Article II — Definitions and Responsibilities

(a) "Alley"

means any public thoroughfare, other than a street, that affords only a secondary means of access to abutting property at the rear or sides thereof.

(b) "Block"

means the area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.

(c) "Building Official"

means the Building Official or his/her designee.

(d) "City Attorney"

means the City Attorney or his/her designee.

(e) "City Engineer"

means the City Engineer or his/her designee.

(f) "City Manager"

means the City Manager or his/her designee.

• (g) "Common interest development (Condominium)"

means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property.

(h) "Conversion"

means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings.

(i) "Design"

means descriptions, drawings, plans, specifications or any other depictions, including but not limited to the following:

• (1) Street alignments, grades and widths;

• (2) Drainage and sanitary facilities and utilities, including alignments and grades;

• (3) Location and size of all required easements and rights-of-way;

• (4) Lot size and configuration;

• (5) Vehicular and pedestrian access;

• (6) Grading;

• (7) Land to be dedicated for park or recreational purposes; and

• (8) Other specific requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan.

(j) "Development"

means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of and construction on the land.

(k) "Director of Planning"

means the Director of Planning and Inspection or his/her designee.

(l) "Environmental Impact Report (EIR)"

means a detailed statement under the California Environmental Quality Act (CEQA) describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The contents of the EIR are described in Article 9, Section 15120 of the State CEQA Guidelines and the City's CEQA Guidelines.

(m) "Final map"

means a map showing a subdivision for which a tentative and final map are required by the Subdivision Map Act or this chapter, prepared in accordance with the provisions of this chapter and the Subdivision Map Act designed to be recorded in the office of the County Recorder. This may also be referred to as a "tract map."

(n) "General Plan"

means the General Plan of the City, and any amendments or revisions.

(o) "Improvement"

means any streets, storm drainage facilities, utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map. Any other specific improvements or type of improvements, the installation of which, either by, or by a combination of, the subdivider, public agencies, private utilities, or any other entity approved by the City, is necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan.

Improvements shall be constructed in accordance with the City of Santa Clara Street Standards, Standard Specifications and Plans and/or, when applicable, with standards as adopted by local utility companies and approved by the City Engineer.

(p) "Lot"

means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision, parcel, or record of survey map or by metes and bounds, for purpose of sale, lease or separate use.

(q) "Lot line adjustment"

means a minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created, as approved by the City Engineer or authorized representative, and where each of the lots shall meet the minimum requirements of the Zoning Ordinance and the Uniform Building Code.

(r) "Merger"

means the joining of two or more contiguous parcels of land under one ownership into one parcel.

(s) "Minor subdivision"

means a subdivision of four or fewer parcels except a subdivision of five or more condominiums as defined in Section 1351(f) of the California Civil Code or for the conversion of a dwelling to stock cooperative containing five or more dwelling units.

(t) "Parcel map"

means a map showing a minor subdivision of land of four or fewer parcels as required by this ordinance, prepared in accordance with the provisions of this chapter and the Subdivision Map Act. This may also be referred to as a Final Parcel Map.

(u) "Peripheral street"

means an existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.

(v) "Remainder"

means that portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development.

(w) "Subdivider"

means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision or a minor subdivision for himself/herself or for others. Employees and consultants of such persons or entities, acting in that capacity, are not "subdividers."

(x) "Subdivision"

means the division, by any subdivider, of any unit or units of improved or unimproved contiguous land shown on the latest equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future, other than a minor subdivision. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights of way. "Subdivision" includes a condominium project, as defined herein or in Section 1350 of the Civil Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of existing dwelling units to a stock cooperative, as defined in Section 1003.2 of the Business and Professions Code. "Subdivision" includes any division of land by gift or inheritance (probate). Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for conveyance to that public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.

(y) "Subdivision Map Act (SMA)"

means State of California Government Code Sections 66410 to 66499 .

(z) "Tentative map"

• means a map made for the purpose of showing the design and improvements of a proposed subdivision, other than a minor subdivision, and the existing conditions in and around it. The term "tentative map" may include a vesting tentative map, a subdivision map and a vesting subdivision map.

(aa) "Vesting tentative map"

means a map that meets the requirements of a tentative map and Article VIII, and has the words "vesting tentative map" printed on it. The vesting tentative map conveys development rights for subdivisions according to Article VIII.

(bb) "Zoning Ordinance"

means SCCC Title 18, or any ordinance enacted under zoning law. (Ord. 1780 § 3, 4-8-2003)

• (a) City Attorney. The City Attorney shall be responsible for approving as to form all property development agreements, subdivision improvement agreements and/or public improvement agreements.

• (b) City Manager. Pursuant to the authority granted by Section 802(a) of the Santa Clara City Charter, the City Manager shall designate the following positions: Director of Planning and

Inspection, City Engineer, and Building Official. Further, the City Manager shall be responsible for executing all property development agreements, subdivision improvement agreements and/or public improvement agreements.

• (c) City Council. The City Council shall have final jurisdiction in the approval of tentative and final maps, tentative parcel maps and improvement agreements, and the acceptance by the City of lands and/or improvements as may be proposed for dedication to the City for subdivisions of five or more parcels. Notwithstanding the foregoing, the City Engineer shall have approval authority over lot splits pursuant to SCCC § 17.05.430 and § 18.13.050.

The City Council shall act as the appeal board for hearing appeals of the approval, conditional approval or denial of tentative subdivision maps for subdivisions of five or more parcels.

• (d) City Engineer. The City Engineer shall be responsible for:

  • (1) Establishing design and construction details, standards and specifications;

  • (2) Determining if proposed subdivision improvements comply with the provisions of this chapter and the Subdivision Map Act and for reporting the findings together with any recommendations for approval, or conditional approval, of the tentative map to the Director of Planning and Inspection;

  • (3) The processing of final maps, parcel maps, reversion to acreage maps and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers, lot splits pursuant to SCCC § 17.05.430 and § 18.13.050, and certificates of compliance;

  • (4) Examining and stating that final maps and parcel maps are in substantial conformance with the approved tentative map;

  • (5) The inspection, approval and acceptance of subdivision improvements;

  • (6) The acceptance of dedications and improvements for subdivisions of four or fewer parcels.

• (e) Director of Community Development. The Director of Community Development shall be responsible for:

  • (1) The processing of tentative subdivision and tentative parcel maps, and for the collection of all required planning fees.

  • (2) The recording of a notice of completion of private subdivision improvements when not to be maintained by the City.

• (f) Project Clearance Committee. The Project Clearance Committee shall be responsible for the review of tentative maps for subdivisions of five or more parcels or units for compliance with City ordinances and regulations and determining the practicability of the proposal with respect to the provision of City services, and for providing suitable conditions of approval to the Planning Commission and the City Council.

ce Committee. The Project Clearance Committee shall be responsible for the review of tentative maps for subdivisions of five or more parcels or units for compliance with City ordinances and regulations and determining the practicability of the proposal with respect to the provision of City services, and for providing suitable conditions of approval to the Planning Commission and the City Council.

• (g) Planning Commission. The Planning Commission shall be responsible for making recommendations for approval, conditional approval, or denial of the tentative map for subdivisions of five or more lots or units and reporting its recommendations to the City Council; and hearing of appeals for minor subdivisions of four or fewer parcels.

• (h) Subdivision Committee. The Subdivision Committee shall be responsible for making recommendations for approval, conditional approval or denial of tentative parcel maps for four or fewer parcels and review of lot line adjustments.

• (i) Director of Community Development. The Director of Community Development shall be responsible for investigating proposed subdivisions for conformity to the General Plan, specific plans and Zoning Ordinance of the City, and reporting findings together with recommendations

for approval or conditional approval to the Planning Commission and City Council for subdivisions of five or more parcels.

(Ord. 1780 § 3, 4-8-2003; Ord. 2049 § 1, 8-16-2022)