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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

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

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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(a) If a party files a timely appeal under the provisions of this division and later requests that the appeal be withdrawn, the matter shall first be scheduled for a hearing before the appropriate hearing body.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 If no other party requests to be substituted for the original appellant, the appeal shall be withdrawn, except that the appeal fee shall not be refunded.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:

Slope	Maximum Interval (feet)
0.00%--1.00%	1
1.00%--15.00%	5
15.00%--30.00%	10
30.00% and over	20

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 Bottom	Contour Interval (feet)
0.00%--1.00%	1
1.00%--15.00%	2
15.00% and over	5

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 = 350	42,000
200 connections Q = 100 + 25 = 450	54,000

(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 Connections	Storage (gallons) Required	Flow at Peak Hour--20% of Daily Total (gpm)	Minimum Pipe Size (inches)
5	2,500	9	2
10	5,000	17	2
15	7,500	26	2
20	10,000	34	2
25	11,250	43	2
30	12,500	51	2 1/2
35	13,700	60	2 1/2
40	15,000	68	2 1/2
45	16,250	77	3
50	17,500	85	3
60	20,000	102	3
70	22,500	119	3
80	25,000	136	4
90	27,500	153	4
		170	4

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.

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