Article V — Subdivision of Four or Fewer Parcels (Minor Subdivisions) — Santa Clara Planning Code

§ 17.05.400. Tentative parcel map. ¶

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(a) General. The form and contents, submittal and approval of tentative parcel maps for four or fewer parcels shall conform to the provisions of this article. The map shall be prepared by a registered civil engineer or licensed land surveyor.
(b) Form and Content, Accompanying Data and Reports. The tentative parcel map shall be prepared in a manner acceptable to the Department of Planning and Inspection by a registered civil engineer or licensed land surveyor. The form and contents shall comply and be consistent with the requirements of SCCC § 17.05.300(b) and the accompanying data and reports shall comply and be consistent with SCCC § 17.05.300(d) . The Department of Planning and Inspection may require additional information or may waive any of these requirements if the location and nature of the proposed subdivision or existing documentation demonstrates that a waiver is justified.
(c) Subdivision Committee Review. The tentative parcel map application shall be filed with the Subdivision Committee for review in accordance with the provisions of SCCC § 17.05.300(d) and (e)(2) .
(d) Notice of Public Hearings. Upon completion of the review and upon receipt of a complete application for the tentative map, the City Clerk shall set the matter for public hearing. At least ten calendar days before the public hearing, a notice shall be given as provided in Government Code Sections 65090 and 65091 . Such notice shall include the time, date and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved.
- (1) The City shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject of the proposed application. In addition, in the case of a proposed conversion of residential real property to a condominium, community apartment or stock cooperative project, notice shall be given as required by Section 66451.3 of the Subdivision Map Act.
- (2) In the event that the proposed subdivision has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, the City shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll.
- (3) In addition, notice shall be given by first class mail to any person who has filed a written request with the secretary of the Planning Commission. A request may be submitted at any time during the calendar year and shall apply for the balance of a calendar year. The City

may impose a reasonable fee on persons requesting notice for the purpose of recovering the cost of mailing.

(4) Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this article.
- (5) The City Engineer may require that the public hearing be held by the Planning Commission when the proposed development arouses extraordinary public concern.
(e) Approval and/or Denial.
- (1) In approving or conditionally approving the tentative map, the City Council shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with the General Plan and any applicable specific plans adopted by the City and all applicable provisions of this code and if the tentative map provides, to the extent feasible, for future passive or natural heating or cooling opportunities.
- (2) Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach, set aside, void or annul an approval of the City Council, Planning Commission, Subdivision Committee or City staff concerning a subdivision. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense.
(f) The tentative parcel map may be denied for any reason provided by City ordinances, resolutions, or the Subdivision Map Act. The City Council shall deny approval of the tentative parcel map if any of the findings contained in SCCC § 17.05.300(h)(5) are made.
(g) Expiration and Extensions.
- (1) Expiration. The approval or conditional approval of the tentative parcel map shall expire twenty-four (24) months from the date of its approval by the City Council.
  - (A) The period of time specified shall not include any period of time during which a law suit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the City Council. Within ten days of the service of the initial petition or complaint upon the City, the subdivider shall, in writing, to the Director of Planning and Inspection, request a stay in the time period of the tentative map. Within forty (40) days after receiving such request, the City Council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the City Council shall, within ten days, declare its findings.
  - (B) The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66463.5 of the Subdivision Map Act.
(C) The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings and no parcel map of all or any portion of the real property included within the tentative parcel map shall be filed without first processing a new tentative parcel map.
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- (D) If the signed parcel map and agreement, if required, are submitted to the City Engineer prior to the expiration of the tentative map, approval, processing and recording may occur after the expiration date of the tentative map.
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(2) Extensions.

  - (A) Request by Subdivider. The subdivider or engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Director of Planning and Inspection prior to the expiration of the map. The map shall automatically be extended for sixty (60) days or until the application for extension is approved, conditionally approved or denied whichever occurs first. 

  - (B) Director of Planning and Inspection Action. The Director of Planning and Inspection shall review the request for extension for approval, conditional approval or denial. The Director of Planning and Inspection shall make a written determination on the request and, if approved or conditionally approved, shall specify the new expiration date. 

  - (C) Time Limit of Extension. The expiration date may be extended pursuant to this section for a period or periods totaling no more than three years. 

  - (D) Conditions of Approval. As a condition of the extension of a tentative map, the City Engineer may impose new conditions or revise existing conditions of the tentative map. 

  - (E) Appeal. The subdivider may appeal any action of the Director of Planning and Inspection concerning an extension to the City Council within ten days of such action in conformance with SCCC § **17.05.300(i)(2)** . 

  - (F) Fee. The fee for processing an extension shall be at actual cost. A deposit to be applied toward this fee shall be required.

(h) Amendments to the Approved Tentative Map. Amendments to the tentative map or conditions of approval may be approved by the Director of Planning and Inspection and the City Engineer upon application by the subdivider or on its own initiative, provided:
- (1) No lots, units or building sites are added;
- (2) Such changes are consistent with the intent of the original tentative map approval; (3) There are no resulting violations of the Santa Clara City Code;
- (4) Any revision shall be approved by the City Engineer. The revision shall be denoted on the approved tentative map and/or in writing to the subdivider, whichever is appropriate;
- (5) Any amendment shall not affect the expiration date of the approved tentative map; and
- (6) The City Engineer may require a new tentative parcel map application in lieu of the above procedure when, in his/her opinion, requested changes are substantial enough to warrant refilling and reprocessing.
(Ord. 1780 § 3, 4-8-2003; Ord. 2049 § 2, 8-16-2022)

§ 17.05.410. Parcel maps. ¶

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(a) General. The form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of this section and the Subdivision Map Act.
(b) Survey Required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed one ten-thousandth (1/10,000th) for field closures and one twenty-thousandth (1/20,000th) for calculated closures.
(c) Form. The form of the parcel map shall conform to final map form requirements as specified by SCCC § 17.05.310(f) .
(d) Contents. The contents of the parcel map shall conform to final map content requirements as specified by SCCC § 17.05.310(g) , excepting subsections (g)(3)(iv) and (7).
(e) Statements shall be in accordance with Section 66449 of the Government Code, with the addition of the trustee's certificate according to SCCC § 17.05.310(g)(3)(ii).
(f) The City Clerk's statement will be required if the tentative parcel map was approved by the City Council. The City Clerk's statement may include acceptance of offers of dedication.
(g) Lots shall be designated by letters commencing with "A" and shall continue consecutively with no omissions or duplications.
(h) Preliminary Submittal. The subdivider shall submit prints of the parcel map to the City Engineer for checking. The preliminary prints shall be accompanied by copies of the data, plans, reports and documents as required for final maps by SCCC § 17.05.310(i)(1) , Preliminary Submittal. The City Engineer may waive any of the requirements if the location and nature of the proposed subdivision or existing documentation demonstrates that compliance with the requirements of SCCC § 17.05.310(i) is not necessary.
(i) Review by City Engineer. The City Engineer shall review the parcel map and the subdivider's engineer shall make corrections and/or additions until the map is acceptable to the City Engineer. The subdivider's engineer shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the statements on the map, to the City Engineer.
(j) Approval by City Engineer. The City Engineer shall approve the parcel map if it complies with the requirements of the Subdivision Map Act, this chapter, the tentative map and all conditions thereof.
(k) Filing with the County Recorder. The City Clerk or authorized agent shall file the approved parcel map directly to the County Recorder.
(Ord. 1780 § 3, 4-8-2003)

§ 17.05.430. Parcel map for lot splits pursuant to SCCC § 18.13.050.

(a) Parcel maps for lot splits pursuant to SCCC § 18.13.050 shall comply with all requirements of SCCC § 17.05.400 , Tentative parcel map, except for subsections (d) , (e)(1) , and (f) .
(b) Parcel maps for lot splits pursuant to SCCC § 18.13.050 shall also comply with all requirements of SCCC § 17.05.410 , Parcel maps.
(c) The City Engineer shall approve the parcel map for a lot split pursuant to SCCC § 18.13.050 unless the City Engineer determines that the proposed map is not consistent with specific objective standards of the General Plan, applicable specific plans, or any applicable provision of this Code.
(Ord. 2049 § 3, 8-16-2022)