Chapter V — STREAMLINED PERMITTING FOR ELECTRIC VEHICLE CHARGING STATIONS

Sec. C3-49. - Purpose and authority.

The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for Electric Vehicle Charging Stations and removing obstacles to permitting for Electric Vehicle Charging Stations so long as the action does not supersede the Building Official's authority to identify and address higher priority life-safety situations. This Chapter is adopted in accordance with Government Code Section 65850.7, and shall be implemented in compliance with that provision and any amendments thereto.

(Ord. No. NS-1100.128, § 1, 2-6-18)

Sec. C3-50. - Definitions.

The following definitions apply to this Chapter:

(a)

Electric Vehicle Charging Station or Charging Station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it read on January 1, 2016, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

(b)

Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application for an Electric Vehicle Charging Station was deemed complete.

(c)

Electronic submittal means the utilization of one or more of the following: Electronic mail or email; the internet; or facsimile.

(Ord. No. NS-1100.128, § 1, 2-6-18)

Sec. C3-51. - Expedited permitting process.

The Building Official shall implement an expedited, streamlined permitting process for Electric Vehicle Charging Stations, and adopt a checklist of all requirements with which Electric Vehicle Charging Stations shall comply to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The County's adopted checklist shall be published on the County's website.

(Ord. No. NS-1100.128, § 1, 2-6-18)

Sec. C3-52. - Permit application processing.

(a)

A permit application that satisfies the information requirements in the County's adopted checklist, as determined by the Building Official, shall be deemed complete and promptly processed. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(b)

The Building Official shall allow for Electronic Submittal of permit applications and associated supporting documentation. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

(Ord. No. NS-1100.128, § 1, 2-6-18)

Sec. C3-53. - Technical review.

(a)

Upon confirmation by the Building Official that the proposed Electric Vehicle Charging Station meets the requirements of the County's adopted checklist, is consistent with all applicable laws and health and safety standards, and could not have a Specific, Adverse Impact on public health or safety, the Building Official shall approve the application and issue all necessary permits. Such approval does not authorize anyone to energize or utilize the Electric Vehicle Charging Station until final inspection approval is granted by the County.

(b)

If the Building Official makes a finding based on substantial evidence that the Electric Vehicle Charging Station could have a Specific, Adverse Impact on public health or safety, the County may require the applicant to apply for a use permit in accordance with Chapter 5.65 of the Zoning Ordinance.

(c)

The Building Official shall not condition the approval of any Electric Vehicle Charging Station permit on the approval of such a system by an association, as that term is defined by Civil Code section 4080.

(d)

The Building Official's decision to approve or deny an application for an Electric Vehicle Charging Station may be appealed to the County Planning Commission in accordance with Chapter 5.30 of the Zoning Ordinance.

(e)

An application for a use permit for an Electric Vehicle Charging Station may not be denied unless the decision maker makes writing findings based on substantial evidence in the record that the proposed installation would have a Specific, Adverse Impact on public health or safety that there is no feasible method to satisfactorily mitigate or avoid, and explaining why any potentially feasible alternatives for preventing the Specific, Adverse Impact were rejected. Any conditions imposed shall be designed to mitigate the Specific, Adverse Impact at the lowest possible cost.

(Ord. No. NS-1100.128, § 1, 2-6-18)

Sec. C3-54. - Installation requirements.

(a)

Electric Vehicle Charging Station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

(b)

Installation of Electric Vehicle Charging Stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

(c)

Anchorage of either floor-mounted or wall-mounted Electric Vehicle Charging Stations shall meet the requirements of the California Building or Residential Code applicable to the type of occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements or violate any applicable provisions of Title C and any amendments thereto.

(Ord. No. NS-1100.128, § 1, 2-6-18)

CHAPTER VI. - SAFETY ASSESSMENT PLACARDS

Sec. C3-55. - Purpose and intent.

The purpose of this Chapter is to establish the use of a Safety Assessment Placard to provide notice of the condition of a Structure for occupancy after a Disaster. The use of a Safety Assessment Placard is intended to prevent the unsafe or improper occupancy of the Structure.

(Ord. No. NS-1100.129, § 1, 11-6-18)

Sec. C3-56. - Application of provisions.

This Chapter is applicable to any Structure regulated by the County of Santa Clara.

(Ord. No. NS-1100.129, § 1, 11-6-18)

Sec. C3-57. - Definitions.

In addition to the definitions of Chapter I of Division A1 and Chapter I of Division C1, the following definitions shall apply:

(a)

Disaster means a sudden event, such as an accident or a natural catastrophe, that causes great damage or loss of life.

(b)

Safety Assessment means a visual, non-destructive examination of a Structure, conducted by the Building Official or his or her designees, for the purpose of determining the condition of a Structure for continued occupancy, including no occupancy, following a Disaster.

(c)

Safety Assessment Placard is a sign approved by the Department of Planning and Development that is attached to a Structure after a Disaster and describes the condition for continued occupancy of a Structure.

(d)

Structure means anything constructed or erected for occupancy, the use of which requires location on the ground or attachment to something having location on the ground.

(Ord. No. NS-1100.129, § 1, 11-6-18)

Sec. C3-58. - Building official authorization.

The Building Official, or his or her designee, is authorized to attach a Safety Assessment Placard at each available entry point to any Structure following a Safety Assessment and in accordance with this Chapter. The Building Official, or his or her designee, may update, revise, replace, or remove any Safety Assessment Placard attached to a Structure following a complete inspection of the Structure or after additional information becomes available.

(Ord. No. NS-1100.129, § 1, 11-6-18)

Sec. C3-59. - Placards.

(a)

The following descriptions shall be used on a Safety Assessment Placard to describe the condition for continued occupancy of a Structure:

(1)

Inspected - Lawful Occupancy Permitted shall be used on any Structure where no apparent structural hazard to restrict occupancy has been found. Posting of this placard shall not mean there is no damage to the Structure.

(2)

Restricted Use shall be used on any Structure that has been damaged and results in restrictions to continued occupancy. The Building Official, or his or her designee, shall include a general description of the type of damage and shall clearly identify the restrictions on continued occupancy.

(3)

Unsafe - Do Not Enter or Occupy shall be used on any Structure where continued occupancy presents a threat to life safety. The Building Official, or his or her designee, shall include a general description of the type of damage. Any Structure with this placard shall not be entered under any circumstances except as authorized in writing by the Building Official, or his or her designee. The Building Official, or his or her designee, or emergency services personnel shall be authorized to enter Structure at any time. This placard shall not be used or considered an order to demolish the Structure.

(b)

The Safety Assessment Placard shall display the applicable Ordinance Code citation and name, address, phone number, and e-mail address of the Development Services Division of the Santa Clara County Department of Planning and Development.

(c)

No Person shall alter, remove, cover, or deface any Safety Assessment Placard posted to any Structure unless authorized by the Building Official, or his or her designee.

(d)

No Person shall enter, occupy, or violate the conditions of occupancy of any Structure where the Safety Assessment Placard prohibits entering, occupying, or otherwise conditions the occupancy.

(Ord. No. NS-1100.129, § 1, 11-6-18)

Sec. C3-60. - Violations.

(a)

Any Person violating any provision of this Chapter shall be guilty of a misdemeanor.

(b)

Any Structure occupied in violation of the description in the Safety Assessment Placard is hereby declared a public nuisance and may be abated by the County pursuant to Chapter III of Division A1 of this Code.

(Ord. No. NS-1100.129, § 1, 11-6-18)

CHAPTER VII. - COUNTY ENERGY CODE[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Sec. 7 of Ord. No. NS-1100.136, adopted December 13, 2022, amended Ch. VII in its entirety to read as herein set out. Former Ch. VII pertained to the same subject matter, and derived from Ord. No. NS-1100.135, adopted December 14, 2021.

ARTICLE 1. - INCORPORATION BY REFERENCE

Sec. C3-60.1. - 2022 California Energy Code adopted.

The County Energy Code is the 2022 California Energy Code ("CEC") as modified by the additions, deletions, and amendments set forth in this chapter.

(Ord. No. NS-1100.136, § 7, 12-13-22)

ARTICLE 2. - ADDITIONS, DELETIONS, AND AMENDMENTS TO 2022 CALIFORNIA ENERGY CODE

Sec. C3-61. - Additions, deletions, and amendments.

Additions, deletions, and amendments to the CEC are as set forth in this article.

(Ord. No. NS-1100.136, § 7, 12-13-22)

Sec. C3-62. - Subchapter 1 amendments.

Subchapter 1 of the CEC is adopted with the following amendments:

(a)

Subsection (e)(2)(A) of Section 100.0 (Scope) is amended to read as follows:

(1)

Newly constructed buildings.

(A)

All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsection B, C, D, or E, as applicable, and shall be All-Electric Buildings as defined in Section 100.1(b).

Exceptions:

1.

Non-Residential F, H, and L occupancies, or other similar research and development uses as determined by the building official, are exempt from the all-electric building provisions of this section until the next code adoption cycle.

Group I occupancies such as hospitals and correctional facilities are exempt from the all-electric building provisions of this section until the next code adoption cycle.

3.

Junior accessory dwelling units to mixed-fuel buildings are exempt from the all-electric building provisions of this section.

4.

If the applicant establishes there is not an all-electric compliance pathway for the building under the Energy Code, and the building is not able to achieve the performance compliance standard applicable to the building under the Energy Code using commercially available technology and an approved calculation method, the building official may grant a modification to the all-electric building provisions of this section.

5.

If the applicant establishes that constructing an All-Electric Building would be infeasible, the building official may grant a modification to the all-electric building provisions of this section.

Note 1: If natural gas plumbing is used per the Exceptions above, the natural gas appliance locations must also be electrically pre-wired for future electric appliance installation, including all of the following:

a.

A dedicated circuit, phased appropriately, for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer's recommendations) with an electrical receptacle or junction box that is connected to the electric panel with conductors of adequate capacity, extending to within 3 feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors.

b.

Both ends of the conductor or conduit shall be labeled with the words "For Future Electric appliance" and be electrically isolated.

c.

A circuit breaker shall be installed in the electrical panel for the branch circuit and labeled for each circuit (i.e., "For Future Electric Range").

d.

All electrical components, including conductors, receptacles, junction boxes, or blank covers, related to this section shall be installed in accordance with the County Electrical Code.

Note 2: If any of the Exceptions are met, the building official shall have the authority to approve alternative materials, design, and methods of construction or equipment per CBC section 104.

(2)

Stationary Battery Storage Pre-wire. All single-family residential and low rise multifamily buildings as defined in Section 100.1 of this Code and Accessory Dwelling Units (ADUs), as defined in the County Zoning Ordinance Code Section 2.10.030, shall be prewired for the installation of battery storage. The prewiring shall be in accordance with the California Building, Residential, and Electrical Codes and be adequately sized by a licensed professional to accommodate the back-up loads installed in the critical load panel with a minimum of 5 kwh.

(b)

Subsection (b) of Section 100.1 (Definitions and Rules of Construction) is amended to add the following definitions:

ALL-ELECTRIC BUILDING is a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating (including pools and spas), cooking, and clothes drying.

INFEASIBLE is when the building official finds that compliance with the all-electric building standards would make the specific work of the project affected by the all-electric standards not feasible, based on an overall evaluation of the following factors by the developer: (1) The cost of complying with all-electric

construction. (2) The cost of all construction contemplated. (3) The impact of proposed improvements on the financial feasibility of the project. (4) Existing physical or site constraints that prohibit all-electric construction that is in full and strict compliance with the minimum requirements. The details of any finding of infeasibility shall be recorded and entered in the files of the building official.

(Ord. No. NS-1100.136, § 7, 12-13-22)

Sec. C3-63. - Subchapter 5 amendments.

Subchapter 5 of the CEC is adopted with the following amendments:

(a)

Section 140.0 (Performance and Prescriptive Compliance Approaches) is amended to read as follows:

140.0. Performance and prescriptive compliance approaches. Nonresidential, high-rise residential, and hotel/motel buildings shall comply with all of the following:

(a)

The requirements of Sections 100.0 through 110.12 applicable to the building project (mandatory measures for all buildings).

(b)

The requirements of Sections 120.0 through 130.5 (mandatory measures for nonresidential, high-rise residential, and hotel/motel buildings).

(c)

For all newly constructed buildings, a solar photovoltaic (PV) system shall be installed that is equivalent in size to 15% of the roof area, excluding any skylight area, shall be installed on the roof or overhang of the building, on the roof or overhang of another structure located within 250 feet of the building, or on covered parking installed with the building project.

Exception 1 to 140.0(c): The building official or their designee may grant a modification to this requirement if the applicant demonstrates that the required percentage of PV installation will over-generate the annual kWh required to operate the proposed building.

Exception 2 to 140.0(c): The PV system size may be reduced to the maximum that can be accommodated by the effective annual solar access due to shading from existing permanent natural or manmade barriers external to the building, including, but not limited to, trees, hills, and adjacent structures. The effective annual solar access shall be 70% or greater of the output of an unshaded PV array on an annual basis. No PV system is required if the effective annual solar access is restricted to less than 200 contiguous square feet. If the applicant demonstrates that conditions exist where excessive shading occurs, a performance equivalency approved by the building official may be used as an alternative.

Exception 3 to 140.0(c): Vegetative roofs covering 35% of the roof area or greater, meeting all relevant code requirements including considerations for wind, fire, and structural loads.

(d)

Either the performance compliance approach (energy budgets) specified in Section 140.1 or the prescriptive compliance approach specified in Section 140.2 for the climate zone in which the building will be located. Climate zones are shown in Figure 100.1-A.

Note to Section 140.0(d): The Commission periodically updates, publishes and makes available to interested persons and local enforcement agencies precise descriptions of the climate zones, which is available by zip code boundaries depicted in the Reference Joint Appendices along with a list of the communities in each zone.

Note to Section 140.0: The requirements of Sections 140.1 through 140.9 apply to newly constructed buildings. Section 141.0 specifies which requirements of Sections 140.1 through 140.9 also apply to additions or alterations to existing buildings.

(Ord. No. NS-1100.136, § 7, 12-13-22)

Division C4 - ELECTRICITY[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Sec. 8 of Ord. No. NS-1100.136, adopted December 13, 2022, amended Div. C4 in its entirety to read as herein set out. Former Div. C4 pertained to the same subject matter, and derived from Ord. No. NS-1100.131, adopted December 17, 2019.

Cross reference— Franchises, Div. B10; general building regulations, Div. C3; mechanical regulations, Div. C9; plumbing regulations, Div. C11.

CHAPTER I. - COUNTY ELECTRICAL CODE ARTICLE 1. - INCORPORATION BY REFERENCE

Sec. C4-1. - 2022 California Electrical Code and 2006 ICC Electrical Code- Administrative Provisions Adopted.

The Electrical Code of the County is the 2022 California Electrical Code and the 2006 International Code Council (ICC) Electrical Code - Administrative Provisions, as modified by the additions, deletions, and amendments set forth in this chapter. The 2022 California Electrical Code is based on the National Electrical Code (NEC) (2020 Edition) as modified by the California Building Standards Commission. The 2006 ICC Electrical Code - Administrative Provisions is published by the International Code Council.

(Ord. No. NS-1100.136, § 8, 12-13-22)

ARTICLE 2. - ADDITIONS, DELETIONS, AND AMENDMENTS TO 2022 CALIFORNIA ELECTRICAL CODE AND 2006 ICC ELECTRICAL CODE— ADMINISTRATIVE PROVISIONS

Sec. C4-2. - Additions, deletions, and amendments.

Additions, deletions, and amendments to the 2022 California Electrical Code and the 2006 ICC Electrical Code - Administrative Provisions are as set forth in this article.

(Ord. No. NS-1100.136, § 8, 12-13-22)

Sec. C4-3. - 2006 ICC Electrical Code—Administrative Provisions amendments.

The 2006 ICC Electrical Code - Administrative Provisions are adopted with the following amendments:

(a)

Section 404.2 (Schedule of Permit Fees) is deleted in its entirety and replaced with the following:

404.2. Plan Review and Permit Fees. A plan review fee shall be paid when plans or documents are required to be submitted for review prior to issuing an electrical permit. An electrical permit fee shall be paid when the plans or documents have been approved for permit issuance. The fees shall be in an amount established by resolution of the Board of Supervisors.

(b)

Section 1101.1 (Board of appeals established) is amended to read as follows:

1101.1. Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code in connection with the application for a permit, there shall be and is hereby created a board of appeals as set forth in Division C2 of the Ordinance Code. The board of appeals shall be appointed by the governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official. Any appeal of the code official's determination that a violation of this code exists or of an

associated notice or penalty related to that violation shall be made pursuant to County Ordinance Code Division A37.

(Ord. No. NS-1100.136, § 8, 12-13-22)

Division C5 - RELOCATION ASSISTANCE TO TENANTS EVICTED DUE TO UNSAFE OR HAZARDOUS CONDITIONS

Sec. C5-1. - Intent and purpose.

The Board of Supervisors finds that tenants who are required, as a consequence of an action of the Building Official, to vacate a structure which is rented or provided for residential purposes due to unsafe or hazardous living conditions oftentimes experience difficulties in finding affordable, temporary housing while such structure is being repaired, and/or experience difficulties in finding other permanent affordable housing.

Further, said difficulties frequently create a financial hardship for such tenants. In the past, effected tenants have often turned to County government for financial assistance in obtaining alternative housing. The resources available to County government with which to assist these tenants have become increasingly

constrained. Further, such tenants often require public health, transportation, storage and other services on an interim basis, due both to the health impacts of unsafe or hazardous housing, as well as unanticipated needs occasioned by eviction.

The Board of Supervisors also finds that property owners who allow such structures to become unsafe or hazardous should bear responsibility for the hardship their actions create when the tenants are required to vacate the premises.

The intent of this division is to ensure that adequate relocation assistance is available to lawful tenants who face eviction through no fault of their own. Further, the intent is to provide that assistance in a manner that is as equitable as possible to the tenant, the property owner, and the public at large. Therefore, the Board of Supervisors finds and declares that it is necessary to enact this division to protect the public health, safety and welfare.

(Ord. No. NS-1100.82, § 1, 4-27-93)

Sec. C5-2. - Definitions.

For the purposes of this division, the following terms are as defined below:

Relocation assistance shall mean substitute housing or cash payment in an amount as specified in Section C5-3(b).

Right of first refusal shall mean the right of a tenant to reoccupy a residential unit on the site formerly occupied by such tenant, once the residential structure is repaired and becomes legally habitable, or once replacement housing is developed on the site.

Substitute housing shall mean a suitable legal rental or employee dwelling unit as determined by tenant household size and HUD standards, and provided at the same cost to the tenant as the vacated unit.

Tenant shall mean each person who lawfully occupies a dwelling unit as his/her residence, with or without charge, which dwelling unit is owned or leased by another person. Tenant shall also include each person or persons who receive the housing in exchange for all or part of his/her labor and any family members who lawfully reside in the unit under terms of tenancy or with the knowledge and/or consent of the owner or the owner's agent.

Unit shall mean any dwelling, structure or room which is the permanent or customary and usual residence from which a tenant is displaced.

Unsafe or hazardous condition means any condition not in conformity with the standards contained in the Uniform Housing Code, as adopted by the County, or to applicable standards contained in the Health and Safety Code.

(Ord. No. NS-1100.82, § 1, 4-27-93)

Sec. C5-3. - Relocation assistance requirements.

Eviction notification and relocation assistance, as provided below, shall be provided by a landowner to any tenant upon an order of the Building Official or Health Officer to vacate any premises due to unsafe or hazardous conditions, or upon service by a landowner of a notice of eviction due to unsafe or hazardous conditions. For purposes of this division, it shall be rebuttably presumed that a notice of eviction is due to unsafe or hazardous conditions, if it is served within six months of the notification of a landowner by the Building Official or Health Officer of intent to record a notice of violation of the Uniform Housing Code or the Health and Safety Code.

(a)

Eviction notification. The eviction notice required by this section shall inform each tenant that he/she is being evicted due to unsafe or hazardous conditions. The notice shall also inform the tenant that he/she is eligible for relocation assistance and shall include a full description of assistance requirements as described in Subsections (a) and (b) of this section.

(b)

Relocation assistance due. Relocation assistance shall be provided upon the order of the Building Official or the Health Officer to vacate any premises due to unsafe or hazardous conditions, or within one week of the service by a landowner upon a tenant of a notice of eviction due to unsafe or hazardous conditions. In no event shall relocation assistance be due if neither the Building Official nor Health Officer orders the vacation of the premises, the landowner applies to remedy the unsafe or hazardous condition and continues to make a good faith effort to comply with all conditions to abate such unsafe or hazardous conditions, and does not, in the interim, seek to evict any tenant(s), constructively or otherwise. As and for relocation assistance, the owner of such structure shall provide directly to the tenant substitute housing or a relocation payment as provided below:

(1)

Substitute housing. The property owner shall provide, at no additional expense to the tenant, adequate and legal housing for the period that the tenant is required to vacate the structure, as evidenced by a written

agreement between the tenant and property owner; or

(2)

Relocation payment. The property owner shall provide a relocation payment which is equal to three months fair market rent, plus utilities, as established by the must current federal Department of Housing and Urban Development (HUD) schedule of fair market rents in the County for a dwelling unit which size shall be appropriately computed based upon tenant household size and according to HUD standards. A relocation payment shall be a separate requirement and obligation payable to the tenant in addition to the refund of any security deposit pursuant to California Civil Code § 1950.5 or any other remedy to the tenant available by law.

(3)

Extended benefit. If the tenant is required to vacate the structure with less than 30 days' written notice, relocation assistance as specified in Subsections (1) and (2) above shall be extended by one additional month.

(c)

Right of first refusal. Any tenant evicted or required to vacate any residential structure as a result of the provisions of this chapter shall be given the right of first refusal to reoccupy a residential structure on the site. To the extent that a unit can legally accommodate the displaced tenant, the right of first refusal shall be applicable within 180 days of the date that such structure becomes habitable, or replacement rental or employee housing is developed on the site.

(1)

The owner of such structure shall, at the time the tenant vacates, provide written notice advising the tenant of the right of first refusal option. Said notice shall include the property owner's current residential or business address and telephone number.

(2)

The tenant shall provide the property owner with his/her current address and telephone number, which the property owner will use for future notification.

(3)

Thereafter, when such structure has been rehabilitated, or replacement housing on the same site becomes habitable, the property owner shall give written notice to the tenant advising such tenant that the structure is ready for occupancy. Such notice shall be made by certified mail, return receipt requested, to the address provided by the tenant. Such notice shall be provided in the same language as the original written rental agreement.

(4)

If the tenant does not respond to the notice within 14 days of the notice, or the property owner is unable to locate the tenant upon the owner's good faith effort to locate the tenant, the property owner shall be

deemed to have complied with this section, and the tenant's right of first refusal shall be forfeited.

(Ord. No. NS-1100.82, § 1, 4-27-93)

Sec. C5-4. - Exceptions.

(a)

Any tenant evicted or required to vacate as a result of unsafe or hazardous living conditions or illegal use, who is then in default of rent, or who refuses to vacate shall not be entitled to receive relocation assistance from the property owner.

(b)

A tenant lawfully withholding rent pursuant to California Civil Code § 1942 or pursuant to other statutory or common law which requires repair of substandard conditions shall not be considered to be in default of rent, and shall be eligible for the relocation assistance provided by this division.

(c)

Any tenant or a guest or invitee of the tenant who has caused or substantially contributed to conditions giving rise to the substandard conditions, shall not be entitled to receive relocation assistance from the property owner.

(d)

The tenant's knowledge of the illegal condition of the structure offered by a landlord for residential use shall not disqualify a tenant from eligibility for relocation assistance provided by this division.

(e)

Property owners are not required to provide relocation assistance to any tenant evicted or required to vacate a residential structure that becomes unsafe or hazardous due to a fire, flood, earthquake or other event that is beyond the control of the property owner, provided:

(1)

Such event causes the tenant to vacate the residential structure within 90 days after such event;

(2)

The actions or omissions of the owner or owner's agent did not contribute to the disaster's impact on the unit;

(3)

The tenant was not already entitled to relocation assistance under the provisions of this division at the time of the disaster.

(Ord. No. NS-1100.82, § 1, 4-27-93)

Sec. C5-5. - Rent increases during repairs.

It shall be unlawful for a property owner or landlord to increase the amount of rent for a substitute unit beyond that paid for the vacated unit during the time that repairs are being made on the latter or within 180 days of completion of repairs on the vacated unit made pursuant to any order requiring such repairs, or within 180 days of re-occupancy of the vacated dwelling unit by the evicted tenant, whichever occurs later.

operty owner or landlord to increase the amount of rent for a substitute unit beyond that paid for the vacated unit during the time that repairs are being made on the latter or within 180 days of completion of repairs on the vacated unit made pursuant to any order requiring such repairs, or within 180 days of re-occupancy of the vacated dwelling unit by the evicted tenant, whichever occurs later.

(Ord. No. NS-1100.82, § 1, 4-27-93)

Sec. C5-6. - Violation and penalty.

(a)

Any person violating or causing or permitting the violation of this division shall be deemed guilty of a misdemeanor. Provided further, that in addition to any fine imposed hereunder for a violation of this division, any person violating or causing or permitting the violation of this division shall reimburse the County for any costs or expense incurred for investigation, or for any provisional relocation assistance provided to tenants who are required to vacate a structure due to unsafe or hazardous conditions, including but not limited to temporary housing, public health assistance, transportation, storage or other related service.

All fines imposed hereunder shall be due and payable to the County Homeless Coordinator, and shall be maintained in an interest-bearing account for the use of the County Homeless Coordinator to respond to the public health, transportation, storage and other needs of evicted and homeless persons, in his/her sole discretion.

(b)

The remedies and penalties provided for in this division shall be in addition to any other available remedies and penalties provided for by the County Ordinance Code or other law.

(Ord. No. NS-1100.82, § 1, 4-27-93)

Sec. C5-7. - Enforcement by tenant.

Any tenant may file a civil legal action to enforce the provisions of this division.

(Ord. No. NS-1100.82, § 1, 4-27-93)

Division C6 - HOUSE NUMBERING[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. NS-1200.87, adopted Sept. 22, 1971, did not expressly amend this Code; hence codification of §§ 1—5 as Div. C6, §§ C6-1—C6-5, was at the discretion of the editor. Sec. 6 of said ordinance repealed Ord. No. NS-1200.5, § 1, adopted April 7, 1947, pertaining to the numbering of buildings, which ordinance was saved from repeal in former § C6-1. In the codification of Ord. No. NS1200.87, §§ 1—5, the editor added catchlines in order to facilitate indexing, reference and use, added words in brackets for purposes of clarification, and changed "ordinance" to "division" where appropriate.

Cross reference— Building regulations, Div. C3.

Sec. C6-1. - Planning Commission to create and enlarge districts or areas where numbering desirable; assignment of numbers; proper numbering required.

The County Planning Commission is hereby authorized and directed to designate those districts or areas in the County of Santa Clara which lay outside the boundaries of any municipal corporation existing therein in which such a number of houses or residential buildings have been erected that it would constitute a public benefit to have each of such houses and buildings designated by a specific number so that its location and address may be more readily identified, and is further authorized and directed to assign a specific number to each such house and building located in all such districts, to be known as the house number.

The Commission is further empowered to create one or more such districts as may, in its judgment, be required for the purpose of making this division effective, and to create new districts, or alter or enlarge the size of any existing district created by it whenever it may consider it to the public benefit so to do.

Numbers shall be assigned to all houses in each such district in pursuance of a systematic plan, and provision shall be made for the assignment of numbers to new houses which may hereafter be erected in such districts, to the end that all such houses may ultimately be designated by numbers assigned in regular numerical order, according to the street, road or highway upon which the house may be located and in such manner as to make the same more readily found and identified, and to provide an address for each such house; and all houses and residential buildings shall be numbered to correspond with the number so assigned to it by the Director.

(Ord. No. NS-1200.87, § 1, 9-22-71)

Secs. C6-1.1—C6-1.4. - Reserved. Sec. C6-1.5. - Director.

As used in this division, "Director" means the Manager of the Building Inspection Office.

(Ord. No. NS-3.19, § 8, 5-4-76; Ord. No. NS-1100.72, § 7, 8-18-87)

Sec. C6-2. - District maps; authority to give notice of assigned numbers.

The Commission shall cause a map to be prepared of each such district created by it for the purposes above mentioned, which man shall show each street, road or highway upon which houses are located, and shall further show the specific number assigned to each such house, and such maps shall be kept at the office of the Director and shall be open to public inspection, and, upon application of the owner or occupant of any house or building, the Director shall furnish him with a memorandum showing the correct number as assigned by the Director to the house or houses owned or occupied by the applicant. Such maps shall be known as Master Plan House Number Maps of Santa Clara County. Any such map or maps may be adopted by the Commission in accordance with the provisions of the State Planning Act, as amended, and upon adoption shall become a part and portion of the Master Plan of the County of Santa Clara.

At any time after the adoption of such a plan by the Commission, the Director may notify the owner or occupant of any house or building to which a number has been assigned of the number assigned to the same in writing.

(Ord. No. NS-1200.87, § 2, 9-22-71; Ord. No. NS-3.16, § 33, 10-8-74; Ord. No. NS-1100.72, § 8, 8-18-87)

Sec. C6-3. - How and when to affix number; size of numbers.

Within 120 days after receipt of such written notification [of the assigned number] from the Director, the owner or occupant of a house to which a number has been assigned shall affix the number so assigned to such house to the same; that is, he shall affix such number in a conspicuous manner in a conspicuous place, either at the main entrance to said house from the street, road or highway on which the same is located, or upon some place on the house itself which is readily visible from such street, road or highway, and so as to be easily observed by anyone passing thereon.

The number so affixed shall be at least 1¾ inches in height, and of a normally proportioned width.

It shall be the duty of such owner or occupant at once upon affixing the new number as aforesaid to remove from said house or house entrance or any other place where the same may be affixed any different number which might be mistaken for or confused with the house number assigned to said house by the Director.

The Director, with the concurrence of the postmaster of the affected postal area, may extend the 120-day period of compliance required by this section when he finds that an unnecessary hardship could result from compliance within the 120-day period. Any extension granted by the Director shall be in writing.

(Ord. No. NS-1200.87, § 3, 9-22-71; Ord. No. NS-1200.87.1, § 1, 7-11-72; Ord. No. NS-3.16, § 34, 10-8-74; Ord. No. NS-1100.72, § 9, 8-18-87)

Sec. C6-4. - When Director authorized to affix numbers; costs deemed a lien.

In the event that any number assigned to any house under the provisions of this division is not affixed thereto in accordance with the terms hereof after notice given as herein provided, the Director is hereby authorized and directed to remove from such house or from the entrance thereof or elsewhere any different number which may be affixed thereto and which may be mistaken for or confused with the house number assigned to said house; and further said Director shall cause the number regularly assigned to such house as provided herein to be affixed thereto in accordance with the terms of this division; and all necessary costs of said work shall constitute a lien against the house or building and the land on which the same is located, and shall be paid and collected in the same manner as that provided for in Health and Safety Code §§ 1807—1811 [now repealed].

(Ord. No. NS-1200.87, § 4, 9-22-71; Ord. No. NS-1200.87.1, § 2, 7-11-72; Ord. No. NS-3.16, § 35, 10-8-74; Ord. No. NS-1100.72, § 10, 8-18-87)

Sec. C6-5. - Violations a misdemeanor; penalty.

In the event that the owner of any house refuses to comply with the terms of this division by failing to affix the house number assigned to any house or houses owned by him after notification, or by failing to remove

any numbers affixed to such house, house entrance or elsewhere, which may be confused with the number assigned thereto or mistaken therefor, he shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding $50.00 or by imprisonment in the County jail for not more than five days, or by both such fine and imprisonment.

(Ord. No. NS-1200.87, § 5, 9-22-71; Ord. No. NS-1200.87.1, § 3, 7-11-72)

Division C7 - HOUSING[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Sec. 9 of Ord. No. NS-1100.136, adopted December 13, 2022, amended Div. C7 in its entirety to read as herein set out. Former Div. C7 pertained to the same subject matter, and derived from Ord. No. NS-1100.131, adopted December 17, 2019.

CHAPTER I. - 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE ARTICLE 1. - INCORPORATION BY REFERENCE

Sec. C7-1. - International Property Maintenance Code, 2021 Edition, adopted.

The County Housing Code is the International Property Maintenance Code and Appendix A (Boarding) thereto, 2021 Edition, as modified by the additions, deletions, and amendments set forth in this chapter. Subject to the additions, deletions, and amendments below, the International Property Maintenance Code and Appendix A thereto are adopted by reference and made a part of this Code as fully as though set forth below.

(Ord. No. NS-1100.136, § 9, 12-13-22)

ARTICLE 2. - OMISSIONS, AMENDMENTS, AND ADDITIONS TO INTERNATIONAL PROPERTY MAINTENANCE CODE

Sec. C7-2. - Additions, deletions, and amendments.

Additions, deletions, and amendments to the International Property Maintenance Code (IPMC) are as set forth in this article.

(Ord. No. NS-1100.136, § 9, 12-13-22)

Sec. C7-3. - Chapter 1 Additions, deletions, and amendments.

Chapter 1, Scope and Administration, Part 1, Scope and Application of the IPMC, is adopted with the following amendments:

(a)

Section 101.1 (Title) is amended to read as follows:

101.1. Title. These regulations shall be known as the International Property Maintenance Code of the County of Santa Clara, hereinafter referred to as "this code."

(b)

Section 102.3 (Application of other codes) is amended to read as follows:

102.3. Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Standards Code as amended by the County of Santa Clara, other applicable laws and ordinances, and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the County Zoning Ordinance.

(c)

Section 102.8.1 (Conflicts) is amended to read as follows:

102.8.1. Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply. When conflicts occur between the provisions of this code and State law, the provisions of State laws shall apply.

(d)

Section 103.1 (Creation of Agency) is deleted in its entirety and replaced with the following:

103.1. General. When the "code official" is referenced in this code, that official shall be the building official in charge of the Development Services Office.

(e)

Section 109.1 (Unlawful acts) is amended to read as follows:

109.1. Unlawful acts. It shall be unlawful and a public nuisance for a person to be in conflict with or in violation of any provisions of this code.

(f)

Section 109.3 (Prosecution of violation) is amended to read as follows:

109.3. Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 111.4 shall be deemed guilty of a misdemeanor and subject to any of the criminal, civil, or administrative remedies set forth in the County Ordinance Code.

(Ord. No. NS-1100.136, § 9, 12-13-22)

Sec. C7-4. - Housing Advisory and Appeals Board.

(a)

Section 107 (Means of Appeal) is amended to delete Sections 107.1 (General), 107.2 (Limitations of authority), 107.3 (Qualifications), 107.4 (Administration) in their entirety and to replace them with the following:

107.1. Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code in connection with the application for a permit, there shall be and is hereby created a board of appeals as set forth in Division C2 of the Ordinance Code. The board of appeals shall be appointed by the governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official. Any appeal of the building official's determination that a violation of this code exists, that a structure should be condemned, and/or of an associated notice or penalty related to that violation or condemnation shall be made pursuant to County Ordinance Code Division A37.

(Ord. No. NS-1100.136, § 9, 12-13-22)

Division C8 - LAND USE FOR RELIGIOUS SERVICES

Sec. C8-1. - "Religious services" defined.

The term "religious services" as used in this division, shall mean a gathering of persons for the purpose of observing or professing the tenets of belief of any sect, church, creed, sectarian denomination or faith.

(Code 1954, § 5.1.7.5-1.1; Ord. No. NS-512, § 1, 10-10-66; Ord. No. NS-1200.309, § 6, 1-28-03) Sec. C8-2. - "Board" defined.

The term "Board" as used in this division, shall mean the Board of Supervisors of the County.

(Code 1954, § 5.1.7.5-1.2; Ord. No. NS-512, § 1, 10-10-66; Ord. No. NS-1200.309, § 6, 1-28-03)

Secs. C8-2.1—C8-2.4. - Reserved. Sec. C8-2.5. - "Transportation Agency" defined.

As used in this division, "transportation agency" means the Environmental Management Agency.

(Ord. No. NS-3.19, § 9, 5-4-76; Ord. No. NS-1200.309, § 6, 1-28-03)

Sec. C8-3. - Where permitted; permit required; duration.

Notwithstanding any provisions of the zoning ordinance of the County, and as an alternative to the provisions thereof, religious services may be held or conducted only on property for which a use permit for a church use has been issued, or on property in an industrial or commercial zoning district, and only after the issuance of a permit by the Board authorizing such use. Any permit so issued shall fix the duration of time such permit shall be in effect, which duration shall not exceed 30 days.

(Code 1954, § 5.1.7.5-2; Ord. No. NS-512, § 1, 10-10-66; Ord. No. NS-1200.309, § 6, 1-28-03)

Sec. C8-4. - Permit application required; contents.

Written application for the issuance of a permit required by this division shall be filed with the Clerk of the Board of Supervisors and shall contain:

(1)

Name of applicant.

(2)

Address of applicant.

(3)

Location and ownership of premises for which permit is sought.

(4)

Proposed estimated times and duration of such use.

(5)

Character and plan of operation of such use, including: The type and description of any enclosure, structure, tent or similar facility; seating capacity; fire control measures; full information in respect to the proposed method of handling all traffic, including automobile traffic, which may seek ingress to or egress from the premises.

(6)

Proposed sanitary facilities to be used, including toilet facilities and the proposed method of sewage and refuse disposal.

Such application shall be received without the payment of any fee.

(Code 1954, § 5.1.7.5-3; Ord. No. NS-512, § 1, 10-10-66; Ord. No. NS-1200.309, § 6, 1-28-03)

Sec. C8-5. - Review of application.

Upon the filing of an application for a permit hereunder, copies thereof shall be transmitted to the Planning Department, the Fire Marshal, the Health Department, the Sheriffs Department and the Transportation Agency for their review and comment. Such departments may require of the applicant such additional information as is necessary to facilitate such review and comment. The Planning Department shall specifically review the application to insure the suitability of the proposed section for the intended use.

(Code 1954, § 5.1.7.5-4; Ord. No. NS-512, § 1, 10-10-66; Ord. No. NS-3.16, § 36, 10-8-74; Ord. No. NS1200.309, § 6, 1-28-03)

Sec. C8-6. - Issuance of permit; conditions.

The Board, upon the receipt and review of the written comments of the Planning Department, the Fire Marshal, the Health Department, the Sheriffs Department, and the Transportation Agency, may issue to the applicant a permit to conduct or hold religious services. Such permit may contain such reasonable conditions as the Board deems proper which, in their opinion, will best serve and protect the public health, safety and welfare.

(Code 1954, § 5.1.7.5-5; Ord. No. NS-512, § 1, 10-10-66; Ord. No. NS-3.16, § 37, 10-8-74; Ord. No. NS1200.309, § 6, 1-28-03)

Sec. C8-7. - Bond to assume final cleanup.

The Board may require prior to the issuance of such permit, the posting of a cash bond in accordance with, and for the purpose of, the provisions of Section B3-122, Amusements of the Ordinance Code, and such section is hereby incorporated herein by reference as fully as if set forth at length herein.

(Code 1954, § 5.1.7.5-6; Ord. No. NS-512, § 1, 10-10-66; Ord. No. NS-1200.309, § 6, 1-28-03)

Sec. C8-8. - Permit nontransferable; revocation, suspension.

The applicable provisions of Division B, Chapter VI, sections B3-111 through B3-144 of the Ordinance Code relating to separate establishments and enterprises and nontransferability of permits, and to revocation and suspension of permits, are hereby incorporated herein by reference as fully as if set forth at length herein.

(Code 1954, § 5.1.7.5-7; Ord. No. NS-512, § 1, 10-10-66; Ord. No. NS-1200.309, § 6, 1-28-03)

Division C9 - MECHANICAL REGULATIONS[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Sec. 10 of Ord. No. NS-1100.136, adopted December 13, 2022, amended Div. C9 in its entirety to read as herein set out. Former Div. C9 pertained to the same subject matter, and derived from Ord. No. NS-1100.131, adopted December 17, 2019.

Cross reference— Code Enforcement Appeals Board, Div. C2; builidng regulations generally, Div. C3; electrical regulations, Div. C4; plumbing and gas regulations, Div. C11.

CHAPTER I. - COUNTY MECHANICAL CODE ARTICLE 1. - INCORPORATION BY REFERENCE

Sec. C9-1. - 2022 California Mechanical Code adopted.

The County Mechanical Code is the 2022 California Mechanical Code as modified by the additions, deletions, and amendments set forth in this chapter. The 2022 California Mechanical Code is based on the Uniform Mechanical Code (2021 Edition) as modified by the California Building Standards Commission.

(Ord. No. NS-1100.136, § 10, 12-13-22)

ARTICLE 2. - ADDITIONS, DELETIONS, AND AMENDMENTS TO 2022 CALIFORNIA MECHANICAL CODE

Sec. C9-2. - Additions, deletions, and amendments.

Additions, deletions, and amendments to the 2022 California Mechanical Code are as set forth in this article.

(Ord. No. NS-1100.136, § 10, 12-13-22)

Sec. C9-3. - Chapter 1 Division II adopted and amended.

Chapter 1f Division II of the 2022 California Mechanical Code is adopted with the following amendments:

(a)

Section 104.5 (Fees) is amended to read as follows:

104.5. Fees. Fees shall be assessed in accordance with the provisions of this section. The fees are to be determined and adopted by this jurisdiction. A mechanical plan review fee shall be paid when plans or documents are required to be submitted for review prior to issuing a mechanical permit. A mechanical permit fee shall be paid when the plans or documents have been approved for permit issuance. The fees shall be in the amount established by resolution of the Board of Supervisors.

(b)

Section 104.5.2 (Investigation Fees) is amended to read as follows:

104.5.2. Investigation Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be in the amount established by resolution of the Board of Supervisors. The payment of such investigation fee shall not exempt a person from compliance with other provisions of this code, nor from a penalty prescribed by law.

(c)

Table 104.5 (Mechanical Permit Fees) and all references thereto are deleted.

(d)

Section 106.3 (Penalties) is amended to read as follows:

106.3. Penalties. Any person violating any provision of this code shall be subject to penalties as provided in section C1-72 of the Ordinance Code. Each separate day or any portion thereof, during which any violation of this code occurs or continues, shall be deemed to constitute a separate offense. The penalties set forth in this section shall be exclusive of, or in addition to civil penalties and remedies pursuant to Divisions A1 and A37 of the Ordinance Code.

(e)

Section 107.1 (General) is amended to read as follows:

107.1. General. In order to hear and decide appeals of orders, decisions or determinations made by the Authority Having Jurisdiction relative to the application and interpretation of this code, in connection with the application for a permit, there shall be and is hereby created a Board of Appeals as set forth in Division C2 of the Ordinance Code. The Authority Having Jurisdiction shall be an ex-officio member and shall act as secretary to said board but shall have no vote upon a matter before the board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render decisions and findings in writing to the appellant

with a duplicate copy to the Authority Having Jurisdiction. Any appeal of the building official's determination that a violation of this code exists or of an associated notice or penalty related to that violation shall be made pursuant to County Ordinance Code Division A37.

(Ord. No. NS-1100.136, § 10, 12-13-22)

Sec. C9-4. - Chapter 9 amendments.

Chapter 9 of 2022 California Mechanical Code is adopted with the following amendments:

(a)

A new section, Section 939.0 (Single Pass Cooling Systems), is added to read as follows:

939.0. Single Pass Cooling Systems. The installation or use of any new single pass cooling system that circulates water only once to cool equipment before disposing the water is prohibited.

(Ord. No. NS-1100.136, § 10, 12-13-22)

Division C10 - MOVING BUILDINGS[[1]]

Footnotes:

--- ( 1 ) ---

Cross reference— Building regulations generally, Div. C3.

State Law reference— Warning lights on house towing trucks, Vehicle Code § 25263.

Sec. C10-1. - Permit required.

No person shall move or cause to be moved any building or structure, as defined in this title or any code adopted thereby, across any public street or highway, or from one location to another in the County without first obtaining a permit in writing.

(Code 1954, § 11.3.1; Ord. No. NS-1102.3, § 1, 5-11-64)

Sec. C10-2. - Application for permit required.

Application for a permit required by this division shall be filed in duplicate with the Building Inspector, hereinafter referred to as "Director."

(Code 1954, § 11.3.1-2; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1102.3, § 1, 5-11-64; Ord. No. NS3.19, § 10, 5-4-76)

Sec. C10-3. - Contents of application.

The application for a permit hereunder shall specify the size and character of the building to be moved, the proposed improvement to be made, if any, the place from which and the place to which said building is to be moved, the method of such moving and the proposed route to be followed. The application shall also

include photographs showing the front, sides and rear of the building to be moved and plans showing both the proposed site development and appropriate elevations of the building to be moved.

(Code 1954, § 11.31-3; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS1102.3, § 2, 5-11-64; Ord. No. NS-1102.4, § 1, 1-17-66)

Sec. C10-4. - Application fee.

At the time of filing an application for a permit hereunder, the applicant shall pay to the Director an application fee in the amount as set forth by resolution of the Board of Supervisors.

(Code 1954 § 11.3.1-4.1; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1100.72, § 15, 8-18-87)

Sec. C10-5. - Moving permit fee and inspection cost deposit.

If a house moving permit is issued as hereunder provided by the Director, the applicant shall pay an additional house moving permit fee of $50.00. This fee shall be collected by the Road Commissioner.

In addition to the house moving permit fee, the Director shall collect a deposit of $300.00, which will be applied to inspection costs. If the costs exceed $300.00, the applicant will be billed for the balance; if the inspection costs are below $300.00 the applicant will receive a refund of the unused portion of the $300.00. This deposit shall be collected by the Road Commissioner.

The Road Commissioner is hereby authorized to suspend issuance of building moving route permits to a mover when the mover has deviated from the approved route without authorization or verifiable cause in accordance with the following schedule:

(a)

First route and/or time adherence violation: 30-day suspension.

(b)

Second route and/or time adherence violation in six months: 60-day suspension.

(c)

Third route and/or time adherence violation in six months: 90-day suspension.

(d)

Fourth route and/or time adherence violation in six months: Six-month suspension.

(Code 1954, § 11.3.1-4.2; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1102.6, § 1, 12-14-76; Ord. No. NS-1102.7, § 1, 6-20-77; Ord. No. NS-1102.8, § 1, 5-15-78; Ord. No. NS-1100.72, § 16, 8-18-87)

Sec. C10-6. - Reserved.

Editor's note— Section 17 of Ord. No. NS-1100.72, adopted Aug. 18, 1987, repealed § C10-6, establishing a fee for moving additional buildings, derived from Code 1954, § 11.3.1-4.3; Ord. No. NS300.36, § 9, adopted Dec. 1, 1958; and Ord. No. NS-1102.2, § 1, adopted May 31, 1960.

Sec. C10-7. - Exemption from fees.

The moving permit fee and inspection cost deposit shall not be required in the following instances:

(a)

If the building is to be moved from one location to another and no County road is to be used.

(b)

If the building to be moved contains no more than 100 square feet of floor space.

(Code 1954, § 11.3.1-5; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS1100.72, § 18, 8-18-87)

Sec. C10-8. - Refunds of fees.

No fees required by this division shall be refunded if the moving of a building authorized by the permit is not made.

(Code 1954, § 11.3.1-16.3; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-9. - Inspection by Director; conditions authorized.

Within three working days after receipt of application, the Director shall inspect the building to be moved and the site to which the move is proposed. In addition, the Director may, in his discretion, inspect all rollers, trucks, wheels, dollies, tractors or other apparatus proposed to be used in the moving operation, and shall restrict the use of such apparatus to that which in his judgment will not cause injury to highways, bridges or other property or hazard to traffic. The Director may also require reasonable changes in the route proposed, even though the route required may be longer than the one proposed, and may specify the hours within which any moving must be accomplished.

(Code 1954, § 11.3.1-6; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-10. - Notice of intention to issue house moving permit; posting and mailing.

(a)

Posting. If the Director determines that the building proposed to be moved will not come within the scope of the conditions prohibited by Section C10-11, he shall cause a notice of intention to issue house moving permit to be posted within five working days from filing the application on stakes at the front and rear of the proposed location and on the front of the building proposed to be moved; such notice shall not be less than 11 inches by 14 inches in size and shall set forth the character of the building to be moved, the present and proposed location of the building, and the date of the posting.

(b)

Mailing. The Director shall be responsible for mailing notices to all owners of property within 300 feet of the exterior boundaries of the property upon which the moved building will be placed. The notices shall be mailed not less than ten days prior to the date the building is to be moved. The applicant shall be responsible for providing correct names and addresses of property owners at their last known address using the addresses from the last adopted tax roll of the County. The written notice shall be entitled "Notice of Intent to Issue House Moving Permits." It shall contain the following information:

(1)

Present location of building;

(2)

Site building is to be moved to;

(3)

Earliest date of proposed house move;

(4)

Brief description of proposed alterations;

(5)

Future use of relocated building, as stated by the applicant or the owner;

(6)

Any other information deemed necessary or appropriate by the Director.

(Code 1954, § 11.3.1-8; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS1102.5, § 1, 7-8-68)

Sec. C10-11. - Denial of permit.

(a)

The application for permit shall be denied when:

(1)

Any unlawful, dangerous or defective condition of a building proposed to be moved is such that remedy or correction cannot effectively be made; or

(2)

The relocation of the building to the proposed site would cause appreciable damage to or be materially detrimental to the property or improvements in the districts within the immediate vicinity of the proposed new location; or

(3)

The structure is of a type prohibited at the proposed location by law or regulation of the County.

(b)

The Director shall inform the applicant of the denial in writing within five working days of the filing of the application. The denial shall set forth the reasons therefor, and shall designate the applicable provisions of the law or regulations upon which said denial is predicted.

(Code 1954, § 11.3.1-7; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-12. - Right of appeal; fee.

Any person who is dissatisfied with the decision of the Director may, on the payment of such fee as may be established by resolution of the Board of Supervisors, appeal therefrom to the Architectural and Site Approval Committee.

(Code 1954, § 11.3.1-9.1; Ord. No. NS-300.36, § 4, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1100.31, § 1, 11-9-65; Ord. No. NS-1100.33, § 1, 11-7-66; Ord. No. NS-1100.81, § 11, 7-21-92)

Sec. C10-13. - Form and filing of appeal.

No special form of appeal is required except that the appeal must contain the name and address of the applicant, state the reasons or grounds therefor, and be signed by the appellant.

Appeals shall be filed with the Clerk of the Board of Supervisors who shall arrange for a hearing at the meeting of the Board next following the completion of the required period of giving notice.

(Code 1954, § 11.3.1-9.2; Ord. No. NS-300.36, § 4, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-14. - Time limit, notice of appeal by applicant.

In the case of an appeal by the applicant for the permit, the appeal must be filed within five working days after the mailing of the notice of disapproval by the Director. Upon notice of appeal by the applicant, the Clerk of the Board of Supervisors shall advise the applicant and the Director of the time and place of the hearing and shall cause a notice to be posted on stakes at the front and rear of the proposed location and on the front of the building proposed to be moved. Such notice shall be not less than 11 inches by 14 inches in size and shall set forth the character of the building to be moved, the present and proposed location of the building, and the date and place of the hearing of the appeal before the Board of Supervisors. Such notice shall be posted at least ten days prior to the scheduled hearing.

(Code 1954, § 11.3.1-9.3; Ord. No. NS-300.36, § 4, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-15. - Time limit, notice of appeal by person other the applicant.

In the case of an appeal by any person other than the applicant, the appeal must be filed within ten working days of the date of posting by the Director of his notice of intention to issue the house moving permit.

The Clerk of the Board of Supervisors shall notify the Director, the appellant and the applicant of the time and place of hearing at least five days prior thereto.

(Code 1954, § 11.3.1-9.4; Ord. No. NS-300.36, § 4, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-16. - Reference of appeal to Committee for report.

(a)

In the case of an appeal by any person, the application for a house moving permit shall be referred to a committee of three persons designated by the Director of the Department of Planning and Development. Said Committee shall inspect the building to be moved and the site to which the move is proposed, and shall submit a report recommending whether the application should be granted or denied based on whether the building at the proposed site would:

(1)

Be materially detrimental to the public health, safety or public welfare; or

(2)

Greatly inconvenience any reasonable number of persons; or

(3)

Cause appreciable damage to the neighborhood; or

(4)

Be materially detrimental to the neighborhood.

(b)

Said report shall be submitted to the Board of Supervisors prior to hearing by said Board.

(Code 1954, § 11.3, 1-9.6; Ord. No. NS-300.36, § 1, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1102.3, §§ 3, 4, 5-11-64; Ord. No. NS-3.16, § 38, 10-8-74; Ord. No. NS-3.19, § 11, 5-4-76; Ord. No. NS-1100.72, § 19, 8-18-87)

Sec. C10-17. - Hearing, action by Board of Supervisors; notice.

Appeals to the Board of Supervisors shall be heard at the next convenient meeting after the completion of any required period of giving notice. The Board shall announce its decision denying the permit, or directing its issuance subject to such conditions it deems appropriate within 20 days after the close of the hearing. The Clerk of the Board of Supervisors shall mail notice of the said decision to the appellant, the Director and any other persons making written request for same. Said notice shall be mailed within two working days after the decision is announced, as aforesaid.

(Code 1954, § 11.3.1-9.6; Ord. No. NS-1102.3, § 5, 5-11-64)

Sec. C10-18. - Issuance of permit required.

In the event the decision of the Director to grant the permit is not appealed within the ten-day posting period specified above and the building proposed to be moved will not come within the scope of the conditions prohibited by Section C10-11, and the applicant has complied with all other applicable requirements of this division, the Director shall issue the permit.

In the event an appeal has been filed, the Director shall issue or deny said permit, pursuant to the terms of the final decision of the Board of Supervisors and the other applicable provisions of this division.

(Code 1954, § 11.3.1-10; Ord. No. NS-300.36, § 4, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-19. - Conditions for issuance.

If a permit is granted, it shall be granted under terms which shall require the applicant or owner of any building to be moved to comply with the provisions of all applicable state laws, local ordinances and conditions specified by the Director, to make such changes or repairs as may be necessary to comply therewith. No building moved in accordance with the provisions of this division shall be used or occupied or have utility services connected thereto until said necessary changes or repairs have been completed.

Prior to the issuance of any permit, the Director shall also require the applicant to furnish proof that the requirements of any public utility, whose lines, wires, pipes or other structures which may be affected by said move, have been met.

The applicant, as a condition to the issuance of the permit, shall agree to notify the public utilities which may be involved of the tentative time of such moving, the route of such moving, and the estimated loaded height of the building and moving equipment. Applicant shall further agree to bear the costs of any measures required to protect said public utility structures from destruction or damage due to the moving of any building pursuant to this division.

(Code 1954, § 11.3.1-11; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-20. - Cash deposit or surety bond authorized.

The Director may require the applicant to deposit cash or a surety bond with the County to insure compliance with applicable provisions of law and the conditions imposed on the subject permit. The amount of such bond is to be set at the discretion of the Director. At the time of filing the cash or bond with the County, applicant must also execute and file a statement in substantially the following language:

"I, ___________, applicant, hereby promise to comply with all applicable provisions of law and the conditions imposed on house moving permit No. _____. By way of guarantee that this work will be done, I herewith deposit with the County cash (or bond) in the amount of _____ dollars and agree that in the event these conditions are not fulfilled within _______ days hereafter the County may in its discretion either cause said conditions to be fulfilled or demolish the building which was moved under authority of said house moving permit and charge the costs thereof to said cash or bond."

(Code 1954, § 11.3.1-12; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60) Sec. C10-21. - Permit expiration.

Permission to move any building under the permit therefor shall expire 60 days after issuance, except that the Director may extend the expiration time an additional 60 days.

(Code 1954, § 11.3.1-16.1; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-1-60)

Sec. C10-22. - Transfer of permits.

Permits issued under this division shall not be transferred by the holder thereof to any other person. All movements of buildings authorized by the permit shall be made under the control and supervision of the grantee of the permit.

(Code 1954, § 11.3.1-16.2; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-23. - Building permit required.

When the building to be moved is to be located in the unincorporated area of the County, the permit requirements of this title shall be complied with prior to the issuance of a permit under this division.

(Code 1954, § 11.3.1-10.1; Ord. No. NS-1102.4, § 2, 1-17-66)

Sec. C10-24. - Liability insurance required.

No permit shall be issued under the provisions of this division unless the permittee shall have first taken out and agreed to maintain at all times public liability insurance in an amount not less than $100,000.00 for injuries, including wrongful death, to any one person, and subject to the limit for each person, in an amount not less than $200,000.00 on account of one accident, and unless also he shall take out and agree to maintain at all times property damage insurance in an amount not less than $50,000.00. Such insurance shall name the County as an insured, and a certificate of insurance shall be filed with the Director.

(Code 1954, § 11.3.1-14; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-25. - Notice to Communications Department.

Any person moving a building on any County road shall notify the County Communications Department immediately before and after the movement.

(Code 1954, § 11.3.1-15.2; Ord. No. NS-300.36, § 9, 12-1-58)

Sec. C10-26. - Sealing sewer, septic tank.

All house moving permits shall contain the condition that applicant:

(a)

Has sealed or will seal the sewer line at the site from which the building is being moved in the manner prescribed by the political subdivision having jurisdiction thereof, or

(b)

Has pumped and sealed or will pump and seal the septic tank system in accordance with County health requirements, or

(c)

Obtain written consent of the political subdivision having jurisdiction of the site from which the building is being moved to make some other specific arrangements relative to the sewer or septic tank.

(Code 1954, § 11.3.1-13; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-27. - Red lights required.

Red lights shall be maintained by the mover at each corner of the building from one-half hour after sunset until one-half hour before sunrise on such dates as the building is on any public right-of-way or within 15 feet of any surfaced roadway.

(Code 1954, § 11.3.1-15.1; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-28. - Moving prohibited during rush hours and on holidays.

Unless otherwise designated by the Director on the moving permit, movement of buildings on any County road shall be prohibited during the times hereinafter set forth:

(a)

Between the hours of 7:00 and 9:00 a.m. and 4:00 to 7:00 p.m.

(b)

On the following holidays:

(1)

January 1;

(2)

The third Monday in February known as "Washington's Birthday;"

(3)

The last Monday in May;

(4)

July 4;

(5)

First Monday in September;

(6)

Thanksgiving Day;

(7)

December 25.

(Code 1954, § 11.3.1-15.3; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1102.8, § 2, 5-15-78)

Sec. C10-29. - Moving additional buildings under permit.

Additional buildings or portions of buildings may be moved on a single permit when all are moved from one location or parcel of land to another using the same route.

(Code 1954, § 11.3.1-16.4; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-30. - Violations declared public nuisances; abatement.

Any building moved contrary to any of the provisions of this division is hereby declared to be a public nuisance, and the duly constituted authority of the County shall, upon order of the Board of Supervisors, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law. The remedies provided for herein shall be cumulative and not exclusive.

(Code 1954, § 11.3.1-17; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Division C11 - PLUMBING AND GAS[[1]]

Footnotes:

--- ( 1 ) ---

Cross reference— Environmental health regulations, Div. B11; on-site sewage disposal, § B11-60 et seq.

CHAPTER I. - COUNTY PLUMBING CODE[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Sec. 11 of Ord. No. NS-1100.136, adopted December 13, 2022, amended Ch. I in its entirety to read as herein set out. Former Ch. I pertained to the same subject matter, and derived from Ord. No. 1100.131, adopted December 17, 2019.

ARTICLE 1. - INCORPORATION BY REFERENCE

Sec. C11-1. - 2022 California Plumbing Code adopted.

The County Plumbing Code is the 2022 California Plumbing Code as modified by the additions, deletions, and amendments set forth in this chapter. The 2022 California Plumbing Code is based on the Uniform Plumbing Code (2021 Edition), as modified by the California Building Standards Commission.

(Ord. No. NS-1100.136, § 11, 12-13-22)

ARTICLE 2. - ADDITIONS, DELETIONS, AND AMENDMENTS TO 2022 CALIFORNIA PLUMBING CODE

Sec. C11-2. - Additions, deletions, and amendments.

Additions, deletions, and amendments to the 2022 California Plumbing Code ("CPC") are as set forth in this.

(Ord. No. NS-1100.136, § 11, 12-13-22)

Sec. C11-3. - Chapter 1 Division II adopted and amended.

Chapter 1 Division II of the CPC is adopted with the following amendments:

(a)

Section 104.5 (Fees) is deleted in its entirety and replaced with the following:

104.5. Fees. A plan review fee shall be paid when plans or documents are required to be submitted for review prior to issuing a plumbing permit. A plumbing permit fee shall be collected when the plans or documents have been approved for permit issuance. The fees shall be in an amount established by resolution of the Board of Supervisors.

(b)

Table 104.5 (Plumbing Permit Fees) and all references thereto are deleted in their entirety.

(c)

Section 104.5.2 (Investigation fees) is amended to read as follows:

104.5.2. Investigation fees. An investigation fee, in addition to the permit fee, shall be collected whether a permit is then or subsequently issued. The investigation fee shall be in an amount established by resolution of the Board of Supervisors. The payment of such investigation fee shall not exempt a person from compliance with other provisions of this code, nor from a penalty prescribed by law.

(d)

Section 106.3 (Penalties) is amended to read as follows:

106.3. Penalties. Any person violating a provision of the code shall be subject to penalties as provided in section C1-72 of the Ordinance Code. Each separate day or portion thereof, during which a violation of this code occurs or continues, shall be deemed to constitute a separate offense. The penalties set forth in this section shall be exclusive of, or in addition to civil penalties and remedies pursuant to Divisions A1 and A37 of the Ordinance Code.

(e)

Section 107.1 (General) is amended to read as follows:

107.1. General. In order to hear and decide appeals of orders, decisions or determinations made by the Authority Having Jurisdiction relative to the application and interpretation of this code in connection with the application for a permit, there shall be and is hereby created a Board of Appeals as set forth in Division C2 of the Ordinance Code. The building official shall be an ex-officio member and shall act as secretary to said board but shall have no vote upon a matter before the board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render decisions and findings in writing to the appellant with a duplicate copy to the building official. Any appeal of the code official's determination that a violation of this code exists or of an associated notice or penalty related to that violation shall be made pursuant to County Ordinance Code Division A37.

(Ord. No. NS-1100.136, § 11, 12-13-22)

Sec. C11-4. - Chapter 4 amendments.

Chapter 4 of the CPC is adopted with the following amendments:

(a)

Section 415.0 (Drinking Fountains) is retitled as follows:

415.0. Drinking Fountains and Water Bottle Filling Stations.

(b)

A new section, Section 415.0.1 (Water bottle filling station definition), is added to read as follows:

415.0.1. Water Bottle Filling Station Definition. A water bottle filling station means a unit that: (1) supplies potable water to a water bottle from a downward facing water orifice; (2) delivers a minimum of 8.0 gallons per hour (gph) of 50° F water; (3) is wall- or floor- mounted and is a separate unit or a combination unit including a drinking fountain; and (4) complies with the California Title 24 accessibility standards, is listed by an approved listing agency, and is certified to be lead-free compliant, including NSF/ANSl.61-Annex G, AB 1953.

(c)

Section 415.1 (Application) is amended to read as follows:

415.1. Application. Drinking fountains shall be self-closing and both drinking fountains and water bottle filling stations shall comply with applicable sections of ASME A112.19.1/CSA B45.2, ASME A112.19.2/CSA B45.1, or ASME A112.19.3/CSA B45.4, and NSF 61. Permanently installed electric water coolers shall also comply with UL 399. Drinking fountains shall be installed and so regulated that a jet of water extending at least 2 inches (51 mm) in height from the water orifice shall be constantly available. The orifice shall not be accessible to the mouth of the drinker not subject to immersion.

(d)

Section 415.2 (Drinking Fountain Alternatives) is amended to read as follows:

415.2. Drinking Fountain Alternatives. Where food is consumed indoors, water stations shall be permitted to be substituted for drinking fountains and water bottle filling stations. Drinking fountains and water bottle filling stations shall not be required for an occupant load of 30 or less.

(e)

A new section, Section 415.2.1 (Water Bottle Filling Stations—Where Required), is added to read as follows:

415.2.1. Water Bottle Filling Stations—Where Required. Water bottle filling stations shall be installed where drinking fountains are required per Table 422.1 at a ratio of one unit per each floor of the building. Water bottle filling stations shall be permitted to be substituted for required drinking fountains for up to 50% of the requirements for drinking fountains. Water bottle filling stations shall not be required on floors which have an occupant load of 30 or less. If floors have multiple wings that are not integrated and accessible to all occupants, one additional water bottle filling station shall be required in each separate wing not providing access to all occupants.

(f)

Section 415.3 (Drainage Connection) is amended to read as follows:

415.3. Drainage connection. Drinking fountains and water bottle filling stations shall be permitted to discharge directly into the drainage system or indirectly through an air break in accordance with Section 809.1.

(g)

Section 415.4 (Location) is amended to read as follows:

415.4. Location. Drinking fountains and water bottle filling stations shall not be installed in toilet rooms.

(Ord. No. NS-1100.136, § 11, 12-13-22)

Secs. C11-5—C11-29. - Reserved. CHAPTER II. - PLUMBERS[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Section 2 of Ord. No. NS-1100.54, adopted Oct. 30, 1979, repealed Div. C11, Ch. II, §§ C11-12—C11-15, relating to the Board of Plumbing Examiners, derived from Code 1954, §§ 3.2.10-1— 3.2.10-4, Ord. No. NS-300.44, § 4, adopted May 9, 1960; Ord. No. NS-300.57, § 2, adopted Jan. 15, 1962; and Ord. No. NS-300.62, § 1, adopted June 4, 1962. Section 3 of Ord. No. NS-1100.54 added a new Ch. II, relating to plumbing, §§ C11-12—C11-22. Subsequently, Ord. No. NS-1100.88, § 6, adopted June 29, 1999, renumbered C11-12—C11-22 as C11-30—C11-40. See also the editor's note at Div. C11.

Sec. C11-30. - Intent; exemption for contractors and apprentices.

This chapter requiring examination and certification as to competency in performing plumbing work is enacted to protect the health, safety and welfare of the general public. Such regulation is necessary because, except for contractors and apprentices, there are no minimum standards of competency established by law for those engaged in the plumbing trades. Plumbing work is complex and demanding and carries high risk of harm to person and property if done improperly. Neither individuals required to be licensed under the Contractors' License Law, of the Business and Professions Code § 7000 et seq., nor individuals regulated under an apprenticeship program pursuant to Chapter 4, Division 3 of the Labor Code (Labor Code § 3070 et seq.), shall be required to take the examination or to obtain the certificate of competency provided for by this chapter.

(Ord. No. NS-1100.54, 63, 10-30-79; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-2202)

Sec. C11-31. - Exemption for utility employees.

An employee of a privately owned public utility operating under the jurisdiction of the Public Utility Commission of the State of California, or the Federal Power Commission, shall not be required to obtain a certificate of competency in order to install, connect, maintain, repair or do any other work on plumbing fixtures located within the public utilities' operating property or in an area where the utility has the right to conduct its operations as granted by franchise.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-2202)

Sec. C11-32. - Certificate of competency required.

It shall be unlawful for any person, other than a contractor, apprentice or utility employee exempted by Section C11-30 or C11-31, to labor for another at the work or trade of installing, connecting, constructing, maintaining or repairing plumbing equipment within the unincorporated territory of the County unless such person shall have secured a certificate of competency from the Plumbing Board of Examiners, after passing the examination provided for in this chapter.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-2202)

Sec. C11-33. - Unlawful to hire.

No person, as defined in Section A1-21 of this Code, shall hire, employ or contract for the services of any individual to perform plumbing work for which a certificate of competency is required hereunder unless such individual either possesses a valid certificate of competency or is exempt from such requirement. It shall be the obligation of the person hiring, employing or contracting for the performance of plumbing work requiring a certificate of competency to determine whether the individual to be hired, employed or contracted with possesses a valid certificate of competency.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-2202)

Sec. C11-34. - Board of Plumbing Examiners.

(a)

[Established; composition.] There is hereby established a Board of Examiners for the plumbing trade in the County. The Board shall consist of three licensed plumbing contractors actively engaged in the contracting business, three journeyman plumbers and one inspector with a plumbing background from a city within the County. The Clerk of the Board of Supervisors shall be ex officio secretary of the Board of Examiners and shall be responsible for providing secretarial assistance to the Board of Examiners.

(b)

[Terms.] The term of each member shall be four years. No member shall be eligible to serve on such Board for more than three (3) consecutive terms in addition to any portion of any unexpired term which may have been served. The Board of Supervisors may waive the foregoing limit upon consecutive terms in office for any member when it finds that no other qualified person is known to be available to serve. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a member fails to attend more than three consecutive regular meetings of the Board without good cause entered on the minutes of the Board; or when a member is unavailable or no longer able to participate for any reason.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.71, § 2, 10-28-86; Ord. No. NS-1100.88, § 6, 6-2999; Ord. No. NS-1100.89, § 5, 10-22-02; Ord. No. NS-1100.99, 12-12-06)

Sec. C11-35. - Duties of the Board.

(a)

The Board or its duly authorized designees shall prepare and conduct examinations at least quarterly, and more often if the need arises, for the purpose of determining the competency and knowledge of persons who are required by this chapter to obtain a certificate of competency. Examinations shall be prepared and given for applicants (journeyman) having five or more years of experience in performing plumbing work. An applicant having ten or more years' full-time job experience performing plumbing work, may, at the discretion of the Board, be examined orally by the Board or their designees in lieu of a written examination.

(b)

The journeyman examination shall test at a level which assumes sufficient knowledge of both theory and practice to enable the applicant to perform plumbing work competently, independently and in accordance with applicable codes.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.73, § 1, 2-9-88; Ord. No. NS-1100.79, § 1, 3-5-91; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-22-02)

Sec. C11-36. - Application for examination.

(a)

Persons desiring to take the examination for a certificate of competency shall apply at the Office of the Clerk of the Board of Supervisors. There shall be no eligibility requirements other than as set forth in this chapter for those persons wishing to take the examination.

(b)

Applicants for examination shall pay a fee in an amount established by the Board of Supervisors. The fee shall be paid at the Office of the Clerk of the Board of Supervisors.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.84, § 1, 2-4-97; Ord. No. NS-1100.88, § 6, 6-2999; Ord. No. NS-1100.89, § 5, 10-22-02; Ord. No. NS-1100.91, § 1, 12-7-04)

Sec. C11-37. - Successful examinees to be certified.

Certification shall be given to those persons who successfully pass the examination required by Section C11-35.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.73, § 2, 2-9-88; Ord. No. NS-1100.88, § 6, 6-2999; Ord. No. NS-1100.89, § 5, 10-22-02)

Sec. C11-38. - Exemption from examination.

A certificate of competency shall be issued without the necessity of an examination to any person possessing a similar certificate from any private organization, incorporated city, county, or city and county having a bona fide examining board with regulations acceptable to and as strict as those herein provided by the Santa Clara County Examining Board.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.73, § 3, 2-9-88; Ord. No. NS-1100.88, § 6, 6-2999; Ord. No. NS-1100.89, § 5, 10-22-02)

Sec. C11-39. - Loaning of certificates prohibited; grounds for revocation.

No person holding a certificate of competency required by this chapter shall lend such certificate to any person or allow any other person to carry on, engage in or labor at the trade of installing, connecting, constructing, maintaining or repairing plumbing equipment on a certificate taken out in his name. A violation of this section by any person holding a certificate of competency shall be grounds for revocation of such certificate.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-2202)

Sec. C11-40. - Violation or infraction.

Violations of Section C11-32 or Section C11-33 of this chapter are punishable as infractions. All other violations of this chapter are punishable as misdemeanors.

(Ord. No. NS-1100.54, § 3, 10-30-79; Ord. No. NS-1100.88, § 6, 6-29-99; Ord. No. NS-1100.89, § 5, 10-2202)

Division C12 - SUBDIVISIONS AND LAND DEVELOPMENT[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. NS-1203.35, §§ 1—7, 10, 11, adopted March 13, 1978, specifically amended the Code by repealing Chapters I—VII, X; adding new Chapters I—VI; and redesignating former Chapters VIII, XI as Chapters V, VI, respectively. Former Chapters I—VII, X, consisting of §§ C12-1—C12-7, C12-13, C1215—C12-20, C12-31—C12-36, C12-46—C12-49, C12-55—C12-65, C12-72—C12-75, C12-82—12-131, C12-137—C12-152, C12-165, C12-167—C12-233, C12-241—C12-250, C12-264, C12-273, C12-274, C12-277, C12-284—C12-295, C12-307—C12-317, C12-326—C12-334, pertained to major subdivisions, minor land divisions, hillside subdivisions, land development standards, parcel map regulations, single building sites, building site reports, and excavations and grading. Said repealed sections had been derived from Ord. No. NS-1203.8, § 1, 7-28-55; Ord. No. NS-1203.9, § 1, 4-3-61; Ord. No. NS-1203.10, § 1, 9-5-61; Ord. No. NS-1203.12, §§ 1, 2, 4-21-64; Ord. No. NS-1203.13, §§ 1—4, 3-3-64; Ord. No. NS-1203.14, § 1, 5-11-64; Ord. No. NS-1203.15, §§ 1, 2, 9-29-64; Ord. No. NS-1203.15.1, § 1, 6-14-65; Ord. No. NS1203.17, § 1, 6-1-65; Ord. No. NS-1203.19, § 1, 5-9-66; Ord. No. NS-1203.20, § 1, 11-7-66; Ord. No. NS1203.22, § 1, 7-31-67; Ord. No. NS-1203.23, §§ 1, 3—8, 3-18-69; Ord. No. NS-1203.23.1, §§ 1, 3—6, 4-2169; Ord. No. NS-1203.24, § 1, 4-20-71; Ord. No. NS-1203.25, §§ 1—11, 4-20-71; Ord. No. NS-1203.26, § 1, 7-31-71; Ord. No. NS-1203.27, § 1, 12-28-71; Ord. No. NS-1206.6, § 1, 1-11-72; Ord. No. NS-1203.28, §§ 1—49, 7-31-73; Ord. No. NS-1203.29, § 1, 5-14-74; Ord. No. NS-1203.30, §§ 2, 3, 6-10-74; Ord. No. NS-1203.31, §§ 1—5, 7, 11-6-74; Ord. No. NS-1203.32, §§ 1—6, 3-10-75; Ord. No. NS-1203.33, § 1, 5-1076; Ord. No. NS-1203.34, § 1, 11-22-76.

Former §§ C12-345—C12-348, C12-356—C12-358, C12-366, C12-375—C12-382 of Ch. VIII appear in this division as §§ C12-700—C12-715 of Ch. V. Former §§ C12-462—C12-486 of Ch. XI now appear as §§ C12750—C12-744 of Ch. VI, as hereinafter set out.

Cross reference— Streets and highways, Div. B17; zoning, App. I.

CHAPTER I. - SUBDIVISIONS ARTICLE 1. - GENERAL PROVISIONS AND DEFINITIONS Part 1. - General Provisions

Sec. C12-1. - Purpose.

This chapter is enacted to regulate the subdivision of land in the unincorporated area of the County of Santa Clara in accordance with the Subdivision Map Act (Government Code § 66410 et seq.).

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-2. - Citation.

This chapter may be cited as the "Santa Clara County Subdivision Ordinance."

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-3. - Withdrawal of a party and substituting a new party in an appeal.

(a)

If a party files a timely appeal under the provisions of this division and later requests that the appeal be withdrawn, the matter shall first be scheduled for a hearing before the appropriate hearing body. At the time of the scheduled hearing, the request for withdrawal of the appeal shall be presented to the hearing body. The hearing body shall inquire whether any other party or parties would like to be substituted for the original appellant. If so, such party or parties shall be designated the appellant and the original appellant will be allowed to withdraw from the appeal. If no other party requests to be substituted for the original appellant, the appeal shall be withdrawn, except that the appeal fee shall not be refunded.

(b)

When a new party is substituted for the original appellant, the appeal fee shall not be refunded and no new appeal fee shall be required of the new party or parties. The grounds for the appeal shall not be enlarged by the substitution of a new party or parties. A reasonable continuance in the hearing shall be granted to any appellant or respondent who requests additional time to prepare his or her case as a result of the substitution of parties.

(Ord. No. NS-1203.47, § 1, 9-24-79)

Sec. C12-4. - Reserved. Part 2. - Definitions

Sec. C12-5. - Definitions.

The definitions in this article apply to the provisions in this chapter and, when applicable, throughout this division.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.1. - Advisory agency.

The "advisory agency" means a designated official or an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority to recommend approval, conditional approval or disapproval of maps.

(a)

Advisory agency for tentative maps of five or more parcels where either a final map or parcel map is required shall be the Planning Commission.

(b)

Advisory agency for tentative maps of four or fewer parcels where a parcel map is required shall be the Zoning Administrator.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 17, 7-2-79; Ord. No. NS-1203.124, § 1, 12-1316)

Sec. C12-5.2. - Approved access.

An "approved access" is an access approved by the County.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.3. - Board.

"Board" shall mean the Board of Supervisors of the County of Santa Clara.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.4. - Reserved.

Editor's note— Sec. 2 of Ord. No. NS-1203.124, adopted Dec. 13, 2016, deleted § C12-5.4 which pertained to central permit counter, and derived from Ord. No. NS-1203.35, adopted Mar. 13, 1978; and Ord. No. 300.357, adopted May 25, 1982.

Sec. C12-5.5. - Reserved.

Editor's note— Sec. 3 of Ord. No. NS-1203.124, adopted Dec. 13, 2016, deleted § C12-5.5 which pertained to central permit office, and derived from Ord. No. NS-1203.35, adopted Mar. 13, 1978; and Ord. No. 300.357, adopted May 25, 1982.

Sec. C12-5.6. - Commission.

"Commission" shall mean the Planning Commission of the County of Santa Clara.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.7. - County.

"County" shall mean the County of Santa Clara.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.8. - County Health Officer.

"County Health Officer" shall mean the County Health Officer of the Public Health Department.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 4, 12-13-16)

Sec. C12-5.9. - County street/County-maintained road.

"County street/County-maintained road" shall mean any street, road, avenue, way, land or alley for vehicular use accepted for County maintenance by the Board of Supervisors.

(a)

Major street: The part of the roadway system that serves as the principal network for through-traffic flow. The routes connect areas of principal traffic generation and important rural highways entering the city.

(b)

Collector: The distributor and collector roadways serving traffic between major and local roadways. These are roadways used mainly for traffic movements within residential, commercial and industrial areas.

(c)

Local street: Roadways used primarily for direct access to residential, commercial, industrial, or other abutting property. They do not include roadways carrying through traffic. Long local roadways will generally be divided into short sections by collector roadway systems.

(d)

Expressway: A divided major arterial highway for through traffic with full or partial control of access and generally with interchanges at major crossroads. Expressways for noncommercial traffic within parks and parklike areas are generally known as parkways.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 5, 12-13-16)

Sec. C12-5.10. - County Surveyor.

"County Surveyor" shall mean the County Surveyor of the Department of Planning and Development.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-300.357, § 30, 5-25-82)

Sec. C12-5.11. - Design.

"Design" means:

(1)

Street alignments, grades and widths;

(2)

Drainage and sanitary facilities and utilities, including alignments and grades thereof;

(3)

Location and size of all required easements and rights-of-way;

(4)

Fire roads and firebreaks;

(5)

Lot size and configuration;

(6)

Traffic access;

(7)

Grading;

(8)

Land to be dedicated for park or recreational purposes; and

(9)

Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the General Plan.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.12. - Director of Roads and Airports Department.

"Director of Roads and Airports Department shall mean the Director of the Roads and Airports Department or civil engineer designated by the Director to carry out the functions of the Director set forth in this Division.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1230.39, 10-16-78; Ord. No. NS-1203.124, § 6, 12-13-16)

Sec. C12-5.13. - Final map.

"Final map" refers to a numbered tract subdivision map showing five or more parcels or condominiums which is prepared in accordance with this division.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.14. - Improvement.

"Improvement" refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; and such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the County or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the General Plan.

(Ord. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.15. - Parcel map.

"Parcel map" shall mean a map showing the division of land into four or fewer parcels, or when a final map is not required by this chapter, and prepared in accordance with this division.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 7, 12-13-16)

Editor's note— Sec. 7 of Ord. No. NS-1203.124, adopted Dec. 13, 2016, in essence deleted § C12-5.15, and renumbering C12-5.16 as C12-5.15 to read as herein set out. Former § C12-5.15 pertained to the Land Development Coordinator, and derived from Ord. No. NS-1203.35, adopted Mar. 13, 1978.

Sec. C12-5.16. - Planning Office.

"Planning Office" shall mean the Planning Office within the Department of Planning and Development of the County of Santa Clara.

(Ord. No. NS-1203.124, § 8, 12-13-16)

Sec. C12-5.17. - Right-of-way.

"Right-of-way" shall mean all or any part of the entire width of a road, street, highway, flood control or drainage easement or fee title.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.18. - Standard.

"Standard" shall mean the adopted County standards of the County of Santa Clara, including the standards for public or private roads adopted by the Board of Supervisors, copies of which are on file in the office of the Clerk of the Board of Supervisors of the County of Santa Clara.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 9, 12-13-16)

Sec. C12-5.19. - Subdivider.

"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, except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.20. - Subdivisions.

(a)

Subdivision means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, 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 except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way.

roved land, or any portion thereof, 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 except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way.

"Subdivision" includes a condominium project, as defined in Civil Code § 1351 or a community apartment project, as defined in Business and Professions Code § 11004. 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. As used in this section, "agricultural purposes" means the cultivation of food or fiber, or the grazing or pasturing of livestock.

(b)

Subdivision does not include:

(1)

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

(2)

Mineral, oil or gas leases.

(3)

Land dedicated for cemetery purposes under the Health and Safety Code of the State of California.

(4)

Lot line adjustments in accordance with Chapter 5.55 of the Zoning Ordinance.

(5)

Boundary line or exchange agreements to which the State Land Commission or a local agency holding a trust grant of tide and submerged lands is a party.

(6)

Acquisition of less than a whole parcel by a public agency or public utility having the power of eminent domain. When any public agency or public utility having the power of eminent domain acquires less than a whole parcel, the residue of that acquisition shall be considered a separate parcel, legally conforming for purposes of the Zoning Ordinance, but subject to review and approval prior to development under applicable County land development regulations and ordinances.

(7)

Sale by a public agency or public utility having the power of eminent domain of the residue of a parcel no longer needed for public purposes, so long as such residue is not further divided. Such residue shall be considered a separate parcel legally conforming for purposes of the Zoning Ordinance, but subject to review and approval prior to development under applicable County land development regulations and ordinances.

(c)

Exclusion. All whole parcels described in recorded deeds as of June 25, 1969, shall be considered as separate parcels subject to regulation as existing individual parcels as single building sites, provided such parcels were not divided or created in violation of County ordinance which existed at the time of such creation or division. Such individual parcels may be assembled and re-divided at the option of the property owner.

(d)

Major subdivision shall mean any subdivision containing five or more parcels or condominiums.

(e)

Minor subdivision shall mean any subdivision containing four or fewer parcels or lots.

(f)

Cluster subdivision means a subdivision using flexibility and variety in the location of dwelling units on a lot and diversity of lot sizes. This type of subdivision is subject to a cluster development plan as outlined in Chapter 5.45 of the Zoning Ordinance, which should be consulted for types of clusters, processing and review.

(g)

Hillside subdivision is a subdivision where the percent slope of the land is the primary factor in determining the minimum lot size and the number of parcels that may be created by means of subdivision. The term "percent slope" shall mean the vertical drop divided by the horizontal distance multiplied by 100. Percent slope "S" shall be computed by the formula:

S=0.00229IL

A

Where

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.43, § 1, 3-26-79; Ord. No. NS-1203.79, § 1, 6-1786; Ord. No. NS-1200.318, § 25, 3-28-06; Ord. No. NS-1203.124, § 10, 12-13-16)

Sec. C12-5.21. - Tentative map.

"Tentative map" refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-5.22. - Vesting tentative map.

"Vesting tentative map" shall mean a tentative map for a residential subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed and is thereafter processed in accordance with the provisions of Part 4 (commencing with Section C12-60) of Article 3 of this chapter.

(Ord. No. NS-1203.78, § 1, 5-13-86)

Sec. C12-5.23. - Urban lot split.

"Urban Lot Split" shall mean an urban lot split subject to ministerial approval pursuant to Government Code § 66411.7.

(Ord. No. NS-1203.128, § 1, 2-7-23)

Secs. C12-6—C12-9. - Reserved. ARTICLE 2. - MAPS Part 1. - General Provisions

Sec. C12-10. - Map requirements.

A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominium units as defined in Civil Code § 783, or as a community apartment project containing five or more parcels, except where:

(a)

Less than five acres: The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the County; or

(b)

Gross area of 20 acres of more: Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or

(c)

Industrial or commercial zoning: The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the County as to street alignments and widths; or

(d)

Gross area of 40 acres or more: Each parcel created by the division has a gross area of 40 acres or more, or each of which is a quarter of a quarter section or larger. A tentative map and a parcel map shall be required for those subdivisions described in Paragraphs (a), (b), (c), and (d) above and for four or less condominium units, or a community apartment project containing four or fewer parcels.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-11. - Lot line adjustments.

The provisions for lot line adjustments are contained within Chapter 5.55 of the Zoning Ordinance, and are by this reference incorporated as part of the subdivision and land development regulations of this title.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.37, § 1, 7-17-78; Ord. No. NS-1203.54, § 1, 9-1680; Ord. No. NS-1203.57, § 1, 7-7-81; Ord. No. NS-1203.60, § 1, 3-2-80; Ord. No. NS-1203.79, § 2, 6-1786; Ord. No. NS-1200.27, § 6, 11-17-96; Ord. No. NS-1200.318, § 26, 3-28-06)

Sec. C12-12. - Waiver of requirements for parcel map.

(a)

Upon request of the subdivider, the County may waive the requirement under this chapter for a parcel map if the County finds that the proposed division of land complies with such requirements of the Subdivision Map Act and this chapter as to area, improvement and design, floodwater drainage control, appropriate improvement public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and this chapter, and if the County Surveyor determines that the boundaries of the parcel or parcels are adequately monumented.

(b)

A request for approval of a waiver of the requirement for a parcel map shall automatically constitute a request for the issuance of a certificate of compliance meeting the requirements of Section 66428 of the Subdivision Map Act, and of this chapter. When approval has been given for waiver of the requirements of a parcel map, the Planning Office shall issue a certificate of compliance consistent with such waiver and shall cause said certificate of compliance to be filed with the County Recorder.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 11, 12-13-16)

Sec. C12-13. - Condominium project or community apartment projects.

(a)

Maps need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor shall the County have the right to refuse approval of a parcel, tentative or final map of such a project on account of design or location of buildings on the property shown on the map not violative of local ordinances or on account of the manner in which airspace is to be divided in conveying the condominium. Fees and lot design requirements shall be computed and imposed with respect to such maps on the basis of parcels or lots of the surface of the land shown thereon as included in the project. Nothing herein shall be deemed to limit the power of the legislative body to regulate the design or location of buildings in such a project by or pursuant to local ordinances.

(b)

Conversions. The Board shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project or a community apartment project unless it finds both that:

(1)

Each of the tenants of the proposed condominium or community apartment house project has been or will be given 120 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions hereof shall not alter or abridge the rights or obligations

of the parties in performance of their covenants, including, but not limited to the provisions of services, payment of rent or the obligations imposed by Civil Code §§ 1941, 1941.1 and 1941.2; and

(2)

Each of the tenants of the proposed condominium or community apartment house project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 60 days from the date of issuance of the subdivision public report pursuant to Business and Professions Code § 11018.2, unless the tenant gives prior written notice of his intention not to exercise the right.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-14. - Short-term lease; conveyance of rights-of-way.

A parcel map shall not be required for a subdivision created by short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Public Utilities Code § 230, or for land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence that public policy necessitates such a parcel map.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 12, 12-13-16)

Sec. C12-15. - Map to be recorded.

Of the maps required by this chapter, only final and parcel maps may be filed for record in the office of the Recorder.

(Ord. No. 4826 § 4, 3-13-78)

Sec. C12-16. - Consent of owners.

No final map or parcel map required by this chapter which creates a subdivision shall be recorded without the written consent of all parties having any record title interest in the real property proposed to be subdivided; except, that with respect to a division of land into four or fewer parcels, when dedications or offers of dedications are not required, the certificate need only be signed and acknowledged by the subdivider.

(Ord. No. 1203.35, § 4, 3-13-78)

Sec. C12-17. - Reserved.

Sec. C12-18. - Additional information filed or recorded simultaneously with final or parcel map.

Except as is provided in this section, no additional survey and map requirements other than those prescribed in Sections C12-26, C12-27, C12-33 and C12-35 or by state law shall be included on a final or parcel map which do not affect record title interests. The map, however, shall contain a notation of

reference to any additional survey and map information to be filed or recorded simultaneously with the map as provided in this section.

When required or permitted by the conditions of approval or when authorized by the County Surveyor, additional information may be filed or recorded simultaneously with a final or parcel map. The additional information shall be in the form of a separate document or an addition map sheet which shall indicate its relationship to the final or parcel map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.

(Ord. No. NS-1203.82, § 1, 1-13-87)

Sec. C12-19. - Reserved. Part 2. - Tentative Maps

Sec. C12-20. - Form and content of tentative maps.

(a)

A tentative map for a subdivision for which a final map or a parcel map is required shall be clearly and legibly drawn.

(b)

The sheet size shall be preferably 18 inches by 26 inches, but in no case larger than 24 inches by 36 inches. If necessary, more than one sheet should be used. The map shall be of such scale, preferably one inch equals 100 feet, as to show clearly all details thereof. The map shall be prepared by a registered civil engineer or licensed land surveyor, and shall contain the following information:

(1)

The proposed subdivision name or other designation.

(2)

Sufficient description to define the location and boundaries of the proposed subdivision.

(3)

Names, addresses, and signatures of record owners, subdivider, and name of engineer or surveyor under whose direction the map was prepared.

(4)

Locations, names and present widths of adjacent streets, highways and ways.

(5)

The locations, proposed names, rights-of-way widths, and approximate grades of all streets, highways and ways in the subdivision.

(6)

The locations and approximate widths of all easements for access, water system, flood control, drainage, sewage, or public utilities.

(7)

Approximate radii of all curves.

(8)

Approximate dimensions of all lots.

(9)

Approximate boundaries of areas subject to inundation or storm water overflow and of all areas covered by water and the location, width and direction of flow of all watercourses, flowing or dry.

(10)

Existing structures to remain, wells, pipelines, sewage disposal installations and any other existing use or uses of the property.

(11)

Proposed uses of the property and an outline of proposed restrictions, if any.

(12)

Public areas proposed, if any.

(13)

In areas to be developed or improved with roads, existing and proposed contours shall be drawn to intervals as follows:

Contours shall be accurate to within one-half a contour interval. In areas not to be developed, greater intervals may be permitted which shall be extended into adjacent property a sufficient distance to establish proper topographical relationships. Adequate cross-sections and profiles may be required depending on the extent of proposed grading.

(14)

Where a parcel is traversed by a watercourse, contours describing the watercourse shall be drawn to intervals as follows:

Provide accurate topographic information to show exact center line of watercourse, top of low and high banks, direction of flow and existing obstructions within and adjacent to the watercourse. Where a watercourse lies outside of a parcel, but the top of bank lies within 25 feet of the property line, show exact location of the top of bank relative to property line.

(15)

Statement of the dedications and improvements proposed to be made or installed.

(16)

Typical cross-sections of all streets (not less than two sections) showing any existing road widths and surfacing, proposed road widths and maximum cuts and fills at intervals not exceeding 500 feet. They shall accurately depict topographic conditions not less than 100 feet outside the future rights-of-way. The vertical dimensions of cuts and fills on each section shall be shown.

(17)

Date, north point and scale.

(18)

A site location sketch indicating the location of the proposed subdivision in relation to the surrounding area or region.

(19)

The approximate known soil or geologic hazard areas.

(20)

Provisions for drainage and flood control which are proposed.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-21. - Lot design.

(a)

Each lot shall have an area equal to or greater than that required by the Zoning Ordinance or as allowed or required under other applicable regulations, such lot area to be sufficient for the house, setbacks, yards, septic tank and well, if required, and any necessary cuts or fills and drainage facilities. The size and shape shall be such that any necessary permits can be issued under normal review procedures based upon application of ordinance requirements and acceptable design principles. Future street openings and street extensions for traffic circulation must be provided. Lots typically shall have frontage on only one street where practicable, but may have double frontage when necessary because of natural terrain features.

(b)

Lots shall have frontage on a street or legal access to a right-of-way as the principal vehicle access to the lot.

(c)

The side lines of lots will be required to run at right angles to the street upon which the lot faces, as far as practical.

(d)

Where practicable, residential lots adjacent to a major collector street or highway which is planned for four or more lanes shall be designed to front on a street one lot depth removed from the major street or highway, or an intersecting side street.

(e)

Corner lots shall have extra width, sufficient to permit the maintenance of building setback lines on both front and side streets. Ordinarily, the width required will be the amount of the established building setback lines on the side street plus a reasonable building width plus such side yard width as may be required by law for the interior side of the lot.

(f)

All lots shall be suitable for the purpose for which they are intended to be sold.

(g)

All lots shall be designed to provide the maximum in safety and human enjoyment while taking advantage of the best natural building sites. Trees of significant value and the natural contours of the land shall be preserved as much as possible.

(h)

Where lots have frontage on a roadway which is not designed to permit parking, off-street parking shall be provided. Either individual lot or common parking areas may be used. Common parking areas to serve several dwelling units shall be designed for two spaces per dwelling unit, exclusive of garage or carport. If common parking areas are not used, each lot shall be improved to provide off-street parking spaces for four cars in addition to parking provided within garages or carports. Driveways may be used to provide this parking.

(i)

Lot widths have a significant effect on aesthetics and improvement cost. To avoid undesirable narrow, deep lots and to achieve a reasonable balance in lot design and improvement costs, lots (except cluster developments) generally shall have a maximum depth to width ratio of three-to-one.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 13, 12-13-16)

Secs. C12-22—C12-25. - Reserved. Part 3. - Final Maps

Sec. C12-26. - Form and content of final maps.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. It shall be based on a survey and shall conform to all of the following provisions:

(a)

It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(b)

The size of each sheet shall be 18 by 26 inches, minimum. A marginal line shall be drawn completely around each sheet, leaving a entirely blank margin of one inch. The scale and the information on the map shall be large enough to show all details clearly in order to allow for future microfilming and subsequent reproduction, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

(c)

All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

(d)

Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named with new names, subject to the approval of the advisory agency.

(e)

The exterior boundary of the land included within the subdivision shall be indicated by a distinctive symbol suitable for microfilming without obliterating information, and shall be identified in the legend. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

(f)

All specific requirements noted as conditions of approval for the tentative map shall be incorporated into the final map.

(g)

The title sheet shall contain the title and tract number as secured from the Planning Office, conspicuously placed on the sheet. Below the title shall appear a subtitle consisting of a general description of all the property being subdivided by reference to recorded deeds or to maps which have been previously recorded or by reference to the plat of a United States survey.

(h)

There must also appear on the map the scale, the north point and the basis of bearing, reference being made to a recorded subdivision map, recorded deed, United States survey, solar or polaris observation. Every sheet comprising the map proper shall bear the title, scale, north point, sheet number, and County file number.

(i)

Affidavits, certificates, acknowledgments, endorsements, acceptances of dedications, and notarial seals required by law and by this chapter shall appear only once and shall be placed on the title sheet, or the title sheet and such other sheets as may be required.

(j)

All stakes, monuments or other evidences which were found on the ground to determine the boundaries of the subdivision shall be shown. The adjoining corners of all adjoining subdivisions shall be identified by lot and block number, tract name and place of record, or by section, township and range or other property designation.

(k)

City and/or county boundaries which cross or adjoin subdivision shall be clearly designated.

(l)

In making the survey, the engineer or surveyor shall set permanent monuments at all angle and curve points on the subdivision boundary, on the boundaries of each block and on all lot corners. In case the location of any watercourse, inaccessible terrain or physical obstruction makes it impracticable to place any of the

monuments as required by this section, the County Surveyor may authorize, in lieu thereof, the placing of off- set monuments. The exterior boundary of the land being subdivided shall be adequately monumented before the map is recorded. All monuments shall be appropriately marked with the engineer's or surveyor's license number in conformance with Business and Professions Code § 8772.

(m)

Monuments and monument boxes set in existing or future County roads shall conform to the County's published standards. Sections, quarter sections and rancho corners shall be not less than two inches nominal diameter iron pipe 36 inches long. Standard property corner monuments shall be iron pipe not less than three-fourths inches nominal diameter 18 inches long.

(n)

Find and show on the map of the survey (with ties) all existing monuments in the immediate area which have a significant bearing on the confirmation or establishment of the lines of the property being surveyed. Reestablish any lost monuments that have controlling influence on the line of the survey. Identify on the map the monuments used as the basis for the survey and which correlate with the legal description of the property.

(o)

Monumenting road center lines (public and private).

(1)

Monument the center line intersection of roads created or widened by the parcels being surveyed. Provide additional road center line monumentation adequate for the present survey and future resubdivision or resurvey of the property. (Maximum distance between center line monuments to be 1,000 feet.)

(2)

Find and show on the map the existing road center line and/or monument lines of record in existing roads adjacent to the parcels being surveyed. If monuments are below the road surface and not enclosed in monument boxes, show the existing record data on all monuments on the map of the survey and uncover only such monuments as are needed for establishment of the survey and verification of points and lines.

(p)

Monumenting road rights-of-way and road easement lines (public and private).

(1)

Monument the road right-of-way or road easement lines at the point of intersection with the property line.

(2)

Monument the road right-of-way or road easement lines at all BC's and EC's or angle point if there is no curve. NOTE: County regulations require curvilinear alignment for newly created or widened roads.

(3)

Monument the proposed right-of-way line rather than the existing one if the survey involves a right-of-way or easement to be widened in connection with a land development project.

(4)

Find and show on the map of the survey the existing right-of-way or easement monuments of record.

(q)

Monumenting drainage, flood-control and utility easements (existing and proposed).

(1)

Monument drainage and flood-control easement lines rather than the property lines in situations where the easement is adjacent to the property lines and it would not be appropriate or practical to set the monument on the property line because of flowing water, erosion, proposed construction, etc.

(2)

Monument the proposed property lines in situations where land is to be purchased or dedicated in fee in connection with a land development project.

(3)

Monuments on easement lines other than those described in (1) and (2) above are not required unless they are needed to determine the setbacks for buildings or other permanent improvements.

(4)

Show all easement widths, bearing, distances, ties and recording data (if recorded) on the map of the survey. (Required regardless of whether monuments are provided.)

(r)

All monuments shall be subject to inspection and approval by the County Surveyor before approval of the map. In case the improvements in the subdivision are proposed to be installed subsequent to the recordation of the map, the County Surveyor may authorize the placing of reference point markers in lieu of some of the interior monuments required by this chapter which cannot be permanently placed until completion of the improvement work. In such case the agreement for the improvement work shall include the placing of the permanent monuments required by this chapter.

(s)

At the County Surveyor's option, interior monuments need not be set at the time the final map is recorded if the engineer or surveyor certifies on the map that the monument will be set on or before a specified later date, and if the subdivider furnishes to the Board a bond or cash deposit guaranteeing the payment of the cost of setting the monuments as part of the agreement.

(t)

Within five days after the final setting of all monuments has been completed by the engineer or surveyor, he/she shall give written notice to the subdivider, and to the County Surveyor that the final monuments have been set.

Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the County Surveyor evidence of such payment and receipt thereof by the engineer or surveyor. If the subdivider does not present evidence to the County Surveyor that he has paid the engineer or surveyor for the setting of the final monuments, and if the engineer or surveyor notifies the Board that he has not been paid by the subdivider for the setting of the final monuments, the Board may, within three months from the date of said notification, pay the engineer or surveyor from any deposit the amount due.

(u)

In the event of the death, disability, or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his refusal to set such monuments, the Board may direct the County Surveyor, or such engineer or surveyor as it may select, to set such monuments. When the monuments are so set, the substitute engineer or surveyor shall amend any map filed pursuant to this chapter. All provisions of this chapter relating to payment shall apply to the services performed by the substituted engineer or surveyor.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.82, § 2, 1-13-87; Ord. No. NS-1203.124, § 14, 1213-16)

Sec. C12-27. - Affidavits and certificates on final maps.

The following affidavits and certificates, with acknowledgments where appropriate, shall appear on the final map:

(a)

Owner's certificate, with acknowledgments, consenting to the preparation and recording of the final map and to the dedication or offer to dedicate interest in real property for specified public purpose. Said certificate must be signed by all parties having any record title interest in the real property being subdivided, except as follows:

(1)

Neither a lien for state, County, municipal or local taxes, nor the special assessments, nor a trust interest under bond indentures, or mechanics' liens constitute a record title interest in land for the purpose of this chapter.

(2)

The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

(3)

Signatures of parties owning the following types of interest may be omitted if their names and the nature of their respective interests are stated on the final map:

a.

Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity or public utility. A procedure for omitting the signature of a public entity or public utility is set forth in Government Code § 66436.

b.

Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or latches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map.

c.

Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances.

(4)

In the event any street shown on a subdivision map is not offered for dedication, the owner's certificate may contain a statement to this effect.

If such statement appears on the map and if the map is approved by the Board, the use of any such street or streets by the public shall be permissive only.

(5)

An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such real property unless and only to the extent and intent to dedicate such facilities is expressly stated in the certificate.

(b)

Clerk's certificate—Board approval. The final map shall contain a certificate for execution by the clerk of each approving legislative body stating that the body approved the map and accepted or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

(c)

Engineer's or surveyor's certificate. Engineer's or surveyor's certificate shall give the date of the survey, state that the survey and final map were made by him or under his direction, and that the survey is true and complete in conformance with usual survey practice as shown.

The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date, but in no event later than 24 months after recording. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

(d)

Recorder's certificate. County Recorder's certificate stating the date at which the map was received for recording and that after having examined the map it was acceptable for recording. It shall also contain the recording date.

(e)

County Surveyor's certificate. County Surveyor's certificate stating:

(1)

He/she has examined the map.

(2)

The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof.

(3)

All provisions of this chapter and of all local ordinances applicable at the time of approval of the tentative map have been complied with.

(4)

He/she is satisfied that the map is substantially correct.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 15, 12-13-16)

Sec. C12-28. - County Surveyor's certification.

The County Surveyor shall complete and file with the Board his certificate within 20 days from the time the final map is submitted to him by the subdivider for approval, if all tentative map conditions and all requirements of this chapter are met.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-29—C12-32. - Reserved. Part 4. - Parcel Maps

Sec. C12-33. - Form and content of parcel maps.

The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, and shall show the location of streets and property lines bounding the property and shall conform

to all the following provisions:

(a)

It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(b)

The size of each sheet shall be 18 by 26 inches, minimum. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale and the information on the map shall be large enough to show all details clearly in order to allow for future microfilming and subsequent reproduction, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

(c)

Each parcel shall be numbered or otherwise designated.

(d)

The exterior boundary of the land included within the subdivision shall be indicated by a distinctive symbol suitable for microfilming without obliterating information on the map. The symbol shall be identified in the legend.

(e)

The map shall show the location of each parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be indicated, but need not be indicated as a matter of survey, but only by deed reference to the existing record boundaries of such remainder, if such remainder has a gross area of five acres or more.

(f)

In accordance with the provisions of this chapter, a certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map, shall be placed on the face of the map; except that with respect to the division of land into four or fewer parcels, when dedication or offers of dedication are not required, the certificate shall be signed and acknowledged by the owner only.

(g)

The parcel map shall define, delineate and designate all lots reserved for private purposes, all parcels offered for dedication for any purposes, public or private and any private streets or roads permitted under the provisions of the applicable tentative map approval conditions with all dimensions, boundaries and courses clearly shown and defined in every case. Sufficient linear, angular and radial data shall be shown to

readily determine the bearing and length of the boundaries of the subdivision and the parcels being created. Lengths, radius and central angle of all curves shall be shown.

(h)

All monuments and other evidence found and used to determine the boundaries of the subdivision shall be shown on the map.

(i)

City and/or county boundaries which cross or adjoin the subdivision shall be clearly designated.

(j)

The map shall identify the location and kind of survey monuments set or found in conjunction with the preparation of the map.

(k)

Easements and rights-of-way which affect the created parcels shall be noted on the map.

(l)

The survey monuments set or reset by the engineer or surveyor shall be in the same form, manner and standards as outlined in this chapter, Sections C12-26 through C12-28.

(m)

Any offers for dedications required as a tentative map condition shall be included as part of the owner's certificate.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.82, § 3, 1-13-87; Ord. No. NS-1203.124, § 16, 1213-16)

Sec. C12-34. - Survey basis for parcel map.

In all cases where a parcel map is required, such map shall be based either upon a field survey made in conformity with Land Surveyors Act, or be compiled from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map if the location of at least one of these boundary lines can be established from an existing monumented line.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-35. - Certificates.

The owner's certificate as outlined in Section C12-27(a) shall be placed on the parcel map including the following language: All off-site and on-site improvements not completed prior to recording of this map are covered under a standard land development agreement. In addition to the owner's certificate, the following shall appear on the parcel map:

(a)

Engineer's or surveyor's certificate. This map was prepared by me or under my direction (and was compiled from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act at the request of (name of person authorizing map) on (date) . I hereby state that the parcel map procedures of the County of Santa Clara have been complied with and that this parcel map conforms to the approved tentative map and the conditions of approval thereof which were required to be fulfilled prior to the filing of the parcel map.

(Signed) _____

R.C.E. (or L.S.) No. _____

(b)

Recorder's certificate. Filed this _____ date of ____, 19, at m. in Book _____ of _____, at page _____, at the request of ___________.

Signed _____ (County Recorder)

(c)

County Surveyor's certificate. This map conforms with the requirements of the Subdivision Map Act and this chapter.

_____ (Signed) _____ (date) (County Surveyor)

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-36—C12-39. - Reserved. ARTICLE 3. - PROCEDURE Part 1. - General

Sec. C12-40. - Applicability.

The procedure set forth in this article shall govern the processing, approval, conditional approval or disapproval and filing of tentative, final and parcel maps and the modification thereof.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-41. - Extension of time limits.

The time limits specified in this chapter for reporting and action on maps may be extended by mutual consent of the subdivider and the advisory agency or by the Board.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-42. - Application and processing fee.

Application and processing fees shall be established by the Board of Supervisors for lot line adjustments, certificates of compliance, reversions to acreage, lot mergers, extensions of time, tentative maps, final maps, and parcel maps. The prescribed fees, plus recording fees when applicable, must be paid when the application or document is filed with the appropriate agency, department, or office.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-300.791, § 5, 4-22-08; Ord. No. NS-1203.124, § 17, 1213-16)

Sec. C12-43. - Notice of hearings.

Whenever a public hearing is held pursuant to this chapter, notice of the time and place thereof, including a general description and the location of the proposed subdivision shall be given as follows:

(a)

Publication. Notice of said hearing shall be given by publication in a newspaper of general circulation printed and published within the County at least ten days prior to the date set for hearing.

(b)

Mailed notices. Postal card or mailed notices shall be mailed not less than ten days prior to the hearing to the owners of property within 300 feet of the exterior boundaries of the property involved in the application. Such notice shall be mailed to the last known name and address of such owners as shown upon the records of the County Assessor.

(Ord. No. NS-1203.35, § 4, 3-13-78;Ord. No. NS-1203.124, § 18, 12-13-16)

Sec. C12-44. - Urban lot splits.

(a)

Intent. The purpose of this section is to implement the urban lot split provisions of Government Code § 66411.7 and to provide property owners with an expedited process to split parcels within the urbanized areas of the County, so that the resulting two lots may be developed for residential uses and add to the housing stock. It is intended to regulate such land divisions to ensure that they do not significantly impact adjacent properties and do not diminish neighborhood character. This section and all other provisions of this Code are intended to be consistent with, and shall be interpreted in a manner consistent with, state law including, but not limited to, Government Code §§ 65852.21 and 66411.7, as those laws may be amended from time to time. If any provision of this Code is in conflict with state law, then those provisions shall be void to the limited extent necessary to avoid the conflict, and state law shall apply.

(b)

General Provisions. All urban lot splits shall comply with all of the following provisions:

(1)

A parcel may only be subdivided through an urban lot split one time to create two new parcels; the resulting parcels may not be further subdivided. Future property owners shall be informed of this restriction through a recorded deed notice approved by the County.

(2)

The parcel for which an urban lot split is proposed shall meet all of the following criteria:

a.

The parcel is an existing legal lot.

b.

The parcel was not established through a prior urban lot split.

c.

The parcel is in a single-family residential zone.

d.

The parcel is a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United State Census Bureau when the lot split is approved.

e.

The parcel does not contain prime farmland or farmland of statewide importance as designated on maps prepared by the California Department of Conservation, and is not zoned or designated for agricultural protection or preservation by a local ballot measure.

f.

The parcel does not contain wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

g.

The parcel is not located within a historic district, nor is the parcel or any resources thereon listed or designated as historic by the County, state, or federal government. Parcels located in a -h combining district are not eligible.

h.

The parcel is not in a high or very high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection unless the parcel will comply with fire hazard mitigation measures adopted pursuant to existing building standards or state fire mitigation measures applicable to the development.

i.

The parcel is not part of a hazardous waste site listed pursuant to Government Code § 65962.5 or designated by the Department of Toxic Substances Control pursuant to Health & Safety Code § 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

j.

The parcel is not within a special flood hazard area or regulatory floodway on any official maps published by the Federal Emergency Management Agency unless the parcel satisfies all applicable federal criteria in Government Code § 65913.4(a)(6)(G) and (H).

k.

The parcel is not identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Fish and Game Code § 2800 et seq.), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan; does not contain habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act (Fish and Game Code § 2050 et seq.), or the Native Plant Protection Act (Fish and Game Code § 1900 et seq.); and is not subject to a conservation easement.

l.

The proposed urban lot split would not require the demolition or alteration of any of the following types of housing as substantiated by an affidavit from the property owner(s):

i.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of moderate, low, or very low income.

ii.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

iii.

Housing that has been occupied by a tenant in the last three years before the application to subdivide is submitted.

iv.

The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Government Code § 7060 et seq. (eviction) to

withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

m.

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split. Future property owners shall be informed of this restriction through a recorded deed notice approved by the County.

(3)

Ministerial parcel map applications to establish an urban lot split shall be reviewed by all applicable County departments and other public agencies for conformance with applicable standards, including but not limited to the Subdivision Map Act, Government Code § 66410 et seq., without public hearing or discretionary review.

(4)

No off-site improvements or right-of-way dedications shall be required for an urban lot split. Easements granting access to the public right-of-way or for public utilities and services may be required.

(5)

Parcels created using an urban lot split shall be restricted to residential uses. Future property owners shall be informed of this restriction through a recorded deed notice approved by the County.

(6)

At least one owner of the property that is the subject of an application for an urban lot split shall sign an affidavit stating that the owner shall occupy one of the housing units as their principal residence for a minimum of three years from the date the urban lot split is approved. This requirement does not apply to property owned by a "community land trust" as defined in Revenue and Taxation Code § 402.1(a)(11)(C)(ii) or a "qualified nonprofit corporation" as described in Revenue & Taxation Code § 214.15.

(7)

Each resulting parcel shall demonstrate adequate access to a potable water supply and connection to sanitary sewer or determination of septic feasibility meeting all requirements of Sections B11-60 through B11-95 of this Code. Shared wells between dwelling units on different parcels are allowed. Shared onsite wastewater treatment systems (OWTS) serving multiple dwelling units on the same parcel are allowed, but OWTS are not allowed to serve multiple parcels. Pursuant to Section B11-60 of this Code, alternative OWTS are not allowed for subdivisions, including urban lot splits.

(8)

Notwithstanding any other provision in this Code, a proposed urban lot split may be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, on public health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

A "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(9)

No residential unit on a parcel created using an urban lot split shall be rented for a term shorter than 180 days. Future property owners shall be informed of this restriction through a recorded deed notice approved by the County.

(10)

Any parcel subdivided through an urban lot split, or any residential unit constructed on a parcel created using an urban lot split, shall be exempt from all of the inclusionary housing requirements in Section 4.20.130 of the Zoning Ordinance.

(11)

Whenever a Tentative Map application for an Urban Lot Split is received by the County, notice of the project including a general description and the location of the development shall be provided to the owners of property within 300 feet of the exterior boundaries of the property involved in the application. Such notice shall be mailed to the last known name and address of such owners as shown upon the records of the County Assessor.

(c)

Development Standards. All urban lot splits are required to comply with all of the following provisions:

(1)

The two resulting parcels shall be of approximately equal lot area and the smaller of the two shall be at least 40 percent of the lot area of the original parcel.

(2)

Each newly created parcel shall be no smaller than 1,200 square feet.

(3)

Each parcel shall abut a County maintained road or have legal access from private road(s) or easements.

(4)

Each parcel shall have a minimum road frontage of 50 feet except as allowed in Section C12-44(C)(5). If that much frontage is not available, one lot shall be configured as a flag lot with a minimum 15-foot-wide access lane from the road. The access lane shall be part of the rear lot and shall be adjacent to an interior property line.

(5)

If either of the resulting parcels would have a depth-to-width ratio greater than 3-to-1, a flag lot orientation is allowed regardless of available road frontage.

(6)

Existing flag lots shall be divided so that the resulting lots do not exceed a 3-to-1 depth-to-width ratio, and each lot shall demonstrate access to a public road.

(7)

Driveway access to all new dwelling units shall be compliant with County standard details and specifications for driveways and turnarounds.

(Ord. No. NS-1203.128, § 2, 2-7-23)

Secs. C12-45—C12-49. - Reserved.

Part 2. - Tentative Maps

Sec. C12-50. - Filing tentative maps.

Tentative maps shall be filed with the Planning Office, including the original or an acceptable reproducible copy, and such additional copies as required.

(Ord. No. 1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 19, 12-13-16)

Sec. C12-51. - Effective time of filing.

The effective time of filing a tentative map shall be construed to be the time at which the Planning Office formally determines the application is complete by written notification to the applicant. Prior to the formal completeness determination, the map received shall be examined to determine if it is complete, in full compliance with this chapter, as to form and content. If the tentative map application is incomplete, the Planning Office shall notify the applicant in writing within 30 calendar days from the day the application was originally submitted as to those parts which are incomplete and what must be done to complete the application. In the case of any tentative map which requires compliance with the California Environmental Quality Act, no application shall be deemed filed, and the time periods specified in the Subdivision Map Act for action on the tentative map shall not commence, until the decision-maker certifies the environmental impact report, adopts a negative declaration, or determines the tentative map is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.

(Ord. No. NS-1203.124, § 20, 12-13-16)

Part 3. - Distribution and Reports

Sec. C12-52. - Generally.

(a)

Upon the filing of a tentative map, the Planning Office shall distribute the appropriate number of copies of the tentative map and appropriate application information to various County departments and agencies,

and to any other public agencies, as determined by the Planning Office. The referral departments and agencies shall submit a written report to the Planning Office, listing the conditions that should be imposed or the specific and detailed reasons why the application is incomplete and/or tentative map should be denied, all within the time limits established by the County.

(b)

Subsequent to referral of the tentative map and application information to the required County departments and agencies, any modification of the application initiated by the applicant shall be subject to the payment of a fee in an amount prescribed by resolution of the Board of Supervisors. In the event that the applicant submits a request to modify the application, the Planning Office may require that the application be resubmitted. The required resubmission of an application shall not affect the effective time of filing defined in Section C12-51; provided, that a modification adding land or changing the subdivision from four or fewer parcels to five or more parcels or from five or more parcels to four or fewer parcels shall be deemed to be filed on the date on which the resubmitted application is accepted as complete by written notification to the applicant.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.48, § 1, 2-25-80; Ord. No. NS-1203.124, § 21, 1213-16)

Sec. C12-53. - Agency reviews.

(a)

Consumer and Environmental Protection Agency. Upon receipt of the tentative map, the County Consumer and Environmental Protection Agency shall review the proposed sewage disposal and the domestic water system, and existing and projected noise sources for compliance with the County Noise Element of the General Plan and the County Noise Ordinance, and any other pertinent aspects of the application related to County policies and regulations related to environmental health.

(b)

Fire Marshal. Upon receipt of the tentative map, any agency responsible for providing fire protection to the proposed subdivision, or the County Fire Marshal, or both, shall review the project with respect to requirements relating to fire protection and emergency access.

(c)

Land development engineering and surveying. Upon receipt of the tentative map, the County Surveyor and/or land development engineering shall review the proposed subdivision with respect to surveying existing and proposed rights-of-way and easements, drainage, existing and proposed street patterns, traffic circulation, structural and geometric design, curves and grades of streets, erosion control, sewers, grading, geology, underground utilities and street lighting and compatibility of existing and proposed street names on final maps or parcel maps.

(d)

Planning. Upon receipt of the tentative map, the County Planning Office shall review the proposed subdivision with respect to the General Plan, specific plans, official plan lines, off-street parking, tree planting and preservation, lot design, and conformance with the Zoning Ordinance and any other applicable plans, policies or guidelines.

(e)

Roads and Airports Department. Upon receipt of the tentative map, the Roads and Airports Department shall review the proposed subdivision with respect to County-maintained street rights-of-way and improvements, and related traffic circulation, storm drainage, traffic safety, structural and geometric design, curves and grades of streets, erosion control, plantings, underground utilities and street lighting. Dedication and improvement requirements will be in compliance with the "Future Width Line Study" by Ruth and Going, subject to future amendments and revisions or superseding plans, policies and standards. The department shall make a written report to the Planning Office stating the conditions that must be met for the subdivision to meet the requirements of this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 22, 12-13-16)

Sec. C12-54. - Santa Clara Valley Water District.

Upon receipt of the tentative map, the Santa Clara Valley Water District shall investigate the effect of the proposed subdivision upon flood-control channels, water pipeline transmission facilities or projects, or any other matter that is pertinent to the mission and regulatory authority of the district, and shall make a written report to the Planning Office stating whether the tentative map conforms with the prescribed standards of the district and whether or not any substantial flooding hazard will be created in or result from the proposed subdivision. The district shall recommend to the County conditions to be met by the subdivider relative to flood-control channels, projects, permits, minimum lot elevations, right-of-way requirements, and applicable provisions of this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 23, 12-13-16)

Sec. C12-55. - Reserved.

Editor's note— Sec. 24 of Ord. No. NS-1203.124, adopted Dec. 13, 2016, deleted § C12-55, which pertained to the Transportation Agency and derived from Ord. No. 1203.35, adopted Mar. 13, 1978.

Sec. C12-56. - Notice to school districts.

Pursuant to the Subdivision Map Act, within five days of the filing of a tentative map application being deemed complete, the Planning Office shall send notice of the application to the governing board of any school district within the boundaries of which the subdivision is proposed to be located. The notice shall identify information about the location of the proposed subdivision, the number of dwelling units, density, and any other information which would be relevant to the affected school district. Such notice shall notify any such school board that it may, within 15 days after receiving the notice, send a written report to the Planning Office indicating the impact of the proposed subdivision on the affected school district and making such recommendations as the governing board deems appropriate.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 25, 12-13-16)

Sec. C12-57. - Reserved. Sec. C12-58. - Review by State.

(a)

The State Department of Transportation may file with the Planning Office a map or an amended map of any territory within one mile on either or both sides of any state highway in which territory it believes the subdivision would have an effect upon an existing state highway or a future state highway, the route of which has been adopted by the California Highway Commission. The County shall issue a receipt for the territorial map and thereafter shall transmit to the appropriate district office of the Department of Transportation within three days after the receipt thereof, one copy of each tentative map of any subdivision located wholly or partly within the territory outlined on the territorial map.

(b)

The Department of Transportation, upon receiving a copy of the map may, within 15 days after receipt thereof, make recommendations to the County in connection therewith regarding the effect of the proposed subdivision upon such highway or highway route.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 26, 12-13-16)

Sec. C12-59. - Reserved.

Editor's note— Sec. 27 of Ord. No. NS-1203.124, adopted Dec. 13, 2016, deleted § C12-59 which pertained to review by Intergovernmental Management Office, and derived from Ord. No. NS-1203.35, adopted Mar. 13, 1978.

Part 4. - Vesting Tentative Maps[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Section 2 of Ord. No. NS-1203.78, adopted May 13, 1986, amended Pt. 4 to read as set out in §§ C12-60—C12-65. Formerly, the substantive provisions of Pt. 4 were entitled "Environmental Reviews" and consisted of a single § C12-64, "Environmental impact," derived from Ord. No. NS-1203.35, § 4, adopted Mar. 13, 1978.

Sec. C12-60. - Application.

(a)

This part shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Santa Clara County Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed in accordance with the provisions of this part.

(b)

If a subdivider does not seek the rights conferred by a vesting tentative map, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(Ord. No. NS-1203.78, § 2, 5-13-86)

Sec. C12-61. - Filing and processing.

An application for a vesting tentative map shall be filed in the same form with the same fees, accompanying data and reports and shall be processed in the same manner as is provided for a tentative map except that at the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

(Ord. No. NS-1203.78, § 2, 5-13-86)

Sec. C12-62. - Expiration of vesting tentative maps.

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this chapter for the expiration of the approval or conditional approval of a tentative map.

(Ord. No. NS-1203.78, § 2, 5-13-86)

Sec. C12-63. - Vesting on approval of vesting tentative map.

(a)

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code § 66474.2.

However, if Government Code § 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

(b)

Notwithstanding Subsection (a), a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:

(1)

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

(2)

The condition or denial is required, in order to comply with state or federal law.

(c)

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section C12-62. If the final map is approved, these rights shall last for the following periods of time:

(1)

An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is filed with the County Recorder.

(2)

The initial time period set forth in (c)(1) shall be automatically extended by any time used for processing a complete application for conditional grading approval or for design or architectural review, if such processing exceeds 30 days, from the date a complete application is filed.

(3)

A subdivider may apply for a one-year extension at any time before the initial time period set forth in (c)(1) expires. A request for such an extension shall be by letter to the Land Development Coordinator accompanied by a fee in an amount established by resolution or ordinance by the Board of Supervisors. Such requests shall be processed in the same manner as extensions of time for tentative maps.

(4)

If the subdivider submits a complete application for a building permit during the periods of time specified in Subdivisions (1)—(3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Ord. No. NS-1203.78, § 2, 5-13-86)

Sec. C12-64. - Modification of approved vesting tentative maps.

At any time prior to the expiration of a vesting tentative map, the subdivider may apply for a modification of the vesting tentative map. The application shall be processed in the same manner as a modification of a tentative map. A modification of a vesting tentative map shall not affect the vesting period.

(Ord. No. NS-1203.78, § 2, 5-13-86)

Sec. C12-65. - Inconsistency with zoning; conditional approval.

(a)

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at that time, that inconsistency shall be noted on the map. Such a vesting tentative map may be denied or approved conditioned upon the subdivider, or his or her designee, obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If the change in the Zoning Ordinance is obtained, the approved or conditionally approved vesting tentative map

shall, notwithstanding Section C12-63(a), confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved.

(b)

The rights conferred by this section shall be for the time periods set forth in Section C12-63(c).

(Ord. No. NS-1203.78, § 2, 5-13-86)

Secs. C12-66—C12-69. - Reserved.

Part 5. - Processing; Appeals; Time Limits

Sec. C12-70. - Tentative map for five or more parcels; processing and action.

(a)

A tentative map shall be required for all subdivisions for which a final map or parcel map is required by California Government Code § 66426, and shall be processed through the Planning Office. The Planning Office shall prepare a written consolidated report on the proposed tentative map citing the conditions recommended from referrals and transmit said report and the proposed map to the secretary of the Planning Commission for action by the Planning Commission at a public hearing pursuant to this chapter. The subdivider shall be provided a copy of the written report at least three days prior to the hearing date.

(b)

The Planning Commission shall approve, conditionally approve, or disapprove the tentative map together with proposed findings in support of its action within 50 days, or within such additional time mutually agreed upon by the Planning Commission and subdivider, after certification of the environmental impact report, adoption of a negative declaration, or a determination by the Planning Commission that the tentative map is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. The secretary of the Planning Commission shall report its action to the subdivider.

(c)

Any action by the Planning Commission with respect to the tentative map may be appealed to the Board of Supervisors by the subdivider, any tenant of the subject property or any other interested person adversely affected by the action. The appeal must be filed within ten days after such action with the Clerk of the Board of Supervisors and the hearing shall be noticed and conducted in accordance with the provisions of the Subdivision Map Act.

(d)

If the Planning Commission fails to act upon a tentative map for five or more parcels within the specified time limits or any mutually agreed upon extension thereof, insofar as it complies with the applicable requirements of the Subdivision Map Act and this chapter, the tentative map shall be deemed approved and it shall be the duty of the Clerk of the Board to certify such approval.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 2, 7-2-79; Ord. No. NS-1203.124, § 28, 12-1316)

Sec. C12-71. - Appeal of condition of Santa Clara Valley Water District.

Appeals pertaining to a flood control dedication shall be filed at the Central Permit Office within 15 days after action is taken on the tentative map. The appeal shall be referred to the board of directors of the water district for review and recommendation to the appeal body (whether Planning Commission or Board of Supervisors, or both) as provided in this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-72. - Reserved.

Editor's note— Sec. 29 of Ord. No. NS-1203.124, adopted Dec. 13, 2016, deleted § C12-72, which pertained to the action of tentative maps for five or more parcels by the Board of Supervisors, and derived from Ord. No. NS-12.03.35, adopted Mar. 13, 1978.

Sec. C12-73. - Tentative map for four or fewer parcels; processing and action.

(a)

A tentative map shall be required for all subdivisions creating four or fewer parcels and shall be processed through the Planning Office. The Planning Office shall prepare a written consolidated preliminary report citing the conditions recommended from referrals and recommending approval, conditional approval, or disapproval of the tentative map and transmit said report and the proposed map to the Zoning Administrator for action at a public hearing pursuant to this chapter. The subdivider shall be provided a copy of the written report at least three days prior to the hearing date.

(b)

The Zoning Administrator shall approve, conditionally approve, or disapprove the tentative map together with proposed findings in support of its action within 50 days, or within such additional time as is mutually agreed upon by the Zoning Administrator and the subdivider, after certification of the environmental impact report, adoption of a negative declaration, or a determination by the Zoning Administrator that the tentative map is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. The Zoning Administrator shall report his or her action to the subdivider.

(c)

Any action by the Zoning Administrator with respect to the tentative map may be appealed to the Planning Commission by the subdivider, any tenant of the subject property or any other interested person adversely affected by the action. The appeal must be filed within ten days after such action with the secretary of the Planning Commission and the hearing shall be noticed and conducted in accordance with the provisions of the Subdivision Map Act.

(d)

Any action by the Planning Commission with respect to the tentative map may be appealed to the Board of Supervisors by the subdivider, any tenant of the subject property or any other interested person adversely affected by the action. The appeal must be filed within ten days after such action with the Clerk of the

Board of Supervisors and the hearing shall be noticed and conducted in accordance with the provisions of the Subdivision Map Act.

(e)

If the Zoning Administrator fails to act upon a tentative map for four or fewer parcels within the specified time limits or any mutually agreed upon extension thereof, insofar as it complies with the applicable requirements of the Subdivision Map Act and this chapter, shall be deemed to be approved and it shall be the duty of the Clerk of the Board to certify such approval.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 4, 7-2-79; Ord. No. NS-1203.124, § 30, 12-1316)

Sec. C12-74. - Reserved.

Editor's note— Sec. 31 of Ord. No. NS-1203.124, adopted Dec. 13, 2016, deleted § C12-74, which pertained to the action on tentative maps for four or less parcels by the Board of Supervisors, and derived from Ord. No. NS-1203.35, adopted Mar. 13, 1978.

Sec. C12-75. - Appeal of condition of Santa Clara Valley Water District.

The procedure for such an appeal shall be as outlined in Section C12-71.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-76. - Reserved.

Editor's note— Ord. No. NS-1209.45, § 6, adopted July 2, 1979, specifically amended the Code by repealing § C12-76, which pertained to appeals from actions of the Planning Commission. Said section had been derived from Ord. No. NS-1203.35, § 4, adopted March 13, 1978.

Sec. C12-77. - Expiration of tentative maps.

(a)

An approved or conditionally approved tentative map shall expire three years after its approval or conditional approval, unless otherwise automatically extended by provisions of the Subdivision Map Act, Government Code § 66410 et seq., or other state law.

(b)

The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map. Time limits established herein are designed to carry out the policy of the Subdivision Map Act and County policy to provide for periodic review of development proposals in the light of changed conditions such as changes in the law, new court decisions, changed County standards or policies, and any revisions or pending revisions of the County General Plan or Zoning Ordinance.

(c)

Tentative maps that require offsite improvements at a greater or equal expense than provided for in Government Code § 66452.6(a)(1) shall receive a four-year extension beyond the expiration date set forth in subsection (a) of this section. No expiration date for a tentative map shall be extended beyond ten years from itsoriginal approval or conditional approval date; however, if the property is subject to a development agreement authorized by Government Code § 65864 et seq., the expiration date may be extended for the period of time provided in the agreement but no longer than the duration of the agreement.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.53, § 1, 9-8-80; Ord. No. NS-1203.108, § 1, 10-599; Ord. No. NS-1203.128, § 3, 2-7-23)

Sec. C12-78. - Reserved.

Sec. C12-79. - Extension of time to file final or parcel maps.

(a)

Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the original approving authority may grant an extension of time for periods not exceeding a total of six years, provided, however, that no single application for extension hereunder shall be granted for a period exceeding 30 months.

(b)

Requests for time extensions for all subdivision tentative map approvals shall include a letter describing the circumstances necessitating the additional time, a master application form, and the appropriate filing fee as established by the Board of Supervisors. Such requests shall be processed in the same manner as the original tentative map.

(c)

Prior to the expiration of an approved or conditionally approved tentative map, upon the application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved or denied, whichever occurs first.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 7, 7-2-79; Ord. No. NS-1203.48, § 2, 2-5-80; Ord. No. NS-1203.56, § 1, 5-26-81; Ord. No. NS-1203.108, § 1, 10-5-99; Ord. No. NS-1203.124, § 32, 1213-16)

Sec. C12-80. - Modification of approved tentative maps.

Upon written application of the subdivider to the Planning Office, modification of an approved or conditionally approved tentative map may be considered and made by the original approving authority. An application for modification shall be accompanied by a fee in an amount prescribed by resolution of the Board of Supervisors.

(Ord. No. NS-1203.48, § 3, 2-25-80; Ord. No. NS-1203.124, § 33, 12-13-16)

Secs. C12-81, C12-82. - Reserved. Part 6. - Final Maps

Sec. C12-83. - General.

After the approval or conditional approval of the tentative map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the approved or conditionally approved tentative map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-84. - Filing map.

A final map conforming to the approved or conditionally approved tentative map, if any, shall be filed with the County Surveyor prior to the expiration of the tentative map, after all required certificates on such map have been signed, and where necessary, acknowledged.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-85. - Time for filing.

In order that the final map may be adequately checked and scheduled for final approval by the Board prior to the expiration date of the tentative map, it shall be filed with the County Surveyor not less than nine weeks prior to said expiration date. All conditions imposed by this chapter and the tentative map approval, which in any way may inhibit the checking of said map, shall be met prior to its submittal. All conditions imposed by this chapter and the tentative map approval shall be met within four weeks of the tentative map expiration date.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-86. - Filing map with both city and County.

If the subdivision lies partially within a city and the unincorporated territory, the map shall be filed with both the city and the County, and each shall act thereon.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-87. - Board action on final map.

(a)

Board action on final map. The Board shall, within a period of ten days after the final map is filed with its Clerk, or at its next regular meeting after the meeting at which it receives the map, whichever is later, approve the map if it conforms to all the requirements of this chapter, applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or if it does not so conform, disapprove the map.

(b)

Failure of Board to act. If the Board does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved, and the Clerk of the Board shall certify its approval thereon.

(Ord. No. NS-203.35, § 4, 3-13-78)

Sec. C12-88. - Subdivider agreement for improvements.

If, at the time of approval of the final map by the Board, any public improvements required by the County have not been completed and accepted, the Board, as a condition precedent to the approval of the final map, shall require the subdivider to enter into an agreement with the County to thereafter complete such improvements at the subdivider's expense pursuant to this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-89. - Staying of the tentative map.

This provision shall apply only one time, at the time of the initial complete submittal to the County Surveyor's office for map and plan check if:

(1)

An extension of time has been granted in accordance with Section C12-79.

(2)

The filing is in accordance with the provisions of Section C12-85, or is in the County Surveyor's office at the time of adoption of this section, or is submitted to the County Surveyor's office within nine weeks after the adoption of this section.

(3)

The County Surveyor shall determine if there has been a complete submittal in accordance with these provisions and all other applicable regulations.

In all cases which meet these requirements, the time remaining prior to expiration on the tentative map shall be stayed until the County Surveyor has had an opportunity to check the map and plans in the accordance with applicable procedures. Once the County Surveyor has completed his map and plan check, the remaining time left on the map immediately recommences to run.

(Ord. No. NS-1203.97, § 2, 4-18-89)

Secs. C12-90—C12-92. - Reserved. Part 7. - Parcel Maps

Sec. C12-93. - Parcel maps generally.

The procedure for processing, approval, conditional approval or disapproval and filing of parcel maps and modifications thereof, shall be as provided herein.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-94. - Filing map.

After the approval or conditional approval of the tentative map, the subdivider may cause a parcel map to be prepared in accordance with the requirements of this chapter and any applicable conditions of the tentative map. Said parcel map shall be filed with the County Surveyor not less than three weeks prior to the expiration of the tentative map. The parcel map shall meet all conditions of this chapter and the tentative map approval, and shall contain all required certificates, appropriately signed and acknowledged, where necessary, prior to filing the map with the County Surveyor. Final approval of parcel maps is vested in the County Surveyor.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-95. - Staying of the tentative map.

This provision shall apply only one time, at the time of the initial complete submittal to the County Surveyor's office for map and plan check if:

(1)

An extension of time has been granted in accordance with Section C12-79.

(2)

The filing is in accordance with the provisions of Section C12-94, or is in the County Surveyor's office at the time of adoption of this section, or is submitted to the County Surveyor's office within three weeks after the adoption of this section.

(3)

The County Surveyor shall determine if there has been a complete submittal in accordance with these provisions and all other applicable regulations.

In all cases which meet these requirements, the time remaining prior to expiration on the tentative map shall be stayed until the County Surveyor has had an opportunity to check the map and plans in the accordance with applicable procedures. Once the County Surveyor has completed his map and plan check, the remaining time left on the map immediately recommences to run.

(Ord. No. NS-1203.97, § 3, 4-18-89)

Secs. C12-96—C12-99. - Reserved.

Part 8. - Filing Maps With County Recorder

Sec. C12-100. - Final map.

When all security required under the provisions of this chapter to secure the payment of taxes and assessments which are a lien on some part of a subdivision of five or more parcels, but which are due but not yet payable, have been deposited with the Clerk of the Board and approved by said Board, the Clerk of the Board shall certify that such deposits have been made and shall transmit the map to the Recorder.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-101. - Parcel map.

After approval of a parcel map by the County Surveyor, he shall transmit the map to the Recorder.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-102. - Final proof of ownership.

The subdivider shall present to the Recorder evidence that, at the time of the filing of the final or parcel map in the office of the Recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by this chapter as shown by the records in the office of the Recorder, otherwise the map shall not be filed.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-103. - Recording; time limit.

The Recorder shall have not more than ten days within which to examine a final or parcel map and either accept or reject it for filing.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-104. - Recorder's certificate; indexing.

If the Recorder accepts the map for filing, such acceptance shall be certified on the face thereof. The map shall be filed in a book of maps, or in such other manner as will assure that such maps will be kept together. The map shall become a part of the official records of the Recorder upon its acceptance by him for filing.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-105. - Preservation of maps; prints.

The original map shall be stored and maintained in a reproducible condition. The County Office of the Clerk-Recorder shall maintain for public reference a set of digital records and counter maps that are prints of the original maps and produce the original maps for comparison upon demand. Certified copies of recorded final maps and parcel maps are available through the Office of the Clerk Recorder, subject to a nominal fee.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 34, 12-13-16)

Sec. C12-106. - Recordation; constructive notice.

The filing for record of a final or parcel map by the Recorder shall automatically and finally determine the validity of such map and when recorded, shall impart constructive notice thereof.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-107—C12-109. - Reserved. Part 9. - Correction and Amendment of Maps

Sec. C12-110. - Method of correcting recorded maps.

After a final map or parcel map is filed in the office of the Recorder, it may be amended by a certificate of correction or an amending map in order:

(a)

To correct an error in any course or distance shown thereon;

(b)

To show any course or distance that was omitted therefrom;

(c)

To correct an error in the description of the real property shown on the map;

(d)

To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

(e)

To show the proper location or character of any monument which has been changed in location or character or originally was shown at the wrong location or incorrectly as to its character; or

(f)

To correct any other type of map error or omission as approved by the County Surveyor or city engineer, which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-111. - Authority to amend; map content.

The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amending map shall conform to the requirements of this chapter. The amending map or certificate of correction shall set forth in detail the corrections made and show the name of the present fee owners of the property affected by the correction or omission.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-112. - County Surveyor's certification.

The County Surveyor shall examine the amending map or certificate of correction and, if the only changes made are those set forth in this chapter, he shall certify to this fact on the amending map or certificate of

correction.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-113. - Recording.

The amending map or certificate of correction certified by the County Surveyor shall be filed in the office of the Recorder. Upon such filing, the Recorder shall index the names of the fee owners and the appropriate tract designation shown on the amending map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-114. - Modification of recorded maps.

Upon application of the subdivider or present owner of a subdivided property, a recorded final map, parcel map or conditions of approval of a recorded map may be modified by a certificate of correction or an amending map if the Board of Supervisors makes the following findings:

(1)

There are changes in circumstances which make any or all of the conditions of the map no longer appropriate or necessary.

(2)

The modifications do not impose any additional burden on the present fee owner of the property.

(3)

The modifications do not alter any right, title or interest in the real property reflected on the recorded map.

(4)

The map and conditions as modified conform to the provisions of Section C12-122. Requests for modification of a recorded map shall be filed in writing with the Planning Office. Requests shall be accompanied by a fee in an amount prescribed by resolution of the Board of Supervisors and shall be processed in the same manner as a tentative map. The Board of Supervisors shall confine their hearing to consideration of and action on the proposed modification.

(Ord. No. NS-1203.61, § 1, 3-9-82; Ord. No. NS-1203.124, § 35, 12-13-16)

Secs. C12-115—C12-119. - Reserved. ARTICLE 4. - REQUIREMENTS Part 1. - General

Sec. C12-120. - Compliance with this chapter.

The County shall disapprove a tentative map or a final subdivision map or parcel map for failure to meet or perform any of the requirements or conditions imposed by this chapter and the Subdivision Map Act; provided, that a final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map; and, provided further, that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The Board of Supervisors and County Surveyor may waive any technical and inadvertent error upon finding that such error does not materially affect the validity of the map.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 8, 7-2-79)

Sec. C12-121. - General Plan; area plan; zoning.

(a)

Compliance with General Plan. The Board of Supervisors shall not approve a tentative map unless it is found that the proposed subdivision, together with the provisions of its design and improvement, is consistent with the general plan required by Article 5 of Chapter 3 of Division 1 of Title 7 of the California Government Code (Government Code § 65300), or any specific plan adopted pursuant to Article 8 of Chapter 3 of Division 1 of Title 7 of the California Government Code (Government Code § 65450 et seq.).

(b)

Consistency with area plan. A proposed subdivision shall be consistent with the General Plan or a specific area plan where the County has officially adopted such a plan, and the proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in such a plan.

(c)

Compliance with zoning. All subdivisions shall comply with the County Zoning Ordinance.

(d)

Compliance with solar access requirements. A tentative map shall not be approved unless it is found that the proposed subdivision is consistent with the requirements of Part 9 of Article 4 of Chapter 1 of Division C12 of Title C of this Ordinance Code (commencing with Section C12-173), Solar Access for Subdivision Development.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 9, 7-2-79; Ord. No. NS-1203.51, 4-21-80)

Sec. C12-122. - Denial of approval; findings.

The Planning Commission, in the case of a tentative map for five or more parcels, or the Zoning

Administrator, in the case of a tentative map for four or fewer parcels, shall deny approval of a tentative subdivision map if it makes any of the following findings:

(a)

That the proposed map is not consistent with applicable general and specific plans.

(b)

That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

(c)

That the site is not physically suitable for the type of development.

(d)

That the site is not physically suitable for the proposed density of development.

(e)

That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

(f)

That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

(g)

That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. In this regard, the approval authority may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to determine that the public at large has acquired easements for access through, or use of property within, the proposed subdivision.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 10, 7-2-79; Ord. No. NS-1203.124, § 36, 1213-16)

Sec. C12-123. - Final map approval based on compliance with tentative maps.

The Board shall not deny approval of a final subdivision map for any of the reasons set forth in this chapter if a tentative map for the proposed subdivision was previously approved and if it finds that the map, as presented, is in substantial compliance with the previously approved tentative map.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 37, 12-13-16)

Sec. C12-124. - Parcel map approvals based on compliance with tentative maps.

The County Surveyor shall not deny approval of a parcel map for any of the reasons set forth in this chapter if a tentative map for the proposed subdivision was previously approved and if it is found that the map, as presented, is in substantial compliance with the previously approved tentative map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-125. - Land projects; approval; limitations.

The Board shall not approve a final map for any land project, as defined in Business and Professions Code § 11000.5, unless:

(a)

The County has adopted a specific plan covering the area proposed to be included within the land project.

(b)

The County finds that the proposed land project, together with the provisions for its design and improvement is consistent with the specific plan for the area.

This section shall apply to land projects for which tentative maps were approved on or after November 10, 1969.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-126. - Sanitary waste considerations.

The approval authority shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a

California Regional Water Quality Control Board, pursuant to Division 7 of the Water Code (Water Code § 13000 et seq.). In the event that the approval authority finds that the proposed waste discharge would result in or add to violation of requirements of the County, it may disapprove the tentative map or maps of the subdivision.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 11, 7-2-79; Ord. No. NS-1203.124, § 38, 1213-16)

Sec. C12-127. - Special flood hazard area requirements.

In approving any subdivision located within an area of special flood hazard, as identified in Section C12821 of this Code, the approving body shall determine that the subdivision complies with the standards set forth in Section C12-843 of this Code.

(Ord. No. NS-1100.51, § 3, 5-14-79; Ord. No. NS-1100.63, § 4, 7-27-82)

Secs. C12-128, C12-129. - Reserved. Part 2. - Dedication

Sec. C12-130. - General.

A tentative map condition of approval may require a subdivider to dedicate or irrevocably offer to dedicate real property within the subdivision for streets, alleys, including access rights and abutter's rights, flood control and drainage, public utility easements and other public easements.

(a)

All land shown on a final or parcel map intended for any public use shall be offered for dedication for public use, except such land which is intended and approved by County for the exclusive use of property owners in the subdivision. Dedications shall be in the form of easement, unless otherwise agreed to by the subdivider and the County. For land uses with a density of or equivalent to A, R1E, R1 and R2 and A1 residential use zoning districts, the street dedication shall be one-half of the planned right-of-way width not to exceed the amount needed for a curvilinear 30-foot half-street on the frontage of each lot or parcel. For all other land uses, the street dedication shall be one-half of the planned right-of-way width not to exceed the amount needed for a curvilinear 67-foot half street on the frontage of each lot or parcel. If the planned right-of-way width on any parcel exceeds the amount to be dedicated, appropriate additional setback may be required. Exceptions to the above requirements may be made in the following situations:

(1)

Where a proposed new half-street is to be maintained by the County, the minimum right-of-way dedication shall be 40 feet.

(2)

Where the street is developable on one side only (such as, but not limited to, a road adjacent to a stream, limited access highway or railroad) the dedication shall be in accordance with the right-of-way widths specified in the adopted standards referred to herein not to exceed 60 feet for density through R2 and 70 feet for all other land uses.

(b)

Local streets shall have a right-of-way width of 60 feet, except as otherwise provided in this chapter, or as allowed pursuant to the Standards and Policies Manual adopted by the Board. A cul-de-sac in residential districts may be approved with right-of-way widths of 56 feet. In subdivisions where each lot or parcel created is more than one acre, the right-of-way width may be altered depending upon terrain. Lesser widths may also be approved when sufficient evidence is presented to show that the above requirements are not practical.

(c)

The street design and right-of-way widths within and adjacent to every subdivision shall conform to the Circulation Element of the General Plan, adopted official plan lines, proposed plan lines of the County, adopted expressway and freeway routes, city plan lines when not in conflict with the County, and to the provisions of this chapter.

(d)

When the subdivision is traversed by or abuts flood-control facilities, as defined in Resolution No. 74-71 and Ordinance 74-1 of the Santa Clara Valley Water District, the subdivider may be required to dedicate in fee or in easement the required land for the flood-control facility to the Santa Clara Valley Water District as provided in document entitled "Policy and Guidelines for Dedication and Reservation of Lands Needed for Flood-Control Purposes," adopted by the district board of directors and the Santa Clara County Board of

Supervisors in 1973. When dedications are made in the form of easements, the easement deed shall specify that the land so dedicated shall be used solely for flood-control purposes and shall indicate the general nature of any improvements proposed to be installed. Such indication shall not be a limitation upon the district or to any improvement actually needed for flood-control purposes. Such irrevocable offers may be terminated as provided in this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.131, § 1, 10-8-24)

Sec. C12-131. - Bicycle paths, pedestrian paths.

A subdivider may be required to dedicate such additional land as necessary and feasible for bicycle paths and pedestrian paths for the residents of the subdivision.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-132. - Access rights; waiver.

Dedication of streets may include a waiver of direct access rights to any such street from any property shown on a final or parcel map as abutting thereon, and if the dedication is accepted, any such waiver shall become effective in accordance with its provisions.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-133. - Acceptance, rejection of dedication.

At the time the final map is approved, the Board shall also accept, accept subject to improvements, or reject any offer of dedication. Pursuant to the provisions of Section 66447 of the Subdivision Map Act, dedications or offers of dedications may be made either by certificate on the parcel map or by separate instrument. If dedications or offers of dedication are made by the owner's certificate on the parcel map, the County Surveyor shall be authorized to sign a certificate rejecting all dedications and offers of dedication to the County of Santa Clara. Easements not dedicated or offered for dedication to the County of Santa Clara shall be accepted on behalf of the public for the purpose set forth in the owners certificate. The form of the certificates on the map shall be approved by County Counsel.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-134. - Rejection of offer; later acceptance.

If at the time the final map or parcel map is approved, any streets, paths, alleys, or storm drainage or other easements are rejected, the offer of dedication shall remain open, and the Board may, by resolution at any later date, and without further action by the subdivider, rescind its action or an action of the County Surveyor and accept any streets, paths, alleys, or storm drainage or other easements for the purposes for which they were dedicated or offered. Such acceptance shall be recorded in the office of the Recorder. All easements that are dedicated or offered for dedication pursuant to this chapter shall be kept free of encumbrances that impair their intended use. No public agency shall have any liability or responsibility with respect to such easements until such time as the offer of dedication has been accepted by written resolution of the Board of Supervisors.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-135. - Waterfront access; acceptance; time limit.

In the case of any subdivision fronting upon any access route or routes from public highways to the bank of the waterway, river or stream and the public easement along a portion of the bank of the waterway, river or stream, the offer of dedication must be accepted within three years after the approval of the final map or parcel map; in the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency including the State, the offer of dedication of public access route or routes from public highways to any water of such lake or reservoir must be accepted within five years after the approval of the final map or parcel map; all other offers of dedication may be accepted at any time.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-136. - Termination of offers; abandonment; expiration of time.

Offers of dedication which are covered by this chapter may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by Part 3 of Division 9 of the Streets and Highways Code (Streets and Highways Code § 8300 et seq.), or by Chapter 2 of Division 2, of the Streets and Highways Code (Streets and Highways Code § 940 et seq.), whichever is applicable. Offers of dedication which are not accepted within the time limits specified in this chapter shall be deemed abandoned.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-137. - Effect of reversion or resubdivision on offers.

Except as provided in this chapter, if a resubdivision or reversion to acreage of a subdivision is subsequently filed for approval, any dedications or offers of dedication not shown on the map of the resubdivision or reversion to acreage shall be deemed to be terminated upon the approval of the map by the Board in case of a final map, or the County Surveyor in case of a parcel map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-138. - Time of acceptance.

Acceptance of offers of dedication on a final map or a parcel map shall not be effective until either the final map is recorded in the office of the Recorder, or a resolution of acceptance by the Board is recorded in such office.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-139—C12-142. - Reserved. Part 3. - Public Access to Public Resources

Sec. C12-143. - Public access to public resources.

It is essential to the health and well-being of the public that public access to public natural resources be increased and the Board intends to increase public access to public natural resources. Public access to public resources shall be provided as required by the Subdivision Map Act.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-144—C12-154. - Reserved. Part 4. - Fees

Sec. C12-155. - Filing fees.

Every applicant shall, at the time of filing a tentative map, lot line adjustment, reversion to acreage, lot merger, extension of time or certificate of compliance, pay to the County of Santa Clara a fee in an amount established by the Board of Supervisors.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.42, § 3, 1-8-79; Ord. No. NS-300.791, § 6, 4-22-08)

Sec. C12-156. - Reserved.

Editor's note— Ord. No. NS-1203.42, § 4, adopted Jan. 8, 1979, specifically amended the Code by repealing § C12-156, which pertained to a public health service fee. Said section had been derived from Ord. No. NS-1203.35, § 4, adopted March 13, 1978.

Sec. C12-157. - Construction inspection and plan check fee; partial refunds.

(a)

Every subdivider who is required to file an improvement plan with the County Surveyor shall pay a nonrefundable plan check fee in an amount prescribed by resolution of the Board of Supervisors to the County of Santa Clara prior to submitting the plans to the County Surveyor for review.

(b)

In situations where no plan is required (such as a single site with only a driveway connection to an access road or a County road) the minimum inspection fee shall be in an amount prescribed by resolution of the Board of Supervisors.

(c)

In situations where a private civil engineer is authorized to perform the inspection work (per this chapter), the fee to be paid to the County Surveyor's office shall be 40 percent of the amount of the plan check and inspection fees.

(d)

In the following situations the subdivider may request a partial refund of any inspection fee computed and paid after deducting the costs of soils or materials tests, and of inspection work performed by the County.

(1)

The subdivision is abandoned prior to recording the map or reverted to acreage after recording the map.

(2)

The subdivision is annexed to a city and the city completes the inspection work.

(3)

The subdivider within 30 days after construction acceptance by the County submits certified bids and/or other evidence satisfactory to the County Surveyor that the improvement costs were lower than the estimated costs used in computing the fee.

When the above requirements have been satisfied, the County Surveyor shall compute the amount of the refund and return it to the subdivider or his authorized agent.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.42, § 5, 1-8-79)

Sec. C12-158. - Final map and parcel map checking fee.

Every person who submits a final map or a parcel map for checking by the County Surveyor shall, prior to submitting said parcel map or final map, pay to the County a nonrefundable fee in an amount prescribed by resolution of the Board of Supervisors. A complete electronic computer printout sheet acceptable to the County Surveyor shall be submitted with the map.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.42, § 6, 1-8-79)

Sec. C12-159. - Recording fee.

The fee for filing and indexing maps is prescribed in California Government Code § 27372 and shall be paid by the subdivider.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-160. - Plan and map check by private entity; special checking fee.

(a)

At the time that the subdivider files a final map or parcel map, or improvement plans with the County Surveyor, the subdivider may request that the County Surveyor estimate the time required to check the map or plans based on the current workload and staffing level. If the subdivider desires faster processing of his or her map or plans, he or she may request that the County Surveyor contract or employ a private entity or persons on a temporary basis to perform the map and plan checking services. However, the County Surveyor need not enter into such a contract or employ such persons if he or she determines either that (1) no such entities or persons are available or qualified to perform such services, or (2) the County Surveyor's office would be able to perform services in a more rapid fashion than would any available and qualified persons or entities. Such entities or persons employed by the County Surveyor may, pursuant to an agreement with the County Surveyor, perform all functions necessary to check final and parcel maps and improvement plans and to comply with other requirements imposed pursuant to this chapter, except those functions reserved by this chapter to the County Surveyor or legislative body.

(b)

The subdivider shall pay a special checking fee in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section. The special checking fee is in addition to the standard map and plan check fees established in this part.

(Ord. No. NS-1203.99, § 1, 12-5-89)

Sec. C12-161. - Record of survey examination fee.

The fee for examination of a record of survey by the County Surveyor shall be a minimum fee of $600.00 plus a rate of $117.00 per hour for all staff time spent examining the record of survey that exceeds the $600.00 minimum fee.

(Ord. No. NS-1203.118, § 1, 5-11-10)

Sec. C12-162. - Reserved. Part 5. - Soils Report

Sec. C12-163. - Preliminary.

A preliminary soils report, prepared by a civil engineer, who is registered in the State of California and based upon adequate test borings and/or excavations, shall be required for every subdivision for which a final map or a parcel map is required by this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-164. - Waiver.

The preliminary soils report may be waived if the County Surveyor determines that due to the knowledge he has as to the qualities of the soils of the subdivision no preliminary analysis is necessary.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-165. - Further investigation.

(a)

If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a more detailed soils investigation of each lot in the subdivision may be required prior to approval of the final map or parcel map.

(b)

Such detailed soils investigation shall be done by a civil engineer, specializing in soils and foundation engineering, registered in California, who shall recommend procedures or establish structural design criteria which are likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-166. - Corrective action; approval.

The approval authority may approve the subdivision, or portion thereof, where such soils problems exist if it is determined that the recommended procedures or the use of the recommended structural design criteria are likely to prevent structural damage to each structure to be constructed.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 12, 7-2-79; Ord. No. NS-1203.124, § 39, 1213-16)

Part 6. - Geologic Reports

Sec. C12-167. - Generally.

The extent of site investigations and geologic reports shall be in compliance with the Santa Clara County Geologic Ordinance.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Part 7. - Noise Control

Sec. C12-168. - Generally.

Noise attenuation measures may be required with respect to existing and projected noise sources and associated noise levels in accordance with noise standards contained in the Santa Clara County Noise Element of the General Plan.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-169, C12-170. - Reserved. Part 8. - Taxes and Assessments

Sec. C12-171. - Controller's certification.

(a)

Prior to the filing of the final map with the Board of Supervisors, the subdivider shall file with the Clerk of the Board of Supervisors a certificate from the Controller, showing that, according to the records of such office, there are no liens against the subdivision or any part thereof for unpaid state, County, municipal or local taxes or special assessments collected as taxes or special assessments not yet payable.

(b)

As to taxes, or special assessments collected as taxes, which are a lien, but not yet payable, the subdivider shall file with the Clerk of the Board of Supervisors a certificate by the Controller giving the estimate of the amount of taxes and assessments which are a lien, but not yet payable.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-172. - Security; liens.

(a)

Security, taxes, and assessments. Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded until the owner or subdivider executes and files with the Clerk of the Board security conditioned upon the payment of all state, County, municipal and local taxes and current installment of principal and interest of all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable.

(b)

Amount of security. If the land being subdivided is a portion of a larger parcel shown on the last preceding tax roll as a unit, the security for payment of taxes need be only for such sum as may be determined by the County to be sufficient to pay the current and delinquent taxes on the land being subdivided, together with all accrued penalties and costs if such taxes have been or are allowed to become delinquent. The County shall also order the creation of new assessor's parcel numbers pursuant to Revenue and Taxation Code § 2823. Separate assessor's parcel numbers shall be given to the portion of the larger parcel which is not within the proposed subdivision and to the parcel or parcels which are within the proposed subdivision.

If the land being subdivided is sold for taxes, it may be redeemed for such sale without the redemption of the remainder of the larger parcel of which it is a part pursuant to the provisions of the Revenue and Taxation Code as if it were held in ownership separate from and other than the ownership of the remainder.

(c)

Payment of assessment bonds. Whenever land subject to a special assessment or bond which may be paid in full is divided by the line of a lot or parcel of the subdivision, such assessment or bond shall be paid in full, or security filed with the Clerk of the Board, payable to the County as trustee for the assessment bondholders for the payment of such special assessment or bond. This section shall not apply to bonds issued under the provisions of the Improvement Bond Act of 1915.

(d)

Delinquency; remedy. If the taxes or special assessments are allowed to become delinquent, the County shall recover from the security the principal sum of the security without proof of loss. The County shall apply the sum received in payment of any or all of such taxes or special assessments, including penalties and costs, if any, accruing thereto, to the proper state, County, municipal or district officers, for the satisfaction of the tax and special assessment liens and shall pay the balance, if any, over to the surety or depositor.

(e)

Delinquency; remedy. If the taxes or special assessments are allowed to become delinquent and the security consists of a deposit of money, negotiable bond or instrument of credit, the Clerk, subject to any rules of the Board with respect thereto, shall apply the proceeds thereof to the payment of such taxes and special assessments, including penalties and costs. Any excess proceeds shall be deposited in the County treasury for the benefit of the persons entitled thereto.

(Ord. No. NS-1203.35, § 4, 3-13-78)