Santa Clara County Municipal Code Part 1 General

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)

(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)

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, 12-13-16)

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)

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)

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)

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, 12-13-16)

In approving any subdivision located within an area of special flood hazard, as identified in Section C12-821 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)