Chapter 17.05
SUBDIVISIONS

Sections:

Article I. General Provisions

17.05.010  Citation and authority.

17.05.020  Purpose.

17.05.030  Application.

17.05.040  Exceptions.

17.05.050  Interpretation.

17.05.060  Severability.

Article II. Definitions and Responsibilities

17.05.100  Definitions.

17.05.110  Responsibilities.

Article III. Maps Required

17.05.200  General.

17.05.210  Division of land – Five or more parcels.

17.05.220  Division of land – Four or fewer parcels (minor subdivisions).

17.05.230  Fees and deposits.

Article IV. Subdivision of Five or More Parcels

17.05.300  Tentative maps.

17.05.310  Final maps.

Article V. Subdivision of Four or Fewer Parcels (Minor Subdivisions)

17.05.400  Tentative parcel map.

17.05.410  Parcel maps.

Article VI. Dedications and Reservations

17.05.500  Dedication of streets, alleys and other public rights-of-way or easements.

Article VII. Subdivision Improvements

17.05.600  General.

17.05.610  Improvements required.

17.05.620  Deferred improvement agreements.

17.05.630  Design.

17.05.640  Access.

17.05.650  Public improvement agreement.

17.05.660  Improvement security.

Article VIII. Vesting Tentative Maps

17.05.700  Vesting tentative maps.

17.05.710  Procedures.

17.05.720  Vesting of development rights.

Article IX. Penalties

17.05.800  Violation a misdemeanor.

Article I. General Provisions

17.05.010 Citation and authority.

This chapter is adopted to supplement and implement the Subdivision Map Act, Section 66410 et seq., of the Government Code and may be cited as the Subdivision Ordinance of the City of Santa Clara. (Ord. 1780 § 3, 4-8-03).

17.05.020 Purpose.

It is the purpose of this chapter to regulate and control the division of land within the City of Santa Clara and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions; the form and content of all maps provided for by the Subdivision Map Act; and the procedure to be followed in securing all official approvals by the City. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote open space, conservation, protection and proper use of land, and to ensure provision for adequate traffic circulation, utilities and services. (Ord. 1780 § 3, 4-8-03).

17.05.030 Application.

The regulations set forth in this chapter shall apply to all parts of subdivisions within the City of Santa Clara and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act. Each subdivision and each part thereof lying within the City shall be made and each map shall be prepared and presented for approval as provided for and required by this chapter. (Ord. 1780 § 3, 4-8-03).

17.05.040 Exceptions.

This chapter shall not apply to:

(a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.

(b) Mineral, oil or gas leases.

(c) Land dedicated for cemetery purposes under the State Health and Safety Code.

(d) A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel; and where a greater number of parcels than originally existed is not created, the lot line adjustment is approved by the City Engineer.

(e) Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code for community apartment or cooperative housing projects.

(f) The conversion of a community apartment project or a stock cooperative to a condominium if the requirements of Sections 66412(g) and (h) of the Subdivision Map Act are met.

(g) The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances regulating design and improvements.

(h) The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

(i) The construction, financing or leasing of second family residential units (commonly referred to as "accessory units") according to the provisions of SCCC Title 18, Zoning.

(j) Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.

(k) Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind powered electrical generation device which is subject to discretionary action by the City. (Ord. 1780 § 3, 4-8-03).

17.05.050 Interpretation.

None of the provisions in this Subdivision Ordinance or in any other ordinance or resolution of the City or in any rule or regulation promulgated pursuant thereto, whether preexisting, existing or in the future are intended to create or to be construed to create an imposition of civil liability on the City, its Council, officers or employees while acting in accordance with such provisions. (Ord. 1780 § 3, 4-8-03).

17.05.060 Severability.

The sections, paragraphs, sentences, clauses and phrases of this Subdivision Ordinance are severable. If any phrase, clause, sentence, paragraph or section of this Subdivision Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Subdivision Ordinance. (Ord. 1780 § 3, 4-8-03).

Article II. Definitions and Responsibilities

17.05.100 Definitions.

(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, 4-8-03).

17.05.110 Responsibilities.

(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.

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, 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 Planning and Inspection. The Director of Planning and Inspection 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.

(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 Planning and Inspection. The Director of Planning and Inspection 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, 4-8-03).

Article III. Maps Required

17.05.200 General.

The necessity for preliminary, tentative or vesting tentative, final, tentative parcel and parcel maps shall be governed by the provisions of this chapter. (Ord. 1780 § 3, 4-8-03).

17.05.210 Division of land – Five or more parcels.

A tentative or vesting tentative and final subdivision map shall be required for all divisions of land when determined by the Director of Planning and Inspection that such land may be divided into five or more parcels, five or more condominiums as defined in Section 1351(f) of the California Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

(a) 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 legislative body; or

(b) Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or

(c) 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 governing body as to street alignments and widths; or

(d) Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter (1/4) of a quarter (1/4) section.

A parcel map shall be required for these subdivisions described in subsections (a), (b), (c) and (d) of this section. (Ord. 1780 § 3, 4-8-03).

17.05.220 Division of land – Four or fewer parcels (minor subdivisions).

A tentative parcel map and parcel map shall be required for all divisions of land into four or fewer parcels, except that such maps shall not be required for:

(a) Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the Public Utilities Code, which are created by short-term leases terminable by either party on not more than thirty (30) days notice in writing.

(b) Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to the public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. The foregoing exemption shall only apply if, prior to the conveyance, the owner of the subject land complies with this section. The owner shall submit an application for exemption in the form and with such information as is required by the City Engineer. Upon receipt of a complete application by the City Engineer, the City Engineer shall either determine that the exemption applies, determine that the exemption applies subject to conditions or determine that public policy necessitates a parcel map. In making this determination, the City Engineer shall consider any written materials submitted by the applicant or any interested party. The City Engineer shall notify the applicant of the determination in writing. If the City Engineer determines that a parcel map is necessary, the applicant shall not subdivide the subject land without obtaining City approval of a parcel map pursuant to this chapter. Notwithstanding the foregoing, a tentative map and parcel map for a division of land into four or fewer parcels shall not be required for the dedication of land to a governmental agency, public entity or public utility which is required by the City as a condition of approval of a development project.

(c) Lot line adjustments, provided:

(1) No additional parcels or building sites have been created;

(2) The adjustment does not create the potential to further divide any of the parcels into more parcels than would have been otherwise possible;

(3) There are no resulting violations of any City ordinance;

(4) Adjustment involves four or fewer adjoining parcels. (Ord. 1780 § 3, 4-8-03).

17.05.230 Fees and deposits.

All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by any City resolution or ordinance establishing fees and charges. (Ord. 1780 § 3, 4-8-03).

Article IV. Subdivision of Five or More Parcels

17.05.300 Tentative maps.

(a) General. The form and contents, submittal and approval of a tentative map for subdivisions of five or more parcels shall be governed by the provisions of this section.

(b) Form and Contents. The tentative map shall be prepared in a manner acceptable to the Department of Planning and Inspection and shall be prepared by a registered civil engineer and/or licensed land surveyor.

The tentative map shall be clearly and legibly drawn on a single twenty-four inch by thirty-six inch (24'' x 36'') sheet and contain not less than the following:

(1) A title that shall contain the subdivision number, subdivision name and type of subdivision.

(2) Name and address of legal owner, subdivider and person preparing the map, including registration or license number.

(3) Sufficient legal description to define the boundary of the proposed subdivision.

(4) Date, north arrow, scale, contour interval, and source and date of existing contours.

(5) Existing and proposed land uses and zoning districts.

(6) A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads and other data sufficient to locate the proposed subdivision and show its relation to the community.

(7) Existing topography of the proposed site and at least one hundred (100) feet beyond its boundary, including but not limited to:

(A) Topographical contours at an interval adequate to determine the drainage pattern of the area;

(B) Approximate location of all areas subject to inundation or storm overflow; of all areas covered by water; and the location width and the direction of flow for all watercourses and areas subject to overflow by tidal waters;

(C) The location, pavement and right-of-way width, grade and name of existing streets or highways;

(D) The widths, location and identity of all existing public and private easements and/or rights-of-way;

(E) The location and size of existing sanitary sewers, fire hydrants, water mains and storm drains and the location of fire hydrants. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets, fire hydrants and streetlights.

(8) Proposed improvements to be shown shall include but not be limited to:

(A) The location, grade, centerline radius and arc length of curves, pavement, right-of-way width, and name of all streets. Typical sections of all streets shall be shown. Proposed private streets shall be so indicated;

(B) The location and radius of all curb returns and cul-de-sacs;

(C) The location, width and purpose of all easements;

(D) The angle of intersecting streets if such angle deviates from a right angle by more than four degrees;

(E) The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut-and-fill slopes to scale, and the number of each lot;

(F) Proposed recreation sites, trails and parks for private or public use;

(G) Proposed common areas and areas to be dedicated to public open space;

(H) The location and size of sanitary sewers, water mains and storm drains and the location of fire hydrants. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated.

(9) The name or names of any geologist, soils engineer whose services were required in the preparation of the design of the tentative map.

(10) All lettering size shall be one-tenth (1/10th) inch minimum or typed print of legible size.

(11) If the subdivider plans to develop the site in units, the proposed units and their proposed sequence of construction shall be shown.

(c) The Department of Planning and Inspection may waive any of the above tentative map requirements if the location and nature of the proposed subdivision or existing documentation demonstrate that a waiver is justified. The Department of Planning and Inspection may require other drawings, data or information as deemed necessary in order to determine the application complete.

(d) Accompanying Data and Reports. The tentative map shall be accompanied by the following data or reports:

(1) Street Names. A list of potential street names for any unnamed street or alley. The Department of Planning and Inspection may submit the list to the Historical and Landmarks Commission for comment and recommendations. Those comments and recommendations may be included in the staff report to the Planning Commission.

(2) Soils Report. The City Engineer or Building Official may require the preparation of a preliminary soils report. If a preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, could lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The City Engineer or Building Official may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory.

The preliminary soils report may be waived if the City Engineer or Building Official determines that, due to knowledge of the soil qualities in the subdivision, no preliminary analysis is necessary.

(3) Title Report. A preliminary title report, showing the legal owners at the time of filing the tentative map.

(4) Engineering Geology and/or Seismic Safety Report. If the subdivision lies within a "medium-risk" or "high-risk" geologic hazard area, as shown on maps on file in the Department of Planning and Inspection, a preliminary engineering geology and/or seismic safety report, prepared in accordance with guidelines established by the Department of Planning and Inspection. If the preliminary engineering geology and/or seismic safety report indicates the presence of geologic hazards or seismic hazards which, if not corrected, would lead to structural defects, an engineering geology and/or seismic safety report shall accompany the final map and shall contain an investigation of each lot within the subdivision.

(5) Environmental Assessment. The subdivider shall provide additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

(6) Other Reports. Any other data or reports deemed necessary by the Department of Planning and Inspection.

Subsections (a), (c) and (d) of this section shall not apply to condominium conversions.

(e) Submittal to Department of Planning and Inspection. The tentative map shall be considered for filing only when the map conforms to subsection (b) of this section and when all accompanying data or reports, as required by subsection (d) of this section, have been submitted and accepted by the Planning Division of the Department of Planning and Inspection.

(1) The subdivider shall file with the Department of Planning and Inspection the number of tentative maps the Director may deem necessary.

(2) Determination of Complete Application. The Project Clearance Committee shall determine whether the application is complete within thirty (30) days after receipt of the application and shall notify the applicant of its determination in writing. The application shall be determined as complete on the date written minutes of the Project Clearance Committee, showing a complete application, is prepared by the Planning Division and mailed to the developer.

(f) Project Clearance Committee Review. Upon determination of a complete application, the Project Clearance Committee shall advise the applicant in writing of any comments it desires to make and any changes in the proposed plan it deems appropriate as a result of its preliminary review, and forward any conditions of approval to the Planning Commission.

(g) Planning Commission Review. The Planning Commission shall review each complete application and shall make recommendations of denial, approval or conditional approval to the City Council.

(h) City Council Action.

(1) The City Council shall approve, conditionally approve or deny the tentative map and shall report its decision to the subdivider within fifty (50) days after certification of an environmental impact report, adoption of a negative declaration or a determination by the City that the project is exempt from the requirements of the California Environmental Quality Act.

(2) The approval, conditional approval, or denial shall be based on the ordinances, policies, and standards in effect on the date of notification to the developer of the determination that the application is complete according to subsection (e) of this section. If the City has initiated formal proceedings and published notice of an ordinance or resolution amending ordinances, policies, and standards applicable to the developer's project prior to a complete application, the amended ordinances, policies, and standards in effect on the date of tentative map approval shall apply. If the developer requests changes in applicable ordinances, policies, and standards, and if they are adopted, the changes shall apply.

(3) If no action is taken by the City Council within the time limit as specified, and all other State and City requirements have been met, including but not limited to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) the tentative map application shall be deemed to be approved by the City Council if it complies with other applicable provisions of the Subdivision Map Act, this chapter, other City ordinances and the General Plan, and it shall be the duty of the City Clerk to certify the approval. The appeal period shall begin on the date of such certification.

(4) Approval.

(A) The City Council may approve or conditionally approve the tentative map, if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan adopted by the City of Santa Clara and all applicable provisions of this Code and if the tentative map provides, to the extent feasible, for future passive or natural heating or cooling opportunities.

(B) The City Council may modify or delete any of the conditions of approval recommended in the Planning Commission and/or Department of Planning and Inspection report, except conditions required by City ordinance or by the City Engineer, related to public health and safety or to standards approved by the City Engineer. The City Council may add additional requirements as a condition of its approval.

(C) Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach, set aside, void or annul an approval of the City Council, Planning Commission, Project Clearance Committee or City staff concerning a subdivision. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense.

(5) Denial. The tentative map may be denied by the City Council on any of the grounds provided by this code or the Subdivision Map Act.

The City Council shall deny approval of the tentative map if it makes any of the following findings:

(A) That the proposed map is not consistent with the General Plan, any applicable specific plans, or any applicable provision of this code;

(B) That the design or improvement of the proposed subdivision is not consistent with the General Plan or any applicable 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) Notwithstanding the foregoing, the City Council may approve such a tentative map if an environmental impact report was prepared with respect to the project and a finding is made pursuant to Section 21081(c) of the Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures and project alternatives identified in the environmental impact report;

(G) That the design of the subdivision or the type of improvements are likely to cause serious public health problems;

(H) 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 connection, the City Council 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 subsection 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 the City Council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision;

(I) That the land is subject to a contract under the Williamson Act and that the resulting parcels following the subdivision would be too small to sustain their agricultural use, subject to the exceptions listed in Section 66474(b) of the Subdivision Map Act.

(i) Expirations and Extensions.

(1) Expiration.

(A) The approval or conditional approval of a tentative map shall expire twenty-four (24) months after the date of approval by the City Council. However, the expiration date shall be extended in accordance with Section 66452.6(a) of the Subdivision Map Act if the filing of multiple final maps is authorized by SCCC 17.05.310(b) and if the subdivider is required to provide off-site improvements in the amounts specified in Section 66452.6(a) of the Subdivision Map Act. An extension to the expiration date may be approved as provided in subsection (i)(2) of this section.

(B) The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6(b) of the Subdivision Map Act.

(C) The period of time specified above shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the City Council. Within ten days of the service of the initial petition or complaint upon the City, the subdivider shall, in writing, to the Director of Planning and Inspection, request a stay in the time period of the tentative map. Within forty (40) days after receiving the request, the City Council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the City Council shall, within ten days, declare its findings.

(D) Expiration of an approved or conditionally approved tentative or vesting tentative map shall terminate all proceedings and no final or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map.

(E) If the signed final map and agreement have been delivered to the City Engineer prior to the expiration of the tentative map, processing, approval and recording may occur after the expiration date of the tentative map.

(2) Extensions.

(A) Request by Subdivider. The subdivider or the engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Department of Planning and Inspection prior to expiration of the map. The map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.

(B) Planning Commission Action. The Director of Planning and Inspection shall review the request and submit the application for the extension to the Project Clearance Committee for compliance with current codes and regulations and ordinances, and for suitable changes to the originally recommended conditions of approval. The request shall then be set for review by the Planning Commission, whose recommendation on the extension, together with a report, shall be forwarded to the City Council for approval, conditional approval or denial at a regularly scheduled City Council meeting. A copy of the Director of Planning and Inspection's report shall be forwarded to the subdivider prior to the City Council meeting on the extension. The resolution adopted by the City Council approving or conditionally approving an extension shall specify the new expiration date of the tentative map.

(C) Time Limit of Extension. The expiration date may be extended pursuant to this section for a period or periods totaling no more than three years.

(D) Conditions of Approval. As a condition of the extension of a tentative map, the City Council may impose new conditions or revise existing conditions on the approved tentative map as recommended by the Department of Planning and Inspection in its report or as it may find necessary.

(E) Fee. The fee for processing an extension application shall be at actual cost. A deposit to be applied toward this fee may be required.

(j) Amendments to Approved Tentative Map. Minor changes in the tentative map may be approved by the Department of Planning and Inspection and the City Engineer upon application by the subdivider or on its own initiative, provided:

(1) The change will not result in a greater than five percent (5%) increase in the number of lots, units or building sites;

(2) Such changes are consistent with the intent and spirit of the original tentative map approval; and

(3) There are no resulting violations of the Santa Clara City Code.

Any such minor amendment shall be approved by the Director of Planning and Inspection and the City Engineer. The amendment shall be indicated on the approved map and signed by the Director of Planning and Inspection and the City Engineer.

(k) Amendments of the tentative map, which the Department of Planning and Inspection determines are not minor, shall be presented to the Planning Commission for recommendation. Processing shall be in accordance with subsections (e) and (f) of this section. Any approved amendment shall not alter the expiration date of the tentative map. (Ord. 1780 § 3, 4-8-03).

17.05.310 Final maps.

General. The form, contents, accompanying data and filing of the final map shall conform to the provisions of this article.

(a) The final map shall be prepared by or under the direction of a properly licensed civil engineer or licensed land surveyor.

(b) Submittal by Units. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map is filed, informs the Director of Planning and Inspection in writing of the subdivider's intention to file multiple final maps on the tentative map. In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps. The City Council shall approve the sequence of map approvals. After filing of the tentative map, the Director of Planning and Inspection and the subdivider shall concur in the filing of multiple final maps.

(c) The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, or the approved or conditionally approved tentative map shall have a separate subdivision number. The public improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.

(d) Survey Required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed one ten-thousandth (1/10,000th) for field closures and one twenty-thousandth (1/20,000th) for calculated closures.

(e) At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the City Engineer.

(f) Form. The form of the final map shall conform to the Subdivision Map Act and as follows:

(1) The final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester-base film. Statements, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester-base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(2) The size of each sheet shall be eighteen inches by twenty-six inches (18'' x 26''). A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than one foot equals one hundred (100) feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet shall be included.

(3) All printing or lettering on the map shall be of one-tenth (1/10th) inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings unless otherwise approved by the City Engineer.

(4) The final form of the final map shall be as approved by the City Engineer.

(g) Contents. The contents of the final map shall conform to the Subdivision Map Act and as follows:

(1) Boundary. The boundary of the subdivision shall be designated by a distinctive border line in such a manner as not to obliterate figures or other data.

(2) Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or other by references acceptable to the City Engineer. The following words shall appear in the title, "City of Santa Clara, Santa Clara County."

(3) Statements. The following statements shall appear only once on the cover sheet.

(A) Owner's Statement. A statement, signed and acknowledged by all parties having record title interest in the land subdivided, consenting to the preparation and recordation of the map and offering for dedication to the public certain specific parcels of land or easements. Exceptions are those parties having rights-of-way, easements or interests, which cannot ripen into a fee, or as provided in Section 66436 of the Subdivision Map Act.

(B) Trustee's Statement. A statement, signed and acknowledged by any trustees of record at the time of City Council approval of the final map, consenting to the recording of the map and any offers of dedications.

(C) Engineer's Statement. A statement by the engineer or surveyor responsible for the survey and final map shall appear on the map. The statement shall give the date of the survey, state that the survey and final map were made by or under the direction of the engineer or surveyor, and that the survey is true and complete as shown. The statement shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The statement shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. The statement shall state that the map complies with the Subdivision Map Act and the provisions of this chapter.

(D) Statement of Soils and Geologic Report. When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, and the name of the engineer making the soils report and geologist making the geologic report.

(E) City Engineer's Statement. A statement by the City Engineer stating the map has been examined and that it is in accord with the tentative map and any approved alterations thereof, complies with the Subdivision Map Act of the state and the provisions of this chapter, and is technically correct.

(F) City Clerk's Statement. A statement for execution by the City Clerk stating the date of approval by the City Council approving the final map and stating that the City Council accepted, subject to improvement or rejected on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

(G) County Recorder's Statement. A statement to be executed by the County Recorder stating that the map has been accepted for recording. The statement shall show who requested the recording of the map, the time and date the map was recorded, and the book and page where the map was recorded.

(4) Scale, North Point and Basis of Bearings. There must appear on each map sheet the scale, the north point, and the basis of bearings. The basis of bearings shall be approved by the City Engineer.

(5) Linear, Angular and Radial Data. Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, radius and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

(6) Monuments. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at or on City Engineer approved offsets from the following locations:

(A) The intersection of street centerlines;

(B) Beginning and end of curves or intersection of tangents on centerlines;

(C) At other locations as may be required by the City Engineer.

(7) Lot Numbers. Lot numbers shall begin with the number one in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands under the same ownership are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final map, unless approved by the City Engineer.

(8) Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map showing such subdivision, and if no such subdivision is adjacent, then by the name of the owner, and reference to the recorded deed by book page number for the last recorded owner of such adjacent property.

(9) City Boundaries. City boundaries that cross or join the subdivision shall be clearly designated.

(10) Street Names. The names of all streets, alleys or highways within or adjoining the subdivision shall be shown.

(11) Easements. Easements for roads or streets, paths, storm water drainage, sanitary sewers, or other public use as may be required, shall be dedicated to the public for acceptance by the City or other public agency, and the use shall be specified on the map.

(A) All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's document number and date, or book and page of official records.

(B) Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

(C) The sidelines of all easements of record shall be shown to scale by dashed lines on the final map with the widths and lengths of record.

(h) Additional Information. The City Engineer or Director of Planning and Inspection may require additional information to be recorded simultaneously with the final map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of the recording, 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. Whenever additional information is made by separate document, there shall appear on the final map a reference to the separately recorded document. This reference shall be completed by the County Recorder according to Section 66468.1 of the Subdivision Map Act.

(i) Submittal for City Approval.

(1) Preliminary Submittal. The subdivider shall submit prints of the final map to the City Engineer for checking. The preliminary prints shall be accompanied by the following data, plans, reports and documents in a form as approved by the City Engineer.

(A) Improvement Plans. Improvement plans as directed by the City Engineer.

(B) Soils Report. A soils report prepared as directed by the City Engineer.

(C) Title Report. A title report showing the legal owners at the time of submittal of the final map.

(D) Public Improvement Agreement. In the event sewer water, drainage, grading, paving or other improvements required pursuant to SCCC 17.05.600 et seq. have not been completed prior to the presentation of the final map, an agreement in accordance with the requirements of SCCC 17.05.650 shall be filed for the improvement thereof. The subdivider shall secure the performance of the agreement in accordance with the requirements of SCCC 17.05.660.

(E) Deeds for Easements or Rights-of-Way. Deeds for public or private easements or rights-of-way. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of any sewer, water, electric and/or other facility.

(F) Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines.

(G) Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains, sewer, water and/or electric facility.

(H) Governing Documents. If required by the City, the submittal of the final map or parcel map for a common interest development within the meaning of Sections 1350 et seq. of the California Civil Code shall include the proposed declaration of covenants, conditions and restrictions containing the provisions described in Section 1353 of the Civil Code, and all other governing documents for the subdivision. The submittal of the final map or parcel map for all subdivisions other than a common interest development shall include any declaration of covenants, conditions and restrictions proposed in connection therewith. All documents shall be subject to review and approval by the Director of Planning and Inspection, City Engineer and City Attorney.

(I) Guarantee of Title. A guarantee of title, in a form acceptable to the City Engineer and City Attorney, shall be issued by a competent title company to and for the benefit and protection of the City and shall be continued complete up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents to the making thereof and affidavits of dedication where necessary.

(J) Flood Plain Information. Flood plain information including the amount of flooding that may occur during a one hundred (100) year flood, and mitigation measures necessary to protect the subdivision from flooding.

(K) Copies of the final map in approved electronic format as required by the City Engineer.

(L) Any additional data, reports or information as required by the City Engineer.

(2) Review by City Engineer. The City Engineer shall review the final map and the subdivider's engineer or surveyor shall make corrections and/or additions until the map is acceptable to the City Engineer.

(3) Approval by City Engineer. The subdivider's engineer or surveyor shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the statements on the map, to the City Engineer.

(4) The City Engineer and Director of Planning and Inspection shall sign the appropriate statements and transmit the original to the City Clerk. The City Clerk shall transmit the final map to the City Council at its next meeting.

(5) Approval by City Council. The City Council shall approve or disapprove the final map at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map. The City Council shall approve or disapprove the subdivision improvement agreement, if any, prior to approving or disapproving the final map. The City Council shall approve the subdivision improvement agreement and the final map if they conform with the approved or conditionally approved tentative map, the provisions of this code which were applicable at the time of approval or conditional approval of the tentative map and the provisions of the Subdivision Map Act.

(6) If the City Council approves the final map, it shall at the same time accept, accept subject to improvement, or reject any offer of dedication. The City Clerk shall certify on the final map the action by the City Council. If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities, or storm drainage easements are not accepted by the City Council, the offer of dedication shall remain open and the City Council may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities, or storm drainage easements, which acceptance shall be recorded in the office of the County Recorder.

(7) The City Council may accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the County Recorder. If the subdivision improvement agreement (if any) and final map are approved by the City Council, it shall instruct the City Manager to execute the agreement on behalf of the City. If the subdivision improvement agreement and/or final map are unacceptable, the Council shall make its recommended corrections, instruct the City Engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map have been resubmitted.

(8) The City Council shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction of off-site improvements on land which neither the subdivider or the City has sufficient title or interest to permit the improvements to be made.

(9) The City Council shall deny the final map if it finds that the final map is not in substantial compliance with the previously approved tentative map.

(10) Upon approval of the final map by the City Council, the City Clerk shall execute the appropriate statement on the map and forward the map, or have an authorized agent forward the map, to the County Recorder. If the subdivider dedicates property to the City, the City Clerk shall also prepare and forward for recording a certificate concerning the dedication as provided in Section 66477.5 of the Subdivision Map Act. (Ord. 1780 § 3, 4-8-03).

Article V. Subdivision of Four or Fewer Parcels (Minor Subdivisions)

17.05.400 Tentative parcel map.

(a) General. The form and contents, submittal and approval of tentative parcel maps for four or fewer parcels shall conform to the provisions of this article. The map shall be prepared by a registered civil engineer or licensed land surveyor.

(b) Form and Content, Accompanying Data and Reports. The tentative parcel map shall be prepared in a manner acceptable to the Department of Planning and Inspection by a registered civil engineer or licensed land surveyor. The form and contents shall comply and be consistent with the requirements of SCCC 17.05.300(b) and the accompanying data and reports shall comply and be consistent with SCCC 17.05.300(d). The Department of Planning and Inspection may require additional information or may waive any of these requirements if the location and nature of the proposed subdivision or existing documentation demonstrates that a waiver is justified.

(c) Subdivision Committee Review. The tentative parcel map application shall be filed with the Subdivision Committee for review in accordance with the provisions of SCCC 17.05.300(d) and (e)(2).

(d) Notice of Public Hearings. Upon completion of the review and upon receipt of a complete application for the tentative map, the City Clerk shall set the matter for public hearing. At least ten calendar days before the public hearing, a notice shall be given as provided in Government Code Sections 65090 and 65091. Such notice shall include the time, date and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved.

(1) The City shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject of the proposed application. In addition, in the case of a proposed conversion of residential real property to a condominium, community apartment or stock cooperative project, notice shall be given as required by Section 66451.3 of the Subdivision Map Act.

(2) In the event that the proposed subdivision has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, the City shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll.

(3) In addition, notice shall be given by first class mail to any person who has filed a written request with the secretary of the Planning Commission. A request may be submitted at any time during the calendar year and shall apply for the balance of a calendar year. The City may impose a reasonable fee on persons requesting notice for the purpose of recovering the cost of mailing.

(4) Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this article.

(5) The City Engineer may require that the public hearing be held by the Planning Commission when the proposed development arouses extraordinary public concern.

(e) Approval and/or Denial. In approving or conditionally approving the tentative map, the City Council shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with the General Plan and any applicable specific plans adopted by the City and all applicable provisions of this code and if the tentative map provides, to the extent feasible, for future passive or natural heating or cooling opportunities. Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach, set aside, void or annul an approval of the City Council, Planning Commission, Subdivision Committee or City staff concerning a subdivision. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense.

(f) The tentative parcel map may be denied for any reason provided by City ordinances, resolutions, or the Subdivision Map Act. The City Council shall deny approval of the tentative parcel map if any of the findings contained in SCCC 17.05.300(h)(5) are made.

(g) Expiration and Extensions.

(1) Expiration. The approval or conditional approval of the tentative parcel map shall expire twenty-four (24) months from the date of its approval by the City Council.

(A) The period of time specified shall not include any period of time during which a law suit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the City Council. Within ten days of the service of the initial petition or complaint upon the City, the subdivider shall, in writing, to the Director of Planning and Inspection, request a stay in the time period of the tentative map. Within forty (40) days after receiving such request, the City Council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the City Council shall, within ten days, declare its findings.

(B) The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66463.5 of the Subdivision Map Act.

(C) The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings and no parcel map of all or any portion of the real property included within the tentative parcel map shall be filed without first processing a new tentative parcel map.

(D) If the signed parcel map and agreement, if required, are submitted to the City Engineer prior to the expiration of the tentative map, approval, processing and recording may occur after the expiration date of the tentative map.

(2) Extensions.

(A) Request by Subdivider. The subdivider or engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Director of Planning and Inspection prior to the expiration of the map. The map shall automatically be extended for sixty (60) days or until the application for extension is approved, conditionally approved or denied whichever occurs first.

(B) Director of Planning and Inspection Action. The Director of Planning and Inspection shall review the request for extension for approval, conditional approval or denial. The Director of Planning and Inspection shall make a written determination on the request and, if approved or conditionally approved, shall specify the new expiration date.

(C) Time Limit of Extension. The expiration date may be extended pursuant to this section for a period or periods totaling no more than three years.

(D) Conditions of Approval. As a condition of the extension of a tentative map, the City Engineer may impose new conditions or revise existing conditions of the tentative map.

(E) Appeal. The subdivider may appeal any action of the Director of Planning and Inspection concerning an extension to the City Council within ten days of such action in conformance with SCCC 17.05.300(i)(2).

(F) Fee. The fee for processing an extension shall be at actual cost. A deposit to be applied toward this fee shall be required.

(h) Amendments to the Approved Tentative Map. Amendments to the tentative map or conditions of approval may be approved by the Director of Planning and Inspection and the City Engineer upon application by the subdivider or on its own initiative, provided:

(1) No lots, units or building sites are added;

(2) Such changes are consistent with the intent of the original tentative map approval;

(3) There are no resulting violations of the Santa Clara City Code;

(4) Any revision shall be approved by the City Engineer. The revision shall be denoted on the approved tentative map and/or in writing to the subdivider, whichever is appropriate;

(5) Any amendment shall not affect the expiration date of the approved tentative map; and

(6) The City Engineer may require a new tentative parcel map application in lieu of the above procedure when, in his/her opinion, requested changes are substantial enough to warrant refilling and reprocessing. (Ord. 1780 § 3, 4-8-03).

17.05.410 Parcel maps.

(a) General. The form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of this section and the Subdivision Map Act.

(b) Survey Required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed one ten-thousandth (1/10,000th) for field closures and one twenty-thousandth (1/20,000th) for calculated closures.

(c) Form. The form of the parcel map shall conform to final map form requirements as specified by SCCC 17.05.310(f).

(d) Contents. The contents of the parcel map shall conform to final map content requirements as specified by SCCC 17.05.310(g), excepting subsections (g)(3)(iv) and (7).

(e) Statements shall be in accordance with Section 66449 of the Government Code, with the addition of the trustee's certificate according to SCCC 17.05.310(g)(3)(ii).

(f) The City Clerk's statement will be required if the tentative parcel map was approved by the City Council. The City Clerk's statement may include acceptance of offers of dedication.

(g) Lots shall be designated by letters commencing with "A" and shall continue consecutively with no omissions or duplications.

(h) Preliminary Submittal. The subdivider shall submit prints of the parcel map to the City Engineer for checking. The preliminary prints shall be accompanied by copies of the data, plans, reports and documents as required for final maps by SCCC 17.05.310(i)(1), Preliminary Submittal. The City Engineer may waive any of the requirements if the location and nature of the proposed subdivision or existing documentation demonstrates that compliance with the requirements of SCCC 17.05.310(i) is not necessary.

(i) Review by City Engineer. The City Engineer shall review the parcel map and the subdivider's engineer shall make corrections and/or additions until the map is acceptable to the City Engineer. The subdivider's engineer shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the statements on the map, to the City Engineer.

(j) Approval by City Engineer. The City Engineer shall approve the parcel map if it complies with the requirements of the Subdivision Map Act, this chapter, the tentative map and all conditions thereof.

(k) Filing with the County Recorder. The City Clerk or authorized agent shall file the approved parcel map directly to the County Recorder. (Ord. 1780 § 3, 4-8-03).

Article VI. Dedications and Reservations

17.05.500 Dedication of streets, alleys and other public rights-of-way or easements.

As a condition of approval of a tentative, or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights, drainage, public greenways, scenic easements, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements. (Ord. 1780 § 3, 4-8-03).

Article VII. Subdivision Improvements

17.05.600 General.

The subdivider shall construct all required improvements both on and off site according to standards as approved by the City. (Ord. 1780 § 3, 4-8-03).

17.05.610 Improvements required.

(a) General. All improvements as may be required as conditions of approval of the tentative map or City ordinance, together with, but not limited to the following shall be required of all subdivisions.

(1) Requirements for construction of on-site and off-site improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.

(2) As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public, subject to the provisions of Sections 66485 through 66489 of the Subdivision Map Act.

(b) Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions.

(c) Storm Drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement.

(d) Sanitary Sewers. Each unit or lot within the subdivision shall be served by a community sewer collection system as required by Chapter 13.10 SCCC, unless an individual system is permitted thereunder.

(e) Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system.

(f) Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone and cable television facilities.

(1) Underground Utilities. All existing and proposed utilities within the subdivision and along either side of peripheral streets shall be placed underground except those facilities exempted by the Public Utilities Commission Regulations and as otherwise provided below.

(A) If the subdivision is in the Underground District, as designated in the General Plan, all utility lines along peripheral streets shall be undergrounded or an in lieu of undergrounding fee shall be paid. Undergrounding shall be required for overhead lines on either side of the peripheral street.

(B) If the subdivision is outside the Underground District, undergrounding overhead utilities on peripheral streets shall not be required unless the City Engineer finds that undergrounding of such utilities is likely to occur within the ten-year period following approval of the tentative map. (Ord. 1780 § 3, 4-8-03).

17.05.620 Deferred improvement agreements.

(a) Subdivisions. The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider and/or owner of the real property shall enter into an agreement with the City in a form acceptable to the City Attorney for the installation of all frontage improvements at such time in the future as required by the City. The agreement shall provide:

(1) Construction of improvements shall commence within ninety (90) days of the receipt of the notice to proceed from the City;

(2) That in event of default by the subdivider and/or owner, the City is hereby authorized to cause said construction to be done and charge the entire cost and expense to the subdivider and/or owner, including interest from the date of notice of said cost and expense until paid;

(3) That this agreement shall be recorded in the office of the County Recorder of Santa Clara County, California, at the expense of the subdivider and/or owner, and shall constitute notice to all successors and assigns of the title to such real property of the obligation set forth, and also a lien in an amount to fully reimburse the City, including interest as above, subject to foreclosure in event of default in payment;

(4) That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and/or owner, agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against the real property;

(5) That the terms "subdivider" and "owner" shall include, respectively, not only the subdivider and the present owner but also heirs, successors, executors, administrators and assigns, it being the intent of the parties hereto that the obligations undertaken shall run with the real property and constitute a lien against it;

(6) Any other provisions required by the City Engineer as reasonably necessary to effectuate this code and the Subdivision Map Act;

(7) The agreement shall not relieve the owner from any other specific requirements. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable articles of the municipal code in effect at the time of construction.

(b) Remainders. Where a remainder is made part of a final or parcel map, the subdivider may enter into an agreement with the City to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel. The improvements shall be at the subdivider's expense. In the absence of an agreement, the City may require fulfillment of the construction requirements within a reasonable time following approval of the map, upon a finding that fulfillment of the construction requirements is necessary for reasons of:

(1) The public health and safety; or

(2) The required construction is a necessary prerequisite to the orderly development of the surrounding area. (Ord. 1780 § 3, 4-8-03).

17.05.630 Design.

General. The design and layout of all required improvements both on and off site, private and public, shall conform to generally acceptable engineering standards, to the City's Standard Design Criteria, Details and Standard Plans and Specifications, and to such standards as approved by the City Engineer.

(a) Energy Conservation. The design of a subdivision for which a tentative map is required, pursuant to Article III of this chapter, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

(1) Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

(2) Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

(3) In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

(4) The requirements of this section do not apply to condominium projects that consist of the subdivision of airspace in an existing building when no new structures are added.

(5) For the purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(b) Cable Television Service. The design of a subdivision for which a tentative map or parcel map is required shall provide appropriate cable television systems an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision. For the purposes of this section, "appropriate cable television systems" means those systems franchised or licensed to serve the geographical area in which the subdivision is located.

This section shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives. (Ord. 1780 § 3, 4-8-03).

17.05.640 Access.

(a) The subdivision shall abut upon or have an approved access to a public street as required by law. Each unit or lot within the subdivision shall have an approved access to a public or private street.

(b) Street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision. Reserve strips, or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required. (Ord. 1780 § 3, 4-8-03).

17.05.650 Public improvement agreement.

Public improvement agreements shall be prepared and signed by the City Manager and approved as to form by the City Attorney. The agreement shall provide for:

(a) Construction of all improvements according to the approved plans and specifications on file with the City Engineer;

(b) Specified times for completion of improvements;

(c) Right by City to modify plans and specifications and to require the subdivider to pay for modifications;

(d) Warranty by subdivider that construction will not adversely affect any portion of adjacent properties;

(e) Payment of fees in accordance with any City Council resolution establishing fees and charges;

(f) Improvement security as required by this article;

(g) Maintenance and repair of any defects or failures and causes thereof;

(h) Release and indemnification of the City from all liability incurred by the development and payment of all reasonable attorney's fees that the City may incur because of any legal action arising from the development;

(i) Any other deposits, fees or conditions as required by City ordinance or resolution and as may be required by the City Engineer;

(j) Any other provisions required by the City as reasonably necessary to effectuate the purpose of this code. (Ord. 1780 § 3, 4-8-03).

17.05.660 Improvement security.

General. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter, for which security is required, shall be secured in accordance with Sections 66499 et seq. of the Subdivision Map Act and as provided below.

(a) No final map or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this section have been received and approved.

(b) Form of Security. The form of security shall be one or the combination of the following at the option and subject to the approval of the City.

(1) Bond or bonds by one or more duly authorized corporate sureties. The provisions of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Subdivision Map Act.

(2) An instrument of credit or certificate of deposit from one or more financial institutions subject to regulation by the State or Federal government with an office located in the nine Bay Area counties and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

(3) A deposit, either with the City or a responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public money.

(c) Amount of Security. A performance bond or security in the amount of one hundred percent (100%) of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of one hundred percent (100%) of the estimated construction cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors and to persons furnishing labor, materials or equipment for the construction or installation of improvements. The foregoing shall not apply to a California nonprofit corporation that is funded by a government agency if the corporation complies with Section 66499.3(c) of the Subdivision Map Act.

(d) The estimate of improvement costs shall be as approved by the City Engineer and shall provide for:

(1) Ten percent of the total construction cost for contingencies;

(2) All utility installation costs or a statement acceptable to the City Engineer from the utility company that adequate security has been deposited to ensure installation;

(3) In addition to the full amount of the security, there shall be included estimated costs and reasonable expenses and fees, including attorney's fees, which may be incurred in enforcing the obligation secured.

(e) Warranty Security. Upon acceptance of the subdivision improvements by the City, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements throughout the warranty period of one year following completion and acceptance of the improvements. The amount of the warranty security shall be not less than ten percent of the cost of the construction of the improvements, including the cash bond, which shall be retained for the one year warranty period.

(f) Release of Improvement Securities.

(1) Performance Security. The performance security shall be released only upon acceptance of the improvements by the City Council and when an approved warranty security has been filed with the City Engineer. If warranty security is not submitted, performance security shall be released twelve (12) months after acceptance of improvements and correction of all warranty deficiencies.

(2) Labor and Materials Security. Security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials or equipment may, thirty (30) days after the completion and acceptance of the improvements by the City Council or City Engineer, be reduced to an amount equal to the amount of claims therefore filed and of which notice has been given to the City Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

(3) Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period provided:

(A) All deficiencies appearing on the final deficiency list for the subdivision have been corrected;

(B) Not less than twelve (12) months have elapsed since the acceptance of the improvements by the City Council. (Ord. 1780 § 3, 4-8-03).

Article VIII. Vesting Tentative Maps

17.05.700 Vesting tentative maps.

(a) Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Subdivision Ordinance, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with the provisions of this article.

(b) If a subdivider does not seek the rights conferred by a vesting tentative map, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. (Ord. 1780 § 3, 4-8-03).

17.05.710 Procedures.

(a) Filing and Processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth for a tentative map in SCCC 17.05.300, except as provided herein:

(1) At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

(2) Prior to filing a vesting tentative map, a subdivider shall obtain all discretionary approvals that will be required under the Santa Clara City Code in conjunction with the approval or conditional approval of the vesting tentative map in order to construct the development. An application for a vesting tentative map shall be determined to be incomplete until all other applicable discretionary approvals are processed and acted upon in accordance with the Santa Clara City Code and applicable state law.

(b) Fees. Upon filing a vested tentative map, the subdivider shall pay the fees required by the Director of Planning and Inspection for the filing and processing of a tentative map.

(c) Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same period, and shall be subject to the same extensions established by the Subdivision Ordinance for the expiration of the approval or conditional approval of a tentative map. (Ord. 1780 § 3, 4-8-03).

17.05.720 Vesting of development rights.

(a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, polices and standards in effect at the time that an application is determined to be complete by the city; provided, that any fees required as a condition of approval of a vesting tentative map, unless otherwise specified, shall be payable at the rates in effect at the time building permits are issued. This section is further governed by Government Code Sections 66474.2 and 665943 and any successor legislation. This article shall not be interpreted to create any rights for subdividers beyond those expressly required by the Vesting Tentative Map Law (Government Code Sections 66498.1 et seq., as may from time to time be amended).

(b) Notwithstanding subsection (a) of this section, a subsequent permit, approval, extension, building permit, or entitlement may be made conditional or denied pursuant to later ordinances, policies and standards if any of the following are determined:

(1) A failure to do so would place the residents of the subdivision or the immediate community in a condition dangerous to their health or safety;

(2) The condition or denial is required, in order to comply with state or federal law.

(c) The rights referred to in this chapter shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in SCCC 17.05.710(c). If the final map is approved, these rights shall last for the following periods of time:

(1) An initial time period of one year beyond the recording of the final map. Where several maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

(2) The initial time period set forth in subsection (c)(1) of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed.

(3) If the subdivider submits a complete application for a building permit during the periods of time prior to the expiration of the final map, the rights referred to in this chapter shall continue until the expiration of such building permit or any extension of that permit. (Ord. 1780 § 3, 4-8-03).

Article IX. Penalties

17.05.800 Violation a misdemeanor.

Any person who willfully or maliciously violates any provision of this Subdivision Ordinance shall be guilty of a misdemeanor. Pursuant to SCCC 1.05.070, the City may enforce any violation of the provisions of this Subdivision Ordinance as a criminal, civil or administrative action. (Ord. 1780 § 3, 4-8-03).