Santa Clara County Municipal Code Part 5 Processing; Appeals; Time Limits

(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, 12-13-16)

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)

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.

(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, 12-13-16)

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.

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

(Ord. No. NS-1203.35, § 4, 3-13-78)

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.

(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, 10-5-99; Ord. No. NS-1203.128, § 3, 2-7-23)

(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, 12-13-16)

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)