Montague Expressway, and Main Street. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By November 1, 1984, all affected property owners must be ready to receive underground service.

By December 1, 1984, all poles and overhead lines and associated-structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities at the intersection of Montague Expressway and Main Street will eliminate a heavy concentration of overhead utilities along a highly traveled expressway area.

(Ord. No. NS-705.22, § 1, 6-5-84)

Sec. C12-773.19. District No. 19.

District No. 19 is hereby described as all that real property situated in the County of Santa Clara, State of California, described as follows: San Carlos Street from Dupont Street to Interstate 880. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By December 31, 1990, all affected property owners must be ready to receive underground service.

By March 1, 1991, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities on San Carlos Street from Dupont Street to Interstate 880 will eliminate a heavy concentration of overhead utilities along a highly traveled street.

(Ord. No. NS-705.23, 1-16-90)

Sec. C12-773.20. District No. 20.

District No. 20 is hereby described as all that real property situated in the County of Santa Clara, State of California, described as follows: All of the road right of way on Capitol Avenue from Olivestone Way to Capitol Expressway and a portion of Westboro Drive. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By June 1, 2001, all affected property owners must be ready to receive underground service.

By September 1, 2001, all poles and overhead lines and associated structures used or useful in supplying electric, communications and similar or associated services in the proposed district shall be removed, after which date no person or utility shall use or maintain such facilities within the proposed district, with the exception of overhead facilities necessary for the power supply and distribution for the Santa Clara Valley Transportation Authority's light rail system.

Undergrounding of utilities within the unincorporated areas along Capitol Avenue from Olivestone Way to Capitol Expressway and a portion of Westboro Drive will eliminate a heavy concentration of overhead utilities along a highly traveled street.

(Ord. No. NS-705.24, § 1, 12-12-00)

Sec. C12-773.21. District No. 21.

District No. 21 is hereby described as all that real property situated in the County of Santa Clara, State of California, described as follows: All of the road right of way on the South side of Camden Avenue from Bascom Avenue to Leigh Avenue. A more particular description of the area comprising the District is on file in the office of the Clerk of said Board.

By March 30, 2004 all affected property owners must be ready to receive underground service.

By April 30, 2004 all poles and overhead lines and associated structures used or useful in supplying electric, communications and similar or associated services in the proposed District shall be removed, after which date no person or utility shall use or maintain such facilities within the proposed District.

Undergrounding of utilities within the unincorporated areas along Camden Avenue between Bascom Avenue to Leigh Avenue will eliminate a heavy concentration of overhead utilities along a highly traveled street.

(Ord. No. NS-705.25, 2-24-04)

Sec. C12-773.22. District No. 22.

District No. 22 is hereby described as all that real property situated in the County of Santa Clara, State of California, described as follows: All of the road right of way on Almaden Expressway from Coleman Avenue to Mesa Drive. A more particular description of the area comprising the District is on file in the office of the Clerk of said Board.

By December 1, 2008 all affected property owners must be ready to receive underground service.

By December 30, 2008 all poles and overhead lines and associated structures used or useful in supplying electric, communications and similar or associated services in the proposed District shall be removed, after which date no person or utility shall use or maintain such facilities within the proposed District.

Undergrounding of utilities within the unincorporated areas along Almaden Expressway from Coleman Avenue to Mesa Drive will eliminate a heavy concentration of overhead utilities along a highly traveled street.

(Ord. No. NS-705.26, § 1, 11-13-07)

Sec. C12-774. General public interest.

This Board further finds and determines that such undergrounding is in the general public interest for all of the following reasons;

(1) The above described portions of property are extensively used by the general public and carry a heavy volume of vehicular and pedestrian traffic.

(2) Such portions adjoin and pass through a civic area.

(3) Such undergrounding will eliminate a heavy concentration of overhead distribution facilities.

(Ord. No. NS-705.8, §2, 1-19-72)

Secs. C12-775--C12-799. Reserved.

CHAPTER VII.
SPECIAL FLOOD HAZARD AREAS*

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Cross reference(s)--Fire prevention regulations, Div. B7; swimming pools, Div. B18; electrical regulations, Div. C4; mechanical regulations, Div. C9; moving buildings, Div. C10; plumbing and gas, Div. C11; subdivisions and land development, Div. C12; soils report for subdivisions, § C12-163 et seq.; soils report for single building sites, § C12-330 et seq.; excavation and grading regulations, § C12-400 et seq.

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Sec. C12-800. Findings.

(1) Areas of special flood hazard exist within the unincorporated territory of Santa Clara County. These areas which are subject to periodic inundation are responsible for substantial property losses, create health and safety hazards, disrupt commerce and governmental services, incur extraordinary public expenditures for flood protection and relief, impair the tax base and cause human suffering and potential loss of life.

(2) The flood areas are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(Ord. No. NS-1100.63, § 1, 7-27-82)

Sec. C12-801. Purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(1) To protect human life and health;

(2) To minimize expenditure of public funds for costly flood control projects;

(3) To minimize the need for rescue and relief associated with flooding and generally undertaken at the expense of the general public;

(4) To minimize prolonged business interruptions;

(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazards;

(6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(8) To ensure that those who occupy the areas of special flood hazard assume the responsibility for their actions.

(Ord. No. NS-1100.63, § 1, 7-27-82)

Sec. C12-802. Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or flood related erosion hazards, or which result in damaging increases in flood related erosion or in flood heights or velocities;

(2) Requiring that uses which are vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3) Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help to accommodate or channel floodwaters;

(4) Controlling filling, grading, dredging and other developments which may increase flood damage; and

(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. No. NS-1100.63, § 1, 7-27-82)

Secs. C12-803--C12-809. Reserved.

ARTICLE 1.
DEFINITIONS

Sec. C12-810. Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

Appeal means a request for a review of the Director's interpretation of any provision of this chapter or a request for a variance.

Area of shallow flooding means a designated AO, AH or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

Base flood means the flood having a one-percent chance of being equalled or exceeded in any given year (also called the "100-year flood").

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Breakaway walls are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

(1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

(2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

Coastal high hazard area is the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on an Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE or V.

Development means any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.

Director means the Director of Planning and Development or the person authorized to act on his behalf.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of floodwaters;

(2) The unusual and rapid accumulation or runoff of surface waters from any source, and/or

(3) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding, as defined in this definition.

Flood Boundary and Floodway Map means an official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood Insurance Study means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

Functionally dependent facility means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of the structure.

Lowest floor means the lowest floor of the lowest enclosed area (including the basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for 180 consecutive days.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean sea level means for the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

New construction means structures for which the "start of construction" commenced on or after the effective date of this chapter.

One-hundred-year flood or 100-year flood means a flood which has a one percent annual probability or being equalled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter.

Person means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this State or its agencies or political subdivisions.

Remedy a violation means to bring the structure or other development into compliance with state or local floodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the chapter or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Sand dunes mean naturally occurring accumulations of sand in ridges of mounds landward of the beach.

Special flood hazard area (SFHA) means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH or VI.

Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Structure means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial improvement means any repair, reconstruction or improvement to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, either:

(1) Before the improvement or repair is started; or

(2) If the structure has been damaged, and is being restored, before the damage occurred.

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1) Any project for the improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(2) Any alteration of a structure listed on the National Register of Historic Places, the California Inventory of Historic Places, the California Historical Landmarks Program, the Santa Clara County Heritage Resource Inventory or the Santa Clara County General Plan, or in any combination of the foregoing.

Variance means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

Watercourse means an elongated channel or depression, whether natural or manmade, in which water does or may flow and includes the overflow area, if any, of such channel or depression.

(Ord. No. NS-1100.63, § 1, 7-27-82; Ord. No. NS-1100.75, § 1, 8-2-88)

Secs. C12-811--C12-819. Reserved.

ARTICLE 2.
GENERAL PROVISIONS

Sec. C12-820. Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the unincorporated territory of the County of Santa Clara.

(Ord. No. NS-1100.63, § 1, 7-27-82; Ord. No. NS-1100.75, § 2, 8-2-88)

Sec. C12-821. Basis for establishing areas of special flood hazard.

The areas of special flood hazards identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Santa Clara County, California, Unincorporated Areas," dated February 19, 1986, and any subsequent amendments thereto, along with accompanying Flood Insurance Rate Map, dated December 16, 1988, is hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study is on file at the Office of Planning and Development, and is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the Board of Supervisors by the Director of Planning and Development.

(Ord. No. NS-1100.63, § 1, 7-27-82; Ord. No. NS-1100.74, § 3, 8-2-88; Ord. No. NS-1100.80, § I, 2-25-92)

Sec. C12-822. Compliance, penalties.

No development shall be undertaken on any land subject to the provisions of this chapter; and no structure or improvement upon such land shall be constructed, affixed, located, extended, enlarged, converted or altered without full compliance with the provisions of this chapter. Any person or business entity, whether as principal, agent, employee or otherwise, who violates any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punishable by a fine not exceeding $50.00 for a first violation, $100.00 for a second violation within one year, and $250.00 for each additional violation within one year. Such person or business entity shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person or business entity and shall be punishable as herein provided. The County's Zoning Investigators and Building Inspectors are authorized to issue citations for the violation of any provision of this chapter.

Any structure or improvement constructed, affixed, located, extended, enlarged, converted or altered contrary to the provisions of this chapter and/or any use of any land or structure contrary to the provisions of this chapter or contrary to a permit or variance or the terms and conditions imposed therein shall be, and the same is hereby declared to be, unlawful and a public nuisance; and the duly constituted authorities of the County shall, upon order of the Board of Supervisors, immediately commence action or proceedings to abate, remove and enjoin thereof in the manner provided by law.

The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. NS-1100.63, § 1, 7-27-82)

Sec. C12-823. Conflicting restrictions.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where the provisions of this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall apply.

(Ord. No. NS-1100.63, § 1, 7-27-82)

Sec. C12-824. Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the decision-making authority; and

(3) Deemed neither to limit nor repeal any other powers granted by statute, the Charter, or other applicable ordinances related to flood control or protection.

This chapter shall supersede any building code provisions which impose lesser standards and which are inconsistent herewith. Agricultural structures shall not be exempt from the provisions of this chapter.

(Ord. No. NS-1100.63, § 1, 7-27-82)

Sec. C12-825. Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and still will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside of the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. The provisions of this chapter shall not create liability on the part of the County of Santa Clara, the Santa Clara Valley Water District, the Federal Insurance Administration and/or any officer or employee of such entities for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. No. NS-1100.63, § 1, 7-27-82; Ord. No. NS-1100.74, § 4, 8-2-88)

Sec. C12-826. Severability.

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. NS-1100.75, § 5, 8-2-88)

Secs. C12-827--C12-829. Reserved.

ARTICLE 3.
ADMINISTRATION

Sec. C12-830. Development permit.

A development permit issued by the Director of Planning and Development shall be obtained before start of construction of a structure or substantial improvement, or before commencement of other development if no structure is to be built or affixed, when the development is subject to the provisions of this chapter and is within any area of special flood hazard. A development permit need not be a separate permit document but, at the discretion of the Director, may consist of a clearance signature integrated into an existing approval process.

(Ord. No. NS-1100.63, § 1, 7-27-82; Ord. No. NS-1100.75, § 6, 8-2-88)

Sec. C12-831. Director authorized to issue permits.

The Director or the Director's designee shall administer and implement this chapter and is authorized to grant development permits and variances in accordance with its provisions.

(Ord. No. NS-1100.63, § 1, 7-27-82)

Sec. C12-832. Application for development permit.

Application for a development permit shall be made on forms furnished by the Department of Planning and Development and shall be accompanied by a filing fee in an amount prescribed by resolution of the Board of Supervisors. The application shall include but not be limited to plans in duplicate and drawn to scale showing the location, dimensions and elevation of the area proposed for development and existing or proposed structures and drainage facilities and areas of fill, if any, and locations where development materials will be stored, if any. The following additional information shall be furnished by the applicant.

(1) The proposed elevation in relation to mean sea level (msl) of the lowest inhabitable floor (including basement) of all structures; in Zone VO or AO, elevation of the existing grade and proposed elevation of the lowest habitable floor of all structures.

(2) Proposed elevation in relation to mean sea level (msl) to which any structure will be floodproofed.

(3) All appropriate certifications listed in Section C12-836 of this chapter.

(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Ord. No. NS-1100.63, § 1, 7-27-82; Ord. No. NS-1100.75, § 7, 8-2-88)

Sec. C12-833. Referral of applications to Santa Clara Valley Water District.

The Director shall refer each application for a development permit to the Santa Clara Valley Water District for its review and comments and for any appropriate certifications. It is understood, however, that final approval of an application for a development permit rests with the Director.

(Ord. No. NS-1100.63, § 1, 7-27-82; Ord. No. NS-1100.80, § II, 2-25-92)

Sec. C12-834. Grounds for issuance of permit.

The Director shall grant a development permit only when all of the following are established:

(1) The permit requirements of this chapter have been satisfied.

(2) All other required state and federal permits have been satisfied.

(3) The site is reasonably safe from flooding.

(4) The proposed development does not adversely affect the carrying capacity of the area where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point.

(Ord. No. NS-1100.63, § 1, 7-27-82; Ord. No. NS-1100.75, § 8, 8-2-88)

Sec. C12-835. Use of other base flood data.

When base flood elevation data has not been provided in accordance with Section C12-821, the Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer Article 4 of this chapter.

(Ord. No. NS-1100.63, § 1, 7-27-82; Ord. No. NS-1100.75, § 9, 8-2-88)

Sec. C12-836. Public records.

The Director shall maintain for public inspection and make available as needed for flood insurance policies copies of the following certifications or the appropriate data therein contained in applications for development permits:

(1) The certifications required in Section C12-840, Subsections (2)(a) and (b) (construction materials and methods);

(2) The certifications required in Section C12-840, Subsections (3)(a), (b), and (c) (elevation and floodproofing);

(3) The certified elevation required in Section C12-843, Subsection (2) (subdivision);

(4) The certification required in Section C12-844, Subsection (4) (manufactured home); and

(5) The certification required in Section C12-845, Subsection (3) (floodway encroachments); and

(6) The certification required in Section C12-840, Subsection (3)(a) (wet floodproofing standard); and

(7) The certification required in Section C12-846, Subsection (6) (coastal construction standards).

(Ord. No. NS-1100-63, § 1, 7-27-82; Ord. No. NS-1100.75, § 10, 8-2-88)

Sec. C12-837. Alteration of watercourses.

The Director shall:

(1) Notify adjacent cities, the California Department of Water Resources, and the Santa Clara Valley Water District prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

(2) Require that the flood carrying capacity of the altered or relocated portion of such watercourse is maintained.

(Ord. No. NS-1100.63, § 1, 7-27-82; Ord. No. NS-1100.75, § 11, 8-2-88)

Sec. C12-838. Interpretation of FIRM boundaries.

The Santa Clara Valley Water District shall make interpretations when requested by the Director as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) and the Director may reasonably rely upon such interpretation when taking any action under this chapter. The person contesting the location shall be given a reasonable opportunity to appeal the interpretation as provided in Section C12-839.1.

(Ord. No. NS-1100.63, § 1, 7-27-82; Ord. No. NS-1100.75, § 12, 8-2-88)

Sec. C12-839. Variances.

The Director may grant a variance from any of the provisions of this chapter with respect to development permit applications for the reconstruction, rehabilitation or restoration of historic structures listed in the National Register of Historic Places, the California Historical Landmarks Program, the Santa Clara County Heritage Resource Inventory, or the Santa Clara County General Plan, or in any combination of the foregoing. The Director may grant such a variance when the Director finds that the strict application of this chapter would interfere with the preservation, rehabilitation or restoration of a historic structure and that granting of a variance will not result in significantly increased flood heights or a significant threat to public safety.

The Director may grant a variance from any of the provisions of this chapter with respect to development permit applications for the construction or substantial improvement of agricultural nonresidential structures when the Director finds that the strict application of this chapter would place unreasonable restrictions upon agricultural operations conducted on the property and that the granting of a variance will not result in an increase in flood heights, a significant threat to public safety, extraordinary public expense, or create nuisances. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Any person desiring a variance permit authorized by this section shall file an application therefor with the Department of Planning and Development accompanied by a filing fee in an amount prescribed by resolution of the Board of Supervisors.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Board in the office of the Santa Clara County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Ord. No. NS-1100.63, § 1, 7-27-82; Ord. No. NS-1100.75, § 13, 8-2-88)

Sec. C12-839.1. Appeals.

Any person who is dissatisfied with the decision of the Director on any application for a development permit or variance may, within 15 calendar days after the action is taken, file an appeal to the Board of Supervisors. The appeal shall be filed with the Department of Planning and Development and shall be accompanied by a nonrefundable filing fee in an amount prescribed by resolution of the Board of Supervisors.

The appeal shall be heard by the Board of Supervisors within 30 days after the filing of the appeal; provided that the Board may continue from time to time any hearing held by it. The Clerk of the Board shall set the time and place for the hearing and shall cause public notice of the hearing to be mailed to the owners of all property within 300 feet of the subject property and to the applicant for the permit and the appellant.

The Director shall transmit to the Board of Supervisors all maps, records, papers and files which constitute the record in the action from which the appeal was taken. The Board shall hear and decide the matter de novo. The decision of the Board of Supervisors is final.

(Ord. No. NS-1100.63, § 1, 7-27-82; Ord. No. NS-1100.75, § 14, 8-2-88)

Sec. C12-839.2. Director authorized to remedy violations.

The Director, or the Director's designee, shall take action to remedy violations of this chapter as specified in Section C12-822 herein.

(Ord. No. NS-1100.75, § 15, 8-2-88)

ARTICLE 4.
FLOODPLAIN MANAGEMENT REGULATIONS*

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Editor's note--Ord. No. NS-1100.87, § 1, adopted Sept. 15, 1998, repealed Art. 4, in its entirety, and enacted provisions designated as a new Art. 4 to read as herein set out. See the Code Comparative Table.

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Sec. C12-840. Legislative intent.

(1) Statutory authorization. The Legislature of the State of California has in Government Code § 65302, 65563, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Supervisors of Santa Clara County does hereby adopt the following floodplain management regulations.

(2) Findings of fact.

(A) The flood hazard areas of County of Santa Clara are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(B) These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.

(3) Statement of purpose. It is the purpose of this article to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(A) Protect human life and health;

(B) Minimize expenditure of public money for costly flood control projects;

(C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(D) Minimize prolonged business interruptions;

(E) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

(F) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

(G) Ensure that potential buyers are notified that property is in an area of special flood hazard; and

(H) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(4) Methods of reducing flood losses. In order to accomplish its purposes, this article includes methods and provisions to:

(A) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

(B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(C) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(D) Control filling, grading, dredging, and other development which may increase flood damage; and

(E) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. No. NS-1100.87, § 1, 9-15-98)

Sec. C12-841. Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.

Accessory use means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

Alluvial fan means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

Apex means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this article.

Area of shallow flooding means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood-related erosion hazard is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).

Area of special flood hazard. See "Special flood hazard area."

Area of special mudslide (i.e., mudflow) hazard is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM).

Base flood means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Breakaway walls are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood, and

2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

Building. See "Structure."

Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V.

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood, flooding, or flood water means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows)--See "Mudslides"; and

2. The condition resulting from flood-related erosion--See "Flood-related erosion."

Flood Boundary and Floodway Map (FBFM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

Flood hazard boundary map means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood Insurance Study (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source--See "Flooding."

Floodplain Administrator is the Director of Planning and Development, or a designated representative, whom shall enforce the floodplain management regulations.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain management regulations means this article and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

Flood-related erosion area or flood-related erosion prone area means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

Flood-related erosion area management means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

Floodway fringe is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.

Fraud and victimization as related to Section C12-845, variance procedure, of this article, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Board of Supervisors will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years.

Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

Governing body is the local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

Hardship as related to Section C12-845, variance procedure, of this article means the exceptional hardship that would result from a failure to grant the requested variance. The Board of Supervisors requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminary determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Any alteration of a structure listed on the National Register of Historic Places, the California Inventory of Historic Places, the California Historical Landmarks of Program, the Santa Clara County Heritage Resources Inventory or the Santa Clara County General Plan, or in any combination of the foregoing.

Levee means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Levee system means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

Lowest floor means the lowest floor of the lowest enclosed area, including basement (see basement definition).

1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

a. The wet floodproofing standards in Section C12-844(1)(C)(3).

b. The anchoring standards in Section C12-844(1)(A).

c. The construction materials and methods standards in Section C12-844(1)(B).

d. The standards for utilities in Section C12-844(2).

2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "basement" definition). This prohibition includes below-grade garages and storage areas.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

Mudslide (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

Mudslide (i.e., mudflow) prone area means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

New construction, for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by the County of Santa Clara, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading at the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the County of Santa Clara.

Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

One-hundred-year flood or "100-year flood." See "base flood."

Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

Public safety and nuisance as related to Section C12-845, variances, of this article means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Recreational vehicle means a vehicle which is

1. Built on a single chassis;

2. Four hundred square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Remedy a violation means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the article or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Sheet flow area. See "Area of shallow flooding."

Special flood hazard area (SFHA) means an area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, E, M, V1-V30, VE or V.

Start of construction includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

V Zone. See "Coastal high hazard area."

Variance means a grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article.

Violation means the failure of a structure or other development to be fully compliant with this article. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Watercourse means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. NS-1100.87, § 1, 9-15-98)

Sec. C12-842. General provisions.

(1) Lands to which this article applies. This article shall apply to all areas of special flood hazards within the jurisdiction of the County of Santa Clara.

(2) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated February 19, 1986, and accompanying Flood Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps (FBFMs), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this article. This FIS and attendant mapping is the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the Board of Supervisors by the Floodplain Administrator. The study, FIRMs and FBFMs, are on file at the County Administration Building, Building Inspection Office, 70 W. Hedding St., San Jose, CA 95110.

(3) Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this article and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Board of Supervisors from taking such lawful action as is necessary to prevent or remedy any violation.

(4) Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(5) Interpretation. In the interpretation and application of this article, all provisions shall be:

(A) Considered as minimum requirements;

(B) Liberally construed in favor of the governing body; and

(C) Deemed neither to limit nor repeal any other powers granted under state statutes, the Charter, or other applicable ordinances related to floodplain management. This article shall supersede any building code provisions which impose lesser standards and which are inconsistent herewith. Agricultural structures shall not be exempt from the provisions of this article.

(6) Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of County of Santa Clara, the Santa Clara Valley Water District, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, and/or any officer or employee of such entities for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.

(7) Severability. This article and the various parts thereof are hereby declared to be severable. Should any section of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the article as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. NS-1100.87, § 1, 9-15-98)

Sec. C12-843. Administration.

(1) Establishment of development permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section C12-842(2). Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(A) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or

(B) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in Section C12-844(1)(C)(3); and

(C) All appropriate certifications listed in Section C12-843(3)(D) of this article; and

(D) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(2) Designation of the Floodplain Administrator. The Director of Planning and Development, or a designated representative is hereby appointed to administer, implement, and enforce this article by granting or denying development permits in accord with its provisions.

(3) Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following.

(A) Permit review. Review all development permits to determine that

1. Permit requirements of this article have been satisfied,

2. All other required state and federal permits have been obtained,

3. The site is reasonably safe from flooding, and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. Each project shall be designed so as to not increase the water surface elevation at all.

(B) Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with Section C12-842(2), the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section C12-844. Any such information shall be submitted to the Board of Supervisors for adoption.

(C) Notification of other agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities, the California Department of Water Resources and the Santa Clara Valley Water District prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

(D) Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by Section C12-844(1)(C)(1) (lowest floor elevations),

2. Certification required by Section C12-844(1)(C)(2) (elevation or floodproofing of nonresidential structures),

3. Certification required by Section C12-844(1)(C)(3) (wet floodproofing standard),

4. Certification of elevation required by Section C12-844(3)(B) (subdivision standards),

5. Certification required by Section C12-844(6)(A) (floodway encroachments),

6. Information required by Section C12-844(7)(F) (coastal construction standards), and

7. Reports required by Section C12-844(8)(D) (mudflow standards).

(E) Map determinations. The Santa Clara Valley Water District shall make interpretations, when requested by the Floodplain Administrator, as to the exact location of the boundaries of the areas of special flood hazard. For example, where there appears to be a conflict between a mapped boundary and actual field conditions. The Floodplain Administrator may reasonably rely on such interpretations when taking any action under this article. A person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section C12-845.

(F) Remedial action. Take action to remedy violations of this article as specified in Section C12-842(3).

(4) Appeals. Any person who is dissatisfied with the decision of the Floodplain Administrator on any application for a development permit or variance may, within 15 calendar days after the action is taken, file an appeal to the Planning Commission. The appeal shall be filed with the Department of Planning and Development and shall be accompanied by a non refundable filing fee in an amount prescribed by resolution of the Planning Commission.

The appeal shall be heard by the Planning Commission within 30 days after the filing of the appeal; provided that the Commission may continue from time to time any hearing held by it. The Clerk of the Board shall set the time and place for the hearing and shall cause public notice of the hearing to be mailed to the owners of all property within 300 feet of the subject property and to the applicant for the permit and the appellant.

The Floodplain Administrator shall transmit to the Planning Commission all maps, records, papers and files which constitute the record in the action from which the appeal was taken. The Commission shall hear and decide the matter de novo. The decision of the Planning Commission is final.

(Ord. No. NS-1100.87, § 1, 9-15-98)

Sec. C12-844. Provisions for flood hazard reduction.

(1) Standards of construction. In all areas of special flood hazards the following standards are required:

(A) Anchoring.

1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. All manufactured homes shall meet the anchoring standards of Section 5.4 [Subsection (4) of this section].

(B) Construction materials and methods. All new construction and substantial improvement shall be constructed

1. With materials and utility equipment resistant to flood damage;

2. Using methods and practices that minimize flood damage;

3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if

4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

(C) Elevation and floodproofing.

1. Residential construction, new or substantial improvement, shall have the lowest floor, including basement,

a. In an AO Zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one foot, or elevated at least three feet above the highest adjacent grade if no depth number is specified.

b. In an A Zone, elevated at least one foot above the base flood elevation, as determined by the community.

c. In all other zones, elevated at least one foot above the base flood elevation.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community Building Inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator prior to final inspection.

2. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with Section C12-844(1)(C)(1) or together with attendant utility and sanitary facilities

a. Be floodproofed below the elevation recommended under Section C12-844(1)(C)(1) so that the structure is watertight with walls substantially impermeable to the passage of water;

b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

c. Be certified by a registered professional engineer or architect that the standards of this section [C12-844(1)(C)(2)] are satisfied. Such certification shall be provided to the Floodplain Administrator prior to final inspection.

3. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet or exceed the following minimum criteria:

a. Be certified by a registered professional engineer or architect; or

b. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.

4. Manufactured homes shall also meet the standards in Section C12-844(4).

(2) Standards for utilities.

(A) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

1. Infiltration of flood waters into the systems, and

2. Discharge from the systems into flood waters.

(B) On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(3) Standards for subdivisions.

(A) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

(B) All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

(C) All subdivision proposals shall be consistent with the need to minimize flood damage.

(D) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(E) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

(4) Standards for manufactured homes.

(A) All manufactured homes that are placed or substantially improved, within Zones A1-A30, AH, and AE on the community's Flood Insurance Rate Map, on sites located

1. Outside of a manufactured home park or subdivision,

2. In a new manufactured home park or subdivision,

3. In an expansion to an existing manufactured home park or subdivision, or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.

(B) All manufactured homes that are placed or substantially improved on sites located within Zones V1-V30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Section C12-844(4)(A) and Section C12-844(7).

(C) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-A30, AH, AE, V1-V30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of Section C12-844(4)(A) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the

1. Lowest floor of the manufactured home is at or above the base flood elevation or

2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

(5) Standards for recreational vehicles.

(A) All recreational vehicles placed on sites within Zones A1-A30, AH, and AE on the community's Flood Insurance Rate Map will either:

1. Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or

2. Meet the permit requirements of Section C12-843 of this article and the elevation and anchoring requirements for manufactured homes in Section C12-844(4)(A).

(B) Recreation vehicles placed on sites within Zones V1-V30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Sections C12-844(5)(A) and C12-844(7).

(6) Floodways. Located within areas of special flood hazard established in Section C12-842(2) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(A) Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

(B) If Section C12-844(6)(A) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section C12-844.

(7) Coastal high hazard areas. Within coastal high hazard areas as established under Section C12-842(2), the following standards shall apply:

(A) All new construction and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.

(B) All new construction and other development shall be located on the landward side of the reach of mean high tide.

(C) All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section C12-841 of this article. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.

(D) Fill shall not be used for structural support of buildings.

(E) Manmade alteration of sand dunes which would increase potential flood damage is prohibited.

(F) The Floodplain Administrator shall obtain and maintain the following records.

1. Certification by a registered engineer or architect that a proposed structure complies with Section C12-844(7)(A).

2. The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.

(8) Mudslide (i.e., mudflow) prone areas.

(A) The Floodplain Administrator shall review permits for proposed construction of [or] other development to determine if it is proposed within a mudslide area.

(B) Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to the

1. Type and quality of soils,

2. Evidence of ground water or surface water problems,

3. Depth and quality of any fill,

4. Overall slope of the site, and

5. Weight that any proposed development will impose on the slope.

(C) Within areas which may have mudslide hazards, the Floodplain Administrator shall require that:

1. A site investigation and further review be made by persons qualified in geology and soils engineering;

2. The proposed grading, excavation, new construction, and substantial improvement be adequately designed and protected against mudslide damages;

3. The proposed grading, excavations, new construction, and substantial improvement not aggravate the existing hazard by creating either on-site or off-site disturbances; and

4. Drainage, planting, watering, and maintenance not endanger slope stability.

(9) Flood-related erosion-prone areas.

(A) The Floodplain Administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community.

(B) Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

(C) If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

(D) Within Zone E on the Flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

(Ord. No. NS-1100.87, § 1, 9-15-98)

Sec. C12-845. Variance procedure.

(1) Nature of variances. The variance criteria set forth in this section of the article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this article would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the Board of Supervisors to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this article are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(2) Appeal board.

(A) In passing upon requests for variances, the Board of Supervisors shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and the

1. Danger that materials may be swept onto other lands to the injury of others;

2. Danger of life and property due to flooding or erosion damage;

3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

4. Importance of the services provided by the proposed facility to the community;

5. Necessity to the facility of a waterfront location, where applicable;

6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7. Compatibility of the proposed use with existing and anticipated development;

8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. Safety of access to the property in time of flood for ordinary and emergency vehicles;

10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(B) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that

1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and

2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(C) The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(3) Conditions for variances.

(A) Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections C12-843 and C12-844 of this article have been fully considered.

As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(B) Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section C12-841 of this article) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(C) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

(D) Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this article. For example, in the case of variances to an elevation requirement, this means the Board of Supervisors need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Board of Supervisors believes will both provide relief and preserve the integrity of the local ordinance.

(E) Variances shall only be issued upon a:

1. Showing of good and sufficient cause;

2. Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section C12-841 of this article) to the applicant; and

3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section C12-841--see "Public safety or nuisance"), cause fraud or victimization (as defined in Section C12-841) of the public, or conflict with existing local laws or ordinances.

(F) Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections C12-845(3)(A) through C12-845(3)(E) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

(G) Upon consideration of the factors of Section C12-845(2)(A) and the purposes of this article, the Board of Supervisors may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

(Ord. No. NS-1100.87, § 1, 9-15-98)

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