Milpitas Zoning Code Title XI Zoning, Planning and Annexation

Chapter 1 - SUBDIVISIONS

APPENDIX A TO ORDINANCE

Section 1 - Conformity to General Plan and Waiver

XI-1-1.01 - General Plan Conformance; Time for or Waiver of Report

(a)

A report as to conformity to the general plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the advisory agency on such division of land.

(b)

Such report is not required for a proposed subdivision which involves 1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; 2) acquisitions, disposition or abandonments for street widening; or 3) alignment projects, provided that the advisory agency expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature.

(Ord. 18.17 (part), 6/15/76)

Section 2 - Citation and Authority

XI-1-2.01 - Citation and Authority

This chapter is adopted to supplement and implement the Subdivision Map Act and may be cited as the "Subdivision Ordinance of Milpitas."

(Ord. 18.17 (part), 6/15/76)

Section 3 - Definitions

XI-1-3.00

Definitions. The following words and phrases shall have the meaning respectively ascribed to them.

(Ord. 18.17 (part), 6/15/76)

"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.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.02

"Subdivision" means the division of any improved or unimproved land, 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. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code or a community apartment project, as defined in Section 11004 of the Business and Professions Code. 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.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.03

Advisory agency.

(a)

Tentative maps. The Planning Commission of the City of Milpitas shall constitute the "advisory agency" for tentative maps.

(b)

Parcel maps. The Planning Commission of the City of Milpitas shall constitute the "advisory agency" for parcel maps.

(c)

Minor subdivision maps. The Planning Commission of the City of Milpitas shall constitute the "advisory agency" for minor subdivision maps.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.04

"Minor Subdivision" shall mean:

(a)

A subdivision herein defined divided into four or less parcels.

(b)

A division involving land which before division contains less than five acres, each parcel created by the division abutting upon a maintained public street or highway and no dedication or improvement being required by the legislative body.

(c)

A division of land into parcels each of which has a gross acreage of twenty acres or more and has approved access to a maintained public street or highway.

(d)

A division of land consisting of a parcel or parcels having approved access to a public street or highway comprising part of a tract of lands zoned for industrial or commercial development and which has the approval of the City Council as to street alignments and widths.

(e)

A division of land in which each parcel created by the division has a gross acreage of 40 acres or more (Government Code Section 66426).

(f)

Land involving short term leases which can be terminated by either party on not more than thirty days notice in writing or a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code provided the Planning Commission finds, upon substantial evidence, that public policy necessitates the application of these regulations to such operating rights-ofway. (See Government Code Section 66411).

(Ord. 18.17 (part), 6/15/76)

"Major Subdivision" means every subdivision other than a minor subdivision.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.06

Unless the term "subdivision" is modified by the term "major" or "minor" (or the context of this chapter otherwise requires), the term "subdivision" as used herein shall refer to any subdivision whether it be a "major" subdivision or a "minor" subdivision.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.07

Whenever the following terms appear in this chapter, said term shall be defined as they are defined in the Subdivision Map Act:

3.07-1 Tentative Map (See Govt. Code Section 66452 et seq.)

3.07-2 Final Map (See Govt. Code Section 66433 et seq.)

3.07-3 Parcel Map (See Govt. Code Section 66444 et seq.)

3.07-4 Design (See Govt. Code Section 66418)

3.07-5 Improvement (See Govt. Code Section 66419)

(Ord. 18.17 (part), 6/15/76)

Fair market value is the highest price, estimated in terms of money, that a property will bring if exposed for sale in the open market allowing a reasonable length of time to find a buyer who buys with full knowledge of all the uses to which the property is adapted and for which it is capable of being used.

(Ord. 18.24(A) (part), 8/18/87)

XI-1-3.09 - Urban Lot Split

"Urban Lot Split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

(Ord. No. 38.844, § 4, 12/14/21)

Section 4 - Tentative Map

4.01-1 Prior to filing a proposed tentative map, three copies of a Preliminary Tentative Map prepared by a registered civil engineer or licensed land surveyor shall be submitted to the Planning Division of the Community Development Department in order that the City staff may have the opportunity to rough check and mark latest information known in order to help eliminate any minor errors which may hold up the process for final submittal of the proposed Tentative Subdivision Map. The marked up copy will be returned to subdivider's engineer within two weeks. Preliminary maps east of Piedmont Road, Evans Road and Park Victoria Drive extended north of Jacklin Road shall show existing five foot contours and existing prominent landmarks including trees, rock outcroppings and streams.

4.01-2 The Tentative Map shall be clearly and legibly drawn to scale, shall be submitted on paper 24″ × 36″ in size, and to a scale of 1″ equals not more than 100′. Exceptions to this standard size and scale shall be considered in cases of very large subdivisions subject to City Staff review and approval. Room shall be left at the top or side of the paper for any approved Special Conditions as required by the Planning Commission-City Council. The Tentative Subdivision Map shall then be submitted; one sepia and thirty-five prints, accompanied by filing fees established by the City Council by resolution.

4.01-3 The Community Development Manager shall transmit copies of each tentative map to other departments, all serving public utilities, and agencies concerned. Upon receipt of a copy of a tentative map, each department concerned shall examine the map to ascertain if it conforms to the requirements of such department and shall advise the Community Development Manager its recommendations in accordance with such rules and regulations as the City Council may establish.

All tentative maps filed shall be prepared by a registered Civil Engineer or a licensed land surveyor.

4.01-4 The approval of a tentative map by the Planning Commission or City Council proposed for new real estate development or structure for human occupancy shall be subject to approval in accordance with the policies and criteria established by the State Mining and Geology Board and findings of the State Geologist in accordance with provisions of the Public Resources Code, Section 2621, et. seq.

4.01-5 A Condominium and/or Condominium Conversion Tentative Map shall be subject to an approved Conditional Use Permit as specified in the Milpitas Zoning Ordinance, Title XI, Chapter 10, Section 7.14.

4.01-6 Prior to approving a Tentative Map, the Planning Commission and City Council shall hold public hearings in accordance with the requirements of Title XI, Chapter 1, Section 18.05.

(Ord. 18.29 (part), 8/6/96; Ord. 18.19, 7/3/79; Ord. 18.17 (part), 6/15/76)

XI-1-4.02 - Form of Tentative Map

The following information listed below, and any other information deemed necessary by the Planning Commission, shall be shown:

4.02-1 Tentative Map Name (County Tract Number, if possible).

4.02-2 Date, north arrow, scale, and subdivision boundaries clearly marked, dimensioned and labeled.

4.02-3 Name and address of engineer who prepared map.

4.02-4 Each lot dimensioned and numbered consecutively with or last lot number circled.

4.02-5 Sufficient elevations or contours to determine the general slope of the land, the high and low points thereof. Elevations shall refer to City of Milpitas datum.

4.02-6 All existing drainage features.

4.02-7 Name of adjoining property owners.

4.02-8 Existing and proposed roads, streets, highways and ways: Locations, names, existing and proposed widths, and grades and traffic indicies.

4.02-9 Easements existing and proposed if known: Widths, locations and purposes.

4.02-10 Existing buildings which are to remain in place: Dimensions and locations; and existing water wells and septic tanks.

4.02-11 Vicinity sketch (not to scale).

4.02-12 The locations, names and existing width of all the adjoining and contiguous highways, streets, and ways.

4.02-13 Existing trees and prominent landmarks such as streams and rock outcroppings.

4.02-14 For subdivisions east of Piedmont Road, Evans Road and Park Victoria extended north of Jacklin Road; the average slope of each proposed lot based on existing contours as shown on Aerial maps on file in the office of the City Engineer.

4.02-15 General notes to be included on map:

(a)

Name and address of record owner or owners.

(b)

Name and address of subdivider.

(c)

Total acreage within subdivision boundaries.

(d)

Minimum lot size in square feet.

(e)

Existing use or uses of subject property.

(f)

Proposed use or uses of subject property.

(g)

A statement of the improvements and public utilities proposed to be made or installed.

(h)

Provision for water by the City of Milpitas.

(i)

Provision for sewerage by the Milpitas Sanitary District.

(j)

Street tree planting as required by the City.

(Amended during 2-92 supplement; Ord. 18.17 (part), 6/15/76)

XI-1-4.03 - Planning Commission Action on Tentative Map

The Planning Commission shall determine whether the tentative map is in conformity with the provisions of law and of this Chapter and the General Plan and upon that basis shall within fifty (50) days after filing of the tentative map recommend that the Council approve, conditionally approve, or disapprove the same. The Planning Commission may recommend the advisability of dedicating suitable areas for such parks, schools, and public sites that will be required for the use of the neighborhood by the population which is intended to occupy the subdivision, under the plan of proposed property uses therein. In all cases, the Planning Commission shall require such measures which will make for excellence of community development. The Planning Commission may reject a tentative map if the only practical use which can be made of the property, as proposed to be subdivided, is a use prohibited by any ordinance, statute, law, or other valid regulation, or if the property is deemed to be unhealthful for occupancy. The Commission shall recommend to the City Council with respect to the conformity finding required by Section XI-1-20.01 of this chapter upon any approval or conditional approval of the Tentative Map.

(Ord. 18.17 (part), 6/15/76)

XI-1-4.04 - Report

4.04-1 Within said fifty (50) days, the Planning Commission shall report to the Council and subdivider regarding said tentative map and the action of the Planning Commission thereon.

4.04-2 Any report or recommendation on a tentative map by the staff to either Planning Commission or Council shall be in writing and a copy shall be served on the subdivider at least 3 days before any hearing or action by Commission or Council on said map (G.C. 66452.3).

4.04-3 At its next regular meeting following receipt of the report, the Council shall fix a meeting date within 30 days when it shall act upon the report and shall approve, conditionally approve or disapprove the tentative map. Action shall be endorsed on the face of the tentative map, and, in the event of the conditional approval or disapproval of the tentative map, a memorandum setting forth the conditions of any conditional approval or the reasons for any disapproval shall be prepared by direction of the City Council and permanently attached to said tentative map. The conformity finding required by Section XI-1-20.01 of this chapter shall be made by the Council upon any approval or conditional approval of the Tentative Map.

4.04-4 Pursuant to Section 66474.6 of the Government Code, the City Council shall determine whether the discharge of waste from the proposed major subdivision into the existing community sewer system will result in violation of existing requirements of the California Regional Water Quality Control Board. If the City Council finds that the proposed waste discharge would result in or add to violation of requirements of said Board, it may disapprove the tentative map or maps of said major subdivision.

(a)

A report shall be submitted pursuant to 66474.6 of the Government Code containing such information as the Public Works Director shall require to determine whether the discharge of waste from the proposed subdivision into the existing community sewer system would result in violation of existing requirements of the California Regional Water Quality Control Board.

(Ord. 18.17 (part), 6/15/76)

By mutual consent of subdivider and Planning Commission or Council the time limits set forth in subsections 4.03 and 4.04 may be respectively extended. A 15-day extension shall be allowed under Government Code 66452.7 to consider a State Office of Intergovernmental Management evaluation.

XI-1-4.06 - Expiration of Tentative Map Approval; Extension

(a)

Expiration. The approval or conditional approval of a tentative map shall expire twenty-four (24) months from the date the map was approved or conditionally approved.

(b)

Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Planning Division of the Community Development Department. Such application is to be filed at least 30 days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.

(c)

Time Limit on Extensions. An extension(s) of a tentative map approval or conditional approval shall not exceed an aggregate period of twelve (12) months in addition to the time specified in Subsection (a) of this Section.

(d)

Effect of Map Modification on Extension. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

(e)

Effect of Development Moratorium. The period of time specified in subparagraphs (a) and (c) of this section shall not include any period of time during which a development moratorium (imposed after the approval of the tentative map) is in effect. Provided, however, that the length of said moratorium shall not exceed five (5) years.

Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty (120) days, the map shall be valid for one hundred twenty (120) days following the termination of the moratorium.

(f)

Effect of Judicial Action. The period of time specified in subparagraph (a) shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of the time period is approved by the City. Within ten (10) days of the service of the initial petition or complaint in the lawsuit upon the City, the subdivider may apply to the City for a stay. Within forty (40) days after receiving the application, the City shall either stay the time period for up to five (5) years or deny the requested stay. A hearing on a requested stay shall beheld before the City Council upon notice given ten (10) days prior to the hearing by publication in a newspaper of general circulation and also by mailing to the subdivision at his address upon the stay request.

(g)

Retroactivity. For all tentative maps approved prior to the effective date of the section, the expiration and extension dates shall be determined in accordance with this section, for an aggregate time (including extensions) not to exceed thirty-six (36) months.

(Ord. 18.22; 11/2/82)

Section 5 - Final Map

XI-1-5.01-1 Prior to expiration of approval or conditional approval of a tentative map or prior to the expiration of any extension of said approval or conditional approval, the subdivider shall cause the subdivision or any part thereof to be surveyed and a proposed final map thereof to be prepared in

conformance with the tentative map as approved or conditionally approved and in conformance with the provisions of this chapter.

5.01-2 Said proposed final map shall be submitted to the City Engineer (with tracing and prints thereof as required by the Recorder of the County of Santa Clara), together with the following:

(a)

A title company subdivision guarantee showing the name of the record owner whose signature is to be on the map certificate and a letter from the title company stating who is authorized to sign the subdivision agreements.

(b)

In the event any dedication is to be made for the public use, a preliminary title record issued by a title insurance company, in the name of the owner of the land, issued to or for the benefit and protection of the City of Milpitas, showing all parties whose consent is necessary and their interest therein.

(c)

Calculation and traverse sheets, used in computing the distances, angles and courses shown on the final map and ties to existing and proposed monuments.

(d)

Proposed plans and profiles for all improvements.

(e)

Three copies of each proposed agreement for improvements.

(f)

Three copies of each proposed bond for improvements.

(g)

Three copies of proposed deed restrictions.

(h)

Three additional prints of the proposed final map.

5.01-3 Upon receipt of the final map, the City Engineer shall examine the same and the other items received therewith to ascertain whether the subdivision as shown is substantially the same as it appeared on the approved tentative map or any approved alterations thereof, and to ascertain whether the map is technically correct. If the map is found to be technically correct, in conformity with the approved tentative map, the City Engineer shall certify said final map.

(Ord. 18.22, 11/2/82)

5.02-1 The final subdivision map shall be clearly and legibly drawn upon tracing cloth of good quality. All lines, letters, certifications, figures, acknowledgements and signatures shall be made in black india ink. Typewriting or rubber stamps shall not be used for signatures. The map shall be so made and shall be in such condition when filed that good legible blue prints and negatives can be made therefrom. The size of the sheets of tracing cloth shall be eighteen by twenty-six inches (18″ × 26″). A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the final map shall be one inch equals not more than one hundred feet (1″ = 100′).

5.02-2 When the final map consists of three (3) or more sheets, a key map showing the relation of the sheets shall be placed on one sheet. Every sheet comprising the map shall bear the scale, north point, legend, sheet number and number of sheets comprising the map.

5.02-3 Maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously so designated by the title "Reversion to Acreage."

5.02-4 The map shall show clearly what stakes, monuments or other evidences were found on the ground to determine the boundaries of the tract. The corners of all adjoining subdivisions shall be identified by lot and block numbers, tract name and place of record, or other proper designation.

5.02-5 Sufficient data must be shown to determine readily the bearings and length of every lot line, block line and boundary line. Dimensions of lots shall be given as the net dimensions to the boundaries of adjoining streets and shall be shown in feet and hundreds of feet. No ditto marks shall be used. Lots containing one acre or more shall show net acreage to nearest one-hundredth acre. Bearings and distances of straight lines, and radii, arc lengths and central angles of curves shall be shown.

5.02-6 Whenever the City Engineer has established the monument line of a street or alley adjacent to or in the proposed subdivision, the date shall be shown on the final map, indicating all monuments found and reference to a field book or map. If the points were reset by ties, that fact shall be stated.

5.02-7 The map shall show the location and description of all monuments found in making the survey of the subdivision, and shall include bearings and distances to such other existing monuments as may be necessary to establish the position of the proposed subdivision in relation thereto and in relation to the California Coordinate System, Zone III.

5.02-8 Three copies of any proposed deed restrictions shall be filed with the City Engineer at the time of filing the final map, or if there are none a statement to that effect shall be filed.

5.02-9 In addition, the final map shall be prepared in full compliance with the following requirements:

(a)

The boundary of tract shall be clearly designated as the City Engineer shall require. Such border shall not interfere with the legibility of figures or other data.

(b)

The map shall show the monument and side lines of all streets, the total width of all streets, the width of the portion being dedicated and the width of existing dedications, and the widths each side of the monument line, also the width of railroad rights-of-way, appearing on the map.

(c)

The map shall show the side lines of all easements to which the lots are subject. The easements shall be clearly labeled and identified. If any easement is not of record, a statement of such easement must appear on the title sheet. Easements for storm drains, sewers, telephone and electric utilities and other purpose shall be denoted by fine dotted lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto, to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly set out in the owner's certificate of dedication.

(d)

City boundary lines crossing or abutting the subdivision shall be clearly designated and referenced.

(e)

Lot numbers shall begin with the number "1" and shall continue consecutively through the entire subdivision with no omissions or duplications.

(f)

Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both streets complete with monument line and property line data.

(g)

The map shall also show all other data that is or may be required by law.

(h)

The final map shall particularly define, delineate and designate all lots intended for private purposes; all parcels offered for dedication for any purpose, public or private, with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication but not accepted shall be designated by letter; and private streets offered but not accepted for dedication shall each be designated "not a Public Street."

(i)

The date and name of the engineer preparing any required soils report shall be added to the map.

(Ord. 18.17 (part), 6/15/76)

The following certificates and acknowledgments and all others now or hereafter required by law shall appear on the final map. Such certificates may be combined where appropriate.

5.03-1 A certificate signed and acknowledged by all parties having any record title interest in the land subdivided consenting to the preparation and recordation of said map; except these interests described in Subsections a, b and c of Section 66436 of the Government Code.

5.03-2 A certificate signed and acknowledged as above offering for dedication all parcels of land shown on any final map and intended for any public use, except those parcels other than streets, which are intended for the exclusive use of the lot owners in a subdivision, their licensees, visitors, tenants, and servants. Such certificate shall state whether dedication includes or excludes any public utility facilities located on or under the land offered for dedication; if dedication includes said facilities, the owner thereof must join in the execution of the certificate.

5.03-3 A certificate by the registered civil engineer or licensed land surveyor responsible for the survey and the final map, in accordance with the provisions of Section 66441 of the Government Code.

5.03-4 A certificate for execution by the City Engineer, in accordance with the provisions of Section 66442 of the Government Code.

5.03-5 A certificate for execution by the County Recorder.

5.03-6 A certificate of approval by the City Council for execution by the City Clerk in accordance with the provisions of Section 66440 of the Government Code.

(Ord. 18.17 (part), 6/15/76)

XI-1-5.04 - Date of Filing of Final Map

The final map shall be deemed to be filed when the final map has been submitted and all certificates required thereon have been executed (except the certificate to be executed on behalf of the City Council).

(Ord. 18.17 (part), 6/15/76)

XI-1-5.05 - Council Action on Final Map

5.05-1 At the first regular meeting following the filing of final map with the City, the City Council shall consider the same.

5.05-2 The Council shall consider any and all offers of dedication and may accept or reject any or all of them.

5.05-3 The Council shall require the subdivider to agree to make required improvements, and to execute and deliver agreements, bonds and certificates relating thereto.

5.05-4 If the Council finds that the final map conforms to all of the requirements of the Subdivision Map Act, this Chapter and the rules and regulations issued pursuant thereto and rulings thereunder, it shall approve the Map.

5.05-5 When the required agreements and bonds have been executed, delivered and approved, and when all fees and deposits are made, the City may cause the appropriate certificates of approval by the City Council to be affixed to the final map and present the final map for recordation or release the final map to a

Title Company, along with a letter of instruction authorizing the Title Company to record the map, only if the information contained in the Subdivision Guarantee and the letter stating who is authorized to sign the agreements is correct at the time of recordation.

(Ord. 18.17 (part), 6/15/76)

XI-1-5.06 - Failure to File Map

5.06-1 Failure to the subdivider to file a final map within the time required by this Chapter, or any extension thereof, shall terminate all proceedings.

(Ord. 18.17 (part), 6/15/76)

Section 6 - Minor Subdivision and Parcel Maps

6.01-1 Whenever a subdivider proposes to lay out, wholly or partly a minor subdivision within the City of Milpitas, the subdivider or his agent shall cause a tentative map to be filed in accordance with the requirements and procedures set forth in Section 4 of this chapter.

6.01-2 A filing fee shall be required and shall be paid to the City on filing, in accordance with a schedule of filing fees established by the City Council.

6.01-3 The tentative map shall be considered by the Planning Commission in the same manner and in accordance with the requirements and procedures set forth in Section 4 of this Chapter except that the Planning Commission action shall be final unless an appeal is filed with the City Council as provided for in Section XI-1-18.04.

6.01-4 In approving, conditionally approving, or disapproving a tentative map hereunder, the Commission shall be empowered to impose such conditions and requirements.

(a)

as are deemed necessary to protect the surrounding property, neighborhood and community.

(b)

as are consistent with the general purposes and intent of this Chapter and the General Plan.

(c)

as include, but are not limited to, adequate provision for area, lot design, grade, slope, street and easement opening, widening, alignment, width and access, and the dedication and improvement of public and private streets, highways, ways, and easements for traffic, drainage and sanitation.

6.01-5 Any minor subdivision proposed to be approved by the Planning Commission which proposes new real estate development or structure for human occupancy shall be subject to approval in accordance with the policies and criteria established by the State Mining and Geology Board and findings of the State Geologist in accordance with the requirements of the Public Resources Code, Section 2621, et. seq.

6.01-6 The conformity finding required by Section 20.01 of this chapter shall be made by the Commission upon any approval or conditional approval of the tentative map.

(Ord. 18.17 (part), 6/15/76)

6.02-1 Prior to expiration of approval or conditional approval of a tentative map or prior to the expiration of any extension of said approval or conditional approval the subdivider shall cause the filing of a parcel map in accordance with the provision of Section 66463 and 66464 et. seq. of the Government Code and this chapter.

6.02-2 The time for filing said parcel map may be extended by written consent of the City Planning Commission for a period or periods not exceeding two (2) years.

6.02-3 The City Engineer shall not certify the parcel map for recordation, unless and until he finds that:

(a)

the parcel map is in substantial conformity with the approved tentative map, with any conditions imposed upon its approval, and with the requirements of law.

(b)

all directions required have been made or are being made concurrently with the filing of the parcel map, and

(c)

all improvements required have been made or have been agreed to be made in accordance with requirements of the statutes of the State of California, the ordinances and resolutions of the City of Milpitas, and the requirements of the City Engineer.

(d)

if improvements are agreed to be made, that all necessary agreements, bonds, and certificates have been filed with the City and approved by The City Attorney.

6.02-4 If the City Engineer finds that the requirements of this chapter have been complied with, he is empowered to certify the parcel map for recordation. Such other certificates as are necessary or convenient to show the acceptance in connection with the processing of a parcel map and as are not forbidden by law may be appended to said parcel map and executed by the appropriate City officials.

6.02-5 All improvements shall be assured within the period required by this Chapter for the filing of a parcel map, unless the City Planning Commission shall consent to a time extension as provided herein. Said assurance shall consist of the execution and filing of improvement agreements, faithful performance and labor and materials bonds and certificates in the same manner as is required for a major subdivision under the provisions of this chapter.

6.02-6 All dedications and improvements required pursuant to the provisions of this Article shall be made in conformity with the requirements and standards relating to major subdivisions as required by this chapter.

(Ord. 18.22, 11/2/82)

6.03-1 Whenever the owner of real property seeks to create separate parcels for the sole purpose of having said parcels separately assessed for real property tax purposes upon the County Tax Roll, the owner shall file a statement with the Community Development Department verifying under oath that said division is for tax purposes only. Said statement shall be filed within 30 days following application to the assessor's office for separate assessment and shall be in a form to the approval of the City Attorney.

(Ord. 18.17 (part), 6/15/76)

XI-1-6.04 - Minor Subdivision Requirements

No Minor Subdivision of land shall be made unless provisions of this section 6 have been complied with.

(Ord. 18.17 (part), 6/15/76)

Section 7 - Improvement Requirements

7.01-1 The street design shall conform both in width and alignment to any master plan of streets approved by the City Council; the rights-of-way for any such streets indicated on said master street plan shall be dedicated.

7.01-2 The street design shall conform to any proceedings affecting the subdivision which may have been initiated by the City Council, or approved by said Council upon initiation by other legally constituted bodies of City, County or State. If a parcel of land to be subdivided includes a portion of the right-of-way to be acquired for a freeway or a parkway, then the City Council shall determine the boundaries of the right-ofway to be acquired. The subdivider shall either dedicate or withhold from subdivision all the area included in the said right-of-way.

7.01-3 The following general conditions shall apply to street and highway design:

(a)

All streets shall, as far as practicable, be in alignment with the existing adjacent streets by continuations, the center lines thereof, or adjustments by curves; and shall be in general conformity with the master plan made for the most advantageous development of the area in which subdivision lies.

(b)

The Street Center lines shall be required to intersect one another at an angle as near a right angle as is practicable by tangents not less than 75 feet in length. Whenever a major street intersects another, greater tangents may be required.

(c)

Where necessary to give access to or permit a satisfactory future subdivision on adjoining land, streets shall extend to the boundary of the property and the resulting deadend streets may be approved without a turn-around. In all other cases, a turn-around shall be required.

(d)

On all street intersections the property line at each block corner shall be rounded by a curve having a radius of not less than 20 feet. Whenever a major street or State Highway intersects any other street or highway, or if streets intersect at other than right angles, a greater curve radius may be required.

(e)

The center line curve radii on all streets shall conform to accepted engineering standard of design and shall be subject to approval by the City Engineer.

(f)

Reserve strips controlling the access to public ways, will not be approved unless such strips are necessary for the protection of public welfare or of substantial property rights, or both, and in no case, except in which the control and the disposal of the land comprising such strips is placed definitely within the jurisdiction of the City under conditions approved by the City Council.

(g)

Each hillside street and driveway shall be designed and located so as to minimize its visibility to the valley floor. The following principles shall be considered in designing such facilities:

1.

Place such facilities near lower elevation ravines rather than on ridge lines.

2.

Minimize the number of east/west alignments.

3.

Place extensive slope plantings to camouflage the street visibility where practical.

4.

That street and driveway cross slopes be designed toward the inside of hills to minimize visibility.

5.

That slope rounding be utilized to minimize the impact of cuts and fills.

6.

That private streets be utilized provided maintenance can be fairly assessed to the user.

7.01-4 Streets now shown on any master street and highway plan, or affected by proceedings initiated by the City Council, or approved by the City Council upon initiation by other legally constituted governmental bodies, shall be of the widths as set forth hereunder, except where it can be shown by the subdivider to the satisfaction of the City Engineer that the topography or small number of lots served and the probable future traffic development are such as to unquestionably justify a narrower width, increased widths may be required where streets are to serve commercial property, or where probable traffic conditions warrant such increased widths:

(a)

Major Streets: right-of-way one hundred twenty-four (124) feet, one hundred four (104) feet wide between outside curbs, sixteen (16) feet wide median. Where a Major Street passes through or abuts a residential development that is utilizing a back-up-lot treatment, including no direct vehicular access onto said Major Street, the standard one hundred twenty-four (124) foot right-of-way shall be increased by seven (7) feet on each side which abuts said residential development.

(b)

Secondary Streets: right-of-way ninety (90) feet, seventy (70) feet between curbs. Where a Secondary Street passes through or abuts a residential development that is utilizing a back-up-lot treatment, including no direct vehicular access onto said Secondary Street, the standard ninety (90) foot right-of-way shall be increased by seven (7) feet on each side which abuts said residential development.

(c)

Collector Streets: right-of-way sixty (60) feet, forty (40) feet between curbs.

(d)

Minor Subdivision Streets: right-of-way fifty-six (56) feet, thirty-six (36) feet between curbs.

(e)

Major Industrial Streets: right-of-way eighty-eight (88) feet, sixty-eight (68) feet between curbs.

(f)

Minor Industrial Streets: right-of-way sixty-eight (68) feet, forty-eight (48) feet between curbs.

(g)

Hillside: shall mean that area of the City of Milpitas so defined by the adopted General Plan.

(h)

Hillside Major Public Street: Public owned and maintained road. Minimum right-of-way eighty (80) feet, sixty-four (64) feet curb-to-curb.

(i)

Hillside Collector Public Street: Public owned and maintained road. Minimum right-of-way width fifty-six (56) feet, thirty-six (36) feet curb-to-curb.

(j)

Hillside Minor Public Street: Public owned and maintained road which serves two (2) or more sites or parcels within the land Division. Minimum right-of-way width forty-eight (48) feet, thirty-two (32) feet roadway width.

Temporary Access Roadway: Privately owned and maintained roadway serving more than one dwelling unit from the nearest publicly maintained road providing access to serve the parcels being divided until such time as the public roadway is dedicated and constructed.

NOTE: Must be of limited duration as approved by the City Council and is to be abandoned as soon as alternative public access if available. Minimum twenty (20) foot "all-weather surface roadway" to provide a traffic index of five (5).

Driveway: Privately owned and maintained access from the public road to each single-family dwelling a minimum of fourteen (14) feet in width.

NOTE: Chain linking driveway-to-driveway is prohibited. Chain linking shall mean the use of a driveway of another lot as portion of the driveway to the parcel in question.

7.01-5 Service Roads and Off-Street Parking. When lots opposed for commercial usage front on any major or secondary street or highway, the subdivider may be required to dedicate and improve a service road to provide ingress and egress to and from such lots, or in lieu thereof, if approved by the Planning Commission, the subdivider may dedicate for public use an improved area adjacent to such lots for offstreet parking purposes. When any lots proposed for residential use front on any freeway, state highway or parkway, the subdivider shall dedicate and improve a service road at the front of such lots, unless such is already existent as part of such freeway or parkway. In addition to any requirement for a service road, the Planning Commission may require adequate off-street parking areas for all lots proposed for commercial use.

7.01-6 Non-access or planting strips. When the rear or side lines of any lots border any Major or Secondary Street, Freeway, Highway, or Parkway, the subdivider may be required to dedicate and improve planting strips adjacent to said Street, Freeway, Highway, or Parkway and may be required to prohibit the right of ingress and egress to such lots across the side lines of such Streets or Highways by appropriate designation and certification on the Subdivision Map.

7.01-7 Lookout Points. When streets are in a location that affords a view of significant beauty, the City may require the dedication and improvement of lookout points.

7.01-8 Street Names. All street names shall be as approved by the City Council and no duplication of street names shall be permitted.

7.01-9 Acre Lot Subdivisions. Where a parcel is subdivided into a tract of lots exceeding the minimum lot size specified in the General Plan, the block shall be of such size and shape and be so divided into lots as to provide for the extension and opening of streets at such intervals as will permit a subsequent division of any parcel into lots of smaller legal size.

7.01-10 Streets. All streets shall be graded and paved to widths and grades approved by the City Engineer. The subdivider shall improve the extension of all subdivision streets, or public ways to the intercepting paving line of any County road, City street or State highway.

7.01-10.1 Hillside Maximum Grades. For temporary access roadways serving no more than four (4) lots, twenty percent (20%). For driveways, not over one hundred (100) feet in length, twenty percent (20%). All other temporary access roadways and driveways, no more than allowed for public cul-de-sac roads.

7.01-11 Curbs and Gutters. Curbs and gutters shall be installed to locations and grades approved by the City Engineer.

7.01-12 Sidewalks. Sidewalks shall be installed to locations, widths and grades approved by the City Engineer.

7.01-13 Driveways. An all-weather surface roadway conforming to Chapter II-13 of this Code.

(a)

Turning Radius. Turning radius shall be designed to meet the Fire Department requirements.

(b)

Turnout Space. Turnout space shall be provided on driveways over one hundred fifty (150) feet in length, with a maximum spacing of one hundred fifty (150) feet if roadway less than eighteen (18) feet wide.

(c)

Turnaround. All dwelling units shall provide an on-site area for vehicles to turn around if served by a driveway over one hundred fifty (150) feet in length to meet the Fire Department's requirements.

(d)

Vertical Clearance. All privately owned and maintained roads and drives shall assure a minimum fourteen (14) foot vertical clearance.

(Ord. 38.672 (part), 9/15/92; Ord. 18.21, 11/3/81; Ord. 18.17 (part), 6/15/76; Ord. 18.7, 11/67)