Article I — General Provisions

This chapter is adopted to supplement and implement the Subdivision Map Act, Section 66410 et seq., of the Government Code and may be cited as the Subdivision Ordinance of the City of Santa Clara.

(Ord. 1780 § 3, 4-8-2003)

It is the purpose of this chapter to regulate and control the division of land within the City of Santa Clara and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions; the form and content of all maps provided for by the Subdivision Map Act; and the procedure to be followed in securing all official approvals by the City. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote open space, conservation, protection and proper use of land, and to ensure provision for adequate traffic circulation, utilities and services. (Ord. 1780 § 3, 4-8-2003)

The regulations set forth in this chapter shall apply to all parts of subdivisions within the City of Santa Clara and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act. Each subdivision and each part thereof lying within the City shall be made and each map shall be prepared and presented for approval as provided for and required by this chapter. (Ord. 1780 § 3, 4-8-2003)

This chapter shall not apply to:

• (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 State Health and Safety Code .

• (d) A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel; and where a greater number of parcels than originally existed is not created, the lot line adjustment is approved by the City Engineer.

• (e) Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code for community apartment or cooperative housing projects.

• (f) The conversion of a community apartment project or a stock cooperative to a condominium if the requirements of Sections 66412(g) and (h) of the Subdivision Map Act are met.

• (g) The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances regulating design and improvements.

• (h) The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

• (i) The construction, financing or leasing of second family residential units (commonly referred to as "accessory units") according to the provisions of SCCC Title 18, Zoning.

• (j) Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.

• (k) Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind powered electrical generation device which is subject to discretionary action by the City.

• (Ord. 1780 § 3, 4-8-2003)

None of the provisions in this Subdivision Ordinance or in any other ordinance or resolution of the City or in any rule or regulation promulgated pursuant thereto, whether preexisting, existing or in the future are intended to create or to be construed to create an imposition of civil liability on the City, its Council, officers or employees while acting in accordance with such provisions. (Ord. 1780 § 3, 4-8-2003)

The sections, paragraphs, sentences, clauses and phrases of this Subdivision Ordinance are severable. If any phrase, clause, sentence, paragraph or section of this Subdivision Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Subdivision Ordinance. (Ord. 1780 § 3, 4-8-2003)