Monte Sereno Municipal Code Ch. 13.02 Special Provisions

Development on potentially Hazardous Areas shall be subject to the following restrictions:

A. Earthquake Faults and Earth Slides: Any proposed subdivision on the active trace or in the currently active zone of the San Andreas Fault, or in the immediate vicinity of such fault or zone, or in an area which has critically expansive or other undesirable soil conditions which, if not corrected, would lead to structural defects or damage to subdivision improvements, may be approved only after submission to and approval by the City Council of a special geological and/or soil engineering report prepared by a recognized authority. Such report shall specify the remedial measures, if any are necessary, that will make the subdivision safe for development. Adequate guarantee must be provided prior to recording the final map or parcel map that such measures as are necessary will be taken before construction of any buildings or acceptance of any improvements by the City. No structure will be permitted on slopes in excess of forty percent (40%). Building sites must have an area of at least five thousand four hundred (5,400) square feet and slopes less than forty percent (40%).

B. Flood Areas: Any proposed subdivision, any part of which is located in an area subject to inundation in the one hundred (100) year flood as determined by the City Engineer and/or the Santa Clara Valley Water District which, if not corrected, would lead to structural defects or damage to subdivision improvements may be permitted only after submission to and approval by the City Council, acting on the recommendations of the City Engineer of a special engineering report prepared by a recognized authority. Such report shall specify the remedial measures, if any are necessary, that will make the subdivision safe for development. Adequate guarantees must be provided prior to recording the final map or the parcel map that such measures as are necessary will be taken before construction of any buildings or acceptance of any improvements by the City.

C. Conflagration Areas: Any proposed subdivision, any part of which is located in an area subject to Potential danger of conflagration, as determined by the Fire Protection Agency, may be permitted only if water supply, fire hydrants, street improvements, ingress, egress and emergency access are sufficient and approved by the Fire Protection Agency.

D. Noise: Any proposed subdivision, any part of which is located so as to expose future occupants to levels of noise potentially injurious to said occupants, shall be deemed unsuitable and inconsistent with the City's General Plan unless shown by a certified noise study that the potential hazard will be adequately mitigated in a way consistent with the City's General Plan.

(Ord. No. NS-187, § 5, 9-3-2013)

In making the survey, the engineer or surveyor shall set permanent monuments at all boundary corners, in all street intersections, and at the beginning and ending of curves. The City Engineer may waive the requirements for setting monuments in impracticable locations. Monuments in street intersections may each be offset five (5) feet from the point of intersections of the center lines as specified by the City Engineer, except that when point of intersection monuments are set, they shall be at the point of intersection of the center lines. No monument shall be less substantial than a three-quarter inch nominal diameter iron pipe, 18 inches long, centered with a plug and driven into the ground. The exact point to be preserved shall be marked with a metal tack or copper wire or by a cross chiseled in the monument. Monument boxes may be required by the City Engineer. All monuments and placement thereof shall be subject to the inspection and approval of the City Engineer. If any shortage or excess is found on the ground between monuments compared to the original records, any division of the total must bear its proportion of such excess or shortage. A traverse of the boundaries of the tract and of all lots and blocks must close within a limit of error of one foot to the mile of circumference, except that in territory in which five foot contour lines would fall sixty-five feet or less apart, a traverse of the boundaries of lots and blocks must close within a limit of error of two feet to the mile of circumference.

Street design and right-of-way widths within and adjacent to every subdivision shall conform to the (1) City's General Plan; (2) Official Plan Lines adopted or proposed by the City Council; (3) to expressway and freeway routes adopted by the County or State and (4) to the provisions of this Title.

A. Minimum widths of public rights-of-way shall be as follows:

1. Freeways and State Highways:

As specified by the State of California.

2. County Highways: As specified by the County of Santa Clara.

3. Expressways: To conform to connecting State or County or City Expressways and Freeways.

4. City Streets (to be accepted):

a. Major Arterials: Eighty-four (84) feet for four-lane streets one hundred (100) feet for four-lane streets with median strip.

b. Collector Streets: Sixty (60) feet.

c. Local Streets: Forty (40) or fifty (50) feet.

d. Culs-de-Sac: Forty (40) or fifty (50) feet. All culs-de-sac shall include a turn around right-of-way equivalent to a circle eighty-four (84) feet in diameter at the closed end and shall not exceed eight hundred (800) feet in length.

e. Dead-End Streets: No dead-end street shall be accepted into the City Street System.

B. Private streets shall have the same right-of-way widths and lengths as are required for accepted City streets except that:

1. Dead-end streets may be approved subject to the following conditions:

(a) If serving two potential lots right-of-way shall be at least thirty (30) feet wide.

(b) Dead-end streets to serve more than two (2) potential lots will not be approved.

(c) All dead-end streets shall include a turn-around at or near the closed end as required by the Fire Protection Agency.

(d) Dead-end streets shall have adequate parking.

(e) Dead-end shall not exceed two hundred and fifty (250) feet in length.

2. Cul-de-Sac Streets may be approved as deemed appropriate by the City Council.

C. Private Driveway Corridors shall have a minimum width of twenty (20) feet for each lot so served with turn-around as recommended by the Fire Protection Agency. Driveways may be combined or joint use of driveways may be allowed by the City Council. Provided, however, any driveway proposed to be used by more than one (1) lot shall not have less than eighteen (18) feet of pavement.

Whenever the size or location of a parcel of land does not permit a lot pattern directly related to a conventional street arrangement, with streets open at both ends to other streets, closed-end streets may be authorized for Public City Streets and Private Streets as culs-de-sac or private dead-end streets.

All streets shall, as far as practicable, be in alignment with existing adjacent streets. Center lines of all contiguous streets shall be the center line of the existing streets. In cases in which straight continuations are not physically possible, such center lines may be continued as curves with the approval of the City Engineer.

Subdivision streets needed to provide traffic circulation to serve adjoining property shall be extended to the subdivision boundary. If the street does not connect to an existing street, the final one (1) foot shall be granted in fee to the City. It is the purpose of such a one-foot reserved strip to prohibit ingress or egress across it to or from adjoining property without the written approval of the City Council.

A. Streets will be required to intersect one another at an angle as near to a right angle as practicable in each specific case, unless otherwise necessitated by topographic conditions.

B. Rounded returns with a minimum radius of twenty (20) feet, or equivalent diagonal cut-offs, shall be required in all cases. The right-of-way line radius of return may vary upwards in relation to the width of roadway, angle of intersection, intersection design, and type of land use.

C. Visibility and safety of vehicular and pedestrian traffic shall be a primary consideration.

D. No obstruction over three (3) feet and less than six (6) feet in height shall be permitted within a triangle delineated by sides of forty (40) feet on long on the right-of-way lines of intersecting streets, measured from the point of intersection of said lines or their extensions, and the hypotenuse connecting the ends of said sides when such obstruction would interfere with a clear view of passing traffic on either street.

By-pass streets, on and off ramps, frontage streets, acceleration and deceleration lanes and right turn lanes may be required in intersections with freeways, expressways, and major arterials in accordance with good engineering practice. Through lots in such locations shall be designed for access to and from the street opposite to the major street on which the lot abuts.

A. Grades: All streets shall have at least five-tenths of one percent (0.5%) grade. If the slopes is less than two (2) percent Portland cement, concrete gutters shall be provided. Except in hillside subdivisions, grades shall not exceed six (6) percent on major arterials, eight (8) percent on collector and local streets, or fifteen (15) percent on any street except with the positive approval of the Fire Protection Agency and the City Engineer.

B. Curves: Except in hillside subdivisions, center line radii shall not be less than five hundred feet (500′) on major arterials and not less than seventy-five feet (75′) on all other streets.

C. State and County Approval: Freeways, expressways, Scenic Highways, State and County Highways, and developments adjacent thereto shall be subject to further requirements as necessary to conform to applicable state and county standards and conditions of approval.

A. Blocks shall not exceed one thousand two hundred (1,200) feet in length unless the previous adjacent pattern, or topographic conditions, justify a variation from this requirements. Long blocks shall be provided adjacent to major thoroughfares in order to reduce the number of intersections.

B. Pedestrian ways of practical width and bicycle facilities may be required to provide access to school sites, parks, transportation facilities and other public areas recommended by the City Engineer. Pedestrian ways may be accepted by the City for maintenance, but not as part of the City street system. Such facilities must be designed so as to afford users maximum protection from motor vehicles.

Streets and easements serving new subdivisions shall have a minimum vertical clearance of fourteen (14) feet over the surface of the traveled way.

All parcels of land on a Final Map or a Parcel Map intended for any public use shall be offered for dedication for public use, except, with the approval of the City Council, those parcels which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants.

All Public City Street improvements which are intended to be accepted into the City street system shall be constructed to standards established in the edition current at the time of construction of the State of California (CalTrans) "Standard Specifications" and "Standard Plans."

A. Freeways and state highways shall be improved as required by the State of California.

B. Expressways shall be improved as required by the State of California or the County of Santa Clara as appropriate.

C. County highways shall be improved as required by the County of Santa Clara.

The following table is for convenient reference only and does not supersede, amend or prevail over other provisions of this Chapter.

Footnotes:

(1) Structural requirements for privately maintained streets are the same as for City streets.

(2) Minimum thickness of aggregate base is six (6) inches for all streets and two and one-half (2-½) inches of asphaltic concrete for all City streets; soil conditions and planned traffic volume may require increases over these figures.

(3) Includes concrete gutters measured face to face of curb. On any side of any street where a parking lane is omitted, provide a thirty foot by eight foot (30′ × 8') turn-out at each fire hydrant and at intervals of not more than five hundred (500) feet of street length.

(4) For hillside subdivisions see Article 10 of the Chapter with reference to slope easements, and reduced requirements for roadbed width, curves, grades and other deviations where circumstances so indicate.

(5) Minimum grade of one-half of one percent (0.5%) is required on all streets, Portland cement concrete gutters shall be provided where the slope is less than two (2) percent.

(6) Width and parking land requirements for hillside public or private streets may vary with the amount of on-site parking provided.

Street lighting may be required by the City Council. If street lighting is provided, the facilities shall be installed, maintained and energized as authorized by the City Council acting on the recommendations of the City Engineer and the utility company. Payment for energy shall be made by the benefited landowners through formation of or annexation to an appropriate assessment district or another arrangement approved by the City Council. The design of any street lighting facilities shall be compatible with the type of underground utilities serving the subdivision. A subdivision in, or annexing to, an assessment district shall pay all costs associated therewith incurred by either the subdivider, property owners in the subdivision or the City.

The subdivider shall equip all street intersections and appropriate reaches of the streets serving the subdivision with sign posts, street name signs, dead-end signs, warning signs and similar safety devices which shall conform to the standards and specifications of "Standard Details" or of the State of California as may be applicable.

Trees, shrubs or other landscaping or erosion control plantings and facilities within the subdivision or within the rights-of-way and slope easements shown on the subdivision map may be required by the City Council acting on the recommendations of the City Engineer as a condition for approval of the tentative map. Such plantings and facilities shall be shown on the street improvement plans or grading plans. The recommendations or plans of a licensed landscape architect may be required. Cash surety for the estimated cost of maintenance for one year of any required plantings shall be posted with the City Clerk by the subdivider when required. In addition to new landscaping, maintenance of previously designated significant trees shall be required and subject to bond or surety insofar as trimming, feeding and spraying are needed. The work shall be included in performance and labor and materialmen's surety for street improvements or separate surety may be required by the City Council.

Bridges and culverts shall be designed for American Association of State Highway officials loading designation H 20-44. When sufficient evidence is presented to show that this requirement is not practical, a lesser standard may be approved by the City Council acting on the recommendation of the City Engineer.

Prior to commencing improvements, the subdivider shall submit to the City Engineer an improvement plan prepared by a licensed civil engineer for street and drainage work, together with inspection fees and insurance protecting the City 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 sanitary sewers; existing and proposed water lines, fire hydrants, gas lines, electroliers, poles, electrical, television, and telephone distribution facilities, existing trees and other fixed objects within the rights-of-way and slope easements affecting construction of street improvements. Landscaping, erosion control plantings and devices and watering facilities shall also be shown on the improvement plans. Measures necessary to protect significant trees during construction of improvements and to preserve them thereafter shall be indicated, including positive identification of such trees before the start of work, determination of responsibility for their protection during construction, inspection and physical requirements such as fences, fenders, and wells for temporary or permanent use; reference is hereby made to U.S. Agriculture Information Bulletins 285 and 104 for details of typical measures for protecting trees. The City Engineer shall review the improvement plans to determine whether the improvements shown meet the requirements of the approved tentative map, City standards, and this Chapter. Upon approval of the improvement plans by the City Engineer and City Council, work may commence on the improvements.

A. If the subdivision will be served by existing improvements, the subdivider may be required to compensate the person or agency that installed the improvements for the subdivision's pro rata share of the cost of said improvements.

B. When it is necessary that any improvements be constructed which can be or will be used for the benefit of property not in the subdivision, and such improvements are dedicated to the public, the subdivider and the City may enter into an agreement in which the City agrees to reimburse the subdivider, pro rata, for such additional construction from collections of charges received from the owners of the other property benefitted by the improvements.

C. If deferment of construction of any portion of the improvements is requested by the subdivider and recommended by the City Engineer, the subdivider may be required to enter into a contract with the City covering future obligations of the subdivider with respect to the improvements proposed to be deferred.

A. The subdivision, including its lot design, proposed structures and improvements shall conform to good engineering practice to reduce flooding and economic loss due to storm water within and outside the boundaries of the subdivision as would result from a one hundred (100) year flood. Subdivider shall install drainage facilities in accordance with the City's design standards.

B. All drainage facilities shall be shown on the street improvement plan and/or the grading plan or on a separate drainage improvement plan and the work shall be guaranteed by good and sufficient security.

C. If the subdivision will be served by an existing storm sewer, the subdivider may be required to compensate the person or agency that installed the sewer for the subdivision's pro rata share of the cost of said drainage facility.

D. When it is necessary that store. 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 City may enter into a contract in accordance with Section 66486 of the Government Code, in which the City agrees to reimburse the subdivider, pro rata, for such additional construction from collections received from the owners of such benefitted other property.

E. If deferment of construction of drainage improvements is requested by the subdivider and recommended by the City (County) Engineer, the subdivider may be required to enter into a contract with the City covering future obligations of the subdivider with respect to the drainage improvements.

F. Whenever a new lot or building site is created and constructed in any zoning district in the City, the developer or builder shall pay a fee to the City as established by resolution for deposit in the Monte Sereno Storm Drainage Trust Fund for flood control and storm drainage purposes within the City including related engineering, legal and administrative expenses, as a condition precedent to the approval of any Final Map or Parcel Map. The fees are in addition to the requirements for, and cost of, in-tract storm drainage and flood control facilities otherwise required by this Chapter. The storm drainage fees may be used as an offset to the cost to the subdivider of any offtract drainage or flood control facilities required by the improvement plans; provided that, in determining the amount of the aforesaid off-set, only the construction cost of the off-tract physical facilities shall be considered excluding engineering legal and other incidental expenses, and no off-set shall be allowed in excess of the total amount of said fees collected for the particular subdivision, parcel, parcels or building site.

A. When the subdivision is traversed by, or abuts, a flood control facility as defined by Resolution No. 59-1 of the Water District, the subdivider shall grant a fee simple interest or an easement in the required land for the flood control facility to said District. Such dedication shall be by separate instrument.

B. Improvements to flood control facilities may be required by the City Council acting on the recommendations of the City Engineer as needed for the improvement and preservation of property and for the safety and welfare of the future residents of the subdivision. Improvements to be installed by the subdivider shall be shown on the street improvement plans or on separate plans approved by said District.

The subdivider shall provide public utility and sewer easements adequate to serve the needs to the subdivision and surrounding areas. Easements for overhead electric and telephone service shall generally be located at the rear of the lots except where such locations are impractical or an equal or better alternative is Provided.

The subdivider shall make all necessary arrangements with the servicing utility companies and coordinate with said companies in the preparation of the street improvement plans. The installation work shall be in accordance with applicable rules, regulations, standards and specifications of the City, Public Utility Commission, and the servicing utility companies. Said companies shall be responsible for design, construction, inspection, conformance with standards and requirements for the future maintenance of the installed facilities within public rights-of-way and easements, The general location of existing utilities shall be shown on the improvement plan.

All utility distribution facilities (including, but not limited to, electric, communication and cable television lines) installed in and for the purpose of supplying service to any residential subdivision shall be placed underground except as follows:

A. Equipment appurtenant to underground facilities such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts;

B. Metal poles supporting only high voltage (twelve thousand (12,000) volts or more) wires, switches, transformers, and/or street lights;

C. On subdivisions of less than five (5) lots, the City Council may authorize the substitution of standard wooden pole overhead facilities in lieu of underground facilities upon a determination by said Council that said substitution is equitable to all parties concerned upon evaluation of the following factors:

1. The wishes of the subdivider;

2. The wishes of the adjacent property owners;

3. The future potential number of building sites, both in the instant subdivision and in surrounding areas;

4. The estimated cost of underground as compared to standard wooden pole overhead facilities, per lot and in the aggregate;

5. Compatibility with surroundings as to:

(a) Type of existing facilities.

(b) Type of probable future facilities.

(c) Other environmental features.

6. Staff, professional and technical recommendations.

D. On single lot building sites where no subdivision is involved utilities may be underground or standard wooden pole overhead facilities at the option of the applicant for building site approval; utilities to sites in the Scenic Highway Corridor shall be underground without exception.

E. The City Council may waive the requirements of this Section if topographical, soil or other conditions make underground installation of said facilities unreasonable or impractical.

A. Each lot shall have a minimum net area equal or greater than that required by the Monte Sereno Zoning Chapter.

B. All streets of whatever width and access corridors ("flagstaffs") less than fifty (50) feet wide to single lots may not be included in the net lot area.

C. Cluster development lots need not be of uniform size, but the smallest lot must be at least one-half the area required for conventional development of lots in the Zoning district as permitted by Monte Sereno Zoning Chapter Section 10.05.050. The minimum area of any new residential lot shall be eight thousand (8,000) square feet except as permitted in cluster development pursuant to the zoning chapter of this Code.

Lots that were legally created and recognized by the City as legal building sites may be adjusted in accordance with Government Code Section 66412(d), which may increase or decrease the size of a lot, provided such adjustment does not create additional nonconformities, including, but not limited to, setbacks, lot coverage, building size and/or change in zoning district/designation.

The City Engineer shall approve, conditionally approve, or disapprove the application and shall report such action to the applicant. The approval of a lot line adjustment shall expire twenty-four (24) months from the date on which the City Engineer granted its approval or conditional approval, unless otherwise extended by law.

(Ord. No. NS-189, § 1, 9-17-2013; Ord. No. NS-243, § 5, 12-3-2024)

A. Each lot shall have a minimum frontage as defined by the Monte Sereno Zoning Chapter. Each lot shall have a frontage on a street or means of access, approved by the City Council acting on the recommendations of the City Engineer.

B. Double frontage lots will not be approved except where necessary because of the topography or other physical conditions. In all cases of double frontage lots, a waiver of access rights to one street may be required by the City Council acting on the recommendations of the City Engineer. Landscaping, erosion control and watering facilities may be required on either or both frontages of through lots.

A. The side lines of lots shall be required to run at right angles to the street upon which the lot faces, so far as practicable.

B. Corner lots shall have extra width, sufficient to provide for a reasonable and compatible building site and the building setback lines required by the Monte Sereno Zoning Chapter for corner lots.

C. Lots with an irregular configuration such as segments of a circle ("pie-shape") may be permitted. In such cases, the frontage of said lots shall be at least fifty percent (50%) of the minimum frontage required per Section 13.04.090.

Lots with a corridor as defined in Section 13.01.040 shall have a minimum frontage of twelve (12) feet.

In both lots with either an irregular configuration or a corridor the area of the front yard shall be at least equal to that required by the Zoning Chapter for lots of conventional shape; the length of the front building line shall be at least equal to that required by the Zoning Chapter for lots of conventional shape; the length of the front building line shall be at least equal to the minimum frontage stipulated in Section 13.04.090 above. The front, side, and rear setback lines shall be equal to or greater than those required by the Monte Sereno Zoning Chapter.

(Ord. No. NS-243, § 4, 12-3-2024)

Fire protection facilities shall be provided to reduce the risk of fire. Such facilities, including, but not limited to, access and water supply, shall conform to the standards required by the Fire Protection Agency.

The water supply system serving the subdivision shall be designed and constructed for both domestic water and for fire protection requirements. Water supply facilities as approved by the Fire Protection Agency shall be included on the improvement plans and installed by the subdivider.

The fire protection and water system shall include fire hydrants in number and locations specified by the Fire Protection Agency.

The City Council may require the owners of a subdivision to annex to the Fire Protection Agency.

To the maximum extent feasible, residences shall be connected to sanitary sewers.

When sanitary sewers are to be installed by the subdivider, the plans and the installation and the work shall be in accordance with the standards and requirements of the City and the Sewer District serving the sewers. The general location, depth and type of sanitary sewer facilities shall be shown on the street improvement plans. All insurance and bonds for sewer work shall be provided as required by the City Engineer. The sewer plans shall be approved by the City Engineer and the Sewer District prior to recording the Final Map or Parcel Map.

The City Council, acting on the recommendations of the City Engineer, may require the owners of a proposed subdivision to annex said subdivision to the Sewer District.

All residences shall be served by a domestic water supply operated by the regulated private utility company franchised by the City.

A. The water system serving a subdivision shall be designed and constructed for both domestic water and fire Protection requirements in accordance with the provisions of this Chapter.

B. If the water system for the subdivision is not an existing public domestic water system operating under a valid permit, the subdivider shall prepare a detailed engineering report which will confirm that the water system and fire protection facilities will comply with the requirements of this Chapter. This report shall be prepared and approved prior to commencing any improvements required by the City Council and prior to recording the Final Map or Parcel Map.

C. The water system and any fire protection facilities required by the City Council shall be shown on the street improvement plans or on separate Plans. The City Engineer, the County Health Officer and the Fire Protection Agency serving the subdivision shall review the improvement plans and report pertaining to water supply and fire protection facilities with a determination as to whether they conform to the requirements of this Chapter, including the payment of fees as may be adopted from time to time by a resolution of the City Council for purposes of the plan checking.

A. Pursuant to Section 17953, et seq., of the Health and Safety Code, a preliminary geotechnical report prepared by a geotechnical consultant who is registered by the State, based upon adequate test borings or excavations, shall be made of every Subdivision unless the City Engineer determines that because of his knowledge as to the quality of the soil of the subdivision no preliminary analysis is necessary.

B. If the preliminary geotechnical report indicates that presence of critically expansive soils or other soil or geologic problems which, if not corrected, would lead to structural defects, a geotechnical investigation of every lot in the subdivision shall be prepared by a geotechnical consultant who is registered in this State. The report shall recommend corrective measures designed to prevent structural damage to any dwelling which may be proposed to be constructed on the respective lot.

C. The report shall be filed with the City Engineer who shall approve or conditionally approve the geotechnical investigation if he determines that the recommended corrective action may reasonably be expected to prevent structural damage to dwellings which may be constructed on the respective lots. Any building permit issued by the City shall be conditioned upon the incorporation of approved corrective measures in the construction of each dwelling, as applicable. Reference to the report shall be noted on the Final Map indicating the date of the report and the name of the engineer filing the report.

A. If overall and/or lot grading plans of the subdivision are offered or required, they shall show features of the land within and adjacent to the tract which would affect or be affected by the subdivision. Such plans shall indicate, as appropriate, the existing and proposed topography, drainage facilities, streets, cuts and fill areas, existing structures within, and within fifty (50) feet of, the boundaries of the plan and additional supporting information, all in sufficient detail to determine the feasibility of the proposed development and its relationship to its surroundings.

B. The plans shall show, as appropriate, specifically how runoff of the surface water from individual lots and from the subdivision as a whole is to be provided, including the means by which ultimate disposal of surface water is to be accomplished.

C. The subdivider shall cause the grading plan, to be prepared by a licensed civil engineer and approved by the City Engineer prior to recording the Final Map or Parcel Map. Grading shall be accomplished in accordance with Monte Sereno Building Inspection Ordinance.