Article 4 — ACKNOWLEDGMENT STATEMENT

Sec. C12-622. - General.

Where geologic hazard investigations conducted in association with a proposed land use indicate that development could pose a higher-than-normal risk, development may proceed only after all property owners sign a statement acknowledging the specific geologic hazards and accepting the associated risks and responsibilities. The acknowledgment statement shall contain the following:

a.

The names and signatures of all property owners, including holders of security interests.

b.

The street address(es) and assessors parcel number of the subject property.

c.

A map depicting the subject property signed and stamped by a licensed land surveyor or a registered engineer licensed to practice land surveying.

d.

A legal description of the subject property signed and stamped by a licensed land surveyor or a registered engineer licensed to practice land surveying.

e.

The title, date and author(s) of all geologic reports prepared or relied on for the proposed land use.

f.

A detailed description of the higher-than-normal geologic risks associated with the proposed development.

g.

The following statement: "The undersigned owners hereby acknowledge the geologic conditions identified in the referenced reports, agree to mitigate the hazards to the extent feasible, accept all risks associated with geologic hazards including any unidentified hazards, and agree to indemnify, defend, and hold harmless the County of Santa Clara and its officers, agents and employees from any claim, liability, loss,

injury or damage arising out of, or in connection with, any development activity or geologic hazards related to this property. This acknowledgment runs with the land and is binding on the undersigned and all of their successors, heirs and assigns."

(Ord. No. NS-1203.111, § 1, 3-19-02)

Sec. C12-623. - Expungement.

An acknowledgment statement may be expunged if subsequent geologic information indicates the geologic hazards no longer exist or have been sufficiently mitigated, and, after reviewing the information, the County Geologist concurs with this conclusion.

(Ord. No. NS-1203.111, § 1, 3-19-02)

ARTICLE 5. - WRITTEN STATEMENT OF DISCLOSURE

Sec. C12-624. - Seller disclosure to the buyer.

The seller of real property located partially or wholly within a County geologic hazard zone shall disclose in a written statement to the buyer that the property is located within such zone(s). State laws also require the disclosure of certain geologic hazards to potential buyers.

(Ord. No. NS-1203.111, § 1, 3-19-02)

Secs. C12-625—C12-699. - Reserved. CHAPTER V. - OFFICIAL PLAN LINES[[6]]

Footnotes:

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Note— See editor's footnote to division title.

Cross reference— Department of Planning and Development, § A33-10 et seq.

ARTICLE 1. - GENERALLY

Sec. C12-700. - Purpose and scope.

This chapter is enacted to protect and promote the public health, safety, peace, comfort or general welfare and to accomplish more particularly the following purposes:

(a)

To provide for the systematic execution of the Circulation Element of the General Plan of the County of Santa Clara, by designating the precise location of planned rights-of-way and limiting the location of buildings and other improvements with respect to planned rights-of-way;

(b)

To provide an authentic source of information as to the development of the County for residents and investors.

(Code 1954, § 12.2.1-1; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-701. - Citation.

This chapter, which is adopted pursuant to Title 7, Division 1, Chapter 3, Article 8 of the Government Code (Government Code § 65450 et seq.), shall be known and cited as the Official Plan Lines Ordinance of the County of Santa Clara.

(Code 1954, § 12.2.1-2; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-702. - Prohibition.

No building, structure or other improvement shall hereafter be erected, constructed, enlarged or placed within the official plan lines established by this chapter or amendments hereto, except that this provision shall not apply to garden and agricultural crop planting. All departments, officials and public employees of the County which are vested with the duty or authority to issue permits, licenses, or grant approval of the subdivision of land, shall conform to the provisions of this chapter and shall issue no such permit, license or approval for uses, buildings, structures, or subdivisions where the same would be in conflict with the provisions of this chapter and any such permit, license, or approval, if issued in conflict with the provisions of this chapter, shall be null and void.

(Code 1954, § 12.2.1-3; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-703. - Definitions.

The following definitions shall apply in the interpretation of this chapter:

(a)

Map: An illustration, including a drawing, aerial photograph, or photomap, accurately indicating the precise location of a planned right-of-way or portion thereof.

(b)

Official plan line: The boundaries and limits of a planned right-of-way, including the future right-of-way of an existing street as it is proposed to be widened and including all lands necessary for the building, widening or maintenance of any road, street, highway, or any other type of public way, which planned right-of-way is based on the General Plan of the County of Santa Clara.

(c)

Right-of-way: All or any part of the entire width of a road, street, or highway easement whether or not such entire area is actually used for road, street or highway purposes.

(Code 1954, § 12.2.1-4; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

ARTICLE 2. - DESIGNATION OF OFFICIAL PLAN LINES

Sec. C12-704. - Incorporation of maps into chapter.

Official plan lines shall be clearly delineated on maps which, together with all data and information indicated thereon, shall upon adoption by the Planning Commission and the Board of Supervisors be made a part of this chapter and be incorporated herein under Article 3 of this chapter.

(Code 1954, § 12.2.2-1; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-705. - Map identification and certification.

Each map adopted pursuant to the provisions of this chapter shall be designated "Official Plan Lines of (here shall be inserted the name of the street or highway) between (here shall be inserted the names of the streets or other appropriate places which identify the ends of the particular official plan lines) ." Each map shall have the following certificates which may either be placed directly on the map or attached to it:

I hereby certify that this map (or, the map attached hereto), consisting of _____ sheets constitute a precise plan based on the Circulation Element of the General Plan of the County of Santa Clara, which precise plan was recommended for adoption by Resolution No. _____ of the County of Santa Clara Planning Commission on ________.

_____ Secretary of the Planning Commission

I hereby certify that this map (or, the map attached hereto), consisting of _____ sheets, a portion of Section C12-266 of the Santa Clara County Ordinance Code, which portion was adopted as Ordinance No. _____

by the County of Santa Clara Board of Supervisors on ________.

_____ Clerk of the Board of Supervisors

(Code 1954, § 12.2.2-2; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS1203.23, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-706. - Filing of maps.

The Clerk of the Board of Supervisors shall cause a certified copy of each map adopted pursuant to this chapter and amendments thereto, together with all data and information indicated thereon, to be filed with the Recorder in the office of the Clerk and Recorder.

(Code 1954, § 12.2.2-3; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1204.1, § 1, 8-1-60; Ord. No. NS1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

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ARTICLE 3. - MAPS

Sec. C12-707. - Maps of lines adopted; streets enumerated.

This article consists of maps which are incorporated by reference in this Code, covering the following streets:

(Code 1954, §§ 12.8.3-1—12.8.3.35; Ord. Nos. NS-1204M.1—NS-1204M.36; Ord. No. NS-1204, § 2, 4-1860; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1204.8.37, § 1, 3-22-72; Ord. No. NS-1203.35, § 10, 3-13-78)

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