§ 17.12

The city attorney shall be responsible for approving as to form all subdivision improvement agreements and subdivision improvement securities.

(Ord. 635 N.S. § A (part), 1983)

17.12.020 - City council—Responsibilities.

A.

The city council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the city of such lands and/or improvements as may be proposed for dedication to the city for subdivisions.

B.

The city council shall act as the appeal board for hearing appeals of the approval, conditional approval or denial of tentative subdivision maps.

(Ord. 635 N.S. § A (part), 1983)

17.12.030 - City engineer—Responsibilities.

The city engineer shall be responsible for:

A.

Establishing design and construction details, standards and specifications;

B.

Determining if proposed subdivision improvements comply with the provisions of this title and the Map Act and for reporting the findings together with any recommendations for approval, or conditional approval, of the tentative map to the community development director;

C.

The processing and certification of final maps, reversion to acreage maps, and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers and certificates of compliance;

D.

The inspection and approval of subdivision improvements;

E.

The acceptance of private improvements (improvements not to be maintained by the city.)

(Ord. 635 N.S. § A (part), 1983)

The community development department shall be responsible for the processing of tentative maps, final and parcel maps, and for the collection of all required deposits and fees.

(Ord. 635 N.S. § A (part), 1983)

The community development director shall be responsible for the management of the community development department in carrying out the responsibilities imposed upon it by this title. The community development director shall be responsible for:

A.

Investigating proposed subdivisions for conformity to the general plan, specific plans and zoning ordinances of the city and reporting his finding together with recommendations for approval or conditional approval to the planning commission;

B.

Examining and certifying that final maps are in substantial conformance to the approved tentative map.

(Ord. 635 N.S. § A (part), 1983)

The planning commission shall be responsible for approving, conditionally approving or denying the application for tentative map approval of subdivisions and reporting its action to the city council.

(Ord. 635 N.S. § A (part), 1983)

Chapter 17.16 - MAPS GENERALLY

Sections:

17.16.010 - Necessity.

The necessity for tentative, final and parcel maps shall be governed by the provisions of this title.

(Ord. 635 N.S. § A (part), 1983)

17.16.015 - Exceptions to requirements for division of land.

A tentative and final subdivision or parcel map is not required in the following cases:

A.

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

B.

Mineral, oil or gas leases;

C.

Land dedicated for cemetery purposes under the Health and Safety Code;

D.

A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the city;

E.

Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of submerged lands is a party;

F.

Any separate assessment under Section 2188.7 of the Revenue and Taxation Code;

G.

Except for a situation when a parcel or final map was approved by the city council, the conversion of a community apartment project as defined by Section 11004 of the Business and Professions Code, to a condominium, as defined by Section 783 of the Civil Code, but only if the requirements of Section 66412(G) of the Subdivision Map Act are met;

H.

Except for a situation when a parcel or final map was approved by the city council, the conversion of a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code to a condominium, as defined in Section 783 of the Civil Code, but only if all the requirements of Section 66412(h) of the Subdivision Map Act are met;

I.

The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is subject to review under other city ordinances regulating design and improvement;

J.

The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

K.

The construction, financing or leasing of dwelling units pursuant to Section 65852.1 of the Government Code nor to second units pursuant to Section 65852.2, but this Ordinance shall be applicable to the sale or transfer, but not leasing, of those units;

L.

Placement and operation of windmills on property.

(Ord. 1143 N.S. § 5, 1993)

17.16.020 - Division of land—Five or more parcels.

A.

A preliminary, tentative and final map shall be required for all divisions of land when determined by the community development director that such land may be divided into five or more parcels, five or more

condominiums as defined in Section 783 of the State Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

1.

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 legislative body; or

2.

Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway; or

3.

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 city council as to street alignments and widths; or

4.

Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section.

B.

A parcel map shall be required for these subdivisions described in subsections (A)(1) through (4) of this section.

C.

A division of land for industrial or commercial use may be filed as a parcel map rather than as a tentative and final subdivision map, if requested by the property owner.

(Ord. 1143 N.S. §§ 6, 7, 1993; Ord. 635 N.S. § A (part), 1983)

17.16.030 - Division of land—four or less parcels.

A.

A tentative map and parcel map shall be required for all divisions of lands which create four or less parcels except for:

1.

Divisions of land created by short-term leases (terminable by either party on not more than thirty days notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, however, that upon a showing made to the community

development director based upon substantial evidence that public policy necessitates such a map, this exception shall not apply;

2.

Lot line adjustments, provided:

a.

No additional parcels or building sites have been created,

b.

The adjustment does not create the potential to further divide either of the two parcels into more parcels than would have been otherwise possible,

c.

There are no resulting violations of this code;

3.

When the parcel map is waived by the community development director as provided by Section 17.24.230 of this title; provided, however, that the community development director may require that such waiver not be granted unless the community development director first finds that the proposed division of land

complies with requirements established by the Subdivision Map Act and city's ordinances enacted pursuant to the Subdivision Map Act, including but not limited to requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection. The community development director may require planning commission review where the complexity of the issues exceeds the scope which normally permits administrative approval of such divisions or adjustments;

4.

Land conveyed to or from a government agency, public entity, public utility or land conveyed to a subsidiary of a public utility for conveyance to that utility, for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map;

5.

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 city council as to street alignments and widths.

B.

A plat map, in a form as required by the city engineer, and a certificate of compliance in accordance with Section 17.52.030 of this title shall be required for lot line adjustments, mergers, certificates of compliance and parcel map waivers.

(Ord. 1143 N.S. §§ 8—10, 1993; Ord. 635 N.S. § A (part), 1983)

17.16.040 - Fees and deposits.

All persons submitting maps as required by this title shall pay all fees and/or deposits as provided by the city's resolution establishing fees and charges, or as provided by this title.

(Ord. 635 N.S. § A (part), 1983)

17.16.050 - Tax liens payable on subdivision land.

A.

Prior to the filing of the final map or parcel map with the city, the subdivider shall, in accordance with procedures established by the county, file with the county recorder of the county of Santa Clara, a certificate or statement from the official computing redemptions in any public agency in which any part of the subdivision is located showing that according to the records of that officer there are no liens against the subdivision or any part thereof for unpaid state, county, city or local taxes or special assessments collected as taxes except taxes or special assessments not yet payable.

B.

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 or parcel map shall not be recorded until the owner or subdivider does both of the following: (1) files with the clerk of the board of supervisors of the county of Santa Clara, a certificate or statement prepared by the appropriate state or local official giving his or her estimate of those taxes or assessments; (2) executes and files with the clerk of the board of supervisors of the county of Santa Clara, security conditioned upon payment of all state, county, city and local taxes and the 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.

C.

If the land being subdivided is a portion of a larger parcel shown on the last preceding tax roll as a unit, or whenever lands subject to a special assessment or bond which may be paid in full is divided by the line of a lot or a parcel of the subdivision, or whenever land subject to a special assessment for payment of a bond would be divided by the lien of the lot or parcel of the subdivision, or whenever lands subject to a special assessment for payment of a bond would be divided by the line of the lot or parcel of the subdivision, then the procedures of subdivisions (b) through (e) of Section 66493 of the Subdivision Map Act shall be followed.

(Ord. 1143 N.S. § 11, 1993).