HomeMy WebLinkAbout NS 60r
ORDINANCE NO. 60
AN ORDINANCE REGULATING THE DESIGN AND IMPROVEMENT
OF SINGLE LOTS, PARCELS AND SUBDIVISIONS
OF LAND IN THE CITY OF SARATOGA, AND SUPERSEDING
AND REPEALING ORDINANCE SERIES NS -5 RELATING THERETO
follows:
The City Council of the City of.Saratoga does hereby ordain as
ARTICLE ONE: GENERAL PROVISIONS
SECTION 1. PURPOSE AND APPLICATION.
Section 1.1. This ordinance is enacted for the purpose of pro -
moting the public health, safety and general welfare, and to regulate and con-
trol the design and improvement of land in the City of Saratoga. It is appli-
cable to divisions and subdivisions, and to single lots and parcels. It is
designed to implement and supplement the Subdivision Map Act, contained in
Division 2 of Title 7 of the Government Code of the State of California as
to subdivisions as that term is therein defined, and as hereafter defined in
• this ordinance, and also to regulate single undivided sites under the provi-
sions hereinafter set forth in Article Three of this ordinance. It shall be
known and referred to in its entirety as the "Subdivision Ordinance."
Section 1.2, This ordinance is in three parts. The provisions
of this Article One apply to the entire ordinance. The provisions of Article
Two, except as hereinafter noted, shall apply to subdivisions of five or more
lots. The provisions of Article Three, and Sections 12.5 and 13 through 17 of
Article Two insofar as they are made applicable by Article Three, shall apply
to all single lots and parcels, to subdivisions of four or less lots, and to
subdivisions of five or more lots otherwise exempt under Government Code Sec-
tion 66426 (a), (b), (c) and (d).
Anything to the contrary above notwithstanding, whenever in the
opinion of the Planning Commission the intent of the subdivider is ultimately
to subdivide into five or more lots, or wherever it appears reasonably neces-
sary in order to maintain uniformity of building site design or improvement,
Article Two of this ordinance shall be applicable to four or Yess lot subdivi-
sions which otherwise would come under the terms of Article Three.
SECTION 2. DESIGNATION OF ADVISORY AGENCY.
Section 2.1. The Planning Commission of the City of Saratoga is
hereby designated as the Advisory Agency under Article Two of this ordinance
(governing subdivisions of five or more parcels), and the Land Development
Committee is hereby designated as the Advisory Agency under Article Three of
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this ordinance (governing subdivisions of less than five lots, single unsub-
divided sites and parcels), and more than five lots otherwise exempt from
Article Two.
Section 2.2. There is hereby delegated to each Advisory Agency,
respectively, the power to approve, conditionally approve or disapprove
tentative maps, the power to determine consistency or lack of consistency of
the proposed subdivision together with the provisions for its design and im-
provement with the General Plan and all applicable specific plans, and with-
out limiting the foregoing, the responsibilities set forth in Government Code
Sections 66473.5, 66474, 66474.1 and 66474.6 of the State of California.
Section 2.3. The Land Development Committee (hereafter some-
times called the Committee) shall consist of the Director of Planning, the
Director of Public Works, and one member of the Planning Commission as from
time to time designated by that Commission.
SECTION 3. DEFINITIONS.
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For the purposes of this ordinance, the definitions hereafter set
forth shall control. Terms not herein defined shall be as defined in the
zoning ordinance of the City of Saratoga. Terms neither defined herein nor
in the said zoning ordinance shall be as defined in the Subdivision,Map Act.
Section 3.1. In General. "City" means the City of Saratoga; •
"Planning Commission" means the Planning Commission of the City of Saratoga;
"City Council" means the City Council of.the City of Saratoga; the terms
"Health Officer," "Health Department," "Planning Department" and "City
Engineer" mean the respective officer, department or engineer of the City of
Saratoga, save and except that during any period of time wherein such ser-
vices are being performed for the city by these respective officers or depart-
ments of the County of Santa Clara, then the same shall mean such officers or
departments of the County of Santa Clara; the term "Flood Control District"
means Santa Clara Valley Water District; the term "Sanitation District"
means the Santa Clara County Sanitation District or the Cupertino Sanitary
District, whichever has jurisdiction; the term "Director of Public Works"
means such Director of the city. "Map Act" means the Subdivision Map Act of
the State of California (Government Code Sections 65000, et seq. of the State
of California).
Section 3.2. Subdivision. "Subdivision" means and includes the
division of any improved or unimproved real property, shown on the last
equalized Santa Clara County Assessment Roll as a unit or as contiguous units,
for the purpose of sale, lease, financing or construction of improvements
thereon, whether immediate or future, by any person, firm, corporation,
partnership, association or other entity, private, ggvernmental or otherwise.
Real property shall be considered as contiguous units even if separated by
roads, streets, utility or railroad rights -of -way or other public or private
easements. It includes a condominium project, as defined in Section 1350,
et seq. of the Civil Code of the State of California, and a community apartment
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project, as defined in Section 11004 of the Business & Professions Code of
the,State of California. Any conveyance of land to a governmental agency,
public entity or public utility shall not be considered a division of land
for the purpose of computing the number of parcels.
. Land shall be considered to be divided by either (a) the sale, con-
tract of sale, lease, transfer or other conveyance of any portion of a unit
or contiguous units in one ownership as shown on the latest Santa Clara County
Assessment Roll, regardless of the manner of the land description, or (b) the
recording with the Recorder of Santa Clara .County of any record of survey,
parcel map, or other map or legal description of a parcel less than the whole
as shown on such latest roll, or (c) any other separation of land into legally
discernible parcels. The separation of a single site from a larger parcel
shall constitute a division.
Section 3.3. Other Definitions.
MEANS OF ACCESS. A "means of access" is a street, right -of -way,
easement or way of necessity or other thoroughfare, designed for.ingress to
and egress from any parcel of land to a public street.
PERSON. The term "person" means and includes any person', firm,
partnership, association, corporation, business trust, city, county, local
agency, district, state or Federal Government or any branch, district or
division thereof, exclusive of the City of Saratoga.
RIGHT -OF -WAY. The term "right -of -way" includes all and any part
of the entire width of a road, street or highway easement, whether or not
such entire area is actually used for road, street or highway purposes.
STREET. The term "street" means and includes any right -of -way
for motor vehicle travel which affords the principal means of access to
abutting property,. including public and private rights -of -way and easements
for ingress and egress purposes, together with abutting sidewalks, walkways
and pathways for pedestrian travel or travel by other than motor vehicles.
STREET -- COLLECTOR. "Collector street" is a street which, because
,of its design and location with respect to other streets and other sources
of traffic, is used to carry traffic from local streets to secondary and
major streets.
STREET -- HILLSIDE COLLECTOR. "Hillside collector street" is a
street which, because of its design and location with respect to other
streets and other sources of traffic,'is used to carry traffic from local
streets to secondary and major streets and which traverses terrain whose
average grade exceeds 10 percent. .
STREET- -Cn -DE -SAC. A "cul -de -sac" is any street having but one
outlet for vehicular traffic, the terminus of said street being within the
subdivision, and having .a vehicle turnaround, enclosed by parcels of land
comprising lots of the subdivision.
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- STREET- -DEAD END. A "dead -end street " -is any street having but
one outlet for vehicular and'pedestrian traffic and terminating at the
property adjoining the subdivision.
STREET -- FRONTAGE ROAD. A "frontage road" is a street adjacent
and parallel to a major highway, which is separated therefrom by a dividing
strip.
STREET -- LOCAL. A "local street" is a street which, because of its
design and location with respect to otherdstreets, is used primarily for
access to the abutting property.
STREET-- IIILLSIDE LOCAL. A "hillside local street" is a street
which, because of its design and location with respect to other streets, is
used primarily for access to the abutting property and which traverses
terrain whose average grade exceeds 10 percent.
STREET-- MINIMM ACCESS. A "minimum access street" is a private
street running from the point of intersection of the existing or proposed
driveway of a site with the site's property line, to an accepted public
street or intersecting minimum access street, having an improved surface of
a minimum width of eighteen feet improved to the engineering standards of
the City of Saratoga.
STREET -- PRIVATE. A "private street" is a street in private owner-
ship, not dedicated as a public street, which affords the principal means of
access to one or more lots which do not have frontage on a public street.
STREET - =PUBLIC. A "public street" is a street owned and maintained
by the city, the county, or the state, including streets offered for dedica-
tion to the city which have been improved to city specifications, or for which
a bonded improvement agreement is in effect to so improve the same. The term
includes "city street," "accepted street," "accepted public street," and
"dedicated street ".
STREET -- ARTERIAL. An "arterial" is a public street designated as an
arterial on the Saratoga General Plan which, because of its design and loca-
tion with respect to other streets and other sources of traffic, is used to
carry a heavy volume of traffic through the city and /or between districts of
the city or as an approach to a freeway.
SUBDIVIDER. - "Subdivider" means such individual, firm, corpora-
tion, partnership, syndicate, local.agency, city, county, state or federal
government, or any district or division thereof, who or which is the owner
of record or owner under a contract to purchase or lease the real property
to be divided or improved, and including the owner of any single lot or par-
cel otherwise subject to Article 'Three hereof.
SECTION 4. FEES.
Each subdivider shall, at the time of filing his tentative map, pay
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to the City of Saratoga a filing fee and a public health service fee; at the
time of submitting hit improvement plans and specifications for checking and
review, an improvement plan checking deposit; at the time of filing for
final map or site approval, the balance of the improvement plan checking and
inspection fees, a final -or a parcel map checking fee, a storm drainage fee
if the same be applicable, a park and recreation fee if the same be applicable,
a street light service and energy fee if the same be applicable, and to the
fire district having jurisdiction, a fire hydrant rental (service) fee if
applicable, and to the city for delivery to the Santa Clara County Recorder,
all recording fees to be required upon the recording of the final map and all
ancillary documents to be recorded concurrently therewith; and on filing an
appeal, an appeal fee.' The scheduling and amounts and applicability of each
of all fees are as set forth in Table I attached hereto and incorporated here-
in by reference. Said fees may hereafter be changed from time to time by
resolution of the City Council, and such changed fee shall control without
amendment to this ordinance.
SECTION 5. ACTS PROHIBITED.
Section 5.1. It shall be unlawful for any person to sell or
lease, or to offer or contract to sell or lease, or to finance, any parcel
or parcels of real property in the City of Saratoga, which property consti-
tutes a subdivision of five or more lots as herein defined, or to record a
wfinal map thereof, or to commence construction of any building thereon
(except for model homes not to exceed two in number), or to allow occupancy
thereof, without first complying with all of the provisions of Article Two
of this ordinance and causing a final approved subdivision map of such sub-
division to be recorded with the Santa Clara County Recorder.
Section 5.2. It shall be unlawful for any person to sell, lease
for a period in excess of ten (10) years; finance, or erect or construct any
building on any parcel or parcels of real property in the City of Saratoga
which constitutes a subdivision of four or less lots (or 5 or more lots coming
within any of the provisions of Government Code Section 66426), or to con-
struct any building, or pave any site for offstreet parking where the paved
area will exceed 1000 square feet on any single site or parcel, without first
complying with the applicable provisions of Article Three hereof, and causing
a final approved parcel map thereof to be recorded with the Santa Clara County
Recorder.
Section 5.3. The above prohibitions shall not be applicable to
any of the uses or divisions enumerated in Government Code Section 66412,
nor shall the prohibitions of Section 5.2 immediately above (parcel map re-
quirements) be applicable where not specifically required by Section 21 of
Article Three hereof.
SECTION 6. BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY.
Section 6.1. Except as to model homes otherwise permitted by
Section 5.1 hereof, no building permit or grading permit shall be issued
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until the final subdivision map is recorded by the County Recorder, or, in
the case of lots, parcels or subdivisions subject to Article Three of this
ordinance, no building permit or grading permit shall be issued until final
site approval is granted in accord therewith and the parcel map is recorded
with the County Recorder.
Section 6.2. ' No final Certificate of Occupancy as provided by
Section 306 of the Uniform Building.Code shall be issued until all curbs,
gutters, driveway approaches, base rock and underground utilities servicing
such lot or parcel, and all landscaping improvements as may have been required
by the Advisory Agency, are satisfactorily installed and completed.
SECTION 7. CONFORMITY WITH ZONING LAWS AND GENERAL PLAN.
Section 7.1. Nothing contained in this ordinance, nor any act
or forbearance done or permitted hereunder, shall waive or relieve compliance
with any other ordinance of the City of Saratoga not specifically repealed
hereby. Neither final map nor site approval shall be granted for any lot,
site or subdivision which is not in conformity with the zoning ordinance of
the City of Saratoga, nor which has been or is created in violation of any
such zoning ordinance, nor which is not consistent with the General Plan or
any applicable specific plan, nor for any intended use which would be in
conformity with the district regulations in which said lot, site or subdivi-
sion lies at the time of final approval.'
Section 7.2. The applicable Advisory Agency may, but need not,
tentatively approve a map for lot sizes or uses contrary to existing zoning
governing the lot, site or subdivision, in contemplation of a change in
zoning to make such lots or uses conform therewith, but only after recommend-
ing such change of zoning to the City Council after public hearing thereon in
accord with the zoning ordinance, and so long as it is still consistent with
the General Plan and any applicable specific plans. Any such tentative approval
shall be at the sole risk of the subdivider, and shall not become binding on
the City for any purpose unless and until such zoning is legally and finally
adopted.
SECTION 8. RECORDATION OF FINAL AND PARCEL MAPS.
Section 8.1. The recordation of all approved final subdivision
maps and parcel maps with the Santa Clara County Recorder, in accord with
the Subdivision Map Act, shall on behalf of the City be through the agency
of the Director of Public Works. Whenever covenants, conditions and
restrictions (CC &Rs), offers of dedication by separate instrument, deeds,
deferred improvement agreements or other documents affecting title and relat-
ing to matters within the jurisdiction of the City are to be recorded in
relation to said subdivision, all of such documents shall be executed and
acknowledged and delivered to City for recordation together with the appli-
cable recording fees, if any, and City shall have no obligation to cause the •
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the final or parcel map to be delivered for recordation unless and until all
of such other documentation is delivered to City for sequential recordation
along with said map.
The Director of Public Works shall cause delivery of all of said
documentation to be made to the County Recorder at the time of delivery to
him of the final or parcel map, and shall instruct the Recorder as to the
sequence and chronology of recordation of said documents.
SECTION 9. APPEAL AND REVIEW.
Section 9.1. Appeal by Subdivider. The subdivider may appeal
to the City Council from any decision of the Advisory Agency which conditionally
approves or disapproves a tentative map, under Article Two or Article Three
hereof, by filing a written notice thereof together with the requisite filing
fee with the City Clerk, letter form being sufficient, within fifteen (15)
days after the date such decision is made. In all matters which are subject
to the provisions concerning exceptions to design and improvement requirements,
as more particularly set forth in Section 15 of Article Two hereof, no such
appeal shall lie unless and until the subdivider has first exhausted his ad-
ministrative remedy to seek exceptions under Section 15 above - referred to.
All notices of appeal shall be signed by the subdivider or his agent and shall
set forth the specific action appealed from, together with all grounds of the
. appeal. No ground of appeal not specifically set forth in the notice may be
raised or considered at the time of hearing on the appeal.
Upon-receipt of the notice of appeal and filing fee, the City Clerk
shall set the appeal for public hearing before the City Council at its next
regular meeting that falls not less than ten (10) nor more than thirty (30)
days after the date of filing, shall notify the subdivider and the Advisory
Agency whose decision is being appealed of the time and place of hearing by
regular mail, and in addition shall give ten (10) days prior published notice
of such hearing in accord with Government Code Section 66451.3.
Upon the hearing on appeal the City Council may sustain, overrule
or modify the decision appealed from, and if the decision on appeal relates
to any matters covered by the provisions of Sections 66473, 66473.5 or 66474
of the Government Code which require a finding or findings, shall include
such findings as may be so required in said decision, and such disposition on
appeal shall be final.
Section 9.2. Appeal by Others. Any interested person may appeal
any decision of the Advisory Agency on a subdivision from any of its findings
on any of the matters contained in Government Code Sections 66473.5, 66474,
66474.1 and 66474.6 (relating to consistency with General and specific plans
and other special findings), such appeal being to the City Council, and said
appeal shall be noticed and hearing held thereon in the same manner as an
appeal by the subdivider under Section 9.1 above, with appellant being entitled
• to the same.notice and rights regarding testimony as are accorded to the
subdivider under that section.
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Section 9.3. Judicial Review. The decision of the City Council •
on approval, conditional approval or disapproval of a final map, or on appeal
from an Advisory Agency decision, or of the Planning Commission on approval, -
conditional approval or disapproval of a parcel map on final site approval,
may be subject to review by the courts by such action or special proceeding
as may otherwise be authorized by law, if any, but any such action or proceed-
ing to attack, review, set aside or to annul any such decision shall be
commenced and service of summons shall be effected within one - hundred eighty
(180) days after the date of such decision, or such sooner time as Government
Code Section 66498.37 may herewith be amended to set forth.
SECTION 10. ENFORCEMENT.
Section 10.1. Duty to Enforce. The Advisory Agency and City
Council shall refuse approval of any tentative or final or parcel map appli-
cation not in conformity herewith, and subject to the provisions of Government
Code Section 66499.34, all officials, departments, officers and employees of
the city vested with authority or duty to issue permits or certificates shall
not issue any such permit or certificate which conflicts with any provision of
this ordinance, or which purports to authorize or permit any building, con-
struction or improvement of any land where compliance has not first been had
with all applicable provisions of this ordinance, and any such permit or
certificate which may be issued in conflict herewith shall be void and of no
force or effect. •
Other than as above set forth, the Director of Public Works of the
city shall be the official responsible for the enforcement of this ordinance.
He may sign criminal complaints and call upon the City Attorney to prosecute
criminal proceedings and /or to institute civil legal proceedings to enforce
this ordinance.
Section 10.2. Penalties for Violation. Any person, as that term
is herein defined, violating any provision of this ordinance shall be guilty
of a misdemeanor and upon conviction thereof shall be punishable by a fine
of not more than five hundred dollars or by imprisonment in the county jail
for a term of not exceeding six months, or by both such fine and imprisonment.
Such person shall be deemed guilty of a separate offense for each
day during any portion of which a violation of this ordinance is committed
or continued or permitted by such person, punishable as herein provided.
Any building or structure erected or constructed in violation of
this ordinance whether done pursuant to permit or not shall be and is hereby
declared unlawful and a public nuisance, and the City Attorney on direction
of the City Council shall institute necessary legal proceedings for the abate-
ment, removal or enjoinment thereof in the manner provided by law and shall
take such other steps as may be necessary to accomplish these ends.
exclusive.
All remedies provided for herein shall be cumulative and not
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SECTION 11. EFFECTIVENESS.
Section 11.1. Constitutionality. If any section, subsection,
sentence, clause or phrase of this ordinance is for any reason held by a
court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remaining portions of this ordinance. The City
Council of the City of Saratoga hereby declares that it would have passed
this ordinance and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact.that any one or more.sections, subsections,
sentences, clauses or phrases be held invalid or unconstitutional.
Section 11.2. Inconsistent Ordinances Repealed. Ordinance NS -5,
and Ordinances Series NS -5.1 through NS -5. , are hereby repealed as of the
effective date of this ordinance, save and except that Sections 3.9.through
3.9 -5 of Part Two of Ordinance NS -5 shall continue in effect for thirty (30)
days after the effective date of this ordinance, and at the expiration of
said thirty (30) days shall at that time be superseded and repealed.
Section 11.3. Effective Date. This ordinance shall take effect
and be in full force and effect from and after thirty (30) days from the
date of its passage and adoption.
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ARTICLE TWO: SUBDIVISION REGULATIONS
Section 12. TENTATIVE'MAPS.
Section 12.1. In Ceneral. The following procedures are hereby
adopted for processing all applications for permission to subdivide real prop-
erty. Except as may otherwise be specifically set forth in Article Three of
this ordinance, these provisions are equally applicable to divisions of five
or more lots and to divisions of less than five lots. Applications for sub-
division map approval shall be in writing on forms as approved by the Advisory
Agency,and shall be accompanied by tentative maps as hereinafter set forth
prepared in full compliance with the Subdivision Map Act and this ordinance.
Section 12.2. Filing of Tentative Map. The time of filing an
application for subdivision.approval and the tentative subdivision map shall
be construed to be the time at which the same are accepted by the officer
designated in the rules of the Advisory Agency for that purpose. Such officer
shall examine any such map and application upon presentation of the same to
him and shall not accept them for filing until they are iri full compliance
with all of the provisions of law and of this ordinance as to form and as to
the data and information required to be shown thereon or.furnished therewith,
and all required fees are paid.
Section 12.3. Tentative Map - Number and Form. Sixteen (16) copies
and a reproducible transparency of the tentative map of each proposed subdivi-
sion shall be filed with the Clerk of the Advisory Agency. Additional copies
may be required for.transmittal to the designated official of any adjoining
local agency which has requested the same as provided in the Map Act. In the
event the State Department of Public Works has filed the requisite map with
the city relating to existing or proposed State highway routes upon which it
believes subdivisions would have an effect, two additional, copies of the ten-
tative map shall also be filed, which shall be transmitted by the Advisory
Agency to the District Office of the Division of Highways of such department
in the district in which the proposed subdivision is located, with a statement
that the Advisory Agency will consider any recommendation of said department
made within fifteen (15) days after receipt by it of said copies of the map.
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Section 12.4. Form of Tentative Map and Accompanying Data. The
tentative map
shall be clearly and legibly drawn on tracing cloth or tracing
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paper of good
quality, by a registered Civil Engineer or licensed Land Surveyor. .!
It shall have
a dimension- of not less than 18 inches by 26 inches, and the
scale shall be as follows: 1 inch shall be equal to 20 feet for two or less
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acres; 1 inch
shall be equal to 50 feet for a subdivision of two acres throughM
twenty acres;
and 1 inch shall be equal to 100 feet for all subdivisions over
twenty acres
in area. It shall contain, or be accompanied by, the following
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information:
(a)
The name of any existing recorded map applicable to the
subdivision;
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• (b) Proposed subdivision name, if any, and date, north point,
scale and sufficient description to define the location and boundaries of
the proposed tract. The proposed name is subject to approval by the Advisory
Agency;
(c) A key map showing adjacent contiguous property on all sides,
giving location, names and widths of adjacent rights -of -way, topographic
features and all improvements on adjacent property located within 100 feet
of the subdivision boundary;
(d) Name and address of record owner or owners, subdivider and
registered engineer or licensed land surveyor who prepared said map;
(e) Locations, names, widths, centerline radii and centerline
slopes of all streets, highways and other ways in the proposed subdivision;
(f) Number of lots, dimensions of the lots, including frontage,
depth and area in square feet;
(g) Five -foot contours to describe area. Where the grade of any
part of the subdivision exceeds ten percent or where the subdivision abuts
existing developed lots, an overall grading plan may be required showing
features adjacent to the subdivision within a reasonable distance therefrom
which would affect said subdivision. In those cases in which a grading plan
• is required, it shall show how runoff of surface water from individual lots
will be achieved and the ultimate disposal of all subdivision surface waters.
Benchmarks shall be on Santa Clara County datum;
(h) Location and character of all existing easements for drainage,
sewage, public utilities, together with all building and use restrictions
applicable thereto;
(i) Existing use or uses and zone or zones of the property and
proposed use or uses;
(j) The approximate locations of all proposed easements for drain-
age, sewage or other public utilities;
(k) Transfers of adjacent or related property owned by the sub-
divider or his predecessor in interest made within the last preceding five
years;
(1) Location of all creeks, streams and other water courses delin-
eated on said map, showing top of existing banks and creek depth, with separate
sheet showing cross - section of all such creeks, streams and water courses;
(m) All provisions for domestic water supply which are proposed
by the subdivider, including source, quality and approximate quantity;
(n) All provisions for sewage disposal, storm drainage and flood
control which are propose& by the subdivider;
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(o) Existing wells, active or abandoned, and disposition proposed.; ,
(p) Public.or common green area proposed, if any;
(q) Statement of tree planting plan;
(r) Statement of street lighting plan, if any;
(s) Statement of the improvements proposed to be constructed or
installed and of the time when said improvements shall be installed and the
date of their anticipated completion;
(t) Site development plan in accord with Section 13.9 hereof, where
required;
(u) The approximate distance to and location of the nearest sani-
tary sewer main line;
(v) Location of existing native, ornamental and orchard trees,
including outline, centers and species having a trunk circumference of 40 inches
or more at a point 24 inches above natural grade;
(w) A preliminary soils report in accord with Sections 3 -43 through
3 -46 of the Saratoga City Code, unless otherwise waived as therein provided;
(x) A blank space eight and one -half inches by eleven inches in .
size for certifications.
Such of the foregoing information as may not practicably be shown on
the map shall be set forth on the face of the subdivision approval application
or attached thereto and incorporated therein by reference.
Section 12.5. Action on Tentative Map -- Departments
Section 12.5 -1. Distribution. Upon receipt of the application and
filing fee from the subdivider, the secretary of the Advisory Agency shall
distribute the maps as follows or as deemed necessary:
Two copies to the Health Officer;
One copy to the City Engineer;
Three copies to the Planning Department;
Two copies to the Flood Control District;
One copy to'such Sanitation District as has jurisdiction over the
lands included in said map;
One copy each to such public utility companies as are intended to
provide services to the subdivision;
Two copies to the Division of Highways where the State Department
of Transportation has theretofore complied with Government Code Section 66455;
One copy to each school district having jurisdiction.
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• Section 12.5 -2. Departmental Reports. Upon receipt of said maps
and'necessary accompanying data, each of said departments shall make an in-
vestigation and written report to the Advisory Agency as hereafter set forth,
setting forth any recommended conditions. Should it be necessary.for repre-
sentatives of said departments to meet with any Committee of the Advisory
Agency to discuss any matters relating to any such investigation or report,
the subdivider shall have the right to appear at least once before such repre-
sentatives and committee during their deliberations. The Advisory Agency is
authorized to establish such procedural rules as may be necessary or conve-
nient to effectuate the provisions of this section._
Upon receipt of said map and data from the Advisory Agency, the City
Health Officer, City Engineer, Planning Department and Flood Control District
shall make such investigation and report as hereafter set forth: ,
(A) HEALTH DEPARTMENT REPORT. The City Health Officer shall
determine adequate health protection,.. and shall investigate the lot size, the
sewage disposal system and the domestic water supply system and shall render
a report setting forth whether the same meet the health and safety standards
prescribed by the department and whether the proposed design, improvement, or
use would violate any health laws, ordinances or regulations, state-or local.
In making his investigation, the Health Officer is empowered to require such
test holes, percolation tests and other like soil exploratory tests as he may
deem necessary to ascertain whether the proposed lot or lots are of sufficient
size to provide adequate sewage disposal when all lots in the area are built
upon, and to specify the recommended method of sewage disposal to be used in
said subdivision.
(B) ENGINEER'S REPORT. The City Engineer shall investigate the
manner in which the individual lot or lots, streets and overall drainage is
to be achieved in said subdivision. He and the Advisory Agency in acting on
the tentative map.shall determine suitability, adequacy and safety of the
proposed lot or lots, and in this regard shall adhere to the following: the
intended use must not interfere with the natural drainage of surface water.
from the land constituting and surrounding the intended lot or lots, without
adequate drainage thereof; the intended structure and improvements of said
.lot or lots must be adequately supported by the surface and subsurface soil
so there will be no hazard to occupants and property therein; the intended
use must not create an unreasonable risk and hazard to adjoining persons or
property by reason of fire, flood, avalanche or other calamity; the proposed
lot or lots, and their proposed use, shall not create an unreasonable traffic
hazard.
(C) FLOOD CONTROL DISTRICT REPORT. The Santa Clara Valley Water
District is requested to investigate the proposed subdivision for drainage
and flood control factors, and is requested to report upon whether any sub -
stantial flooding hazard would be created by the proposed subdivision and any
recommended conditions relative to flood control and storm drainage solutions.
Any such request to the District shall be accompanied'by a copy of the pro-
posed grading plan, if any.
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(D) FIRE DISTRICT REPORT. The fire protection district having .
'jurisdiction is requested to investigate and make a recommendation concerning*
the number and placement of fire hydrants and other fire protection require -.
ments for said proposed subdivision, including standards and configuration
for private driveways to serve structures to be set back from the closest
contiguous subdivision street a distance greater than 100 feet.
(E) OTHER DEPARTMENTAL REPORTS. The Sanitation District, any affected
public utilities, the Division of Highways, and School Districts having juris-
diction, may report to the Advisory Agency as to any recommended conditions
or provisions which in their opinion would be reasonable or necessary under:
the circumstances of each particular case.
. (F) STAFF REPORT. The City Planning Department shall study and
investigate the proposed design and improvement of said subdivision in rela
tion to the General Plan and any applicable specific plans prescribed by law .
which affect said subdivision and in relation to all applicable zoning regu-
lations, and specifically including proper grading and erosion control and
provisions for the prevention of sedimentation or other damage to offs-ite
property,-,and shall report on the quality of proposed design from the stand-
point of function, safety and aesthetics. Said report shall either summarize,
or incorporate by reference, all the other departmental reports received as
hereinabove specified, and shall indicate whether an Environmental Impact
Report has been required or will not be required, and shall itemize such con-
ditions as it deems appropriate to be imposed by the Advisory Agency if approval
is recommended. Such staff report shall be served upon the subdivider at least •
three (3) days prior to any final action by the Advisory Agency on the tentative
map.
Section 12.5 -3. Action on Tentative Maps - Advisory Agency. Within
fifty (50) days after filing of the tentative map,-unless such time is extended
by mutual consent of the Advisory Agency and the subdivider, and no less than
three (3) days after the delivery to the subdivider of the staff report herein -
above referred to, the Advisory Agency shall approve, conditionally approve,
or disapprove the tentative map and shall report such action to the subdivider.
A copy of said report shall be kept on file in the city offices for a period
of not less than five (5) years, and in all events, until final acceptance of
construction of improvements and the termination of the subdivider's maintenance
of such improvements.
The Advisory Agency shall not approve any tentative map unless it
shall first find that the proposed subdivision, together with provisions for
its design and improvement, is consistent with the General Plan and any speci-
fic plan applicable thereto, and shall deny approval of such tentative map in
the event-it makes any of the findings set forth in Government Code Section 66474.
SECTION 13. GENERAL SUBDIVISION DESIGN REQUIREMENTS.
Section 13.1. In General. The subdivider shall design and im-
prove all streets, highways, public ways, storm drains and other easements
which are a part of or serve the subdivision, and such other improvements as
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• are called for by this ordinance, in accord with the standards as hereinafter
set forth, and shall thereafter maintain said improvements for a period of
one year after completion thereof. Such improvements shall be as may be neces-
sary for the general use of the lot owners in the subdivision and local neigh-
borhood traffic and drainage needs, including without limitation, grading and
surfacing of streets, highways and other public ways, installation of facilities
to supply domestic water, construction of storm and sanitary drainage facilities,
and all other improvement work as hereafter set forth. All of such improvement
work shall be at the sole cost and expense of the.subdivider unless otherwise
specifically provided herein.
Section 13.2. Surveys and Monuments. In making the survey for the
subdivision, the Engineer or Surveyor shall set permanent monuments at all ex -.
terior boundary corners and angle points except where such monuments already -
exist in their proper positions, at all street intersections on centerlines
or offsets, at the beginnings and ends of curves, and as otherwise directed
by the City Engineer. In the case of intersecting curved streets, monuments
shall be placed at the point of intersection of the centerlines where possible.
All monuments shall be subject to inspection and approval by the City Engineer
before approval of the final map. All monuments within the improved portion
of a street must be set eight inches below the finished grade line of the street
in a City of Saratoga standard monument box. In addition, a three - fourths inch
galvanized steel pipe two feet long shall also be set six inches below finished
grade at each lot corner. Without limiting the generality of any other provi-
sion of this ordinance, any monument required under the provisions.of this
section which is disturbed or destroyed shall be replaced before acceptance of
any of the streets or other easements by the City.
Section 13.3. Streets, Dedication and Design Standards.
Section 13.3 -1. In General. All parcels of land shown on any map
and intended for any public use shall be offered for dedication for public
use to the City of Saratoga except those parcels other than streets, which
are intended for the exclusive use of the lot owners in a subdivision, their
licensees, visitors, tenants and servants. The tentative and.final or parcel
map shall accurately show the right -of -way lines of each street, the widths
being offered for dedication, the widths of existing dedications, the widths
and locations of all adjacent streets and public property or easements con-
tiguous to the subdivision, any centerlines previously established by the City
or County Engineer, and the degree of conformity or nonconformity of any pro-
posed subdivision street which is a continuation or extension of an existing
street.
Section 13.3 -2. Street Rights -of -Way. Street rights -of -way and
improvements thereof shall conform with the minimums as set forth in Table II
hereof, except that where topography or special conditions make a street of
less width more suitable for the purpose intended, the Advisory Agency shall
have power to approve such lesser width.
. Section 13.3 -3. Dead -End Streets and Adjoining Acreage. Unless .
otherwise approved by the A -dvisory Agency, no dead -end street shall be longer
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than fourthundred feet measured from the centerline of the nearest intersecting
street. Where the subdivision adjoins acreage, such streets as may be extended
in the event of the subdivision of the said adjoining acreage, shall be provided
through to within two feet of the boundary line of the tract, and the remaining
two -foot strip shall be granted in fee to the City.
Section 13.3 -4., Cul -de -Sac Streets. Cul -de -sac streets shall have
a vehicle turning area within minimum right -of -way radius of forty -two feet
and a minimum roadway radius of thirty -two feet. No cul -de -sac shall be longer
than four hundred feet from its intersection with the centerline of a non cul-
de -sac street to the center of the turn - around, unless a length in excess of
said four hundred feet is, in the opinion of the Advisory Agency, the only
feasible method of developing the property for the use for which it is zoned,
or unless any other method of subdividing the property would create block
lengths of less than eight hundred feet.
Section 13.3 -5. Side or Rear of Lots on Major Streets. Where the
side or rear of any lot or lots border any arterial, highway, parkway, free-
way or expressway, the subdivider may be required to execute in the owner's
certificate on the final map a relinquishment of right of ingress and egress
to the side or rear of such lot or lots across the existing or proposed right -
of -way line or such arterial, highway, parkway, freeway or expressway. Such
relinquishment shall prohibit said ingress and egress without the subsequent
resolution of the City Council.
Section 13.3 -6. Reserve Strips. Except as otherwise provided here-
in, reserve strips controlling the access to public ways will not be approved
unless such strips are necessary for the protection of the public welfare and/
or of substantial property rights and shall only be approved when the complete
control and disposal of the land and all of its uses comprising such strips
are placed completely within the exclusive control of the City.
Section 13.3 -7. Public Street Access to Lots. Every lot shall
either front on an accepted public street or on a street offered for dedica-
tion to the public and improved as in this ordinance set forth, except that
the Advisory Agency may allow the following:
A subdivision of four or less lots to front on a minimum access
street which is improved to the standards therefor and which need not be dedi-
cated or offered for dedication to the public. In no event shall any such
minimum access street be accepted for public use unless and until it is im-
proved to the standards of a local street as set forth in Table II hereof.
The subdivider shall install and permanently maintain at all intersections of
a minimum access street with a public street a sign ;reading "Private Street,
not under City maintenance" or words of similar import.
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Section 13.3 -8. Frontage Road. A frontage road may be required for
commercial subdivisions, adjacent to an arterial, highway, parkway, freeway or
expressway. Frontage roads which are incapable of being extended a minimum
length of six hundred feet shall not be approved unless such frontage road of •
less length is the only means of properly developing the property for the com-
mercial use for which it is zoned.
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Section 13.3 -9. Streets Along Exterior Boundaries of Subdivision.
Except as hereafter provided, where the property line of the property to be
subdivided is adjacent to an existing street, the exterior boundary of the
subdivision shall be to such property line, but need not be beyond the center -,
line of such bordering street. Where such street or any portion thereof which
would otherwise be includable within the subdivision by reason of the foregoing
rule is not within the city limits, the exterior boundary shall instead coin-
cide with the city limits line. The subdivider shall dedicate or irrevocably
offer to'dedicate, and shall improve as a street, all property within the city
not owned by another public agency between the subdivision boundary line which
lies within such bordering street and the proposed right -of -way line for such
street, as such right -of -way line may be established by any general or precise
plan, and if not so established then to such reasonable right -of -way line as
then and there set by the Advisory Agency. Any property in the subdivision
between the centerline of any such bordering street and'the proposed right -of-
way line which is owned by or under the.jurisdiction of another local agency
shall be offered for dedication to that local agency.
Wherever any new street of the proposed subdivision will lie along
and adjacent to any boundary of the subdivision, and is intended to be a part
of the ultimate width of an arterial, it shall be 'offered for dedication and
improved to such width as may be provided by the general plan or any precise
plan of the city. If the plan lines for such street have not been established
• by a precise plan, then the same shall be improved to one -half of the width
as shown for arterials in Table II hereof or forty feet, whichever is greater.
Where the subdivision borders an existing street as aforesaid, but
where there is no direct right of access to said street from the subdivision,
the above set forth requirements of dedication and improvement may be modified
or changed by the Planning Commission to be commensurate with the reasonably
anticipated use to be made of such street by the lot owners in the subdivision
and by local neighborhood traffic.
Whenever any new street of the proposed subdivision (as distinguished
from an existing street) will lie along and adjacent to any boundary of the
subdivision, it shall be offered for dedication and be improved to its full
width as provided for that type of street in Table II hereof. In such case,
at the subdivider's request, the City will enter into a reimbursement agree-
ment with the subdivider whereby future developers of property abutting this
required improvement will be required to pay a prorata share of the cost of
said full street as a condition of future subdivision or. site approval of such
abutting property.
Section 13.3 -10. Intersection Angles. All streets of the subdivi-
sion shall intersect one another at an angle as near to a right angle as is
practicable in each specific case, unless otherwise necessitated by topograph-
ical conditions. The radii of returns at corners may vary in accord with the
widths of roadways proposed and the type of land use.
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Section 13.3 -11. Intersection Radius. Intersection of streets with •
less than four moving lanes of traffic for each street shall have 'a corner
radius at the property line of not less than twenty feet. Intersection of
streets having less than four moving lanes of traffic with streets which have,
or are planned to have, four or more moving lanes of traffic shall have a cor-
ner radius at the property line of not less than thirty feet. Intersection of
streets which have or are planned to have, four or more moving lanes for each
street shall have a corner radius at the property line of not less than forty
feet.
Section 13.3 -12. Distance Between Intersections. Streets entering
upon opposite sides of another street shall be directly opposite each other,
or otherwise offset at least two hundred fifty feet apart, unless a street
opening offset of less than two hundred feet is, in the opinion of the Advisory
Agency, the only economical or practical method of developing the-property for
the use for which it is zoned.
Section 13.3 -13. Street Grades and Curve Radii. Grades shall not
exceed six percent on major streets, nor fifteen percent on all other types
of streets. Centerline radii shall be not less than five hundred feet on
arterials and collector streets, and not less than one hundred fifty feet on
all other types of streets. Greater grades and lesser radii may be used where,
in the opinion of the City Engineer, the same are necessary and safe by reason
of the circumstances surrounding each particular case.
Section 13.3 -14. Alleys Prohibited in Residential Subdivisions. •
Alleys shall not be permitted in any residential subdivision, and may be pro-
hibited by the Advisory Agency in any other type of subdivision.
Section 13.3 -15. Street Arrangement. The Advisory Agency shall
have authority to approve or disapprove street arrangement and design. In
determining accuracy and suitability, said arrangement shall be such as will
cause no undue hardship to owners of adjoining property at such time as such
adjoining property may be subdivided, and as will provide adequate and con-
venient access to said adjoining property. Said arrangement shall be such as
to discourage through traffic within the subdivision, except on arterial and
collector streets as designated in the general plan; it shall be harmonious
with topdgraphy, shall save and preserve ornamental trees where practicable,
and be such as to easily and comfortably move such pedestrians and traffic as
may reasonably be expected to make use of the same by reason of the subdivi-
sion's intended use.
Section 13.3 -16. Street Names and Signs. Each street shown on
the final map shall be named thereon, and the name given it shall be as approved
by the Planning Department, who shall develop and maintain a list of street
names for subdivisions, and which names shall in all cases be used for the
streets of each subdivision unless specific approval is given by the Advisory
Agency to some other name of the subdivider's choice. The subdivider shall
equ.p all street intersections with signposts, street name signs and traffic
signs as required, which shall conform to the standards and specifications
established therefor by the City of Saratoga and /or the Department of Motor
Vehicles of the State of California. 0
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• Section 13.3 -17. Sidewalks
require sidewalks to be installed on
pedestrian or other access pathways a
•
and Pathways. The Advisory Agency may
all streets of the subdivision, and
s may reasonably be required.
Section 13.3 -18. Driveway_ Approaches. There shall be a minimum of
one driveway approach to a lot, but no more than one driveway approach for
each forty feet of lot frontage for any lot intended to be developed for single -
family or two - family use. The subdivider may install continuous curbs, and
thereafter cut out the driveway approaches after the building plans for the
lot in question are completed, and all such approaches shall be subject to
the provisions of the improvement agreement and bond except in the case of
such approaches for which an encroachment permit has been issued under terms
of the encroachment permit ordinance of the City of Saratoga.
Section 13.4. Lots and Blocks.
Section 13.4 -1. Lot Areas. Each lot shall have an area, width,
frontage and depth equal to or greater than the minimums prescribed by the
Zoning Ordinance for the district in which the subdivision or the portion
thereof in question is situated, except where combined with a Planned Unit
Development district (PC), in which case the standards of such district shall
• be applicable. In controlling the design of subdivisions, the Advisory Agency
is empowered to require lots to be of an area, width, frontage or depth
greater than minimums as prescribed by the district, and-in the case of a
district combined with a Planned Unit Development district, to permit and
require the lots to be of area, width, frontage or depth less than such
minimums.
Section 13.4 -2. Lot Frontage on Public Streets and Access to
Public Streets. Except as provided in Section 13.3 -7, each lot shall have
frontage on an accepted public street or a public street offered for dedica-
tion to the City as a public.street. Each subdivision shall have direct
access by no less than one subdivision street to an existing public street
connected to the public street system of the City. Wherever the location or
the design of a subdivision is such that, in the opinion of the Advisory
Agency, more than one means of access from said subdivision to existing
public streets and the City's public street system is required, for the
protection of said subdivision from fire, flood, or other calamity and to
insure the accessibility of emergency vehicles and equipment to said subdi-
vision, the Advisory Agency shall have the power to require more than one
such means of access from such subdivision to the City's public street system
as a condition of approval, or in the alternative, to refuse to approve any
tentative subdivision map until such additional means of access are provided.
Section 13.4 -3. Lot Side Line. So far as practical, the side
lines of all lots shall run at right angles to the street upon which the lot
faces, or radial if the street is curved.
Section 13.4 -4. Block Lengths. Blocks shall not exceed one
.thousand two hundred feet, nor be less than eight hundred feet in length,
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unless thd'previous adjacent.layout or topographical conditions justify a •
variation from this requirement. At street intersections at angles of approxi-
mately ninety degrees, the block corner shall be rounded at the property line
to provide for safe traffic movement. The curve radius shall conform to the
radius ofjexisting corners at the same intersection where such radius is
greater than twenty feet. Street intersecting at an angle other than ninety
degrees shall be considered special cases and will be required to have suffi-
cient radius or cutoff to provide the same results as to traffic movement,
visibility and design as provided by the foregoing provisions.
Section 13.5. Public Service Easements. Easements shall be required
of sufficient size and location to meet the requirements of public and private
utilities and other services serving each proposed subdivision. Insofar as
practicable, all electrical and telephone public utility facilities shall be
located in the public street rights -of -way in the subdivision. The sidelines
of all easements shall be shown by fine dotted lines. If any easements already
of record cannot be definitely located, a statement of the nature thereof and
its recorded reference must appear on the title sheet. Distances and bearings
on the sidelines of the lots which are cut by an easement must be arrowed or
so shown that the map will indicate clearly the actual lengths of the lot lines.
The caidths of all easements and sufficient ties thereto shall be clearly labeled
and identified, and if already of record, its recorded reference given.
Section 13.6. Watercourses. In the event the subdivision or any
lot or parcel thereof is traversed or bordered by any watercourse, or any offi-
cial plan line of a watercourse, as the terms are defined by the Santa Clara
Valley Water District, and over which said Water District has jurisdiction,
then the subdivider may be required to dedicate an easement of reasonable
width thereover to said Water District for 'flood control and /or erosion con-
trol purposes. Where the subdivision or any lot or parcel thereof is or will
be traversed or bordered by any local drainage facility, or other watercourse
not under the jurisdiction of said Water District but under the jurisdiction
of the City, the subdivider shall offer to dedicate a fee simple interest or
easement of reasonable width in said drainage facility and over the property
in which it lies, said dedication to be to the City of Saratoga.
Section 13.7. Preservation of Existing Trees. No native, ornamental
or orchard trees required to be shown on the tentative map as per Section 12.4(V)
of this ordinance shall be removed or destroyed without a prior permit to do
so from the City Planning Director.
The above prohibition shall also apply for a reasonable time prior
to the actual filing of the tentative map, and no such trees shall be removed
or destroyed prior to said filing of said tentative map with the intent or
design to circumvent the requirements of this ordinance.
;-The Advisory Agency may refuse approval of any tentative map, and
revoke any previous approval of any tentative map already approved, upon the
violation of this section by the owner or subdivider.
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• Except as hereafter set forth in Section 13.7 -1, all such permits
shall be obtained in accord with Article IV of Chapter 8 of the Saratoga City
Code (Sections 8 -70 through 8 -77). All references in the City Code Sections
8 -76 to to Section 3.8 of Ordinance NS -5 shall instead mean Section 13.7 -1 of
this ordinance.
Section 13.7 -1. Automatic Tree Removal Permit. The approval of a
tentative map by the Advisory Agency shall automatically constitute a permit to
remove all such trees within all portions of all subdivision street rights -of-
way which are to be improved, and to remove such trees from the area of each of
the lots of said subdivision as designated by the subdivider to be covered by the
envelope of the proposed structure or structures to be erected on the site, and
the area of the proposed driveway on said site.
Section 13.8. Park and Recreation Dedication and Fees.
Section 13.8 -1. Purpose, Application and Exceptions. As a con-
dition to the final approval of each final subdivision map or parcel map,
and to be detailed in the conditions of tentative map approval, every sub-
divider shall be required to, and shall dedicate a portion of land, pay a
fee in lieu thereof, or a combination of both, at the option of City for the
purpose of providing park or recreational facilities reasonably related to
serving the subdivision and in accord with the standards and provisions as
hereafter set forth. The within provisions are enacted pursuant to Govern-
ment Code Section 66477 of the State of California and are hereby found to
be in accord with the definitive principles and standards of the General Plan
of this City and the recreational element of that plan. The following shall
be exempted from the provisions of this section.
(a) Subdivisions for commercial or industrial uses;
(b) Subdivisions of four or less lots and single lots and parcels,
save and except that it shall be a condition of each parcel
map that the requisite fee in lieu of dedication as hereafter
determined shall be required to be paid by the owner of each
parcel as a condition precedent to the issuance of any Build-
ing Permit issued within four (4) years from the date of
recordation of such parcel map;
(c) Any condominium project which consists in the subdivision of
air space of an existing multi -unit structure which is more
than five (5) years old, where no new dwelling units are
added thereto;
(d) Such other exceptions as may from time to time hereafter be
added to the Subdivision Map Act.
Section 13.8 -2. Standards and Formula for Land Dedication. It is
hereby found and determined that the public interest, convenience, health,
• welfare and safety require that five (5) acres of real property for each one
thousand (1000) persons residing within this City be devoted to park and
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recreational purposes. Where a park or recreational facility has been desig-
nated in the recreational element of the City General Plan and is to be located
in whole or in part within the proposed subdivision to serve the immediate or
future needs of the residents of such subdivision, the subdivider shall dedi-
cate land within the area of such subdivision for a local park consistent with
said recreational element. The amount of land (expressed in acreage) required
to be dedicated shall be based upon the average number of persons per dwelling
unit (average density /D.U.) divided by 200 (the quotient of 1000 persons per
five (5) acres) as demonstrated by the following table:
Type of Average
Dwelling Density /D.U.
Acreage /D.U.
to be Dedicated
Land Expressed in
Square Feet /D.U.
Single Family 3.7 .0185 806
Multiple Family 2.3 .0115 501
Section 13.8 -3. Fees in Lieu of Land Dedication. In the event
there is no park or recreational facility designated in the recreational ele-
ment of the General Plan to be located in whole or in part within the pro-
posed subdivision, or in the event that the proposed subdivision contains
fifty (50) or less lots or parcels, then the subdivider shall pay a fee to
the City in lieu of dedicating land, which shall be in an amount equal to
the fair market value of the amount of land which would otherwise be required
to be dedicated pursuant to Section 13.8 -2 hereof. "Fair market value" as
hereinabove set forth shall be either the average estimated fair market value
for all residentially zoned real property located in the City, or the fair
market value of the land in the subdivision based upon its then assessed value
modified to equal market value in accord with the current practices of the
Santa Clara County Assessor and as determined by the City Council, whichever
shall be the greater.
All fees collected hereunder shall be used only for the purpose of
providing park or recreational facilities reasonably related to serving the
subdivision by way of purchase of necessary land or, in the event the City
Council deems there to be sufficient land available for the subdivision, for
improving of such land for park and recreational purposes, or for both.
Section 13.8 -4. Requirement of Both Dedication and Fees. Both
dedication of a portion of land together with the payment of fees may be re-
quired in accord with the following criteria:
(a) Where only a portion of the land to be subdivided is proposed
in the recreation element oaf the on
Plan as a site for a local park or
recreational area, such portion shall be dedicated for local park purposes
and a fee computed pursuant to the provisions of Section 13.8 -3 hereof shall
be paid for any additional land that would have been required to be dedicated
pursuant to Section 13.8 -2.
(b) Where a major part of the local park or recreational area has
already been acquired by the City and only a portion of land is needed from
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the subdivision to complete the site, such remaining portion shall be dedicated
and a fee computed as hereinabove set forth shall be paid in an amount equal to
the value of the land which would otherwise have been required to be dedicated
for the balance thereof.
Section 13.8 -5. Subdivision Not Included in General Plan. Where
the proposed subdivision lies within an urban service area not yet shown and
delineated on the General Plan of the City, by reason of it not having been
a part of said City at the time of the adoption of said General Plan, but in-
tended to be included within said General Plan, the.subdivider shall dedicate
land, or pay a fee in lieu thereof, or both, in accord with the adopted park
and recreational principles and standards of the General Plan in accord with
the other provisions of these sections, and whether land dedication, or fee in
lieu thereof, or a combination of both shall be required, shall be determined
upon consideration of the following:
(a) Recreational element of the General Plan;
(b) Topography, geology, access and location of land in the
subdivision available for dedication;
(c) Size and shape of the subdivision and land available for
dedication;
• (d) Feasibility of dedication, and compatibility with the
recreational element of the General Plan.
Section 13.8 -6. Credit for Private Open Space. Where a private
open space for park and recreational purposes is.provided in a proposed sub-
division and such space is to be privately owned and maintained by future
residents of the subdivision, credit of not to exceed fifty (50) percent may
be given against the requirement of dedication for park and recreation pur-
poses or payment of fees in lieu thereof, provided that the Advisory Agency
finds that it is in the public interest to do so and that the following
standards are met:
(a) That yards, court areas, setbacks and other open areas required
to be maintained by the zoning and building regulations shall not be included
in the computation of such private open space; and
(b) That the private ownership and maintenance of the open space
is adequately provided for by written agreement, conveyance or restrictions; and
(c) That the use of the private open space is restricted for park
and recreational purposes by recorded covenants which run with the land in
favor of the future owners of property within the tract and which cannot be
defeated or eliminated without the consent of the City Council; and
(d) That the proposed private open space is reasonably adaptable
• for use for park and recreational purposes, taking into consideration such
factors as size, shape, topography, geology, access, and location of the pri-
vate open space land; and
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(e) That facilities proposed for the open space are in substantial.
accordance with the provisions of the recreational element of the General Plan,
and are approved by the City Council. Before credit is given, the City
Council shall make written findings that the above standards are met.
Section 13.8 -7. Limitation of Use of Land and Fees. Land and fees
received under these sections shall be used only for the purpose of providing
park and recreational facilities reasonably related to'serving the subdivision
for which received. In the event the Subdivision Map Act should in the future
be amended to expand or change the uses for which said land and /or fees may be
put, such purposes shall control and the above limitations shall thereafter be
no longer in full force and effect. At the time of approval of the final sub-
division or parcel map, the requisite body approving the same shall-designate
when development of the park or recreational facilities shall be commenced.
Section 13.9. Hillside Subdivisions.
Section 13.9 -1. Site Development Plan Required. Where the average
grade of any single lot, site or parcel, or of any one or more lots of a pro-
posed subdivision exceeds-ten (10) percent as determined by the Director of
Public Works, the applicant shall cause a site development plan of the lot,
site, parcel or subdivision in question to be prepared and filed at the time
of filing of the tentative map. In addition, where becadse of the peculiarity
of the terrain or of one or more changes of grade of the terrain, a site
development plan may be required although the average grade is less than •
ten (10) percent.
Section 13.9 -2. Data on Site Development Plan. Each site develop-
ment plan shall be delineated thereon, or be accompanied by, the following:
(1) A legible site plan showing locations of all streets, on-
street and off - street parking,,, bicycle paths, riding trails, hiking trails,
buildings and other man -made structures; areas of soil stability; planting;
typical architectural elevations sufficient to show building height, materials,
colors and general design; and a table listing land coverages by percentage
and acreage for the following: open space (landscaped and natural), coverage
by h'ousing unit roof and accessory structures` roof, parking (covered, un-
covered, off - street), streets, sidewalks, paths and recreational facilities.
�(2) A topographical map to be at a scale of not less than 1 inch
equals 100-feet showing contour lines existing prior to grading at an inter-
val of not more than five feet; a grading plan showing increments, color
coded, of all proposed cuts and fills; and a slope classification map show-
ing, again color coded, all lands which have less than 10% slope, all land
which has a slope between 10 -20 %, all land which has a slope between 20 -30 %,
all land which has a slope between 30 -40 %, and all land which has a slope in
excess of 40 %.
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r
• 0
• (3) A calculation of the slope percentage prepared by a Registered
Civil Engineer or a Licenses Land Surveyor, using the following formula:
AVERAGE SLOPE
S = .00229 I L
A
S = % slope (average)
I = contour interval in feet
L = aggregate contour lengths in scale feet
A = gross area of total property to be developed in acres
Section 13.9 -3. Standards of Hillside Development. Unless the
site, or the portion in question, lies in a slope conservation or other zoning
district in the City which has more restrictive regulations than hereafter set
forth, each site development plan shall-be in accord with the hereinafter set
forth development standards. In the event that the zoning district as above
noted in which the site lies shall have provisions more restrictive than as
hereafter set forth, then the more restrictive provisions of such zoning dis-
trict shall take precedence.
Subject to the foregoing, the development standards for hillside
subdivisions are as follows:
• (a) Minimum land area per dwelling unit shall not be less than "a"
as determined by the formula:
a =
1
1.089 - 0.01778S
where "S" is the average slope of the parcel in percent determined by the
following formula:
S = .00229 I L
A
and where "I" is the contour interval in feet,
"L" is the combined length of contour lines in scale feet, and
"A" is the gross area in acres of the parcel.
(b) The maximum number of dwelling units permitted _n a subdivision
or minor land division shall be determined by dividing the net land area by
the required minimum land area per dwelling unit, rounding down to the next
whole number.
Q.L. (c) No site shall be approved which bears an average slope of over
40% Except in a Planned Community zone, no hillside lot may be less than
• 40,0 square feet in area. Attached hereto as Table IV is a slope
Oct, gbN* AJ6 '
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density curve designed to graphically illustrate the application of the here- •
inabove set forth formula, giving the minimum land area per dwelling unit for
various percentage of average slope.
The above standards are subject to the exception provisions of
Section 15 hereof.
Section 13.9 -4. Approval of Site Development Plan. Where a site
development plan is required to be filed in accord with this section, no ten-
tative site approval nor tentative subdivision map approval shall be granted
by the Advisory Agency until tentative approval thereby of the site develop-
ment plan, which approval may be prior to or simultaneously with the approval
of the tentative map. At or prior to the filing of the final map with the
City for approval, a final site development plan shall be prepared and filed
with the building official, substantially in accord with the approved tentative
site development plan, and containing thereon all of the data required by
Section 7006(d), and, insofar as may be applicable, any data as required under
the provisions of Section 7006(e) and (f), of the then current edition of the
Uniform Building Code. Where a site development plan is required to be filed
in accord with this section, no final site approval nor final subdivision map
approval shall be granted by the City Council unless and until the final site
development plan is submitted to the Building Official and approved by him in
such a manner that he is ready on-request to issue a grading permit for said
lot, site or subdivision.
Section 13.9-5. Site-Development Plan as Part of Improvements. •
Where a final site development plan has been approved in accord with the fore-
going, it shall automatically become a part of the improvement plans for the
lot, site, parcel or subdivision in question, and shall be subject to the
provisions of Section 17.1 of this ordinance in relation to improvement agree-
ments and security, save and except as follows:
(a) There shall be no requirement that the site or sites in question
be developed within one year from date of final map approval, or within any
specified period of time, nor shall there be any requirement of maintenance,
as gtherwise required by Section 17.1;
(b) In the actual development of lots, sites or parcels of the
subdivision in question, the Advisory Agency shall have power to grant modi-
fications or deviations from the site development plan as to any off - street
work in the subdivision, upon application therefor, and subject to compliance
with all of the provisions of Article 5, Chapter 3, (Chapter 70, Uniform
Building Code) of the Saratoga City Code.
Section 13.9 -6. 'Policy on Lot Sizes. Approval of a site develop-
ment plan may require lots to be of a greater size than the minimums set forth
in the zoning district in which said lots are located whether due to features
of grade, topography, the probability of subjection to slides, inundation or
other hazards.
lei
IK-11
SECTION 14. IMPROVEMENT REQUIREMENTS.
Section 14.1. Improvement Standards Adopted. Except as otherwise
set forth in this ordinance, the standard specifications of the State Depart-
ment of Transportation dated January 1975, the "Saratoga Street and Storm
Drain Improvement Standards - 1974," and the "American Standard Practice for
Street and Highway Lighting," all of which standards are hereby incorporated
herein by reference, are hereby adopted as minimum design and improvement
standards for all streets, sidewalks, driveways, storm drain facilities, street
lighting, and other subdivision improvements in the City of Saratoga. Three
copies of each of said design and improvement standards, in pamphlet form,
have heretofore been filed for use and examination by the public in the Office
of the City Clerk of the City of Saratoga. In the event that there be any
conflict between the standards and specifications set forth in said pamphlets
and any of the standards or specifications specifically contained elsewhere in
this ordinance, the latter shall control.
Section 14.2. Improvement Plans. The subdivider shall cause plans
and profiles for all improvements to be prepared by a registered Civil Engineer
in accord with the design and improvement standards of this ordinance, which
plans and profiles shall be submitted to and approved in writing by the City
Engineer prior to the commencement of improvement work and prior to filing of
the final map. All improvements shall be constructed and completed under the
inspection of and to the approval of'the City'Engineer. Without limiting the
foregoing, and using Santa Clara County datum, said plans shall include typical
cross sections and proposed finished grades of all streets together with a pro-
file showing the relation between finished grade and existing ground elevations,
and the lengths, sizes, grades and type of all pipes, culverts and other structures.
Section 14.3. Storm Water and Sewage.
Section 14.3 -1. General. Subterranean storm drains shall be de-
signed and installed by the subdivider to adequately and safely drain all storm
waters of said subdivision, and all surface waters reaching or reasonably cal-
culated to reach said subdivision from areas outside of its boundaries, and to
ultimately drain the same to a natural watercourse. Drainage to a watercourse
shall be either by the direct discharge into the same, or by connection with
adjacent existing storm drains already discharging into a watercourse and
of a capacity sufficient, in the opinion of the City Engineer, to adequately
and safely carry all of such additional drainage.
The storm drain system shall consist of mains of not less than twelve
inches in diameter, together with such manholes, catch basins, laterals and
other structures, and at such grades,. as required by the City Engineer to
conform to good drainage requirements for the area and topography of the sub-
division to prevent standing or flooding waters within and outside of its
boundaries.
In addition, the subdivider shall comply with all reasonable condi-
tions of the Flood Control District as may be imposed by any permit legally
imposed by such district in order to discharge said waters into a watercourse.
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• •
Section 14.3 -2. Drainage into Adjacent Drains. Whenever a sub- •
divider proposes to drain the subdivision's storm and surface waters in
accord with Section 14.3 -1 to a watercourse by means of connection with and
use of existing drains outside of the subdivision rather than by the con-
struction of drains at his own cost and expense outside of said subdivision,
and if such adjacent drains and facilities have been dedicated to the public,
then as a condition of approval of such alternate method, the subdivider shall
be required to pay a reasonable charge to the City for the connection and use
of such outside public drainage system. Such cost shall in no event exceed
the estimated cost to the subdivider of constructing-independent exterior
drainage facilities to adequately carry such waters from the subdivision to
the nearest accessible natural watercourse.
Section 14.3 -3. Oversize Drain -- Reimbursement. Whenever in the
opinion of the Advisory Agency it is necessary that oversize drains, laterals,
or other facilities for storm drainage be installed by the subdivider which
can or will be used for the benefit, immediate or future, of property not in
the subdivision, the subdivider shall be required to install such facilities
in excess of the requirements for his subdivision alone, and the City shall
enter into a contract with the subdivider to collect the excess of costs of
the oversize or additional facilities from all persons in the future using the
same for the benefit of property not in the subdivision, and to pay such collec-
tions of excess costs to the subdivider as received. Said agreement may provide
for a time limit beyond which no such collection shall be made for said oversize
drainage facilities, but in no event to be less than ten years.
Section 14.3 -4. Sanitary Sewers. The subdivider shall connect said
subdivision and each of the lots thereof to the facilities of such sanitation
or sanitary district as has jurisdiction, by the installation of such additional
mains and laterals as is necessary in the opinion of the Health Officer to ade-
quately sewer the same by sanitary sewers. In the event the subdivision or any .
part thereof is not within the boundaries of a sanitation or sanitary district,
the Advisory Agency may require annexation to or otherwise inclusion in such a
district as a condition of tentative map approval. Sanitary sewers shall be
installed to grades, standards, location, design, lengths and sizes, as approved
by the Sanitation Engineer for the district having jurisdiction, and in accord
with all laws and regulations of said district. Other than as might be permitted
under the provisions of Section 15 hereof, disposal of sanitary sewage may not
be by septic tank methods, or any other method other than by connection to a
sanitary sewer system.
Section 14.4. Water. The subdivider shall construct a complete
water system including mains, valves, fittings, blowoffs, fire hydrants and
other appurtenances and sttuctures adequate to provide water supply for domes-
tic or commercial use and for fire protection in conformity with the standards
established by the Board of Fire Underwriters of the Pacific. Water mains
shall conform to the design criteria of Rule 103 of the Public Utilities Com-
mission, and the grades, location and sizes shall be approved by the City
Engineer. The location of fire hydrants shall be as determined by the Fire
Chief of the district or department serving the -area in which the subdivision •
is located. °
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• •
Section 14.4 -1. City Financed Water Facilities -- Reimbursement.
Whenever the City has caused, or is causing, by virtue of contract with the
San Jose Water Works or other water utility, the construction of domestic or
commercial main water lines running into the service area of the lot, site
or subdivision in question, and where the City has paid, by advance or other-
wise, sums to the water utility to cover the cost of such construction in ex-
cess of such portion of said cost as will be refunded (in accord with such
applicable main extension rules of the utility as are approved by the
California Public Utilities Commission), then in lieu of constructing such
water mains, subdivider may connect to such existing main or mains as will
service the area in question, but shall be required'to pay to city a prorata
share of such excess in cost over amounts otherwise refundable to City, as
the frontage of the lot, site or subdivision lots which will use said water
main or mains bears to the total existing or prospective frontage serviceable
by said main or mains.
Section 14.5. Street Lights. Street lights may be required at
the discretion of the Advisory Agency.
Section 14.6. Trees. The subdivider shall plant trees on each lot
and maintain them for a minimum of one year after planting. The number of
trees, spacing, materials, planting methods and standards are set forth in
Table III hereof. All such trees shall be of the variety and type as shall
from time to time be established by resolution of the Planning Commission.
Any such trees which may be planted in a street right -of -way shall constitute
encroachments subject to removal in accord with Saratoga's encroachment per-
mit ordinance.
Section 14.7. Fencing Along Maior Streets and Watercourses. When-
ever the side or rear property line of any lot or lots is adjacent to a major
street, highway, freeway or expressway, as set forth in Section 13.3 -5 hereof,
or borders a watercourse, the Advisory Agency may require the subdivider to
install decorative walls or fences separating the lot or lots therefrom. The
subdivider shall be required to landscape the area between such wall or fence
and any major street, highway, freeway or expressway, and.shall cause the
wall or fence design and landscaping plan to be prepared as a part of the im-
provement plans, which design and plan shall be subject to the approval of
the Advisory Agency.
Section 14.8. Dead -End Street Landscaping. Where dead -end streets
are approved, standard street barricades shall be constructed by the subdivider
at the ends thereof. In addition, where in the opinion of the Advisory Agency
said streets will not be extended within one year from estimated completion of
improvements, the subdivider may be required to plant and landscape the two -
foot strip granted the City in accord with Section 13.3 -3 hereof as part of
the street improvements.
Section 14.9. Cash Deposit in Lieu of Permanent Improvement of
.Bordering Streets. Whenever the City Engineer determines that any street or
frontage road, or any part thereof, bordering any part of a subdivision (as
set forth in Section 13.3 -9 hereof) need not be improved to full City standards
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L`
at the time -the subdivider constructs the other improvements of the subdivi-
sion, in lieu of installing said permenent improvements the subdivider may
be required to install temporary improvements and deposit with the City the
cash difference between the estimated cost of temporary improvements and the
estimated cost of the permanent improvement of the same, such cash deposit
to be made prior to find.l acceptance of improvements.
Section 14.10. Bordering Street Reimbursement. Whenever all or
any portion of the subdivision borders or fronts on an existing subdivision
street improved or to be improved by another subdivider subject to a reim-
bursement agreement in accord with Section 1.3.3 -4 hereof, the subdivider shall
be required to pay to the City to the account of the other subdivider actually
improving said street, a pror.a.ta share of the cost of such street in lieu of
constructing the same as part of said subdivider's own subdivision improvements.
Such costs shall in no event exceed one -half of the total cost of said border-
ing subdivision street.
Section 14.11. Underground Utilities. All public utility systems
and service facilities therefor, including without limitation all electrical
and telephone distribution or transmission facilities,-and also all telegraph
and all CATV distribution or transmission facilities, if any, installed in
and for the purpose of providing service within the subdivision, shall be
located and installed underground and insofar as practical shall be located
in the right -of -way of public streets, with a junction box for each lot of
the subdivision designed to carry the service drops underground to each ser-
viced building or structure. The subdivider shall make any necessary cost and
other arrangements with each of the public utility companies involved for the
installation of underground facilities and for the relocation of existing over-
head facilities on the tract, and in conformance with the respective operating
company's rules and regulations then on file with and approved by the State of
California Public Utilities Commission.
Excepted from the foregoing are the following:
(1) Transformers, pedestal mounted terminal boxes, meter cabinets
and concealed ducts may be situated above ground if they are used solely for
the purpose of providing service within the subdivision and are used solely
in connection with the underground transmission or distribution lines; and
(2) Poles supporting electricity transmission lines, and the
electricity transmission lines supported by such poles, may be situated above
the surface of the ground if the voltage carried by such lines is more than
12KV and such lines are not connected to any distribution line situated within
the subdivision and do not in any way serve any part of the subdivision;
(3) Poles supporting street lights, and the electrical lines within
said poles, may be situated above the surface of the ground.
Section 14.12. Supplemental Improvements and Reimbursement Agreements.
In addition to the several more specific provisions above set forth, the subdivider
may be required to install improvements for the benefit of the subdivision with
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supplemental size, capacity or number so as to in addition benefit property
not within the subdivision and to dedicate or offer to dedicate such additional
improvements for public use. In.the event of the imposition of such a condi-
tion, the City shall enter into an Agreement with the subdivider to reimburse
him for that portion of.the cost of such improvements equal to the difference
between the amount it would have cost to install such improvements to serve
the subdivision only, and the actual cost of such improvements. Said reim-
bursement agreements may provide for any one-or more of the methods set forth
in Government Code Section 66487 (a), (b) and (c) to provide funding for the
reimbursements for said excess cost, and in the event a local benefit district
be established in accord with Government Code Section 66487(c) for the levy
and collection of charges from benefited property. Prior to establishing the
boundaries of such area there shall first be held a public hearing by the City
Council noticed in accord with Government Code Section 66451.3, as well as
written notice by regular mail to be given to the subdivider and to all persons
owning property within the proposed area of benefit, as shown on the latest
equalized assessment roll, all of which notices shall be at least ten (10)
days prior to the date established for said hearing, and at said hearing the
Council shall be required to find that the fee or charge for the area of bene-
fit or local benefit district be reasonably related to'the cost of such supple-
mental improvements and to the actual ultimate beneficiaries thereof.
Section 14.13. Miscellaneous Requirements. The subdivider shall
place redwood headerboards or the equivalent thereof along the longitudinal
• lines of streets not required to be currently paved to their full width, and
shall cause the name of the cement contractor and the date of all work to be
stamped on all curbs, and shall cause an "S" mark to be stamped on the curb
face over the location of each sewer lateral connection.
In addition to all the provisions of this part, the Advisory Agency,
on the recommendation of the City Engineer, may require special improvements
or structures to be constructed other than as specifically enumerated herein
in order to carry out the purpose of this ordinance and as may be reasonably
required by the circumstances of each case.
SECTION 15 EXCEPTIONS TO DESIGN AND IMPROVEMENT F:EQUIREMENTS.
Section 15.1. Exception Matter of Grace. The exceptions herein-
after set forth are a matter of grace and not a matter of right.
Section 15.2. Power to Grant Exceptions. The
shall have power to authorize conditional exceptions to a
quirements of Section 13 hereof and the improvement requi
hereof. Any subdivider seeking such exception shall file
therefor with the Planning Director at any time prior to
Advisory Agency on the tentative map, and at any time up
after the approval or disapproval of such tentative map.
fully state all grounds of the application and all facts
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Planning Commission
ny of the design re-
rements of Section 14
a written request
the action of the
to fifteen (15) days
The request shall
relied on. The
0 0
Planning Commission ma grant such exceptions if it shall find that there are
special circumstances oo conditions affecting said property, or that the ex-
ception is necessary for the preservation and enjoyment of the substantial
property rights of the petitioner, and in either event that the granting of
the exception will not be materially detrimental to the public health, safety
or welfare or injurious to other property in the territory in which said sub-
division is located. In _granting such exceptions, the Commission may desig-
nate such conditions in connection therewith as will, in its opinion, substan-
tially secure the objectives of the regulations to which the exceptions are
granted.
SECTION 16. STATEMENT OF POLICY.
The City Council hereby finds that it is impractical to establish
a more precise set of standards and rules than herein set forth that would
be applicable to every proposed subdivision on a completely equitable basis,
and must therefore vest certain discretionary powers to deal with particular
situations in individual experts in the field involved. Each subdivision
shall be considered in relation to the General Plan and any specific plan
affecting the area wherein the property of the proposed subdivision is located.
Not as a mandate, but as a statement of future policy on all matters concerning
the design and improvement of sites and subdivisions, the following shall gen-
erally not be approved:
(a) The subdivision of any area subject to slides, inundation or •
other hazards, where the same are not capable of being protected against by
the imposition of reasonable engineering or other conditions;
(b) A subdivision of gridiron design, or a subdivision having
double frontage lots.
(c) Cul -de -sac, dead -end, or other street not having a means of
secondary access, where such street services more than 15 lots or building
sites.
SECTION 17. IMPROVEMENT AGREEMENTS, SECURITY AND INSURANCE.
Section 17.1. Improvement Agreement. If all the improvement work
has not been satisfactorily completed before the final map is filed for
approval, the owner or owners of the subdivision shall enter into a written
agreement with the City specifying that within one year (or such other period
of time as agreed upon by the parties) such owner shall complete all such
improvement work in accord with this'ordinance and the improvement plans and
specifications theretofore submitted to and approved by the City Engineer,
and that said owner or owners shall maintain and keep said improvements in
good condition and repair for an additional period of one year from date of
satisfactory completion.
The City Council by minute order or resolution shall establish the
date of satisfactory completion after certification of the same t.) it by the go
City Engineer.
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1 0 0'
• Said agreement shall in substance provide:
(a) That if the subdivider shall fail to complete said improvements,
or to maintain them, in accord with its terms, the City may complete the same
and recover the full cost and expense thereof from the subdivider;
(b) For the inspection of all improvements by the City Engineer and
the reimbursement to the City of all costs of inspection;
(c) For the furnishing of a one - hundred percent (100 %) cash or surety
bond or bonds securing the faithful performance by the subdivider with all the
terms of said agreement, together with a one - hundred percent (100 %) cash or
surety labor and material bond or bonds;
(d) For the indemnification of the City, its Councilmen, officers,
boards, commissioners and employees from claims of any nature arising or result -
ing from the performance of any acts required by the City to be done.in accord
therewith, in form acceptable to the City Attorney;
(e) For-the furnishing of liability and property damage insurance
as hereinafter specified;.
(f) For the payment to the City of a fee in accord with the schedule
of storm drain fees set forth in Table I hereof to be deposited by City in its
storm drain fund, if applicable, and
(g) As consideration for the foregoing and any other provisions of
said agreement,. the agreement by City to accept the streets, storm drains and
easements in which they lie at such time as the subdivider has fully complied
with all the terms o-f said agreement and has satisfactorily completed his one
year period of maintenance.
In addition to the foregoing, said agreement may contain such other
and further terms, covenants, conditions or provisions as the parties agree
upon.
Section 17.2. Improvement and Labor and Material Bonds. The sub-
divider shall furnish and file with the City a good and sufficient cash or
corporate surety bond or bonds in an amount not less than one - hundred percent
(100 %) of the estimated cost of completion of said improvements as determined
by the City Engineer, conditioned upon full compliance with this ordinance
and the terms of said improvement agreement by the subdivider, and in form
substantially in accord with Government Code Section 66499.1. Said bond shall
remain in full force and effect at all times until the expiration of one (1)
year after satisfactory completion of all improvements, and thereafter until
all deficiencies in construction, maintenance and repair have been rectified
and final acceptance of all improvements made by the City Council. Wherever a
failure to perform under said agreement has not been satisfactorily rectified
-by the subdivider or his surety within thirty (30) days after notice to the
surety at the offices of its authorized representative, the City at its optign
may thereafter, without further notice, declare said bond forfeited and .cause
all required construction, maintenance or repair to be done.
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In addition, the subdivider shall furnish and file with the City a •
good and sufficient cash or corporate surety labor and material bond in an
amount of not less than one hundred percent (100 %) of the estimated cost of
completion :of said improvements, in form substantially in accord with
Government Code Section 66499.2, to secure payment to all. contractors, sub-
contractors, laborers, ma.terialmen and other persons employed in the per-
formance of the work of installing and completing said subdivision improvements.
Section 17.3. Public Liability and Property Damage Insurance. No
final map shall be presented for approval or be approved until the subdivider
files with the City Clerk a certificate or policy of public liability and
property damage insurance in form satisfactory to the City Attorney providing
public liability insurance limits in the amounts of not less than one hundred
thousand dollars ($100,000.00) for each person and three hundred thousand
dollars ($300,000.00) for each accident or occurrence, and property damage in-
surance limits of not less than fifty thousand dollars ($50,000.00) wherein
the City and in their capacity as such, its Councilmen, officers, boards,
commissions and its employees will be insured, indemnified and held harmless
from and against any and all claims of any kind or nature arising or resulting
from the construction of said improvements or other work and /or arising or
resulting from or concerning the doing or failure to do by said subdivider of
all things required to be done by the subdivider under the terms of the improve-
ment agreement. Said insurance shall include .a completed operations endorsement
to cover a period of not less than one (1) year after date of satisfactory com-
pletion of improvements, and shall provide for non - cancellation without ten (10)
days prior written notice to City of intention to cancel.
SECTION 18. FINAL MAPS -- SUBDIVISION - -FIVE OR MORE LOTS.
Section 18.1. In General. The form and content of.final maps shall
be in accord with the provisions of Article 2 of Chapter 2, Division .2 of
Title 7 of the Government Code of the State of California (Sections 66433
through 66443) and 'in addition shall comply with all of the provisions of
this section. Final maps not submitted in accord therewith will not be con -
sidereet for approval.
Section 18.2. Filing of Final Map with City Engineer. Within a
period of eighteen (18) months after approval or conditional approval of the
tentative map of a subdivision, or within such additional extension of time
not exceeding one (1) year as granted by the Advisory Agency, or the City
Council on appeal, the subdivider shall cause the proposed subdivision to
be accurately surveyed and a final map to be prepared substantially in accord
with the tentative map as approved, and cause a minimum of three (3) copies
of such final map, and with any and all alterations and changes required
thereto, to be filed with the City Engineer for his approval. Said filing
must be at-least fifteen (15) working days prior to the City Council meeting
at which action for approval of said map is desired by the subdivider. At
the time of filing of the final map with the City Engineer, the subdivider
shall also file concurrently therewith the following: •
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• (A) A traverse sheet, giving latitude and departures, showing the
mathematical closure, within the allowable limits of error, of the exterior
boundaries of the tract in all cases in which said boundaries are irregular or
in which the tract is laid out in irregular blocks, and of the exterior bound-
aries of all irregular lots and blocks;
(B) Plans, profile, details and specifications for improvements
conforming to all ordinances of the city and to the requirements of Section 14.1
hereof which must show full details of all improvements and shall be to a scale
of forty (40) or fifty (50) feet to the inch horizontal and four (4) or five
(5) feet to the inch verticle;
(C) A detailed estimate of quantities and costs of the proposed
improvements for approval of the City Engineer;
(D) A title guarantee by a reputable title company doing business
in the County of Santa Clara, showing the names of all persons whose consent
is necessary for the preparation of said map and for any dedication to public
use, and their interests therein, certified for the benefit and protection of
the City of Saratoga that the persons therein named are all of the persons
necessary to give clear title to the streets and other easements therein to
be offered for dedication;
(E) Two copies of all proposed covenants, conditions and restrictions
.(CC &Rs), or a statement in writing signed by the subdivider that no such re-
strictions will be established;
(F) Instruments prohibiting traffic over the side or rear lines of
any street or other public way when and if the same is required under
Section 13.3 -5 hereof.
(G) Such deeds, offers of dedication or other instruments affecting
or conveying title or any interests in land as are required under the terms of
conditional approval of the tentative map;
(H) A statement that all applicable fees required by Table I hereof
have been paid to the City Clerk.
The City Engineer shall examine the final map and accompanying data
and shall determine:
(a) Whether the subdivision is substantially the same as sh3wn on
the tentative map with only approved alterations thereof;
(b) Whether all conditions of tentative - approval have been completed,
or if incomplete, are matters which are includable in a regular or deferred sub-
division improvement agreement with the City;
(c) Whether the Map Act, all provisions of this ordinance and all
other applicable provisions of law have been complied with; and
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(d) Whether said map is technically correct.
Upon the City Engineer's determination that conformity with the
foregoing has been made, he shall execute the City Engineer's certificate on
said final map.
Section 18.3. Form of Final Map and Data to Appear Thereon. The
final map shall conform with all of the following provisions:
(A) TITLE AND SUBTITLE OF MAP.- The title sheet shall contain the
tract designation as approved by the Planning Commission and the tract number.
Below the title sheet shall appear a subtitle giving a general description of
the property being subdivided by reference to the maps which have previously
been recorded or by reference to the plat of the United States survey. In case
the property included within the subdivision lies wholly in the City of Saratoga,
the following words shall appear below the title, "In the City of Saratoga;"
if partly in the City of Saratoga and partly within another incorporated City
or the County, the following words shall be used, "Lying partly in the City of
Saratoga and partly in the City or County of ," naming the city or
county as the case may be. Reference to tracts and subdivisions in the des-
cription must be spelled out and worded identically with original records, and
references to book and page of record must be complete.
(B) DISTANCES AND BEARINGS. Sufficient data to determine readily
the bearing and length of every lot, line, block line and boundary line. Di-
mensions of lots shall be given as total.dimensions, corner to corner, and
shall be shown in feet and hundredths of a foot. Lots containing one -half acre
or more shall show total acreage to nearest thousandth. The map shall show the
,basis of bearings and lengths of straight lines and radii, and arc lengths for
all curves as may be necessary to determine the location of the centers of
curves and tangent distances of right -of -way curves at centerline.
(C) BOUNDARY REFERENCES AND MONUMENTS. The map shall show clearly
what stakes, monuments (type and size) or other evidence found on the ground
to determine boundaries of the subdivision. The adjoining corners of all ad-
joining subdivisions shall be identified by lot and block number, tract desig-
nation and place.of record, and proper ties therewith. It shall show the loca-
tion and description of all monuments found or placed in making the survey for
proper reference and data sufficient for relocation and retracing of any-and
all exterior boundary lines and lot and block lines. Wherever the City or
County Engineer has established the centerline or a street adjacent to or in
the proposed subdivision, the data shall be shown on the map indicating all
monuments found and with reference to field book or map. If the points were
reset by ties, the course and detail of relocation data shall be stated.
(D)
ADDITIONAL INFORMATION.
(1) The map shall show the line of extreme high water in case
the subdivision is adjacent to or traversed by a stream, or other body of water
and shall also show each area, if any, subject to periodic inundation by water.
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•
• (2) The subdivision boundary shall be designated by a Prussian
blue border one - eighth (1 /8th) inch in width applied inside the boundary line
to the reverse side of the tracing and the front of the blue linen print. Such
border shall not obliterate figures or other data.
(3) The centerlines and side lines of all streets, and total
width thereof, and the widths of each side of the centerline, and widths of
any portion of a street being dedicated, the width of existing dedications,
and the widths of any railway flood control, drainage channel or other rights -
of -way shall be shown.
(4) The map shall show all easements of record, or easements to
be recorded, to which the lots will be subject. Such easements must be clearly
labeled and identified if already of record, and record reference given. If
any easement is not definitely located of record, a statement of such easement
must appear on the map. All easements other than for streets shall be denoted
by fine broken lines and designated as to type. Easement widths, and the lengths
and bearings of the lines thereof together with sufficient ties thereto shall
be set forth to definitely locate the easement with respect to the subdivision.
(5) City boundary lines which bound, adjoin within one hundred
(100) feet, or cross the subdivision shall be clearly designated and referenced.
(6) Lot numbers shall begin with the number "1" and shall continue
• consecutively throughout the subdivision with no omission or duplications except
that lot numbers in subsequent contiguous subdivision units may expand the num-
bering sequence of the previous unit providing the commercial name of the sub-
division remains unchanged. Each block shall be shown on one sheet when possi-
ble. Where adjoining blocks appear on separate sheets, the street adjoining
both blocks shall be shown on both sheets complete with centerline and property
line data. All letters and figures within the subdivision shall be conspicuous
and solid.
(7) The map shall particularly define and designate all lots and
parcels, including those reserved for private purposes, all parcels and ease -.
ments offered for dedication for any purpose, with all the dimensions, boundaries
and courses clearly shown and defined in each case. Ditto marks shall not be used.
(8) All street names including those designated by numbers, and
including the words "Avenue," "Boulevard," "Place," etc., shall be spelled out
in full.
(9) The map shall also show and delineate all other data that is
or may be required by other provisions of this ordinance or otherwise by law.
(E) CERTIFICATES ON FINAL MAP. Each final map shall contain the
requisite Owner's Certificate (Government Code Section 66436), City Clerk's
Certificate (Government Code Section 66440), Engineer'.s Certificate (Government
Code Section 66441), City Engineer's Certificate (Government Code Section 66442),
• County Recorder's Certificate, and such other certificates as may hereafter be
required by the Map Act. The form of each of said certificates shall be as
from time to time established by resolution of the City Council.
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the Owner's Certificate shall include offers of dedication of all
streets and other easements shown on the final map intended for any public use,
except those parcels of land which are intended for the exclusive use of the lot
owners in the subdivision, their licensees, visitors, tenants and employees,
which private streets and other private easements shall be specifically desig-
nated as such on the map.
Unless otherwise established by resolution of the City Council, it
is the present policy of the city not to accept offers of dedication of streets,
storm drain easements or other easements requiring improvement by the subdivider
at the time of approval of the final map, and only accepting the same after the
completion of all improvements and a period thereafter of not less than one (1)
year's maintenance by the subdivider, and of agreeing to accept them at such
future date in consideration of other covenants and agreements of the owners
of said land which normally will be contained in a regular or deferred subdivi-
sion improvement agreement.
Section 18.4. Filing of Final Map. When all certificates required
on the final map (except the certificate of the County Recorder and the approval
certificate of the City Clerk) have been executed, said final map may be filed
with the City Clerk for action by the City Council. No final map shall be
accepted for filing by the City Clerk unless, in addition to the above, the
following is complied with:
(a) Not less than five (5) nor more than ten (10) -days will elapse
between the date of filing and the next regular City Council meeting; 0
(b) The final map is accompanied by:
(1) A blue line print thereof;
(2) The approved improvement plans signed by the City Engineer;
(3) Two copies of the City's standard (or deferred) form of
improvement agreement executed by the owner or owners of the subdivision, together
with two executed copies of each labor and material and improvement bond, as re-
quired by Sections 17.1 and 17.2 hereof, the requisite monument bond guaranteeing
payment of the cost of setting monuments (Government Code Section j66496), and
County certification that the requisite tax bond has been posted (Government Code
Section 66493), and such other agreements and bonds as may from time to time be
required by law.
(4) The insurance policy or certificates required by Section 17.4
hereof; and
(5) All documents and matters previously submitted to the City
Engineer under Sections 18.2(A) through 18.2(H) hereof;
(c) All required fees by the subdivider have been paid.
Any delivery of a final map to the City Clerk or any receipt by the
City Clerk of a final map, other than in accord with the provisions of this
5911:15
A
•
•
• section shall not be considered an acceptance for filing nor a filing of said
map with the city for any purpose, unless notwithstanding such ineffective fil-
ing the City COUncil'thereaftc r actually takes action thereon to approve or
disapprove the map in accord with Section 18.5 hereof.
Section 18.5.• Action on Final Map. The City Council shall at its
next meeting or within a period of not more than ten (10) days after such fil-
ing, approve or disapprove the final map. At the time of approval the Council
shall accept or reject all offers of dedication, and may reject all such offers.
If the map does not conform with all local ordinances applicable at the time of
approval of the tentative map and all rulings made thereunder, the Council may
disapprove said map, or may conditionally approve it, said approval to be un-
conditional at such time as, within which, such map is made to comply with such
ordinances and regulations. The City Council shall have power to waive, modify
or substitute uncompleted conditions at the time of final approval.
Upon disapproval of any final.map, the City Council shall return said
map to the subdivider together with a written statement setting forth the rea-
sons for such disapproval.
Upon approval by the Council becoming unconditional, the City Clerk
shall sign and affix the City seal to the Clerk's certificate attached to said
map and shall cause the said map to be delivered to the Director of Public Works
who in turn shall cause the same to be recorded in accord with the Map Act.
No map will. have any force or effect until unconditionally approved
by the City Council, and no title to-or interest in any property described in
any offer of dedication on the final map which is accepted by the Council shall
pass until recordation of said map.
Within ten (10) days after recordation of the final map, the subdi-
vider at his own expense shall furnish the City Clerk with one blue line print,
and shall furnish the City Engineer with one mylar transparency of the recorded
map and approved improvement plans and three paper copies of the recorded map
and approved improvement plans.
Section 18.6. Rescission of Rejection of Dedication Offers. If at
the time the final map is approved any offers of dedication of easements shown
thereon are rejected (in addition to streets, paths, alleys or storm drainage
easements which are already provided for under Government Code Section 66477.2),
the offers of dedication not accepted shall not terminate, but shall remain
open and the City Council may by resolution at any later date, and without any
further action by the subdivider, rescind its action and accept one or more of
such offers of dedication of easements for public use, which resolution shall
be recorded in the office of the County Recorder of Santa Clara County. With-
out limitation the foregoing is intended to apply to public service easements,
sanitary sewer assessments, slope easements and reserve strips. Any such offer
of dedication not so accepted shall remain open until accepted or until aban-
doned by resolution of the City Council.
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L,
SECTION 19. REVERSION TO ACREAGE.
Section 19.1. General Procedure. Subdivided real property may be
reverted to acreage pursuant to the provisions of Government Code Sections
66499.11 through 66499.20, as presently existing or as hereafter amended.
Such final map shall be conspicuously designated with the title "The purpose
of this map is a reversion to acreage." At the time of filing of the petition
the applicant shall pay a fee for processing such reversion to acreage as more
particularly set forth in Table I attached hereto, and in the event the amount
of said fee is insufficient to pay the costs of publication of notice and other
costs and expenses incurred by the City in processing said application, the
applicant shall pay any excess costs over and above the amount of said fee
prior to final action by the City Council on the application. Within ten (10)
days after the recordation of the final map, one mylar transparency and three
paper copies of the recorded map shall be filed by the applicant with the City
Engineer.
I
INIM
•
• ARTICLE THREE: SITE APPROVAL - FOUR OR LESS LOTS
SECTION 20. APPLICATION.
Section 20.1, In General. This Article is intended to control the
design and improvement of subdivisions of four or less lots, and single lots
or parcels not directly subject to Article Two of this ordinance, and to require
building sites and parking areas to be subject to reasonable conditions govern-
ing surface and subsurface drainage and support, sewage disposal, grading, mini-
mum access or public streets for regular and emergency vehicles, fire protec-
tion, adequate parking, and such other matters as may in each case be reasonably
necessary to eliminate unreasonable risk to the site, its intended occupants and
its surrounding property of fire, flood, avalanche or other calamity. It shall
also be applicable to subdivisions of five or more parcels that are otherwise
exempt from subdivision map approval by virtue of Government Code Sections
66426 (a), (b), (c) and (d), and shall also be applicable to any other or future
exemptions from subdivision map regulations that may hereafter from time to time
be created by the State Legislature.
Section 20.2. Applicability of Provisions of Article Two. The
provisions of Sections 12.5 and 13 through 17 of Article Two are hereby re-
ferred to and made applicable to lots, sites and subdivisions of four or less
lots, except as may hereinafter be modified by the provisions of this Article.
Whenever "subdivision" is referred to in Article Two, the same shall include
"lot" and "site" when applied to this Article Three.
SECTION 21. SITE APPROVAL REQUIRED.
No person shall sell, or lease for a period in excess of ten (10)
years, or finance, any subdivision of four or less parcels, or of five or more
B� parcels otherwise exempt from the provisions of Article Two hereof, or construct
or move onto any lot or site any building or other structure, or pave any site
for offstreet parking where the paved area does or will exceed 1000 square feet.,
nor,shall any building permit be issued for the erection, construction or im-
provement of the-same, until final site approval therefor has been granted by
the Advisory Agency in accord with this Article and an approved parcel map has
been recorded with the Santa Clara County Recorder, save and except therequire-
ments of this Article Three shall not be applicable to any of the following
which are exempt from such provisions:
(a) Where the identical site is shown as a lot on a final approved
subdivision map recorded within fifteen (15) years prior to the date of appli-
cation for a building permit;
(b) Where final site approval for the identical lot or site has pre-
viously been obtained from the City within fifteen (15) years prior to the date
of application for building permit, in accord with such ordinance requiring
site approval as was in effect at that time, and the requisite record of survey
• or parcel map is of record evidencing such site approval;
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(c) Where the site already has a main structure existing thereon, •
which was erected in conformity with all laws and ordinances applicable at the
time of its erection, and where the contemplated construction consists of any
one or more of the following:
(1) The addition to or expansion of the main structure where
such does not increase the floor space under roof by 50% or more of the amount
of floor space under roof immediately prior to such expansion. For the pur-
poses of this exception, any expansion or addition shall be considered as
equalling or exceeding the above 50% limit where the work of construction or
improvement is done at different time intervals requiring two or more building
permits, within a period of five (5) years after completion of the first im-
provement, where although each is for a project encompassing an addition of
less than 50% of increased floor space, but which when combined with other ex-
pansions during said five (5) year period of time increase the amount of floor
space under roof by 50% or more of that amount which existed immediately prior
to the commencement of the first of the several additions or expansions;
(2) The construction of any separate accessory structure or
structures thereto-entirely on the same site. For the purpose of this exception,
a parking area of 1000 square feet or more shall not be construed as an acces-
sory structure qualifying for an exemption;
(3) The reconstruction of a main or accessory structure which
has been destroyed by fire, Act of God, or of the public enemy, or other
calamity, and restoration is started within one (1) year from such destruction •
and diligently pursued to completion.
(d) Any division caused by a conveyance for the purpose of adding
land to one parcel b"y deducting it from another contiguous parcel, where such
does not reduce the site area of the parcel from which such portion is taken
below the minimum area, frontage, width or depth prescribed for the zoning
district in which said parcel is located, nor reduce any of the required yard
spaces surrounding any structure or use on such parcel below the minimums pre-
scribed for such zoning district.
In the event that any one or more of the above set forth exemptions
(a) through (d) would otherwise be required to have a parcel map recorded under
Government Code Sections 66428 unless the same be waived, the above set forth
exemptions shall be deemed to constitute a waiver as to said exemptions only.
SECTION 22. PROCEDURE - TENTATIVE MAPS.
Section 22.1. Form and Filing. Application for site approval
under this part shall be in writing on forms approved by the Advisory Agency,
shall be accompanied by sixteen (16) copies of a tentative map, and one trans-
parency, and filed with the Advisory Agency. It shall contain all inform at.ion
required by Article Two hereof for tentative maps of subdivisions of five or
more lots,save and except that the Advisory Agency shall have discretion to.
accept such maps and applications with less information supplied thereon or .
therewith.
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Section 22.2. Action on Tentative Maps. The Planning Director shall
check the application and map for completeness of in required thereon
and therewith, and if complete shall accept the same for filing. Action on the
tentative map for site approval and the power of the Land Development Committee
as the Advisory Agency to approve, conditionally approve or disapprove the same,
shall be the same as set forth in Article Two hereof for subdivisions of five
or more lots.
Action taken by the Advisory Agency in approving or conditionally
approving a tentative map shall remain in full force and effect for eighteen
(18) months from date of such approval, unless extended or renewed by further
action of the Advisory Agency or the City Council on appeal, which e- tensions
in no case may be for any period exceeding one (1) year.
SECTION 23. STANDARDS AND CONDITIONS.
Section 23.1. General Requirements. All the requirements and provi-
sions of Sections 13 and 14 of Article Two relating to the subdivisions of five
or more lots shall be applicable to all lots and sites under this part, with the
following qualifications:.
(a) On tentative approval the Land Development Committee shall speci-
fically make final approval conditional.on compliance with such of the foregoing
• requirements as it deems particularly applicable to each such case. The purpose
of this provision is not to lessen the mandate of the subdivision design and im-
provement standards and regulations as applied to site approval, but rather to
aid the smaller subdivider and lot owner by pointing out which of the require-
ments are applicable to his lot or lots. Failure to expressly condition.final
approval on compliance with any regulation otherwise applicable shall not relieve
the subdivider of compliance with such regulation.
(b) The Land Development Committee may impose reasonable conditions
in addition to the foregoing as each situation necessitates, governed by the
particulars of each case and in order to protect the public health, safety or
general welfare.
Section 23.2. Minimum Access Streets.
Section 23.2 -1. Minimum Access Streets Required. Where the lot,
size or subdivision of four or less lots does not front on a public street or
existing minimum access street, and where the Advisory Agency allows the same
to front on a minimum access street, site approval shall be conditioned on the
improvement of such minimum access street to required standards. This provi-
sion is intended to require not only the construction of a minimum access street
where the site does not front on any such access street or road, but also to
require the improvement of any existing substandard access street or road on
which the site fronts or which otherwise is used as al.l or any part of the path
of the minimum access street. Where a lot is a corridor lot, and fronts on a
public street by means of a corridor, site approval shall be conditioned upon
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the improvement of such corridor to the standards of a minimum access street. •
:!either a minimum access street nor a corridor may connect to a public street
at any portion of the turnaround space of a cul -de -sac.
Section 23.2 -2. Pro -Rate of Construction Costs. Where the required
minimum access street will border or pass through other property not owned by
the applicant, the City shall require any person seeking site approval of all
or any portion of such bordering property within ten (10) years thereafter who
will be using such minimum access street for access to a public street, as a
condition of such site approval to pay to the site owner having first con-
structed the minimum access road a prorata share of the actual cost of con-
struction of such improvement. At the request of the applicant, the City shall
enter into a written agreement with the applicant embodying the provisions of
the within section.
The prorata share to be paid shall be determined by dividing the
actual construction costs of the minimum access street (or in the case of
bringing a substandard access street up to minimum standards, the costs of
such improvements) by the total number of potential building sites which will
border on or otherwise have access over the access street and which are un-
approved building sites at the time of the first improvement to a minimum
access street, and multiply the cost per building site thus obtained by the
number of sites for which approval is sought.
Section 23.2 -3. Exceptions. The Advisory Agency shall have power,
in cases of undue hardship, to permit variances or deviations from the above •
set forth minimum access road and construction costs proration requirements,
whether due to circumstances of unusal topography, inequality of economic bur-
den on landowners, or such other circumstances as are found in the exercise
of reasonable discretion to require a deviation.
Such variances or deviations shall be a matter of grace only, and
if granted may be on such conditions as the Advisory Agency may impose. Wherever
a variance is sought to decrease the width of the right -of -way and /or the paved
surface of a minimum access street to less than the minimums required by this
ordinance, by reason of applicant's lack of ownership of an easement or right-
of-way of sufficient width to meet such standards, such variance, if granted,
shall be conditioned as follows: that the applicant pay cash to the City of
Saratoga in an amount equal to the estimated cost to the City of acquiring, by
purchase or eminent domain, of such right -of -way to the width of a minimum
access street, plus the cost of improving the same to such width beyond the
improvement width to be constructed by applicant. The aforesaid cost estimates
shall be as determined by the City Engineer as projected to a time of not less
than five (5) years from date of the variance. The aforesaid payment to the
City shall not impose upon the City any obligation'or liability to acquire
such additional width, nor to improve the same, at any time, save and except
that if the City has not commenced action to acquire such right -of -way as a
public street and to improve the same within fifteen (15) years, then and in
that event the aforesaid funds paid to said City and on deposit shall be re-
turned to the applicant.
INTAI
• Section 23.3. Improvement Agreement, Security and Insurance. If
conditions of tentative approval require the construction of improvements which
are not completed prior to application for final site approval, the owner or
owners shall enter into a written agreement with the City, secured by sufficient
cash or corporate surety bond or bonds, agreeing to complete said improvements
within such time as set by the City Council, and which agreement may include
maintenance for a period of one (1) year after completion of those improvements
as are offered for dedication to the public. All or any part of the improvement
agreement, improvement security, and insurance requirements of Section 17 of
Article Two of this ordinance may be required upon final approval prior to
completion of all improvements.
SECTION 24. FINAL SITE APPROVAL - PARCEL MAP.
Section 24.1. Application. Within eighteen (18) months after approval
or conditional approval of the tentative map by the Advisory Agency, or within
such further extension of time as may have been granted by the Advisory Agency
or by the City Council on appeal, application for final approval shall be made
by filing the following with the Planning Director: -
(a) A parcel map prepared in accord with all requirements of the
Subdivision Map Act (Government Code Sections 66444 through 66450) and in sub -
stantial accord with the approved tentative map or the applicable unit or units
• thereof, and which shall disgrammatically.show thereon the fulfillment of all
conditions of tentative approval which may be evidenced on such parcel map, in-
cluding all required offers of dedication to the public of rights -of -way, ease-
ments or other interests in land. In the event a parcel or record of survey
map is already of record, which at the time of its recordation was prepared and
recorded in accord with the then - prevailing laws regulating parcel or record of
survey maps, and which parcel or record of survey map otherwise qualifies as being
substantially in accord with the approved tentative map, a new parcel map need not
be recorded and in lieu thereof a copy of said parcel map certified by the Santa
Clara County Recorder as being a true and correct copy of the original parcel map
on file in his offices shall be filed;
(b) A preliminary title report issued within ten (10) days from date
of filing by a reputable title company doing business in Santa Clara County,
issued to or for the benefit of the City and showing all parties having any
interest in the land;
(c) Where any required improvements have not been completed, two
copies of the City's standard (or deferred).form of improvement agreement
executed by all owners, the deposit in duplicate of the required cash or exe-
cuted improvement bond, a complete set of any required improvement plans signed
by the City Engineer, and any required policy or certificates of liability and
property damage insurance;
(d) Satisfactory written evidence of payment of all required fees,
• and of compliance with all other conditions-of tentative approval. The Advisory
Agency may require such evidence to be in the form of letter, declaration under
penalty of perjury, or affidavit.
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Section 24.2. Action on Parcel MajR: If the applicant has complied
with all of -the foregoing provisions, the Planning Director shall place the
matter on the agenda for the next regular Planning Commission meeting occurring
not less than five (5) days thereafter, and the Planning Commission shall there-
upon at such next regular meeting grant, conditionally grant, or deny final site
approval. -If a parcel or record of survey map of the identical parcel is not
already of record, and final site approval is granted or conditionally granted,
the Planning Director shall certify the same on the face of said parcel map and
cause it to be delivered to the Director.of Public Works for recordation.
Section 24.3. Conditional Final Site Approval. Whenever the appli-
cation is for a division into four or less parcels,_(or is for a division into
five or more parcels which is otherwise exempt from the provisions of Article
Two of this ordinance) but the purpose of such division is not for the immediate
construction of improvements on the parcels or any one or more thereof, the
Planning Commission may grant final approval but defer compliance with such of
the imposed conditions as relate to the building upon such lot or lots, to an
indeterminate time in the future, and not require compliance therewith until the
time of obtaining a building permit or actual commencement of construction with-
in such period of time. Such parcel map approval shall be deemed conditional
final approval. As to such conditions the usual one (1) year period of required
completion shall not be set forth'in the improvement agreement, and a deferred
improvement agreement form shall be applicable, which shall be executed and
acknowledged in form sufficient for 'recording. The certificate on the parcel
map shall provide that there still remains certain conditions precedent to the
buildability of the lot or lots.in question, but failure to so indicate shall •
not estop the City from enforcing compliance with all such conditions and with
the deferred improvement agreement relating thereto. Upon compliance with all
deferred improvements the site approval shall become final without further
action by the Planning Commission save and except that upon request of the appli-
cant or his successor in interest, the Advisory Agency shall cause to be pre-
pared and recorded a subsequent certificate stating that such approval has be-
come final and all conditions have been complied with.
SECTION 25. PRE - EXISTING SUBDIVISION OR SITE APPROVAL.
Where the lot, site, subdivision or any part thereof is already of
record on a final approved subdivision map, or -a record of survey or parcel
map recorded as part of a prior final site approval (but site approval thereof
is required because the lot, site or subdivision does not come within the
exception of Section 21(a) or 21(b) hereof because of the expiration of the
time limits therein set' forth), if the application is for the identical lot,
site or subdivision or park thereof as already shown of record, no new tenta-
tive map need be prepared, and no new parcel map need be prepared and recorded.
The existing recorded map shall qualify as both the tentative and final parcel
map required under the provisions of this Article Three, but all the other
regulations hereof shall be applicable thereto. Except for the filing fee
and any fees to agencies other than the City, credit shall be given against
the prevailing rate of all other fees in an amount equal to all such comparable
•
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•
• fees theretofore paid to the City of Saratoga at the time of processing the
previous subdivision or site approval for the lot, size, subdivision or por-
tion thereof in question.
SECTION 26. SUBDIVISION TLW IN LIEU OF PARCEL MAP - OPTIONAL.
Nothing herein contained shall prevent the subdivider from processing
any subdivision of four or less lots, or of five or more lots otherwise exempt
from the provisions of Article Two hereof, exclusively under the provisions of
Article Two of this ordinance in lieu.of securing site approval under this
Article Three, at the subdivider's option.
The above and foregoing ordinance was regularly introduced on the
day of 1975, and after the waiting time required by
law was thereafter passed and adopted this day of 1975,
by the following vote:
AYE S:
NOES:
ABSENT:
ATTEST:
CITY CLERK
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MAYOR
TABLE I - FEES •
Pursuant to Section 4 of Article One of this Ordinance, the following
constitutes the scheduling, amounts and applicability of fees, all of which
fees, unless otherwise specifically provided, shall be paid to the City at
the offices of the City Clerk, in-cash or by check.
(A) FILING FEES.
The fee on filing a tentative map shall be as follows:
(1) Subject to the limitation of subparagraph (2) following, the sum
of $200.00 for a subdivision of up to 25 lots, plus an additional $4.00 per
lot for every lot over 25. If additional tentative maps covering the same
tract or revisions of the initial map are filed, no additional fee need be
paid, but if land other than, or in addition to, that shown on the initial
map is included in such additional map, such map shall be considered as a
map of a new subdivision, and an additional fee of $200.00 for up to 25 lots,
and $4.00 per lot for each lot in excess of 25 shall be paid for such map.
(2) The sum of $30.00 per lot for every lot, site or subdivision of •
4 or less lots under Article Three of this ordinance.
(B) SERVICE FEE -- PUBLIC HEALTH.
(1) For an unsewered subdivision of five lots or more where
each lot is less than one acre in area to and including the fifth
acre or major portion thereof, per acre . . . . . . . . . . . . . . $12.00
Thereafter, per acre (or major portion thereof) . . . . . . . . 2.50
(2) For an unsewered subdivision of five or more lots where
each lot is one acre or larger in area:
(a) For the first five lots . . . . . . . . . . . . . . 14.00
(b) For each lot in excess of five lots . . . . . . . . 2.50
(3) For any unsewered lot, site or subdivision of four or
less lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.00
(4) For a sewered lot, site or subdivision one dollar ($1.00)
per lot not to exceed . . . . . . . . . . . . . . . . . . . . . . . 25.00
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•
• (C) SERVICE FEE -- IMPROVEMENT PLAN, CHECKING AND INSPECTION.
The inspection fee to be paid on filing of improvement plans shall be a
percentage of the estimated cost of the improvements as determined by the City
Engineer excluding any cost of constructing sanitary sewers and /or public:
utilities, computed on the following schedule:
For
the
first $10,000.00 . . . . . . . . . .
. . . . 8.0%
For
the
next $10,000.00 . ... . . . .
. . . . 6.0%
For
the
next $30,000.00 . . . .. . . . •.
.. . . 4.5%
For
all
improvements over $50,000.00 . . . .
. . . . 2.5%
Upon payment of said fee, the City Engineer will assume full jurisdiction
over the inspection of construction of the improvements after the subdivider's
engineer has set alighnment and grade stakes in accordance with accepted en-
gineering practice. Upon satisfactory completion of improvements, the City
Engineer will certify to the City Council that the improvements have been com-
pleted in accordance with this ordinance. If the actual cost of the improve-
ment is less than the estimated cost, the balance of the fee remaining shall
be refunded to the subdivider. If the actual cost of the improvement exceeds
the estimated cost, the subdivider shall pay such additional fee before final
acceptance.
Accurate cost data based upon contract unit prices and final quantities
shall be submitted to the City Engineer by the subdivider within ninety (90)
• days after construction is completed. If this provision is not complied with,
there shall be no refund of any fees to the subdivider. Anything to the con-
trary hereinabove notwithstanding, in no event will the amount of the original
fee, less any refund, be less than the actual cost of inspection services pro-
vided by the city based on time, materials, equipment and overhead.
In the event that the cost data furnished by the subdivider shows the
actual cost of the improvements to be less than the estimated cost, any re-
fund due thereby shall not be computed or paid until the expiration of sub -
divider's maintenance time of said improvement.s and the correction of any and
all deficiencies in construction and maintenance, and the final acceptance of
said improvements by the city.
(D) SERVICE FEE - FINAL MAP CHECKING.
The map checking fee shall be the sum of $35.00 for the first lot of each
final map or parcel map, plus the sum of $15.00 per lot for each additional lot
iip to and including five lots, and thereafter the sum of $5.00 per lot for each
additional lot of six or more. In the event additional map checking is required
of the City Engineer's office due to any changes, modifications, additions,
omissions or discrepancies occasioned by the subdivider or his engineer, the
subdivider shall pay an additional fee, which fee shall be equal to the actual
cost to the city occasioned by the additional map checking, said actual cost
to be determined by the City Engineer, less the amount of the fees theretofore
• paid. s
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(E) STORiM,PRAINAGE FEES. •
The within fee's are not imposed as a condition of final map approval nor
pursuant to Government Code Section 66483 of the State of California, but
rather as part of the consideration for the City accepting, or agreeing to
accept, offers of dedication of streets, storm drainage and other public ser-
vice easements rather than require the same to remain the private obligation
of the developer. All applicable storm drainage fees shall be paid at the
time of filing for final map or site approval, and shall be as set forth in
the following schedule:
Zoning District Fee
A . . . . . . . $450 per lot
R- 1- 10,000 . . . . . . . $250 per lot
R- 1- 12,500 . . . . . . . $275 per lot
R -1- 15,000 $300 per lot
R -1- 20,000 . . . . . . . $350 per lot
R -1- 40,000 . . . . . . . $450 per lot
PD . . . . . . . Same as fee for the district
with which planned unit
development is combined.
RM and PA
Districts . . . . . . . ' $1,000 per gross acre
C and M
Districts . . . . . $1,200 per gross acre •
Churches, schools and other noncommercial conditional uses in all zones shall
pay a storm drainage fee of $600 per gross acre. Public utilities and other
quasi commercial conditional uses shall pay a storm drainage fee of $1,000
per gross acre.
In all events no less than 25% of the fee computed in accord with the
above schedule shall be paid to the City. Credit will then be allowed against
the remaining 75% of the fee for the cost to the subdivider of all out -of-
tract drainage facilities and all over -sized in -tract drainage facilities
constructed by the subdivider as part of the improvements and offered for
dedication to the City. The credit allowed for the cost of these facilities
will be based upon the schedule of storm drain construction costs adopted by
resolution of the City Council.
Credit shall be given on any site approval of any.single lot or site or
subdivision of four or less lots for any_fee previously collected for the
identical lot, site or subdivision on a previous final map or site approval.
(F) STREET LIGHTING FEE.
In the event the subdivision improvements include the installation of
street lights, the subdivider shall pay a street light service and energy fee
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•
•
• equal to the connection fee plus the service fee, to cover three (3) years of
service based upon the then current Pacific Gas & Electric rate schedules.
•
(G) APPEAL FEE.
The fee for filing an appeal in accord with Section 9.1 or 9.2 of this
ordinance shall be the sum of $30.00
(H) OTHER FEES.
The fire hydrant rental (service) fee shall be as from time to time
established by the Fire Protection or other Fire District having jurisdiction.
The recording fee shall be actual cost to the city of recording, and subdivider
shall deposit an amount equal to the estimate of such fees with the Director of
Public Works.
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