Santa Clara County Municipal Code Part 2 Dedication

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)

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)

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)

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)

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)

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)

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)

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)

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)