Santa Clara County Municipal Code Part 1 General Provisions

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)

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, 9-16-80; Ord. No. NS-1203.57, § 1, 7-7-81; Ord. No. NS-1203.60, § 1, 3-2-80; Ord. No. NS-1203.79, § 2, 6-17-86; Ord. No. NS-1200.27, § 6, 11-17-96; Ord. No. NS-1200.318, § 26, 3-28-06)

(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)

(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)

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)

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)

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)

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)