HomeMy WebLinkAboutOrdinance 398, Readopting and Amending Chapter 14-Subdivisions ORDINANCE NO. 398
AN ORDINANCE READOPTING AND AMENDING CHAPTER 14
OF THE SARATOGA CITY CODE - SUBDIVISIONS
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
I. The City of Saratoga wishes to readopt and amend Chapter 14 of the City Code
concerning subdivisions in order to establish objective standards, conform with state law,
remedy internal ambiguities, clarify existing requirements, codify staff interpretations,
omit redundant terms and provisions, and amend grammatical and other errors.
2. The City Council of the City of Saratoga held a duly noticed public hearing on December
6, 2023, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof and thereafter
adopted this ordinance on December 20, 2023.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is amended by readopting and amending the text of Chapter 14 —
SUBDIVISIONS with the text set forth in Attachment 1.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 3. California Environmental Quality Act
The proposed amendments to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA
applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA.
In this circumstance the amendments to the existing City Code address codifying existing
practices and conforming to existing laws and would have a de minimis impact on the
environment.
Ordinance 398
Page 2
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 6th day of December, 2023, and
was adopted by the following vote on December 20, 2023.
AYES: COUNCIL MEMBERS FITZSIMMONS, PAGE, WALIA, VICE MAYOR
AFTAB, MAYOR ZHAO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Yan Zlrao, Mayor
ATTEST:
LA�
Britt Avrit, MMC, City Clerk
APPROVED AS TO FORM:
DATE:
1 �
Richard Taylor.
CITY ATTORNEY
Ordinance 398
Page 3
Chapter 14
SUBDIVISIONS
Article 14-05 GENERAL PROVISIONS
14-05.010 Authority and citation.
This Chapter is adopted to supplement and implement the State Subdivision Map Act, as contained in Title 7,
Division 2(commencing with Section 66410)of the Government Code.This Chapter may be cited as the
Subdivision Ordinance of the City.
14-05.020 Purposes of Chapter.
The purposes of this Chapter shall be to promote and protect the public health, safety, and general welfare,
including the following more specific purposes:
(a) To regulate and control the division of land and the development of single undivided sites within the
City.
(b) To implement and supplement the provisions of the State Subdivision Map Act with respect to the
design and improvement of subdivisions,the form and content of maps, and the procedures to be
followed in securing approval by the City of such maps.
(c) To promote orderly growth and development, preservation of open space,and proper use of land.
(d) To provide for adequate services and public facilities and proper traffic circulation.
(e) To implement the goals and policies of the City's General Plan and any applicable specific plan.
(Amended by Ord. 221§2(part), 2003)
14-05.030 Conformity with General Plan and Zoning Ordinance.
(a) Nothing contained in this Chapter, nor any act or forbearance done or permitted hereunder,shall waive or
relieve compliance with any other ordinance of the City. Final map approval shall not be granted for any lot,
site or subdivision which is not in conformity with applicable objective standards set out in the Zoning
Ordinance as contained in Chapter 15 of this Code, or which has been or is created in violation of such Zoning
Ordinance,or which is not consistent with objective standards set out in the General Plan or any applicable
specific plan, or for any intended use which would not be in conformity with the zoning district regulations in
which said lot,site,or subdivision lies at the time of final approval.
(b) The Planning Commission may, but need not,tentatively approve a tentative or parcel map for lot sizes or
uses contrary to existing zoning regulations governing the lot,site or subdivision, in contemplation of a
change in zoning regulations to make such lots or uses conform therewith, but only after recommending
such change to the City Council after public hearing thereon in accord with applicable law, and so long as the
proposed map is consistent with the General Plan and any applicable specific plan.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 change in zoning regulations is legally and finally adopted.
(Amended by Ord. 221§2(part), 2003)
Ordinance 398
Page 4
14-05.040 Designation of advisory agency.
(a) The Planning Commission is hereby designated as the advisory agency for all decisions and determinations
under this Chapter.
(b) There is hereby delegated to the Planning Commission the power to approve, conditionally approve or
disapprove tentative maps,together with extensions and modifications thereof,the power to determine
consistency or lack of consistency of a proposed tentative map with the General Plan and any applicable
specific plan,and without limiting the foregoing,the power to make the determinations prescribed in
Sections 66473.5,66474, and 66474.6 of the Subdivision Map Act.
(Amended by Ord. 221§2(part), 2003)
14-05.050 Fees and deposits.
Each applicant for any approval or other action pursuant to this Chapter shall pay to the City such fees and
deposits as established from time to time by resolution of the City Council, at the times required by such
resolutions or if not so specified,at the time or times determined by the Community Development Director.
The Community Development Director shall maintain and make available to the public a checklist of
applicable fees and the required times for paying each.The applicant shall also pay to the City,at such time
as specified by the Community Development Director any fees and costs as may be charged by other public
agencies for the review of any application,drawing, plan,or other document submitted pursuant to this
Chapter which is furnished by the City to such other agencies for comment or approval.
(Amended by Ord. 221 §2 (part), 2003)
14-05.055 Indemnification of the City; liability insurance.
(a) The approval of any application pursuant to this Chapter shall be subject to a condition that the applicant
shall, upon the City's request,defend, indemnify, and hold the City and its officers, officials, boards,
commissions, employees, and volunteers harmless from and against any claim, action or proceeding to
attack,set aside,void or annul the approval,or any of the proceedings, acts or determinations taken, done
or made prior to such approval. If a defense is requested,the City shall give prompt notice to the applicant of
any such claim, action or proceeding,and shall cooperate fully in the defense thereof. Nothing herein shall
prevent the City from participating in the defense, but in such event,the City shall pay its own attorney's fees
and costs and defend the action in good faith.
(b) Whenever an approval granted pursuant to this Chapter authorizes or requires any construction, installation,
alteration, or grading work to be performed,whether on public or private property,the applicant shall
furnish to the City:
(1) A written agreement to defend, indemnify and hold the City and its officers, officials, boards,
commissions,employees,and volunteers harmless from and against any and all claims, demands,
actions,expenses,or liabilities arising from or in any manner relating to the performance of such
construction, installation, alteration,or grading work by the applicant or by anyone acting on the
applicant's behalf;and
(2) When required as a condition of the approval, a policy or policies of liability and other insurance
coverage in accordance with the applicable insurance standards of the City, as established from time to
time by resolution of the City Council.
Ordinance 398
Page 5
14-05.060 Exclusions from Chapter.
This Chapter shall not apply to any of the following:
(a) The financing or leasing of apartments,offices,stores,or similar space within apartment buildings,
industrial buildings, commercial buildings, mobile home or trailer parks,or the financing or leasing of
existing separate commercial or industrial buildings on a single site.
(b) Mineral,oil,or gas leases.
(c) Land dedicated for cemetery purposes under the State Health and Safety Code.
(d) The construction,financing, or leasing of dwelling units pursuant to Section 65852.1 of the Subdivision
Map Act or an accessory dwelling unit,as defined in Chapter 15, but this Chapter shall be applicable to
the sale or other transfer of ownership of such units where the sale or transfer does not include the
entire site.
(e) Subdivisions of a portion of the operating right-of-way of a railroad corporation,as defined by Section
230 of the Public Utilities Code,that are created by short-term leases(terminable by either party on
not more than 30 days' notice in writing).
(f) Any division,conveyance,development,financing, or leasing of land by the City.
(g) Land conveyed to or from a governmental agency, public entity(other than the City)or public utility, or
land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way,
unless it is determined by the Community Development Director that the public interest or public
policy requires the application of this Chapter to such conveyance.
(h) Any other division of land excluded pursuant to the Subdivision Map Act.
(Amended by Ord. 221§2(part), 2003;Ord. 245 §2(Att.A)(part), 2006)
(Ord. No. 348, § 1(Att.A, §4), 1-18-2017)
Article 14-10 DEFINITIONS
14-10.005 Application of definitions.
The definitions set forth in this Article shall be applied throughout this Chapter, unless the context or the
provision clearly requires otherwise.
14-10.010 Abutting.
"Abutting" means having property lines in common.
14-10.020 Advisory agency.
"Advisory agency" means the official body charged with the duty of making investigations and reports on
proposed subdivisions, imposing requirements or conditions thereon, and having the authority to approve,
conditionally approve,or disapprove maps.The advisory agency shall be the Planning Commission,as designated
in Section 14-05.040 of this Chapter.
(Amended by Ord. 221§2(part), 2003)
Ordinance 398
Page 6
14-10.030 Alley.
"Alley" means a public way permanently reserved primarily for vehicular service access to the rear or side of
properties otherwise abutting on a street.
14-10.040 Block.
"Block" means any lot or group of contiguous lots on one side of a street and lying between intersecting
streets, railroad rights-of-way,waterways,or unsubdivided land.
14-10.050 City Engineer.
"City Engineer" means such person designated by the Public Works Director as being responsible for the
duties to be performed by the City Engineer under the provisions of this Chapter.
14-10.052 Design.
"Design" means:(1)street alignments,grades and widths; (2)drainage and sanitary facilities and utilities,
including alignments and grades thereof;(3) location and size of all required easements and rights-of-way;(4)fire
roads and firebreaks;(5) lot size and configuration; (6)traffic access; (7)grading;(8) land to be dedicated for park
or recreational purposes;and (9)other specific physical requirements in the plan and configuration of the entire
subdivision that are necessary to ensure consistency with, or implementation of,the general plan or any applicable
specific plan as required pursuant to Section 66473.5 of the Map Act.
14-10.054 Development.
"Development" means the uses to which the land which is the subject of a map shall be put,the buildings to
be constructed on it,and all alterations of the land and construction incident thereto.
14-10.060 District.
"District" means a zoning district established under the provisions of the Zoning Ordinance.
14-10.070 Driveway.
"Driveway" means a private roadway servicing a single site,the use of which is limited to persons residing or
working on the site and their invitees, licensees, and business visitors,which provides access to off-street parking
or loading spaces on the site.
14-10.080 Emergency access.
"Emergency access" means a minimum access street which is gated or otherwise closed to regular use by
vehicular traffic and intended for use by vehicular traffic only in the event of emergency.
14-10.090 Final map.
"Final map" means a map showing a subdivision for which a tentative and final map is required by the Map
Act or this Chapter, prepared and approved in accordance with the provisions of the Map Act and this Chapter and
designed to be recorded in the office of the County Recorder.
(Amended by Ord. 221 §2(part), 2003)
Ordinance 398
Page 7
14-10.100 [Reserved]
(Amended by Ord. 14-10.110 Frontage.
"Frontage" means the property line of a site abutting on a street. In the case of a corner lot,the frontage
shall be that property line with the shortest dimension of the lot abutting on a street the designation of which
does not result in the creation of a nonconforming lot with respect to frontage,width,or depth.
(Amended by Ord. No. 272, §2(exh.A),9-16-2009)
14-10.120 General Plan.
a..
"General Plan" means the current General Plan as adopted by the City pursuant to the requirements of the
Government Code and any specific plan applicable to the site.
14-10.125 Geotechnical clearance.
"Geotechnical clearance" means a written acknowledgement from the City Engineer indicating that:
(a) The applicant has identified all geological and geotechnical hazards and constraints present on the
site..
(b) The applicant has evaluated those hazards and constraints identified in subsection(a)of this Section
which would affect the proposed development of the site or impact adjacent properties, as required by
the City Engineer and City Geotechnical Consultant. Identification and evaluation shall be pursuant to
the methods set out in California Geological Survey Special Publications 117A and 42 and California
Geological Survey Note 49 .
(c) The applicant has developed appropriate measures to avoid and/or mitigate those hazards and
constraints evaluated in subsection(b)of this Section as provided in the publications referenced
therein.
(d) The applicant has paid all fees associated with the City Geotechnical Consultant's review of the
application.
Geotechnical clearance does not constitute and shall not be construed as constituting an approval or
entitlement of any form or type.
(Ord.71.100§1, 1991)
14-10.130 Health Department; Health Officer.
(a) Health Department means the County Department of Public Health.
(b) Health Officer means the County Director of Public Health or any other person duly authorized to act on
behalf of the County Director of Public Health with respect to matters set forth in this Chapter.
14-10.140 Hillside subdivision.
"Hillside subdivision" means a subdivision of land having a lot slope of ten percent or greater.
Ordinance 398
Page 8
14-10.150 Improvement.
"Improvement" refers to any street work and utilities to be installed,or agreed to be installed, by the
subdivider on the land to be used for public or private streets, highways,ways, and easements,as are necessary
for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a
condition precedent to the approval and acceptance of the final map thereof.
"Improvement"also refers to any other specific improvements or types of improvements,the installation of
which,either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local
agency, or by a combination thereof, is necessary to ensure consistency with, or implementation of,the general
plan or any applicable specific plan.
14-10.150 Lot.
"Lot" means a parcel of land consisting of a single lot of record.
(a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as recorded in the
office of the County Recorder, or a legally created parcel of land described by metes and bounds or
shown on a map of a subdivision,which has been so recorded.
(b) Corner lot means a lot situated at the intersection of two or more streets,or bounded on two or more
connected sides by street lines.
(c) Interior lot means a lot other than a corner lot.
(d) Flag lot means a lot having access to a street by means of a private driveway or corridor of land not
otherwise meeting the applicable regulations of the Zoning Ordinance for site width.The length of a
corridor access shall be measured from the frontage line to the nearest point of intersection with that
property line parallel or most nearly parallel to the frontage line.
(e) Hillside lot means a lot having a lot slope of ten percent or greater.
(f) [Reserved]
(g) Reversed corner lot means a corner lot,the side lot line of which is substantially a continuation of the
front lot line of the first lot to its rear.
(h) Double frontage lot means an interior lot having frontage on two parallel or approximately parallel
streets.
(Amended by Ord. No. 294, § 1.13.1.,9-5-2012)
14-10.160 Lot line.
"Lot line" means any boundary of a lot.
(a) Front lot line means,on an interior lot,the lot line abutting a street,or, on a corner lot,the lot line
abutting a street designated as the frontage in accordance with Section 14-10.110, or,on a double
frontage lot,the lot line abutting the street providing the primary means of access to the lot, or,on a
flag lot,the interior lot line most parallel to and nearest the street from which the means of access is
obtained, except that where the average width of a flag lot exceeds its average depth and the longer
dimension is considered the depth,the front lot line will be the property line from which the front yard
is measured. Width shall mean approximately parallel to the street;depth shall mean approximately
perpendicular to the street. For irregularly shaped parcels,average lot depth and width shall be
computed using the following formula and as shown in Figure 1, below:
Ordinance 398
Page 9
1. Divide the front and rear property lines(to measure depth)or the side property lines(to
measure width)to create eleven(11)equally-distanced points across the lot(including the endpoints
of each line).
2.Connect the points on the front property line to the corresponding point on the rear property
line(to measure depth)or the points on each side of the property(to measure width)and measure the
eleven distances between the property lines.
3.Average the eleven distances to find the width or depth.
Figure 1
Near
I j i i 1 11 i' r
i
F
1 + it
' + r
.i
i
✓' ,f + 1 r 1
Frar
(b) Rear lot line means the lot line not intersecting a front lot line which is most distant from and most
closely parallel to the front lot line.A lot bounded by only three lot lines will not have a rear lot line.
(c) Side lot line means any lot line which is not a front or rear lot line.
(d) Interior lot line means any lot line not abutting a street.
(e) Exterior lot line or street lot line means any lot line abutting a street.
14-10.170 Lot line adjustment.
"Lot line adjustment" means the relocation of an existing lot line between four or fewer existing adjoining
lots,where the land taken from one lot is added to an adjoining lot and where a greater number of lots than
originally existed is not created. (Amended by Ord. 229§2(part), 2004)
Ordinance 398
Page 10
14-10.170.a Lot slope.
"Lot slope" means the average slope of the lot determined by the following formula, and rounded to the
nearest whole percent:
Average = .002291L
slope A
Where: I = Contour interval in scale feet (at
intervals of not more than five feet)
L = Combined length of contour lines in
scale feet
A = Lot area expressed in acres
14-10.180 Map Act.
"Map Act" means the State Subdivision Map Act as contained in Title 7, Division 2 (commencing with Section
66410)of the Government Code.
14-10.190 Means of access.
"Means of access" is a street, right-of-way,easement,or other thoroughfare providing ingress to and egress
from any site to a street.
14-10.200 Parcel.
"Parcel"means a single unit of land.
14-10.210 Parcel map.
"Parcel map" means a final map for four or fewer lots or reversion to acreage pursuant to this Chapter.
(Amended by Ord. 229§2(part), 2004)
14-10.220 Plan line.
"Plan line" means the boundaries and limits of a planned right-of-way, including the future right-of-way of an
existing street as it is proposed to be widened or extended,and including all lands necessary for the building,
widening or maintenance of any road,street, alley, or any other type of public right-of-way.
14-10.230 Property line.
"Property line" means any boundary of a lot or parcel.
14-10.240 Remainder.
"Remainder" means that portion of an existing parcel which is not included as part of the subdivided land.
The remainder must be shown on the required maps for the subdivision, except as otherwise provided in Section
66434(e)of the Map Act.
Ordinance 398
Page 11
14-10.250 Right-of-way.
"Right-of-way" means a strip or area of land used,or reserved or intended for use, as a street, road or alley,
or to provide pedestrian, bicycle,or equestrian access, or public utility service,or any combination thereof, and
includes all and any part of the entire width or other area of a designated right-of-way,whether or not such entire
width or area is actually used for street, road, alley, pedestrian, bicycle,equestrian or utility purposes. "Right-of-
way" includes access, pedestrian, bicycle, equestrian and utility easements.
(a) Public right-of-way means a right-of-way owned by the City or any other public entity or public utility.
(b) Private right-of-way means a right-of-way owned by and for the benefit of one or more persons,
including a right-of-way offered for dedication to the City or to any other public entity which has not
been accepted and on which no improvements or maintenance has regularly been performed by the
City or other public entity.
(c) Railroad right-of-way means a strip of land on which railroad tracks,spur tracks,sidings,switching
equipment and signals are located, and includes the entire width or other area of the designated right-
of-way,whether or not the entire width or area is actually used for such railroad facilities.
14-10.260 [Reserved]
14-10.270 [Reserved]
14-10.280 [Reserved]
14-10.290 Street.
"Street" means a right-of-way for motor vehicle travel providing a means of access to two or more sites.
(a) Public street means a street owned and maintained by the City,the County, or the State,including
streets offered for dedication which have been regularly maintained or improved by the City,the
County, or the State.
(b) Private street means a street in private ownership and used or intended for motor vehicle travel by the
owners of the street and persons having express or implied permission from the owners to use such
street.
(c) Street line means the boundary of a street right-of-way.
(d) Arterial street means a public street designated as an arterial in the General Plan .
(e) Collector street means 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 arterial streets.
(f) Hillside collector street means a collector street which traverses terrain having an average street slope
in excess of ten percent.
(g) Local street means a street which, because of its design and location with respect to other streets, is
used primarily for access to the abutting property.
(h) Hillside local street means a local street which traverses terrain having an average slope in excess of
ten percent.
(i) Minimum access street means a private street that is improved to the standards of a local street,as set
forth in Table I of this Chapter,which provides a means of access to a public street.While there may be
existing minimum access streets in the City, no more minimum access streets shall be allowed.
(j) Cul-de-sac means any street having but one outlet for vehicular traffic,the terminus of said street
having a vehicle turnaround enclosed by parcels of land.
Ordinance 398
Page 12
(k) [Reserved.]
(1) Frontage road means a street adjacent and parallel to an arterial street,which is separated therefrom
by a dividing strip.
14-10.290.a Street slope.
"Street slope" means the gradient measured as follows:the rate of ascent or descent expressed as a
percent or as a decimal as determined by the ratio of the change in elevation to the length.
14-10.300 Structure.
"Structure" means that which is built or constructed which requires a location on the ground, an edifice or
building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite
manner. "Structure" includes, but is not limited to, retaining walls, decks, patios,swimming pools, and recreational
courts but does not include a fence not exceeding six feet in height.
(a) Main structure means a structure housing the principal use of a site or functioning as the principal use.
(b) Accessory structure means a structure which is:(1)detached from any other structure on the lot such
that the distance between any part of the two structures is thirty-six inches or more;(2)subordinate
and incidental to, and customarily associated with,the main structure or the principal use on the lot;
and (3) located on the same lot as the main structure or principal use. Notwithstanding the foregoing,
an accessory dwelling unit is not an accessory structure as that term is used in this Code.
(Amended by Ord. 245 §2(Att.A)(part), 2006)
(Ord. No.348, § 1(Att.A, §5), 1-18-2017)
14-10.310 Subdivider.
"Subdivider" means any person,firm, corporation, partnership,or association who proposes to divide,
divides or causes to be divided any real property into a subdivision for itself or for others,except that employees
and consultants of such persons,acting in such capacity,are not"subdividers."The subdivider may be, but is not
necessarily,the fee owner of the real property to be subdivided.
14-10.320 Subdivision.
(a) "Subdivision" means either of the following, as the context provides:
(i)the act of dividing, by any subdivider, of any unit or units of improved or unimproved land,or any portion
thereof,shown on the latest equalized County assessment roll as a single unit or as contiguous units,for the
purpose of sale, lease,financing,or construction of improvements thereon,whether immediate or future.
Property shall be considered as contiguous units even if separated by roads,streets, utility easements,or
railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 4125 or 6542 of
the Civil Code,a community apartment project,as defined in Section 4105 of the Civil Code,or the
conversion of five or more existing dwelling units to a stock cooperative,as defined in Section 4190 or 6566
of the Civil Code. "Subdivision"also includes any division of land by gift, inheritance, or partition in kind.
(ii)the real property encompassed by a proposed division,including any remainder parcel.
(Amended by Ord. 229§2(part), 2004)
§ § ROE
m 2 % ^
CO
kRZ
7 \ 7 m m m L ,
a)
£ 2 £ o
» > » » z
�
2 2 41� ~ ƒ \ \ LA (A� �
■
m $ \ $ $ m
� /
m \ mkf e
% r4
co .. _
w � m � \ $ q \
2 + -
3 2 ..
5
co 7 \ ƒ \ \ /
co
41 > ■
t ƒ m / $ J q q /
mIA
m % M k t q q q q /
—i > k LLJ -
2
/ 2 § — # r4
¥ m
K
2 > c 2 « / 7 700
m _
� / \ a) a) / /
$
= f 2
\ e i
k / / \
@ � 2 ) � / 2 Q) u 3 —
5 \ 2 2 ƒ 2 { 2 ƒ /
0 2 e 4 < 4 < A U
00 - N Lr) M 00
Lf1 i i Ln
Ln O O LmO O O
} Z Z } Z Z Z
Z Z
t.0 00
an O O O O O O
a) Z Z Z Z Z Z
}
0000 O O O O N O
O O O O N O
N N N N N N N
d' (o 00 to O cr O
M M N M N N N
0 O O O O O O
O1 _
L m c L U
00 Q U O O O
Ol i 0 m "0 J
0)
U � a) a avo
v 4� N
L O m — `� U
"O OA V .L U = JO L (n on =
Q
0 d O LL CL
m ,
u
± E
, m
� �
/ai ƒ
E O
k \ a) /
0 -
8 /
CL - c
\ \ 0 /
0
� \ /
< _ ¥ > f
c \ \
4-
m ) \
§ %
4- ai
\
G t �
� •-
2 k 0 §
/ )
0 ƒ
\ £ Co M \
$ 0ai / E
� CL
ƒ \ / •/
C \ m 4
3 � m 0 g
/ I / ® $
b ® CL
e e / m j 2 /
/ § t c ° -x
@ ° \ S f
% cc ° £ / f2 a)
m m § - m Q
ai \ / \ /4-1 a) 0
k 2 k5 k
/ U E / § m � / R
k 0 = § a k
2 ¥ 4.1 2 / e \ °
0 § b 2 2 c
m ° R - & R 0
) m k ) m » / k k k 2 §
2 Ln B 9 \ m M / 2 \ R m e
e o m u e s 2 e =
J t 9 / 2 2 $ g / £ < C z 3
0 2 / / / \
Ordinance 398
Page 16
14-10.330 Tentative map; vesting tentative map.
(a) Tentative map means a map made for the purpose of showing the design and improvement of a proposed
subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed
final survey of the property.
(b) Vesting tentative map means a tentative map having printed conspicuously on its face the words"Vesting
Tentative Map"at the time it is filed with the application for tentative approval in accordance with Section
14-20.030 of this Chapter and which, if approved,shall confer the rights set forth in Article 14-80 of this
Chapter.
(Amended by Ord. 221§2(part), 2003)
14-10.340 Zoning Ordinance.
"Zoning Ordinance" means the zoning ordinance of the City as contained in Chapter 15 of this Code.
Article 14-15 MAPS REQUIRED
14-15.010 Maps required for subdivision of land; acts prohibited.
(a) Tentative and final map or parcel map approval pursuant to this Chapter shall be required for any subdivision
of land within the City.
(b) No person shall sell, lease,finance,or transfer any parcel or parcels of land constituting a subdivision for
which a final map or parcel map is required under this Chapter,or commence construction of any building
thereon,or allow occupancy thereof,without first complying with all of the provisions of this Chapter and
causing an approved final map or parcel map to be filed for record in the office of the County Recorder.
(c) Conveyances of any part of a division of real property for which a final map or parcel map is required under
this Chapter shall not be made by parcel or block number, initial or other designation, unless and until an
approved final map or parcel map has been filed for record in the office of the County Recorder.
(d) Nothing contained in this Section shall be deemed to prohibit an offer or contract to sell, lease,finance, or
transfer real property or to construct improvements thereon,where such sale, lease,financing,or transfer,
or the commencement of construction,is expressly conditioned upon the filing for record of an approved
final map, as required under this Chapter.
14-15.020 Repealed.
(Ord. 229§ 2(part), 2004)
14-15.030 Building and grading permits.
No building permit shall be issued for construction of improvements upon any site for which a subdivision
map approval is required under this Chapter, until an approved final or parcel map has been filed for record with
the County Recorder. For purposes of this Section 14-15.30,a grading permit under Article 16-17 of this Code is
not a building permit
(Amended by Ord. 221§ 2(part), 2003)
Ordinance 398
Page 17
14-15.040 Certificates of occupancy.
No final certificate of occupancy shall be issued until all streets, curbs,gutters, utility services,sewer and
storm drain facilities and other subdivision or site improvements as required by the tentative map approval,are
installed and completed to the satisfaction of the City Engineer and the Community Development Director.A
temporary certificate of occupancy may be issued if the City Engineer and the Community Development Director
find that no substantial hazard will result from occupancy of any building,or portion thereof, before the
improvements are complete,that the work cannot be completed prior to occupancy,and that the work is likely to
be completed within 12 months of issuance of the temporary certificate, and that occupancy prior to completion
will cause no hazard to the life and safety of occupants or others.The subdivider shall make a request for such
temporary certificate in writing, and no occupancy of the building shall be made until such certificate is issued.
Such temporary certificate shall be valid for a period not to exceed 12 months,which may be extended only upon a
showing of extenuating circumstances that could not have been anticipated at the time of initial issuance.
(Amended by Ord. 221§2 (part), 2003)
Article 14-20 PROCEDURE FOR TENTATIVE MAP OR PARCEL MAP APPROVAL
14-20.010 Application of Article.
The procedures and requirements set forth in this Article shall apply to all applications for tentative
subdivision map or parcel map approval.
(Amended by Ord. 221§2 (part), 2003)
14-20.020 Preliminary geologic and soils reports.
(a) The Community Development Director shall require the subdivider to submit a preliminary geologic report
pursuant to Public Resources Code section 2623 for any subdivision which contemplates the eventual
construction of structures for human occupancy and a soils investigation report pursuant to Map Act sections
66490 and 66491 for every subdivision for which a final map is required, as well as other subdivisions
described in this ordinance.
(b) The preliminary geologic report, prepared by a certified engineering geologist or a registered civil engineer
qualified in soil mechanics,shall define and delineate any hazard of surface fault rupture pursuant to the
maps described in Public Resources Code section 2622.
(c) The soils investigation report shall be prepared by a certified engineering geologist or a registered civil
engineer qualified in soil mechanics, prior to the acceptance of any application for tentative map approval
for every subdivision for which a final map or parcel map is required except for parcels entirely within Sun or
SBR zones, as shown on the Ground Movement Potential Map,free of liquefaction or fault hazard zones.The
geologic and soils report shall fully and clearly present:
(1) All pertinent data, interpretations and evaluations based on the most current professionally recognized
soils and geologic data.
(2) With respect to the actual or intended use of the land,the identification of any significant geologic
problems including earthquakes,faulting,seiches, rock and soil slides,differential settlement and
liquefaction of soil, and inundation, critically expansive soils or other unstable soil conditions which, if
not corrected, may lead to structural damage or future geologic problems both on and off the site.
(3) Recommendations for corrective measures to prevent or significantly mitigate potential damage to the
proposed project and adjacent properties or human-safety hazards.
Ordinance 398
Page 18
(4) Recommendations for additional investigations required to complete or refine the recommendations
required under subsection (3).
(d) The Community Development Director shall forward both reports to the City Geologist for review and
requests for additional information required to complete the subdivider's obligations under subsection (a) in
the categories described above,and shall furnish a copy of such requests to the subdivider.
(e) The specific recommendations contained in the preliminary geologic and soils reports, including any
recommendations added by the City Geologist,shall be incorporated into the design of the project as shown
on the application for subdivision approval.
(f) The Community Development Director shall refuse to accept any application which fails to comply with
subsection(c)of this Section, or any application for a site which, on the basis of the preliminary geologic and
soils reports or in the opinion of the City Geologist, has been found to be unsuitable for the intended
development by reason of soil conditions or geologic hazards which cannot be corrected or significantly
mitigated to avoid potential problems identified in the geologic and soils reports.
(Amended by Ord. 221§2 (part), 2003)
14-20.030 Filing application for tentative approval.
Applications for tentative subdivision map and parcel map approval shall be filed with the Community
Development Director on such forms as the Director may prescribe.The Director shall examine the application and
the documents submitted therewith, and except as otherwise required by law shall not accept the same until all of
the requirements of this Article with respect to the form, content and number of maps, information to be
furnished and documents to be submitted with the application have been fully satisfied and all fees and costs due
and payable at the time of filing the application have been paid in full.The time of filing the application shall be the
date on which the application is accepted by the Community Development Director as being complete.
(Amended by Ord. 221§2(part), 2003)
14-20.040 Contents of application.
Four hard copies and a digital copy formatted in pdf of the proposed tentative subdivision map or parcel map
shall be submitted to the Community Development Director.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 Transportation 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 and the property is
located within the area covered by such map,two additional copies of the tentative map shall also be filed,which
shall be transmitted by the Planning Commission to the district office of such Department with a statement that
the Planning Commission will consider any recommendation of such Department made within fifteen days after
receipt by it of the copies of the map.The tentative map shall be clearly and legibly drawn by a registered civil
engineer or licensed land surveyor. It shall have a dimension of not less than eighteen inches by twenty-six inches,
and the scale shall be as follows:One inch shall be equal to twenty feet for a subdivision of two or less acres;one
inch shall be equal to fifty feet for a subdivision of two acres through twenty acres;and one inch shall be equal to
one hundred feet for all subdivisions over twenty acres in area.A parcel map shall conform to the requirements of
Section 14.40.030.The tentative map shall contain,or be accompanied by,the following information(parcel maps
are required only to provide items(a)through(z)):
(a) The name of any existing recorded map applicable to the subdivision,the date of recording such map,
and the book and page of the official records where such map is recorded.
(b) Proposed subdivision name, if any.
Ordinance 398
Page 19
(c) Date, north point,scale,and sufficient description to define the location and boundaries of the
proposed subdivision.
(d) 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
one hundred feet of the subdivision or site boundary.
(e) Name and address of record owner or owners,subdivider, and registered engineer or licensed land
surveyor who prepared the map or drawing.
(f) Locations, names,widths,centerline radii and centerline slopes of all streets, highways and other ways
in the proposed subdivision or site.
(g) Number of lots,dimensions of the lots, including frontage,depth, and area in square feet.
(h) Five-foot contours to describe area. Bench marks shall be on County datum.
(i) Location, character,and recording information of all existing easements for drainage,sewage,or public
utilities,together with all building and use restrictions applicable thereto,and the approximate
locations of all proposed easements for drainage,sewage, or other public utilities.
(j) Existing use or uses and the zoning district or districts of the property and proposed use or uses.
(k) Transfers of adjacent or related property owned by the record owners or subdivider or their
predecessors in interest made within the last preceding five years.
(1) Location of all creeks,streams and other water courses delineated on the map or drawing,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 expressed as gallons per minute.
(n) All provisions for sewage disposal,storm drainage and flood control which are proposed by the
subdivider. Disposition of on-site storm water shall be consistent with the requirements of the Santa
Clara Valley Urban Runoff Pollution Prevention Program as defined in the Zoning Code.
(o) Existing wells,active or abandoned,and disposition proposed.
(p) Public or common green area proposed, if any.
(q) Statement of tree planting.
(r) Statement of street lighting plan, if any.
(s) Statement of the improvements proposed to be constructed or installed and of the time when such
improvements shall be installed and the date of their anticipated completion.
(t) Site development plan in accord with Section 14-25.100.
(u) The approximate distance to and location of the nearest sanitary sewer main line.
(v) Location of existing protected trees,as defined in Article 15-50.050,and any trees within five feet of
proposed improvements, including outline,centers,and species.
(w) Preliminary geologic and soils reports as described in Section 14-20.020 of this Article, unless such
reports have already been furnished prior to the filing of the application; provided, however,where the
slope of the proposed subdivision does not exceed ten percent,the Community Development Director
shall require such report to be submitted with the improvement plans for the subdivision or site as part
of the application for building permit; provided,further,that the Community Development Director
shall waive the requirement of a preliminary soils report if the Director determines that,due to the
information in a prior soils report reviewed without objection by the City's consulting geologist as to
the soil qualities of the site, no such preliminary soils report is necessary; and provided,further that if
Ordinance 398
Page 20
the Community Development Director finds that no undue hazard of surface fault rupture exists
because the Ground Movement Potential Map,described in Section 16.65.020 of this Code,depicts
that the site is entirely within the Sbr,Sls, or Sun Zones and is also entirely outside of any liquefaction
hazard zone and zone of potential primary surface fault rupture,then the geologic report on the
hazard shall be waived.
(x) [Reserved]
(y) A preliminary title report issued not more than ten days prior to the date of filing the application by a
reputable title company doing business in the County,issued to or for the benefit of the City and
showing all parties having any interest in the land to be subdivided.
(z) If the subdivider requests that vesting tentative map approval be granted,the proposed map shall have
printed conspicuously on its face the words"Vesting'Tentative Map."
(aa) A scale drawing of the surrounding area for a distance of at least five hundred feet from each boundary
of the proposed subdivision,indicating the names and last known addresses of the owners of all
property located within five hundred feet of such boundaries, as shown in the latest available
assessment roll of the County.
(bb) A study of projected traffic within and on streets where the project adds at least 20 new peak hour
trips from the proposed subdivision,sufficient to determine whether intersections meet the warrants
for traffic signals as set out in California Manual of Uniform Traffic Control Devices (MUTCD).
(cc) Reports addressing soil and/or groundwater contamination that meet the following conditions:
(1) Phase I ESA. Retain the services of a qualified environmental consultant with experience
preparing Phase I Environmental Site Assessments(ESAs)to prepare a Phase I ESA in accordance
with the American Society for Testing and Materials(ASTM)Standards on Environmental Site
Assessments,ASTM E 1527-13(ASTM 1527-13)and in accordance with the U.S. Environmental
Protection Agency's(EPA's)Standards and Practices for All Appropriate Inquiries(40 Code of
Federal Regulations 312), published November 2005, as subsequently revised,supplemented, or
replaced. If the Phase I ESA does not identify any Recognized Environmental Conditions(RECs),
as defined in ASTM E 1527-13,associated with the site,then no further action is needed. If the
Phase I ESA identifies RECs,then a Phase II ESA shall be prepared as described in the following
section.
(2) Phase II ESA.A Phase II ESA shall be prepared by a qualified environmental consultant
and signed and stamped by a Professional Geologist or Professional Engineer hired by the project
applicant.The Phase II ESA shall include the collection and analysis of samples designed to
evaluate RECs identified in the Phase I ESA, in compliance with ASTM standards,and a health risk
assessment to evaluate whether the RECs pose an unacceptable health risk to future users of the
site. Depending on the health risks identified in the Phase II ESA,the project applicant shall
proceed as follows:
(A) If the Phase II ESA identifies no unacceptable health risk associated with the
RECs,then no further action is needed.
(B) If the Phase II ESA identifies an unacceptable health risk,the requirements
related to soil remediation in Section 14-20.040(x)(4)shall apply.
(3) Focused Phase I and II ESAs. Projects that are on sites which are known to have current
or former orchards or other irrigated agricultural activities that were active in 1950 or later are
assumed to contain RECs associated with organic pesticides and are required to prepare a
Focused Phase I ESA that addresses only RECs other than those associated with organic
pesticides. Depending on the contaminants found in the Focused Phase I ESA,the project
applicant shall proceed as follows:
Ordinance 398
Page 21
(A) If the Focused Phase I ESA identifies no other unacceptable health risks,then the
project applicant shall prepare a Focused Phase II ESA that addresses only the potential hazards
associated with organic pesticides.
(B) If the Focused Phase I ESA identifies RECs other than organic pesticides,then the
project applicant shall prepare the Phase II ESA as described in Section 14-20.040(x)(2)to address
both the organic pesticides RECs and all other RECs.
(4) Soil Remediation Required. If a Focused or other Phase II ESA, as required pursuant to
Section 14-20.040(x)(2)or(3), identifies an unacceptable health risk,the project applicant shall,
as appropriate to the contaminant or contaminants,contact one or more of the Environmental
Protection Agency(EPA), Department of Toxic Substances Control (DTSC), Regional Water Quality
Control Board (RWQCB)or local Certified Unified Program Agency(CUPA), as determined by the
City.The project applicant shall enter into a regulatory agency oversight program, or an
established voluntary oversight program alternative,with the appropriate regulatory agency or
agencies, and follow the regulatory agency's recommended response actions until the agency
reaches a no further action determination, prior to issuance of any permit for a project that
allows ground disturbing activity.
In addition to the foregoing,the Community Development Director shall require the subdivider to submit such
additional maps,documents, information,and materials necessary for the review, processing,and evaluation of
the proposed tentative map approval in order to demonstrate compliance with the application requirements. It is
the applicant's burden to fully comply with all application requirements. If any such additional maps,documents,
information,or materials are required,the Director shall so advise the subdivider in writing within thirty days from
the filing of the application.
(Amended by Ord. 221§2(part), 2003;Ord. 229§ 2(part), 2004;Ord. 245§2(Att.A)(part), 2006)
14-20.050 Distribution for review; departmental reports.
(a) Distribution. Upon receipt of the application and acceptance thereof as being complete,the Community
Development Director shall distribute the map or site drawing and accompanying documents to the
following persons and agencies:
(1) One digital copy to the Health Officer;
(2) One digital copy and two hard copies to the Public Works Department;
(3) One digital copy to the Santa Clara Valley Water District;
(4) One digital copy to the sanitation district having jurisdiction over the property;
(5) One digital copy to the fire district having jurisdiction over the property;
(6) One digital copy to such utility companies as are or will be providing service to the property;
(7) One digital copy to each school district having jurisdiction over the property;
(8) One digital copy to the State Department of Transportation, if required.
(b) Departmental reports. Upon receipt of the map or drawing and other documents, each of said persons and
agencies shall make an investigation and written report to the Planning Commission,setting forth any
recommended conditions.The Community Development Director shall also cause a written staff report to be
prepared and submitted to the Planning Commission and shall furnish the subdivider with a copy of such
report not later than three days prior to any hearing on the application to be conducted by the Planning
Commission.The reports referred to herein shall include,but need not be limited to,the following:
Ordinance 398
Page 22
(1) Health Department report.The 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.
(2) Engineer's report.The City Engineer shall determine whether the lot or lots,streets, and overall
drainage in the subdivision will meet the following requirements:
(A)That the intended use does not interfere with the natural drainage of surface water from the
land constituting and surrounding the intended lot or lots,without adequate drainage thereof;
(B)That the intended structures and improvements to be constructed upon said lot or lots will be
adequately supported by the surface and subsurface soil so there will be no hazard to occupants and
property therein;
(C)That the intended use will not create an unreasonable risk and hazard to adjoining persons or
property by reason of fire,flood,sedimentation, landslide,or other calamity;the proposed lot or lots,
and their proposed use,shall not create an unreasonable traffic hazard.
(D)That existing infrastructure is adequate to serve the proposed development without
diminution of service to existing uses.
The City Engineer shall recommend to the Planning Commission any improvements and/or conditions
of development to be constructed or implemented by the subdivider in order to ensure that the
subdivision meets the requirements above.These recommendations shall include specification of the
date or time period by which those improvements and/or conditions should be completed or
implemented as appropriate.The City Engineer shall consult with the Public Works Director on any
public improvements and jointly develop requirements and conditions for the subdivision.
(3) Water district report.The City Engineer shall request the Santa Clara Valley Water District to
investigate the proposed subdivision for drainage and flood control factors,and to report upon
whether any substantial flooding hazard would be created by the development and any recommended
conditions relative to flood control and storm drainage solutions.Such request shall be accompanied
by a copy of the proposed grading plan, if any.
(4) Fire district report.The City Engineer shall request the fire district providing fire protection service to
the subdivision to investigate and make a recommendation concerning the number and placement of
fire hydrants and other fire protection requirements for the proposed subdivision, including standards
and configurations for private driveways to serve structures to be set back from the closest contiguous
street a distance greater than one hundred feet.
(5) Other departmental reports.The sanitation district providing sanitary sewer service to the subdivision,
any affected utilities,the Department of Transportation and school districts serving the subdivision,
may report to the Planning Commission as to any recommended conditions or provisions which in their
opinion would be necessary to meet objective standards in these agencies' codes, regulations, or
written policies.
(6) Community Development Department report.The City Community Development Department shall
determine and report on whether the proposed design and improvement of the subdivision is
consistent with the General Plan and any applicable specific plans which affect the property, and all
applicable zoning regulations, and shall determine any conditions that the subdivision must meet in
order to ensure such consistency.The Planning Department report shall either summarize,or
incorporate by reference, all the other departmental reports received as hereinabove specified,
including any determination by the City Engineer that geotechnical clearance is necessary, and shall
indicate documentation required pursuant to the California Environmental Quality Act(Public
Resources Code sections 21000 et seq.). The report shall itemize all conditions that reviewing agencies
identify as necessary to meet the relevant standards.
Ordinance 398
Page 23
(Amended by Ord. 71.100§2(part), 1991;Amended by Ord. 221§2(part), 2003)
14-20.060 Public hearing by Planning Commission; notice.
The Planning Commission shall conduct a public hearing on the application. Notice of the hearing shall be
given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid,
a notice of the time and place of the hearing to the subdivider and to all persons whose names appear on the
latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the
subdivision which is the subject of the application. Notice of the public hearing shall also be published once in a
newspaper having general circulation in the City not later than ten days prior to the date of the hearing.
(Amended by Ord. 221§2(part), 2003)
14-20.070 Action by Planning Commission on tentative subdivision map; findings.
(a) Within fifty days after the later of the following(1)the acceptance of the application as complete and,
if applicable, (2)the certification of the environmental impact report, adoption of a negative
declaration,or a determination by the local agency that the project is exempt from the requirements
of Division 13 (commencing with Section 21000)of the Public Resources Code, unless such time is
extended by mutual consent of the Planning Commission and the subdivider,the Planning Commission
shall approve,conditionally approve,or disapprove the application for tentative map approval. If the
City Engineer has identified conditions or improvements required to ensure the development of the
subdivision meets the requirements of Section 14-20.050(b)(2), any approval by the Planning
Commission shall incorporate such improvements and/or conditions.The Planning Commission shall
report its 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 years,and in all events, until final acceptance of construction of
improvements and the termination of the'subdivider's responsibility to maintain such improvements.
(b) The Planning Commission shall not approve any tentative map if it makes any of the following specific
findings:
(1) That the proposed map is not consistent with the General Plan and any applicable specific plan.
(2) That the design or improvement of the proposed subdivision is not consistent with the General Plan
and any applicable specific plan.
(3) That the site is not physically suitable for the type of development proposed.
(4) That the site is not physically suitable for the proposed density of development.
(5) That the design of the subdivision or the proposed improvements are likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
(6) That the design of the subdivision or type of improvements is likely to cause serious public health
problems.
(7) That the design of the subdivision or type or improvements will conflict with easements, acquired by
the public at large,for access through or use of property within the proposed subdivision. In this
connection,the Planning Commission may grant tentative approval if it finds that alternate easements,
for access or for use,will be provided, and that these will be substantially equivalent to ones previously
acquired by the public.This subsection shall apply only to easements of record or to easements
established by judgment of a court of competent jurisdiction and no authority is hereby granted to the
Planning Commission to determine that the public at large has acquired easements for access through
or use of property within the proposed subdivision.
Ordinance 398
Page 24
(8) That a proposed subdivision of land which is subject to a contract executed pursuant to the California
Land Conservation Act of 1965 (The"Williamson Act")will result in the creation of parcels of
insufficient size to sustain their agricultural use, except as otherwise provided in Government Code
Section 66474.4.
(9) That the discharge of waste from the proposed subdivision into an existing community sewer system
would result in violation of existing requirements prescribed by a State regional water quality control
board pursuant to Division 7(commencing with Section 13000)of the State Water Code.
(10) That the City Engineer has not found that the subdivision as proposed meets the requirements of
Section 14-20.050(b)(2)nor identified conditions or improvements that would ensure the development
of the subdivision meets the requirements of that section.
(Amended by Ord. 221§2(part), 2003)
14-20.080 Expiration of tentative approval; extensions.
(a) An approved or conditionally approved tentative subdivision map approval shall expire twenty-four months
from the date on which the Planning Commission, or the City Council on appeal,granted its approval or
conditional approval, unless otherwise extended by the Map Act or other state law.
(b) An extension of the expiration date may be granted by the Planning Commission for a period or periods of
time not exceeding thirty-six months.The application for extension shall be filed prior to the expiration date,
and shall be accompanied by the payment of a fee in such amount as established from time to time by
resolution of the City Council.A public hearing shall be conducted on the request for extension and notice
thereof shall be given in the same manner as prescribed in Section 14-20.060 of this Article. Extension of
tentative map approval is not a matter of right and the Planning Commission may deny the application.
(Amended by Ord. 221§2(part), 2003)
Article 14-25 DESIGN REQUIREMENTS
14-25.010 General provisions.
The subdivider shall design and improve all streets, highways, public ways,storm drains and other easements
which are a part of or serve the subdivision,and such other improvements as are called for by this Chapter, in
accord with the standards as hereinafter set forth, and shall maintain said improvements for a period of one year
after completion thereof.Such improvements shall include without limitation, public improvements within and
adjacent to the subdivision,including curbs,gutters,sidewalks, pathways,trails,bicycle facilities,streets, retaining
walls,storm drains,swales, berms, lighting,traffic signals,signage,and striping,grading and surfacing of streets,
highways and other public ways,along with the installation of facilities to supply domestic water, construction of
storm and sanitary drainage facilities, including upgrades as further provided,and all other improvement work as
hereafter set forth.All such improvement work shall be at the sole cost and expense of the subdivider unless
otherwise specifically provided herein.
14-25.020 Surveys and monuments.
In making the survey for the subdivision,the engineer or surveyor shall set permanent monuments at all
exterior 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
Ordinance 398
Page 25
eight inches below the finished grade line of the street in a City 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 provision of this Chapter, 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.
14-25.030 Design standards and dedication of streets.
(a) In general.All parcels of land shown on any map and intended for any public use shall be offered to the City
for dedication for public use.The tentative and final subdivision 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 contiguous to the
subdivision or site, any centerlines previously established by the City or County Engineer and the degree of
conformity or nonconformity of any proposed street which is a continuation or extension of an existing
street.
(b) Street rights-of-way.Street rights-of-way and improvements thereof shall conform with the minimums as
set forth in Table I of this Chapter.
(c) [Reserved.]
(d) Cul-de-sac streets.Cul-de-sac streets shall be allowed only if alternate street configurations would result in
block lengths less than 800 feet. Cul-de-sac streets shall have a vehicle turning area within a minimum right-
of-way radius of forty-two feet and a minimum roadway radius of thirty-two feet. No cul-de-sac street shall
be longer than seven hundred fifty feet from its intersection with the centerline of a non cul-de-sac street to
the center of the turn-around.
(e) Side or rear of lots on major streets.Where the side or rear of any lot or lots border any arterial, highway,
parkway,freeway,or expressway,as defined in section 14-10.290,the subdivider shall relinquish any right of
ingress and egress to the side or rear of such lot or lots across the existing or proposed right-of-way line of
such arterial, highway, parkway,freeway or expressway.Such relinquishment shall provide that the City
Council may restore rights of ingress and egress to the affected lots by resolution.
(f) Reserved.
(g) Public street access to lots. Every lot shall either front on an accepted public street or on a street offered for
dedication to the public and improved to the standards required under this Chapter, except that the Planning
Commission shall allow:
(1)a minimum access street to be utilized as a means of access where:
(A) The minimum access street constitutes the means of access for not more than four lots;and
(B) The minimum access street is improved to the standards of a local street, as set forth in Table I of
this Chapter.
(2)an easement at least 20 feet wide benefitting the lot provides ingress and egress to an accepted public
street.
Neither a minimum access street, an easement pursuant to subsection (2) above, nor the corridor access to a
flag lot may connect to a public street at any portion of the turnaround space of a cul-de-sac.
(h) [Reserved.]
(i) Streets adjacent to property lines.Where the property line of the site to be subdivided is adjacent to an
existing street,the following provisions shall apply:
(1) The exterior boundary of the subdivision shall be the property line, but need not extend beyond the
centerline of the adjacent street.Where such street or any portion thereof which would otherwise be
includable within the subdivision is not within the City limits,the exterior boundary shall instead
Ordinance 398
Page 26
coincide with the City limits line.The owner shall irrevocably offer to dedicate an easement, and shall
improve as a street, all property within the City not owned by another public agency between the
property line of the subdivision which lies within such bordering street and the proposed right-of-way
line for such street, as such right-of-way may be established by the General Plan or any applicable
specific plan,and if not so established,then to such reasonable right-of-way line as determined by the
Planning Commission.Any property in the subdivision between the centerline of any such bordering
street and the proposed right-of-way line which is under the jurisdiction of another local agency shall
be offered for dedication to that local agency.
(2) Whenever any new street of a proposed subdivision will lie along and adjacent to any property line of
the subdivision and is within the ultimate width of an arterial street, it shall be offered for dedication
and improved to such width as may be provided by the General Plan or any applicable specific plan. If
the plan lines for such street have not been established,then the same shall be improved to one-half
of the width as shown for arterials in Table I of this Chapter, or forty feet,whichever is greater.
(3) [Reserved.]
(4) Whenever any new street of a proposed subdivision(as distinguished from an existing street)will lie
along and adjacent to any boundary of the subdivision or site, it shall be offered for dedication and
improved to its full width as provided for that type of street in Table I of this Chapter.Where the street
will border on other property not owned by the subdivider,at the subdivider's request,the City will
enter into a reimbursement agreement with the subdivider whereby future developers of property
abutting such improvement will be required to pay a pro rata share of the cost of the full street as a
condition of future subdivision or other required approval of development on such abutting property.
Such reimbursement agreement shall have a term of not less than ten years.The pro rata share to be
paid for each such abutting development shall be determined by dividing the actual construction costs
of the street by the total square footage of the undeveloped parcels which will border on or otherwise
have access over the street,and multiplying the cost per building site thus obtained by the square
footage of the land in the proposed subdivision or for which other approval is sought.
(5) When the exterior boundary of a subdivision fronts on and accesses an existing street,subdivider shall,
at its cost and expense, bring the pavement condition index(PCI) up to at least 70 PCI,or microsurface
the street if the PCI is over 70, as described and measured in the most current Pavement Management
Technical Assistant Program (P-TAP) prepared for the Metropolitan Transportation Commission(MTC)
of the San Francisco Bay Area, and ensure that the curb and gutter meet City standards as set out in
the City of Saratoga Standard Details and Specifications for Construction,for the length of the
subdivision frontage.
(j) Intersection angles.All streets of a subdivision shall intersect one another at an angle as near to a right angle
as is practicable in each specific case, except to the extent necessitated by topographical conditions which
would make a right angle unsafe.The intersection radii shall be sufficient to provide sight distance described
in the Caltrans Highway Design Manual and as determined by a licensed engineer.
(k) Intersection radius. Intersections of streets with fewer than four moving lanes of traffic for each street shall
have a corner radius at the property line of not less than twenty feet. Intersections 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.
(1) 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 the subdivider provides
evidence demonstrating that a street opening offset of less than two hundred fifty feet is the only
economical or practical method of developing the property for the use for which it is zoned.
(m) Street slopes and curve radii.Street slopes shall not exceed six percent on arterial streets, nor fifteen
percent on all other types of streets. Centerline radii shall be not less than five hundred feet on arterial and
collector streets,and not less than one hundred fifty feet on all other types of streets.
Ordinance 398
Page 27
(n) Alleys.Alleys shall not be permitted in any residential subdivision.
(o) Street arrangement.Streets within a subdivision shall be arranged to(1)cause no undue hardship to owners
of adjoining property at such time as the adjoining property is subdivided or developed, and will provide
adequate and convenient access to the adjoining property;(2)discourage through traffic within the
subdivision, except on arterial and collector streets as designated in the General Plan or applicable specific
plan;(3)minimize grading(4)save and preserve protected or heritage trees where practicable: (5)easily and
comfortably move the expected vehicular, bicycle,and pedestrian traffic.
(p) 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 Community Development Department,which 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 Planning Commission to some other name proposed by the
subdivider.The subdivider shall equip all street intersections with signposts,street name signs and traffic
signs all in accordance with the standards and specifications established therefor by the City or the State and
available from the Public Works Department.
(q) Sidewalks and pathways.Sidewalks shall be installed on all streets of the subdivision,and pedestrian or
other access pathways shall be included when required under the Trails Master Plan Map.
(r) 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 in a single-family
zoning district.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 pursuant to Article 10-20 in Chapter 10 of this Code.
(s) Miscellaneous requirements.The subdivider shall:
(i)place redwood headerboards or the equivalent thereof along the longitudinal lines of streets not required
to be currently paved to their full width;
(ii) cause the name of the cement contractor and the date of all work to be stamped on all curbs;and
(iii)cause an "S" mark to be stamped on the curb face over the location of each sewer lateral connection.
14-25.040 Lots and blocks.
(a) Lot areas. Each lot shall have an area,frontage,width, 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. Lots may be required to be of an area,frontage,width,or depth greater than the
minimums as prescribed by the district regulations if necessary to satisfy the requirements of this Chapter.
(b) Lot frontage on public streets and access to public streets. Except as provided in Subsection 14-25.030(g),
each lot shall have frontage on an accepted public street or a street offered for dedication to the City as a
public street and legal right to access that 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 the fire district or Santa Clara Valley Water
District advises the Planning Commission that more than one means of access from existing public streets
and the City's public street system is required for the protection of the subdivision from fire or flood and to
ensure the accessibility of emergency vehicles and equipment to the subdivision,or that it is necessary to
provide equestrian, pedestrian, or bike access as shown on the Trails Master Plan,the Planning Commission
shall require more than one means of access to the City's public street system as a condition of approval, or
in the alternative,to refuse approval of any tentative subdivision map until such additional means of access
are provided.
(c) Side lot lines.So far as practical,the side lot lines of all lots shall run at right angles to the street upon which
the lot faces,or radial if the street is curved.
Ordinance 398
Page 28
(d) Block lengths. Blocks shall not exceed one thousand two hundred feet, nor be less than eight hundred feet in
length, unless the previous adjacent layout or topographical conditions justify a variation from this
requirement.At street intersections at angles of approximately ninety degrees,the block corner shall be
rounded at the property line to provide, as much as possible,for safe traffic movement.The curve radius
shall conform to the radius of existing corners at the same intersection where such radius is greater than
twenty feet.Streets intersecting at an angle other than ninety degrees shall be considered special cases and
will be required to have sufficient radius or cutoff to provide,as much as possible,the same results as to
traffic movement,visibility and design as required for streets intersecting at right angles.
14-25.050 Easements.
(a) Public service easements. Easements shall be 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.The
sidelines of all easements shall be shown on the subdivision or parcel map by distinctive 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 side lot lines of any 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 widths of all easements and sufficient ties thereto shall be clearly labeled and identified,and if
already of record, its recorded reference given.
(b) Covenants for easements. In addition to any other method for the creation of an easement, easements for
parking, ingress,egress, emergency access, light and air access, landscaping,open space,or creek protection
purposes may be created by a written covenant for easement which complies with the requirements set
forth in Section 15-80.110 of the Zoning Ordinance.
(Amended by Ord.71-184§ 1, 1998)
14-25.060 Watercourses.
In the event the subdivision or any lot or parcel thereof is traversed or bordered by any watercourse,or any
official plan line of a watercourse as established by the Santa Clara Valley Water District, and over which said water
district has jurisdiction,then the owner shall dedicate to the Water District an easement for flood control and
erosion control purposes,covering the area between the banks of the watercourse within the subdivision,plus any
additional area that Water District require to maintain the channel for such 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 or owner shall
offer to dedicate a fee simple interest or easement of 10-feet in said drainage facility and over the property in
which it lies,said dedication to be to the City.
14-25.065 Creek protection easement.
(a) Purpose,application. In order to provide for the future protection of creeks, including creek banks and
riparian habitat,a creek protection easement shall be required for any subdivision, lot, or parcel thereof
which contains or abuts a protected creek as defined below.
(b) Protected creek defined.A protected creek is a creek identified in the most recently available Maps of Flood
Control Facilities and Limits of one percent Flooding, prepared by the Santa Clara Valley Water District,as
may be amended from time to time.
(c) Location.The location of the easement shall conform substantially with the lines of such protected creek,
and shall encompass further and sufficient area as shall be required for structures or channel changes or
both,to dispose of surface and storm waters.
Ordinance 398
Page 29
(d) Restrictions.Structures, improvements, ornamental landscaping,or fencing shall be prohibited within the
easement, unless such are permitted by the Regional Water Quality Control Board or the California
Department of Fish and Wildlife.
(Ord. 71-184§2, 1998)
14-25.070 Preservation of existing trees.
(a) No protected trees required to be shown on the application for tentative map approval under Subsection 14-
20.040(v)of this Chapter shall be removed or destroyed without a prior permit to do so issued by the
Community Development Director pursuant to Article 15-50 of the Zoning Ordinance, unless such removal is
specifically authorized as part of the tentative approval granted under this Chapter. No such trees may be
removed or destroyed prior to the filing of an application for tentative map approval with the intent of
circumventing the requirements of this Chapter.
(b) The Planning Commission may deny approval of any application for tentative map approval,and revoke any
previous such approval, upon the violation of this Section by the subdivider or owner,except as prohibited
by state law.
(c) The approval of a tentative map by the Planning Commission shall automatically constitute authorization to
remove all trees within all portions of street rights-of-way which are to be improved, and to remove trees
from the area as designated by the subdivider to be covered by the envelope of the proposed structure or
structures to be erected on the lot,and the area of the proposed driveway on the lot.
(Amended by Ord. 221§2(part), 2003)
14-25.080 Park and recreation dedication and fees.
(a) Purpose,application,and exemptions.As a condition of each final map approval,and to be detailed in the
conditions of each tentative map,every owner shall be required to,and shall dedicate a portion of land or
pay a fee in lieu thereof,or a combination of both at the option of the City,for the purpose of providing park
or recreational facilities reasonably related to serving the development and in accord with the standards and
provisions as hereafter set forth.The provisions of this Section are enacted pursuant to Section 66477 of the
Government Code and are hereby found to be in accord with the Open Space and Conservation Element of
the General Plan.The requirements of this section shall not apply to any of the following:
(1) Subdivisions or portions thereof for commercial or industrial uses.
(2) Subdivisions containing less than five parcels and not used for residential purposes. However, in that
event, it shall automatically be a condition of approval of a parcel or tentative map that if a building
permit is requested for construction of a residential structure or structures on one or more of such
parcels within four years from the date of recording the final map,the fee in lieu of dedication, as
prescribed in this section,shall be paid by the owner of each such lot as a condition to the issuance of
the building permit.
(3) Any condominium project or stock cooperatives that consist of the subdivision of air space of an
existing apartment building which is more than five years old when no new dwelling units are added
thereto.
(4) Such other exceptions as may hereafter be added to the Map Act.
(b) Standards and formula for land dedication. It is hereby found and determined that the public interest,
convenience, health,welfare, and safety require that five acres of real property for each one thousand
persons residing within the City be devoted to park and recreational purposes.Where a park or recreational
facility has been designated in the Open Space and Conservation Element of the General Plan or has been
otherwise designated by the City Council and has been proposed to be located in whole or in part within the
Ordinance 398
Page 30
proposed subdivision to serve the immediate or future needs of the residents of such subdivision,the
subdivider shall dedicate land within the area of such subdivision for park use.The amount of land
(expressed in acreage) required to be dedicated shall be based upon the average number of persons per
household, based upon the most recent available federal census, multiplied by the number of units in the
proposed subdivision,with the result divided by two hundred (the quotient of one thousand persons per five
acres).
(c) Fees in lieu of land dedication. In the event there is no park or recreational facility designated as described
in subsection(b), above, or in the event that the proposed subdivision contains fifty or fewer 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
paragraph(b)of this Section. If a condominium project,stock cooperative, or community apartment project,
as those terms are defined in Sections 4105,4125, and 4190 of the Civil Code,exceeds fifty dwelling units,
dedication of land may be required notwithstanding that the number of parcels may be less than fifty. "Fair
market value", as used herein,shall be product of:
(1) The estimated cost of parkland in Saratoga as determined by the City Council;and
(2) The amount of land that would be required to be dedicated pursuant to subsection (b), above.
(d) Use of land dedications and fees.The land,fees,or combination thereof are to be used only for the purpose
of developing new or rehabilitating existing neighborhood or community park or recreational facilities to
serve the subdivision.All fees collected under this Section shall be committed within five years after the
payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision,
whichever occurs later. If the fees are not committed,they,without any deductions,shall be distributed and
paid to the then record owners of the subdivision in the same proportion that the size of their lots bears to
the total area of all lots within the subdivision.
(e) Requirement of both dedication and fees. Both dedication of a portion of land,together with the payment
of fees may be required to be in accord with the following criteria:
(1) Where only a portion of the land to be subdivided or developed is proposed in the Open Space and
Conservation Element of the General Plan or otherwise by the City Council 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 paragraph (c) of this Section shall be paid for any additional land that would have been required to
be dedicated pursuant to subsection (b), above.
(2) 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 the subdivision to complete such park,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.
(f) Amendment to Map Act. In the event the Map Act should in the future be amended to expand or change the
permitted uses of land dedicated or in-lieu fees paid under this Section,such purposes shall control and the
limitations set forth in this Section to the extent they are inconsistent with the amended Map Act,shall no
longer have any force or effect.
(Amended by Ord. 221§2(part), 2003)
(Ord. No.383, §1(Exh.A, §§ 11, 12), 11-17-2021)
14-25.090 Reservations.
(a) Requirement for reservation of land.As a condition for tentative map approval,the Planning Commission
may require the subdivider to reserve an area or areas within the subdivision or site for parks, recreational
facilities,fire stations, libraries,or other public uses,according to the standards and conditions set forth in
this Section.
Ordinance 398
Page 31
(b) Conditions.A reservation of land pursuant to this Section may be required under the following conditions:
(1) The public use for which the land is reserved is shown on the General Plan or an adopted specific plan
containing policies and standards for such use and the required reservation is in accordance with such
policies and standards.
(2) The reserved land is of such size and shape as to permit the balance of the property within which the
reservation is located to develop in an orderly and efficient manner.
(3) The amount of land reserved will not make development of the remaining land in the subdivision
economically unfeasible.
(4) The reserved land shall be in such multiples of streets,blocks,or parcels as to permit an efficient
division and development of the reserved land in the event it is not acquired within the prescribed
time.
(c) Contract with City.At the time of final map approval,the City shall enter into a binding agreement to acquire
the reserved land within two years after the completion and acceptance of all improvements, unless such
period of time is extended by mutual agreement.The purchase price shall be the market value of the
reserved land at the time of filing the application for tentative map approval, plus taxes against the reserved
land from the date of the reservation and any other costs incurred by the subdivider or owner in the
maintenance of the reserved land, including interest costs incurred on any loan covering the reserved land.
(d) Automatic termination of reservation. If the City does not enter into an agreement with the subdivider or
owner as provided in subsection (c)of this Section,the reservation of the land shall automatically terminate.
(e) Other authority not limited.The authority of the City under this Section is additional to all other authority
under this Chapter,or granted by law to local agencies, relating to subdivisions approvals and shall in no way
be construed as a limitation on or diminution of any such authority.
(Amended by Ord. 221§2(part), 2003)
14-25.100 Site development plan.
(a) Site development plan required.At the time of filing an application for tentative map approval,the
subdivider shall also submit a site development plan.
(b) Form and content of site development plan.The site development plan may be incorporated into and
constitute a part of the tentative map or drawing,or it may be submitted as a separate document.The site
development plan shall include the following:
(1) A legible site plan showing all of the following information, existing and proposed location of all streets,
sidewalks,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 principal and
accessory structures, parking(covered, uncovered,off-street),streets,sidewalks, paths and
recreational facilities.
(2) A topographical map to be at a scale of not less than one inch equals one hundred feet showing
contour lines existing prior to grading at an interval of not more than five feet;a grading plan showing
increments, color coded, of all proposed cuts and fills;and a slope classification map showing, again
color coded, all land which has less than ten percent slope,all land which has a slope between ten and
twenty percent,all land which has a slope between twenty and thirty percent,all land which has a
slope between thirty and forty percent,and all land which has a slope in excess of forty percent.
(3) A calculation of the slope percentage prepared by a registered civil engineer or a licensed land
surveyor, using the formula set forth in Section 14-10.280.
Ordinance 398
Page 32
(c) Approval of site development plan.Where a site development plan is required to be filed in accord with this
Section, no tentative subdivision map approval shall be granted by the Planning Commission until tentative
approval thereby of the site development plan,which approval may be prior to or simultaneously with the
approval of the tentative map.The tentative subdivision map shall show the location of each building site
subject to a site development plan.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 Community Development Director substantially in
accord with the approved tentative site development plan.Where a site development plan is required to be
filed in accord with this Section, no final subdivision map approval shall be granted by the City Council unless
and until the final site development plan is submitted to the Community Development Director and
approved by said Director. Notwithstanding the foregoing, if in the opinion of the Planning Commission it
would be preferable to postpone that portion of the site development plan which would consist of the final
grading plan at the location of each lot shown on the subdivision map,the same may be postponed so long
as a notation of such postponement is placed upon the face of the final subdivision or parcel map, in which
case no building permit may be issued for any site unless and until a subsequent final grading plan is
submitted to and approved by the Planning Commission.
(d) Site development plan as part of improvements.Where a final site development plan has been approved in
accord with this Section, it shall automatically become a part of the improvement plans for the lot, parcel or
subdivision in question.
(e) Modification of site development plan. In the actual development of lots,or parcels of the subdivision in
question,the Planning Commission shall have power to grant modifications or deviations from the site
development plan upon application therefor based on circumstances that could not have been known at the
time the site development plan was approved,and subject to compliance with all of the provisions of this
Code. If,in the opinion of the Community Development Director or the Planning Commission,the proposed
modification constitutes a material change in the previously approved site development plan,the Planning
Commission shall first conduct a public hearing on the modification and notice thereof shall be given in the
manner prescribed in Section 14-20.060 of this Chapter.
(f) Policy on lot sizes. Lots located in the Md,Pf, Pmw, Pd, Pdf,and Ms classification in the City's Ground
Movement Potential Map adopted pursuant to Section 16-65.020 of this Code will be required to be large
enough to implement the mitigation required pursuant to Section 14-10.125,even if the required area is
larger than the minimum lot size set out for the applicable zoning district in Chapter 15 of this Code.
(Amended by Ord. 221§2(part), 2003)
14-25.110 Repealed.
Editor's note(s)—Ord. No. 320, § 1.E.9,adopted Nov. 5, 2014, repealed §14-25.110,which pertained to early
warning fire alarm system and derived from Ord. 242 §2(Exh. 2), 2006;Ord. 221§ 2(part), 2003;Ord. 245 §
2(Att.A)(part), 2006;Ord. No. 265, §2.13.1, adopted Apr. 15, 2009;and Ord. No. 294, § 1.6.2,adopted Sept.
5, 2012.
14-25.120 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 individual situations. 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
of subdivisions and sites,the following shall generally not be approved:
Ordinance 398
Page 33
(a) The subdivision or development 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 or other streets not having a means of secondary or emergency access,where such street
services more than fifteen lots or dwelling units.
Article 14-30 IMPROVEMENT REQUIREMENTS
14-30.010 Improvement standards adopted.
Except as otherwise set forth in this Chapter,the standard specifications of the State Department of
Transportation dated 2022,and any subsequent amendments thereto,the"Saratoga Street and Storm Drain
Improvement Standards-1974,"as updated and available on the City's website, and the"ANSI RP-8-05," all of
which standards are 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.Copies of each of said design and improvement standards shall be kept on file for use
and examination by the public in the office of the City Engineer. In the event of any conflict between the standards
and specifications incorporated herein by reference and any of the standards or specifications contained
elsewhere in this Chapter,the latter shall control.
14-30.020 Improvement plans.
The subdivider shall cause plans and profiles for all improvements to be prepared by a registered civil
engineer in accord with design and improvement standards of this Chapter,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 the
City Engineer and subject to the Engineer's approval.Without limiting the foregoing,said plans shall include typical
cross sections and proposed finished grades of all streets together with a profile showing the relation between
finished grade and existing ground elevations,and the lengths,sizes,grades,and type of all pipes, culverts,and
other structures.
14-30.030 Storm water and sewage.
(a) General requirements.Subterranean storm drains shall be designed and installed by the subdivider to
adequately and safely drain all storm waters of the subdivision or site,and all surface waters reaching or
reasonably calculated to reach the subdivision or site from areas outside of its boundaries.All drainage plans
shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention
Program (NPDES)as defined in Article 15-06 of the Zoning Code and the Regional Water Quality Control
Board (RWQCB) Permit requirements and conditions. In order to ensure compliance with the program,
grading plans shall incorporate appropriate source control and site design to meet the NPDES and RWQCB
Permit. Existing storm drains already discharging into a watercourse shall be of a capacity sufficient, in the
opinion of the City Engineer,to adequately and safely carry all of such additional drainage generated by the
development.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 subdivision
or site to prevent standing or flooding waters within and outside of its boundaries. In addition,the
subdivider shall comply with all conditions of the water district as may be imposed by any permit required to
be obtained from such district in order to discharge said waters into a watercourse.
Ordinance 398
Page 34
(b) Drainage into adjacent drains.Whenever a subdivider proposes to drain storm and surface waters to a
watercourse by means of connection with and use of existing drains outside of the subdivision or site rather
than by or in addition to the construction of drains at the subdivider's or owner's own cost and expense
outside of said subdivision or site,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 or site to the nearest accessible natural
watercourse.Subdivider shall also,at its own cost and expense, provide upgrades to any such existing drains
to ensure their ability to carry the additional storm and surface water contributed by the subdivision,subject
to the oversize facilities provisions of subsection (c) below.
(c) Reimbursement for oversize drainage facilities.Whenever the Planning Commission determines that it is
necessary that new or upgraded 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
property alone,and the City shall enter into a contract with the subdivider to collect the excess cost of the
oversize or additional facilities from all persons in the future using the same for the benefit of property not in
the subdivision or site, and to pay such collections of excess cost to the subdivider as received.Said
agreement shall 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.
(d) Sanitary sewers.The subdivider shall connect the 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 City Manager to adequately 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
Planning Commission 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 Article 14-35 of this Chapter,
disposal of sanitary sewage may not be by septic tank methods,or any other method other than by
connection to a sanitary sewer system.
(Amended by Ord. 221§2(part),2003;Ord. 229§2(part), 2004)
14-30.040 Water.
(a) General requirements.The subdivider shall construct a complete water system including mains,valves,
fittings, blowoffs,fire hydrants and other appurtenances and structures adequate to provide water supply
for domestic 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 the San Jose
Water Company and the California Public Utilities Commission,and the grades, location and sizes shall be
approved by the City Engineer.The number and location of fire hydrants shall be as determined by the Fire
Chief of the district serving the area in which the subdivision is located.
(b) Reserved.
(c) Water facilities for hazardous fire areas. In all areas designated by CAL FIRE and the City as high or very high
fire hazard severity zones as shown in the Fire Hazard Zones Map in the Safety Element of the General Plan,
fire hydrants shall be located so that no part of a residential structure shall be further than five hundred feet
from at least one hydrant,and the fire protection system shall be so designed and charged with water so
that each hydrant for residential fire protection shall deliver no less than one thousand gallons per minute of
water.Water storage or other availability shall be such that for any one hydrant of the system,the one
thousand gallons per minute minimum shall be for a sustained period of two hours.All hydrants shall be
installed according to the 2022 California Fire Code CFC Section 507 and Appendix C.
Ordinance 398
Page 35
(d) Availability of water for subdivisions of 500 or more units. Pursuant to Map Act section 66473.7, it shall be a
condition in any tentative map that includes a subdivision of more than 500 dwelling units that a sufficient
water supply shall be available.
14-30.050 Street lights.
All public streets within the subdivision require a peer-reviewed illumination study submitted by the
applicant.The street lights shall be installed per the results of the peer review and subject to the standards in ANSI
RP-8-05.
14-30.060 Trees.
The subdivider shall plant trees on each lot or site pursuant to an Arborist Report prepared and approved
pursuant to section 15-50.130, regardless of whether the subdivision requires the removal of trees, and shall
maintain them for a minimum of one year after planting.The City Arborist shall maintain a list of appropriate
species.All trees planted pursuant to this subsection shall be taken from that list. .Any such trees,which may be
planted in a street right-of-way,shall constitute encroachments subject to removal in accordance with Article 10-
20 of this Code.
(Amended by Ord. 221§ 2(part), 2003)
14-30.070 [Reserved.]
14-30.080 [Reserved.]
14-30.085 Communication systems.
Pursuant to Map Act Section 66473.3,the design of a subdivision for which a tentative map or parcel map
is required pursuant to Map Act Section 66426 must provide for appropriate cable television systems and
communication systems including, but not limited to,telephone and internet services,to each lot or parcel in the
subdivision. "Appropriate cable television systems,"as used in this section, means those franchised or licensed to
serve the geographical area in which the subdivision is located.This section shall not apply to the conversion of
existing dwelling units to condominiums, community apartments,or stock cooperatives.
14-30.090 Cash deposit in lieu of permanent improvement.
(a) 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 subsection 14-25.030(i), need not be improved to full City standards at
the time the subdivider constructs the other improvements, in lieu of installing said permanent
improvements the subdivider may be required to install temporary improvements and deposit with the City
the cash difference between the estimated cost of the temporary improvements and the estimated cost of
the permanent improvement,such cash deposit to be made prior to final acceptance of improvements.
(b) Whenever all or any portion of the subdivision or site is adjacent to an existing street improved or to be
improved by another developer subject to a reimbursement agreement as provided in subsection 14-
25.0300),the subdivider shall be required to pay to the City to the account of the other developer actually
improving said street, a pro rata share of the cost of such street in lieu of constructing the same.Such pro
rata share shall in no event exceed one-half of the total cost of said adjacent street.
Ordinance 398
Page 36
14-30.100 Underground utilities.
(a) All public utility systems and service facilities therefor, including without limitation all electrical distribution
or transmission facilities, and also all other communication systems including, but not limited to,telephone
and internet services, 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 rights-of-way of public
streets,with a junction box for each lot of a subdivision designed to carry the service drops underground to
each serviced building or structure.The subdivider shall make any necessary cost and other arrangements
with each of the public utility and communication system companies involved for the installation of
underground facilities and for the relocation of existing overhead facilities on or adjacent to the subdivision
or site, including notification of the commencement of construction and reasonable notice of the particular
date on which open trenching will be available for the installation of the underground facilities.All
undergrounding work shall be performed in accordance with the respective operating company's rules,
regulations,and specifications.The subdivider shall reimburse the telephone corporation or cable television
system for all costs for the replacement, undergrounding,or relocation.All these costs shall be billed after
they are incurred,and shall include a credit for any required advance payments and for the salvage value of
any facilities replaced. In no event shall the telephone corporation or cable television system be reimbursed
for costs incurred in excess of the cost to replace the facilities with substantially similar facilities.
(b) Undergrounding shall not be required with respect to the following:
(1) Pad-mounted transformers,terminal boxes, meter cabinets and concealed ducts may be situated
aboveground if they are used solely for the purpose of providing service within the subdivision or site
and are used solely in connection with the underground transmission or distribution lines.
(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 or site
and do not in any way serve any part of the subdivision or site.
(3) Poles supporting street lights,and the electrical lines within said poles, may be situated above the
surface of the ground.
14-30.110 Reimbursement agreements.
In addition to the more specific provisions set forth in this Chapter,the subdivider may be required to install
new or upgraded improvements for the benefit of the subdivision with supplemental size,capacity or number so
as to in addition benefit property not within the subdivision or site and to dedicate or offer to dedicate such
additional improvements for public use. In the event of the imposition of such a condition,the City shall enter into
an agreement with the subdivider to reimburse the subdivider Cfor 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 or site only and the actual cost of such improvements,as determined by the City Engineer.Said
reimbursement agreement 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 reimbursement for said excess cost.
14-30.120 Improvements on remainder parcels.
Where,as a condition of tentative map approval, any improvements are required to be constructed upon a
designated remainder parcel, no final map approval shall be granted unless and until the subdivider has executed a
written agreement with the City providing for the construction and completion of all improvements upon the
remainder parcel concurrently with the subdivision or site improvements, unless otherwise expressly stipulated in
said agreement.
Ordinance 398
Page 37
14-30.130 Additional requirements.
In addition to all the provisions of this Article,the Planning Commission:
(a) May require special improvements or structures to be constructed other than as specifically
enumerated herein in order to carry out the purposes of this Chapter or the policies of the General
Plan or any applicable specific plan, and as may reasonably be required to protect public health and
safety by the circumstances of each case.
(b) Shall require the construction of improvements identified as mitigation measures within the City's
responsibility in an environmental impact report that the City certifies or mitigated negative
declaration that the City adopts pursuant to the California Environ mental Quality Act, Public Resources
Code sections 21000 et seq.
(c) Shall require the construction of improvements required to meet the standards set out in the Saratoga
Safe Routes To School Plan.
(d) Shall require that all improvements and conditions be constructed and construction acceptance
granted prior to the filing of the final map for certification. Except that,the Planning Commission may
require upon recommendation of the City Engineer that the City and subdivider enter an agreement
pursuant to Government Code section 66462 providing that certain improvements and/or conditions
be constructed and construction acceptance granted within a specified time period after the filing of
the final map for certification; however, in no case later than issuance of a temporary certificate of
occupancy for individual lots,and providing for the posting of security for such obligation.
(e) In the case of subdivisions of four or fewer lots,the fulfillment of construction requirements, including
off-site and on-site improvements,shall not be required until the time a permit or other grant of
approval for development of the parcel as specified by the City Engineer is issued by the City unless
otherwise agreed to in writing between the subdivider and the City. In the absence of an agreement,
the City may require fulfillment of the construction requirements within a reasonable time following
approval of the parcel map and prior to the issuance of a permit or other grant of approval for the
development of a parcel upon a finding by the City that fulfillment of the construction requirements is
necessary for either of the following reasons:(1)the public health and safety or, (2)the required
construction is a necessary prerequisite to the orderly development of the surrounding area.
(Amended by Ord.71.100§2 (part), 1991)
Article 14-35 EXCEPTIONS TO DESIGN AND IMPROVEMENT REQUIREMENTS
14-35.010 Power to grant exceptions.
If a project requires an exception to any of the design requirements set forth in Article 14-25 of this Chapter,the
improvement requirements set forth in Article 14-30 of this Chapter,or any other requirement,that project is not
consistent with objective standards.The applicant may seek exceptions as set out in this section.The Planning
Commission's power to grant exceptions is discretionary and the ability of a subdivider to seek exceptions does not
result in a by-right approval of any requested exception.
(a) The Planning Commission shall have power to grant exceptions to any of the design requirements set forth in
Article 14-25 of this Chapter; provided, however,that a variance must be granted pursuant to Article 15-70
of the Zoning Ordinance for any exception from the requirement contained in Subsection 14-25.040(a) 14-
25.010 concerning minimum standards for lot area,frontage,width and depth.
(b) The Planning Commission shall have power to grant exceptions from any of the improvement requirements
set forth in Article 14-30 of this Chapter.
Ordinance 398
Page 38
(c) The granting of an exception is not a matter of right and in no event may such exception be granted unless
the Planning Commission is able to make the findings prescribed in Section 14-35.020.
(Ord. No.354, § 1(Exh.A), 12-20-2017)
14-35.020 Findings required.
The Planning Commission may grant an exception under this Article if it finds that:
(a) There are special circumstances or conditions affecting the property,or the exception is necessary for
the preservation and enjoyment of substantial property rights of the subdivider or owner;and
(b) The granting of the exception will not be materially detrimental to the public health,safety, or welfare
or injurious to other property or uses in the vicinity of the subdivision.
14-35.030 Conditions.
As part of the granting of an exception under this Article,the Planning Commission may impose such
conditions in connection therewith as will, in the opinion of the Planning Commission,substantially secure the
objectives of the regulations to which the exception is granted.
Article 14-40 FINAL MAP APPROVAL
14-40.010 General provision.
The form and content of final maps shall comply with all of the provisions of this Article and the applicable
requirements of the Map Act. Final maps not submitted in accordance therewith shall not be considered for
approval.
14-40.020 Submittal and approval of final map by City Engineer.
(a) Prior to the expiration of the tentative map approval or extension thereof pursuant to Section 14-20.080,the
subdivider shall cause the property 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 copies of such final map,with any
and all alterations and changes required thereto,to be filed with the City Engineer for the Engineer's
approval.At the time of filing the final map with the City Engineer,the subdivider shall also file concurrently
therewith the following:
(1) A traverse sheet,giving latitude and departures,showing the mathematical closure,within the
allowable limits of error,of the exterior boundaries of the property in all cases in which said
boundaries are irregular or in which the tract is laid out in irregular blocks, and of the exterior
boundaries of all irregular lots and blocks.
(2) Plans, profile,details,and specifications for improvements conforming to all requirements of this
Chapter and other ordinances of the City,which must show the full details of all improvements and
shall be to a scale of forty to fifty feet to the inch horizontal and four or five feet to the inch vertical.
(3) A detailed estimate of quantities and costs of the proposed public improvements for approval by the
City Engineer.
(4) A title guarantee by a reputable title company doing business in the County,showing the names of all
persons whose consent is necessary for the recordation of the final map and for any dedication to
public use,and their respective interest in the property, certified for the benefit and protection of the
Ordinance 398
Page 39
City that the persons therein named are all of the persons necessary to give clear title to the streets
and other easements to be offered for dedication.
(5) Two copies of all proposed covenants,conditions, and restrictions(CC&Rs)or a statement in writing
signed by the subdivider that no such restrictions are required or will be established.
(6) Instruments effecting any relinquishment required under Subsection 14-25.030(e).
(7) Such deeds,offers of dedication or other instruments affecting or conveying title or any interests in
land as are required under the terms of the tentative approval.
(8) A statement that all applicable fees required under this Chapter have been paid in full to the City
accompanied by documentation of said payments.
(b) The City Engineer shall examine the final map and accompanying data and shall determine:
(1) Whether the proposed final map is substantially the same as the approved tentative map;
(2) Whether all conditions of tentative approval have been completed,or if incomplete, are matters which
are includable in an improvement agreement with the City;provided, however,conditions of tentative
map approval must require that all improvements or conditions be completed prior to final map
approval,except those expressly exempted by the Planning Commission pursuant to Section 14-
30.130(b)and(c). Only the completion of improvements and/or conditions expressly exempted by the
Planning Commission pursuant to Section 14-30.130(b)and(c)shall be the subject of an improvement
agreement.The final map shall not be found to substantially comply with the approved tentative map
until all improvements and/or conditions,excluding those so expressly exempted,are completed;
(3) Whether the Map Act, all provisions of this Chapter and all other applicable provisions of law have
been complied with;and
(4) Whether the final map is technically correct.
(c) Upon the City Engineer's determination that all requirements of this Section have been satisfied,the
Engineer shall execute the City Engineer's certificate on the final map.
(Amended by Ord. 71.100§ 2(part), 1991)
14-40.030 Contents of final map.
The final map shall conform with all of the following provisions:
(a) Title and subtitle of map.The title sheet shall contain the tract or site designation as approved by the
Planning Commission and the tract or map number. Below the title sheet shall appear a subtitle giving
a general description of the property by reference to the maps which have previously been recorded or
by reference to the plan of the United States survey. If the property lies wholly in the City,the
following words shall appear below the title, "In the City of Saratoga;" if the property lies partly in the
City 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 description 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.The map shall include sufficient data to determine readily the bearing and
length of every lot line, block line and boundary line. Dimensions 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 hundredth.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.
Ordinance 398
Page 40
(c) Boundary references and monuments.The map shall show clearly the stakes, monuments(type and
size)or other evidence found on the ground to determine boundaries of the property.The adjoining
corners of all adjoining subdivisions shall be identified by lot and block number,tract designation and
place of record and proper ties therewith.The map shall show the location 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 Engineer has established the centerline of a street adjacent to or within the property,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 property 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.
(2) The boundary of the property shall be designated by a distinctive border..Such border shall not
obliterate figures or other data.
(3) The centerlines and sidelines 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 property
is or 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 property.
(5) City boundary lines which bound, adjoin within one hundred feet,or cross the property 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 numbering sequence of the previous unit,providing the
commercial name of the subdivision remains unchanged. Each block shall be shown on one sheet
when possible.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 required herein 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 easements 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 Chapter,the provisions of the Map Act(including specifically Government Code
Section 66434), or otherwise required by any applicable 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),
Ordinance 398
Page 41
County Recorder's certificate(Government Code Section 66442.5)and such other certificates as may
hereafter be required by the Map Act.The form of each certificate shall be as prescribed in the Map
Act or as established by resolution of the City Council if not otherwise prescribed in the Map Act.The
owner's certificate shall include any required relinquishment pursuant to Section 14.04.030(e)and
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 designated as such on the map.
14-40.040 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 mylar 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 requirements have been satisfied:
(a) The final map is accompanied by:
(1) A pdf of the final map;
(2) The improvement plans accompanied by a statement of approval thereof signed by the City
Engineer;
(3) Two copies of the City's standard form of improvement agreement executed by the subdivider,
together with the security required to be furnished thereunder,the requisite monument bond
guaranteeing payment of the cost of setting monuments(Government Code Section 66496),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 indemnity agreement and insurance policy required by Section 14-05.055 of this Chapter;
and
(5) All documents and matters previously submitted to the City Engineer under Subsection 14-
40.020(a)of this Article.
(b) All required fees and costs have been paid in full to the City.
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 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 filing the City
Council thereafter takes final action to approve or disapprove the map in accord with Section 14-
40.050 of this Article.
(Amended by Ord. 71.100§2 (part), 1991)
14-40.050 Action by City Council.
(a) The City Council shall at its next available regular meeting after filing of the final map with the City Clerk,
approve or disapprove the final map.At the time of approval the Council shall accept or reject the offers of
dedication.
(b) No map will have any force or effect until 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.
(c) If the final map is not approved by the City Council,the City Clerk shall return the map to the subdivider with
a written statement setting forth the reasons for disapproval.
Ordinance 398
Page 42
(Amended by Ord. 71.96§ 1, 1991)
14-40.060 Recordation of final map.
(a) Upon approval of a final map by the City Council,the City Clerk shall sign and affix the City seal to the Clerk's
certificate attached to such map and shall deliver the map to the City Engineer who shall release such map to
the applicant to be filed for record in the office of the County Recorder in accordance with the Map Act.
(b) Reserved.
(c) Within ten days after recordation of the final map,the subdivider at their own expense shall furnish the City
Engineer with three paper copies of the approved improvement plans and pdfs of the recorded map,
covenants,conditions and restrictions(CC&Rs), offers of dedication by instrument,deeds,or other
documents affecting title and relating to the final map.The City will not issue building,grading, excavation,
or improvement permits prior to delivery of these recorded documents.
(Amended by Ord. 71.96§2, 1991)
14-40.070 Rejected offers of dedication.
(a) Unless otherwise established by resolution of the City Council, it is the policy of the City not to accept at the
time of final map approval offers of dedication of streets,storm drain easements or other easements
requiring improvement by the subdivider, and only accepting the same after the completion of all
improvements and a period thereafter of not less than one year's maintenance by the subdivider, and
agreeing to accept them at such future date in consideration of other covenants and agreements of the
subdivider of said land which normally will be contained in a regular or deferred improvement agreement.
(b) 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, public utility easements, rights-of-way for local transit facilities such as bus
turnouts,benches,shelters, landing pads,and similar items,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 or owner, 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.Without limitation,the foregoing is intended to apply to public service easements,sanitary sewer
easements,slope easements and reserve strips.Any such offer of dedication not so accepted shall remain
open until accepted or until abandoned by resolution of the City Council.
Article 14-45 Repealed
Article 14-50 LOT LINE ADJUSTMENTS
14-50.010 Purpose.
Lot line adjustments are intended to provide practical flexibility for minor alterations of existing parcels
and/or improved lot design.The lot line adjustment procedure authorizes property line(s)between four or fewer
existing adjoining legal parcels to be altered so long as no additional parcels are created and all other state and
local requirements are met.
(Ord. 229§2(part), 2004)
Ordinance 398
Page 43
14-50.015 Application.
Application for a lot line adjustment shall be filed with the Community Development Director on such form
as the Director shall prescribe.The application shall be signed by all parties holding an ownership interest in any
properties that are the subject of the proposed lot line adjustment.The Community Development Director shall
examine the application and shall not file the same until all of the requirements of this Article with respect to the
form and content of the application and the documents to be submitted therewith have been fully satisfied and all
fees and costs due and payable at the time of filing the application have been paid in full.The time of filing the
application shall be the date on which the application is found by the Community Development Director to be
complete.
(Amended by Ord. 229§2(part), 2004)
14-50.020 Contents of application.
The applicant shall submit electronic copies of a scale drawing showing the proposed lot line adjustment,
prepared by a registered civil engineer or land surveyor.Such drawing shall have a dimension of not less than
eighteen inches by twenty-six inches,and the scale thereof, based upon the combined area of all properties which
are the subject of the lot line adjustment,shall be as follows:one inch shall be equal to twenty feet for two acres
or less;one inch shall be equal to fifty feet for two acres through twenty acres;and one inch shall be equal to one
hundred feet for over twenty acres in area.The drawing shall contain,or shall be accompanied by,the following
information:
(a) The existing lot lines of all properties which are the subject of the lot line adjustment and the name of
any existing recorded maps applicable to such properties,the date of recording such maps,and the
book and page of the official records where such maps are recorded.
(b) The proposed lot lines and the dimensions of the lots as reconfigured by the lot line adjustment,
including frontage,width, depth,and area in square feet.
(c) Date of preparation, north point, and scale.
(d) A key map showing adjacent contiguous property on all sides,giving location, names, and widths of
adjacent rights-of-way.
(e) Name and address of record owners of all properties which are the subject of the lot line adjustment
and the name and address of the civil engineer or land surveyor who prepared the drawing.
(f) Locations, names,widths,centerline radii and centerline slopes of all streets within or adjacent to the
subject properties.
(g) Existing contours of the subject properties, expressed in intervals of five feet,together with a
calculation of the average slope of each property, as determined in accordance with Section 14-10.280
of this Chapter.
(h) Location and description of all existing buildings and structures upon the subject properties.
(i) Location and character of all existing easements.
(j) Existing use or uses and zoning classification of each property having a lot line to be adjusted.
(k) Location of all creeks,streams, and other watercourses,showing top of existing banks and creek depth.
(1) A certification from the owner of each affected parcel documenting ownership of the parcel and
certifying owner's right to authorize the lot line adjustment.Said certification shall attach a preliminary
title report or comparable document issued within ten days from the date of filing the application by a
reputable title company doing business in the County and showing all parties having any interest in the
subject properties.
Ordinance 398
Page 44
(m) In addition to the foregoing,the Community Development Director may require the applicant to
submit such additional documents, information and materials as the Director deems necessary for the
review, processing,and evaluation of the proposed lot line adjustment. If any such additional
documents, information or materials are required,the Director shall so advise the applicant in writing
within thirty days from the filing of the application.
(Amended by Ord. 229§2(part), 2004)
14-50.030 Investigation and report by Community Development Director.
(a) The Community Development Director may transmit a copy of the application to such persons and agencies
as the Director may deem appropriate for review and recommendations thereon, including, but not limited
to,the Health Officer,the Santa Clara Valley Water District,the sanitation and fire districts having
jurisdiction, and any utility companies serving the area in which the subject properties are located.
(b) The Community Development Director, upon receipt of any recommendations from the persons and
agencies referred to in subsection (a)of this Section and completion of the Director's own review and
analysis of the application, shall cause a written staff report to be prepared and submitted to the Planning
Commission and shall furnish the applicant with a copy of such report not later than three days prior to the
date on which the application is first considered by the Planning Commission.
(Amended by Ord. 229§2(part), 2004)
14-50.035 General Plan and zoning requirements and criteria.
The requirements and criteria in this Section apply to the determination of whether the parcels resulting
from a proposed lot line adjustment will conform to the minimum lot size and development density requirements
of the General Plan and Zoning Ordinance.This Section does not contain a complete list of General Plan and Zoning
Ordinance requirements that may apply to lot line adjustments.
(a) All lots resulting from a lot line adjustment shall comply with the applicable General Plan and Zoning
Ordinance. In the event of an unreconcilable conflict between the General Plan and the Zoning
Ordinance regarding density or minimum lot size designations for the subject lots,the General Plan
shall govern.
(b) A"substandard lot"is defined for the purposes of this Chapter as a lot that does not meet the
minimum lot size requirements of the General Plan and Zoning Ordinance designations applicable to
the property.
(c) If any lot resulting from the proposed lot line adjustment would be a substandard lot,the lot line
adjustment may only be approved if the lot line adjustment would not cause or contribute to an
increase in allowable density beyond or reduction (or further reduction)in minimum lot size below,
that authorized by the General Plan designation and Zoning Ordinance when the lot line adjustment
application was deemed complete. Lot line adjustments involving a substandard lot that falls into one
or more of the following categories are presumed not to cause or contribute to an increase in
allowable density or reduction(a further reduction)in minimum lot size and may be approved if the
approving authority makes all of the required findings in this section and in Section 14-50.040.
Category 1—No increase in number of Developable Lots.
(1) No substandard lot is reduced or further reduced in area;and
(2) Each adjusted lot retains at least ninety percent of the real property included in the lot prior to
the proposed lot line adjustment;and
Ordinance 398
Page 45
(3) The lot line adjustment would not result in any additional developable lots or a greater allowable
density than prior to the lot line adjustment. In determining if a lot is developable,the lot must
meet at least one of the following criteria.
(i) Contain a legal dwelling constructed pursuant to and in compliance with a validly issued
design review and subsequent building permit;or
(ii) Be subject to an unexpired design review approval and or building permit;or
(iii) Be a whole lot on a numbered tract map or parcel map issued pursuant to a legal
subdivision.
Category 2—Curing an encroachment or setback violation for existing legal structures.A lot line
adjustment curing an encroachment or setback violation on a substandard lot qualifies under this subsection
if the approving authority finds that the proposed lot line adjustment involves only two lots and its sole
purpose is to cure or partially cure an encroachment or setback violation involving the following types of
improvements that were legally constructed or partially constructed by or on behalf of a property owner on
an adjoining lot.
(1) A dwelling, building,or structure that was constructed before any permits were required by the
City of Saratoga or the County of Santa Clara for such improvements;or
(2) A dwelling, building,or structure for which all legally required permits were issued prior to
construction and the improvements were constructed in compliance with all approved plans and
permits.
Category 3—Environmental Impact Avoidance.The sole purpose of the lot line adjustment is to reduce
or avoid significant environmental impacts such as geological hazards or disturbance of important viewshed,
riparian or habitat areas identified in a certified environmental impact report or mitigated negative
declaration adopted by the City.Where this criterion is the basis for approval,the Planning Commission shall
first hold a public hearing on the application and make all of the following findings before approving the
proposed lot line adjustment.
(1) The lot line adjustment would not result in any additional developable lot or a greater allowable
density than legally existed prior to the lot line adjustment.A developable lot is one that meets
at least one of the following criteria.
(i) Contain a legal dwelling constructed pursuant to and in compliance with a validly issued
design review and subsequent building permit;or
(I i) Be subject to an unexpired design review approval and/or building permit;or
(iii) Be a whole lot on a numbered tract map or parcel map approved pursuant to a legal
subdivision.
(2) The lot line adjustment would result in no unmitigated significant environmental impacts
identified in a certified environmental impact report or mitigated negative declaration adopted
by the City.
(Ord. 229§2(part), 2004)
14-50.040 Action by Community Development Director; findings.
(a) Within sixty days after the application is accepted as complete, unless such time is extended by mutual
agreement of the Planning Commission and the applicant or as otherwise provided by law,the Community
Development Director(or the Planning Commission where applicable)shall approve, conditionally approve,
or disapprove the application and shall report such action to the applicant.A copy of said report shall be kept
Ordinance 398
Page 46
on file in the City offices for a period of not less than five years,and in all events, until the recordation of a
record of survey or deed, as required under Section 14-50.060, and final acceptance by the City of any public
improvements to be constructed by the applicant and termination of the applicant's responsibility to
maintain such improvements.
(b) The Community Development Director shall not approve a lot line adjustment unless the Director makes all
of the following findings:
(1) That the proposed lot line adjustment is consistent with the General Plan and any applicable specific
plan.
(2) That the proposed lot line adjustment is consistent with the regulations contained in the Zoning
Ordinance,the Building Ordinance, and this Chapter. For the purpose of this finding,the lot line
adjustment shall be deemed consistent if no new violation of such regulations is created by the lot line
adjustment, or if the nonconformity created by the lot line adjustment is specifically approved by the
Planning Commission through the appropriate process,such as the granting of a variance or use permit
under Chapter 15 of this Code or the granting of an exception under this Chapter.
(3) That the proposed lot line adjustment will not conflict with easements, acquired by the public at large
for access through or use of the subject properties. In this connection,the Community Development
Director may grant conditional approval conditioned on the provision of alternate easements
substantially equivalent to ones previously acquired by the public.This subsection shall apply only to
easements of record or to easements established by judgment of a court of competent jurisdiction and
no authority is granted to the Community Development Director or to the Planning Commission to
determine that the public at large has acquired easements for access through or use of any portion of
the subject properties by prescription.
(4) The lot line adjustment is between four or fewer existing, adjoining lots. Where an owner of adjoining
parcels has previously obtained a lot line adjustment for four adjoining parcels and subsequently
requests a lot line adjustment for one or more additional adjoining parcels, a subdivision is required.
Where more than one property owner concurrently requests a lot line adjustment for more than four
adjoining parcels,a subdivision is required.
(c) The Community Development Director shall not impose conditions on its approval of a lot line adjustment
except for those conditions which the Community Development Director deems necessary for
implementation of,and conformity with,any General Plan policies,or any zoning regulations set forth in
Chapter 15 of this Code,or building regulations set forth in Chapter 16 of this Code,to require the
prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the
relocation of existing streets, utilities, infrastructure, or easements(including rights-of-way)so that these
alternate streets, utilities, infrastructure,or easements are substantially equivalent to those already existing.
(d) A public hearing shall be conducted for any lot line adjustment application requiring Planning Commission
approval. Notice of the hearing shall be given not less than ten days nor more than thirty days prior to the
date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant
and to all persons whose names appear on the latest available assessment roll of the County as owning
property within five hundred feet of the boundaries of the subdivision or site which is the subject of the
application. Notice of the public hearing shall also be published once in the newspaper having general
circulation in the City not later than ten days prior to the date of the hearing.
(Amended by Ord. 229§2(part), 2004)
14-50.050 Expiration of conditional approval; extensions.
(a) The conditional approval of a lot line adjustment shall expire twenty-four months from the date on which the
Community Development Director, Planning Commission, (or City Council on appeal),granted its approval or
conditional approval, unless otherwise extended by law.
Ordinance 398
Page 47
(b) An extension of the expiration date may be granted by the Planning Commission for a period or periods of
time not exceeding thirty-six months.The application for extension shall be filed prior to the expiration date,
and shall be accompanied by the payment of a fee in such amount as established from time to time by
resolution of the City Council. Extension of conditional approval is not a matter of right and the Planning
Commission may deny the application.
(Ord. 229§ 2(part), 2004)
14-50.060 Approval and recordation of survey or deed.
(a) Prior to the expiration of the conditional approval or extension thereof pursuant to Section 14-50.050,the
applicant shall submit to the City Engineer any required record of survey and a deed,and such other
documents as may be lawfully required under the conditions of the conditional approval. No record of survey
shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions
Code.The City Engineer may accept a deed where the lot line adjustment involves only the movement of
property lines without relocation of any streets, utilities,easements,or other rights-of-way.
(b) The City Engineer shall examine the survey or deed and accompanying data and shall determine:
(1) Whether the proposed survey or deed substantially complies with the tentative approval of the lot line
adjustment;
(2) Whether all conditions of tentative approval have been completed, or if incomplete, are matters which
are includable in a regular or deferred improvement agreement with the City;
(3) Whether all provisions of this Chapter and all other applicable provisions of law have been complied
with;and
(4) Whether the survey or deed is technically correct.
(c) Upon the City Engineer's determination that all requirements of this Section have been satisfied,the City
Engineer shall notify the applicant that the survey or deed has been approved as to form and content.The
City Engineer shall thereupon cause the survey or deed to be filed for record in the office of the County
Recorder when all of the following conditions as may be applicable have been satisfied:
(1) The applicant has executed the City's standard or deferred form of improvement agreement and
furnished to the City the security required thereunder.
(2) The applicant has furnished to the City the monument bond guaranteeing payment of the cost of
setting monuments and such other agreements and bonds as may be required by law.
(3) The applicant has furnished to the City the indemnity agreement and insurance policy required by
Section 14-05.055 of this Chapter.
(4) The applicant has executed and furnished to the City for recordation any offers of dedication to be
made by separate instrument,deeds, or other documents affecting title and relating to the lot line
adjustment,together with the applicable recording fees, if any.
(5) All required fees and costs have been paid in full to the City, including but not limited to the cost of
recordation of the survey or deed required by this subsection(c).
(d) Where an offer of dedication is made in connection with a lot line adjustment,the provisions of Section 14-
40.070 shall be applicable to such offer.
(Ord.229§ 2 (part), 2004)
Ordinance 398
Page 48
Article 14-55 CORRECTION AND AMENDMENT OF FINAL MAPS
14-55.010 Amendments permitted.
(a) After a final map is filed for record in the office of the County Recorder, it may be amended by a certificate of
correction or an amending map,for any of the following reasons:
(1) To correct an error in any course or distance shown thereon;
(2) To show any course or distance that was omitted therefrom;
(3) To correct an error in the description of the real property shown on the map;
(4) To indicate monuments set after the death,disability,or retirement from practice of the engineer or
surveyor charged with responsibilities for setting monuments; or
(5) To show the proper location or character of any monument which has been changed in location, or
character, or originally was shown at the wrong location or incorrectly as to its character.
(6) To correct any other type of map error or omission as approved by the City Engineer,which does not
affect any property right.Such errors and omissions may include, but are not limited to, lot numbers,
acreage, street names, and identification of adjacent record maps.
(7) To make modifications when there are changes in circumstances that make any or all of the conditions
of the map no longer appropriate or necessary and the modifications do not impose any additional
burden on the present fee owner of the property and do not alter any right,title or interest in the real
property reflected on the recorded map, and the map as modified conforms to Government Code
Section 66474.
(8) To correct any additional information filed or recorded pursuant to Section 66434.2, if the correction
does not impose any additional burden on the present fee owners of the real property and does not
alter any right,title,or interest in the real property reflected on the recorded map
(b) As used in this Section, "error"does not include changes in courses or distances from which an error is not
ascertainable from the data shown on the final map.
14-55.020 Form and contents.
The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or
licensed land surveyor.An amending map shall conform to the requirements of Section 14-40.030 of this Chapter.
The amending map or certificate of correction shall set forth in detail the corrections made and show the names of
the present fee owners of the property affected by the correction.
14-55.030 Submittal and approval.
(a) Where the correction or amendment of the final map is made for any of the reasons set forth in subsections
14-55.010(a)(1)through (6)and (8),the amending map or certificate of correction shall be submitted to the
City Engineer for review and approval.The City Engineer shall examine the amending map or certificate of
correction and if the only changes made are those described in subsections 14-55.010(a)(1)through (6)and
(8),the City Engineer shall certify to this fact on the amending map or certificate of correction.
(b) Where the correction or amendment of the final map is made for the reason described in subsections 14-
55.010(a)(7),the amending map or certificate of correction shall be submitted to the Planning Commission
for review and approval.The Commission shall conduct a public hearing on the proposed modification and
notice thereof shall be given in the manner prescribed in Section 14-20.060 of this Chapter.The Commission
shall confine the hearing to consideration of and action on the proposed modification.The modification shall
Ordinance 398
Page 49
not be approved if the Commission,with respect to the modification, makes any of the findings set forth in
subsections 14-20.070(b)of this Chapter.
14-55.040 Filing with County Recorder.
The amending map or certificate of correction,as certified and approved by the City Engineer or as approved
by the Planning Commission,shall be filed for record in the office of the County Recorder.Thereupon,the original
map shall be deemed to have been conclusively so corrected and shall impart constructive notice of all such
corrections in the same manner as though set forth upon the original map.
14-55.050 Fees and costs.
A fee for the checking, processing,and recording an amending map or certificate of correction, in such
amount as established from time to time by resolution of the City Council,shall be paid upon submission of the
proposed map or certificate,together with a deposit of the estimated cost of noticing the public hearing, if
required.
Article 14-60 IMPROVEMENT AGREEMENTS
14-60.010 Improvement agreement.
Prior to the commencement of any work on improvements to be accepted by the City,the owner of the
subdivision shall enter into a written agreement with the City,which shall contain the following provisions:
(a) That all improvements will be constructed in accordance with the plans and specifications as previously
approved by the City Engineer, and will be satisfactorily completed within one year from the date of
final subdivision approval(or such other date as may be specified in the agreement).
(b) That the owner shall maintain the improvements in good condition and repair and guaranty the same
against any defects in material and workmanship for a period of one year from the date of final
approval by the City.
(c) That upon any failure by the owner to complete or maintain the improvements or to correct any
defects therein,the City may perform any necessary construction, maintenance or corrective work and
recover the full cost and expense thereof from the owner.
(d) That the owner shall pay to the City the cost of inspecting the improvements.
(e) That the owner shall furnish to the City the improvement security required by Section 14-60.020 of this
Article.
(f) That the owner shall furnish to the City the indemnity agreement and insurance policy required by
Section 14-05.055 of this Chapter.
(g) Such other terms,covenants,conditions or provisions as the City Council,the City Engineer or the
Community Development Director may deem necessary or appropriate.
(Amended by Ord. 221§2(part), 2003)
14-60.020 Improvement security.
(a) The subdivider shall furnish to the City good and sufficient security, in one or a combination of the forms as
authorized under Paragraph(b)of this Section, in the following amounts and for the following purposes:
Ordinance 398
Page 50
(1) An amount equal to one hundred percent of the total estimated cost of the improvement or of the act
to be performed,as determined by the City Engineer,securing faithful performance of the act or
agreement;and
(2) An amount equal to one hundred percent of the total estimated cost of the improvement or of the act
to be performed,as determined by the City Engineer,securing payment to the contractor,the
subcontractors,and persons furnishing labor, materials, or equipment for the improvement or the
performance of the required act.
As part of the obligation guaranteed by the security and in addition to the face amount of the
security,there shall be included costs and reasonable expenses and fees, including reasonable
attorneys'fees, incurred by the City in successfully enforcing the obligation secured.
(b) The security required under Paragraph (a)of this Section shall be one or a combination of the following, at
the option of and subject to the approval of the City Manager:
(1) A performance bond,substantially in the form set forth in Government Code Section 66499.1, and
labor and material bond,substantially in the form set forth in Government Code Section 66499.2,
issued by a corporate surety duly authorized to transact business in the State.
(2) A deposit held by the City in cash or, if accepted by the City Manager, negotiable bonds of the kind
approved for securing deposits of public monies.
(3) An instrument of credit from one or more financial institutions subject to regulation by the State or
Federal government and pledging that the funds necessary to carry out the act or agreement are on
deposit and guaranteed for payment,or a letter of credit or set aside letter issued by such a financial
institution.The form and content of such instrument, letter of credit,or set aside letter shall be subject
to approval by the City Attorney.
(c) The security for faithful performance required under this Section shall remain in full force and effect for a
period of one year following the completion of the work as continuing security for the owner's guarantee
against any defective work or labor done or defective materials furnished, and thereafter until all
deficiencies in construction, maintenance and repair have been corrected to the satisfaction of the City
Engineer and final acceptance of all work is granted by the City Council. Upon completion of the work,the
City Engineer may, in the Engineer's discretion, permit the owner to reduce the amount of such security if
the City Engineer determines that a lesser amount will be sufficient to secure the owner's obligation to
correct any defects in workmanship or materials.The security required under this Section for payment to
contractors,subcontractors and to persons furnishing labor, materials,or equipment shall,after final
acceptance of the work and passage of the time within which claims of lien are required by law to be
recorded, be reduced to an amount equal to the total claimed by all persons for whom claims of lien have
been properly recorded and timely notice thereof given in writing to the City, and if no such claims have
been recorded,the labor and material security shall be released in full.The reduction or release of security
authorized herein shall not apply to any amount deemed by the City Manager to be necessary as security for
costs,expenses and fees, including reasonable attorneys'fees,that may be incurred by the City as a result of
any breach of the improvement agreement by the owner.
(d) If the required improvements are financed and installed pursuant to a special assessment proceeding and
the contractor has furnished a performance bond and labor and materials bond as required by the special
assessment act pursuant to which the improvements are being constructed,the improvement security
required under this Article may be reduced by an amount corresponding to the amount of such bonds so
furnished by the contractor.
(Amended by Ord.71.100§2(part), 1991)
14-60.030 Repealed.
(Ordinance 71.45,adopted May 18, 1988.)
Ordinance 398
Page 51
Article 14-65 MERGER OF PARCELS
14-65.010 Requirements for parcel merger.
A parcel or unit of land may be merged with a contiguous parcel or unit of land held by the same owner if
any one of such parcels or units does not conform to the applicable standard for minimum site area as prescribed
in the Zoning Ordinance, and all of the following requirements are satisfied:
(a) At least one of the affected parcels is undeveloped by any structure for which a building permit was
issued or for which a building permit was not required at the time of construction, or is developed only
with an accessory structure or accessory structures,or is developed with a single structure other than
an accessory structure that is also partially sited on a contiguous parcel or unit.
(b) With respect to any affected parcel,one or more of the following conditions exist:
(1) The parcel comprises less than five thousand square feet in lot area at the time of the
determination of merger.
(2) The parcel was not created in compliance with applicable laws and ordinances in effect at the
time of its creation.
(3) The parcel does not meet current standards for sewage disposal and domestic water supply per
the California Plumbing Code.
(4) The parcel does not meet slope stability standards per the California Building Code.
(5) The parcel has no legal access which is adequate for vehicular and safety equipment access and
maneuverability per the California Building Code.
(6) Development of the parcel would create health or safety hazards.
(7) The parcel is inconsistent with the General Plan and any applicable specific plan, other than
minimum lot size or density standards.
(c) For purposes of determining whether contiguous parcels are held by the same owner, ownership shall
be determined as of the date that notice of intention to determine status is recorded pursuant to
Section 14-65.020 of this Article.
14-65.020 Notice of intended merger.
Whenever the Community Development Director believes that a parcel or unit of land may satisfy the
requirements set forth in Section 14-65.010 and ought to be merged,or whenever the Planning Commission or the
City Council makes such determination and instructs the Community Development Director to initiate proceedings
under this Article,the Director shall cause to be mailed by certified mail to the then current record owner of the
property a notice of intention to determine status, notifying the owner that the affected parcels may be merged
pursuant to the standards of this Article,and advising the owner of the opportunity to request a hearing on
determination of status and to present evidence at the hearing that the property does not meet the criteria for
merger.The notice of intention to determine status shall be filed for record in the office of the County Recorder on
the date such notice is mailed to the property owner.
(Amended by Ord. 221§2(part), 2003)
14-65.030 Request for hearing; notice.
At any time within thirty days after recording the notice of intention to determine status,the owner of the
affected property may file with the Community Development Director a request for a hearing on determination of
Ordinance 398
Page 52
status. Upon receiving such request,the Director shall fix a time,date, and place for a hearing to be conducted by
the Planning Commission and shall so notify the property owner by certified mail.The hearing shall be conducted
not more than sixty days following the Director's receipt of the property owner's request therefor, but may be
postponed or continued with the mutual consent of the Planning Commission and the property owner.
(Amended by Ord. 221 §2(part), 2003)
14-65.040 Action by Planning Commission.
(a) At the hearing conducted by the Planning Commission in accordance with Section 14-65.030,the property
owner shall be given the opportunity to present any evidence that the affected property does not meet the
standards for merger as specified in Section 14-65.010 of this Article. Upon the conclusion of such hearing,
the Planning Commission shall make a determination that the affected parcels are to be merged or are not to
be merged and shall so notify the property owner of its determination.A determination of nonmerger may
be made by the Planning Commission whether or not the affected property meets the standards for merger
specified in Section 14-65.010 of this Article.
(b) The action by the Planning Commission may be appealed to the City Council in accordance with the
procedure set forth in Article 14-85 of this Chapter.
(c) A final determination and notice of merger by the Planning Commission or the City Council on appeal shall be
recorded in the office of the County Recorder within thirty days after the date on which the determination is
rendered.The notice shall specify the name of the record owners and the legal description of the affected
property.
14-65.050 Determination when no hearing is requested.
If,within the thirty day period specified in Section 14-65.030,the owner does not file a request for a hearing,
the Planning Commission may, at any time thereafter, make a determination that the affected parcels are to be
merged or are not to be merged.A determination of merger shall be recorded as provided in subsection 14-
65.040(c) no later than ninety days following the mailing of notice required by Section 14-65.020.
14-65.060 Release of notice of intended merger.
If the Planning Commission, or the City Council on appeal, determines that the affected parcels shall not be
merged, it shall cause to be recorded in the office of the County Recorder a release of the notice of intention to
determine status recorded pursuant to Section 14-65.020,and shall mail a clearance letter to the then current
owner of the property.
14-65.070 Effective date of merger.
If the Planning Commission,or the City Council on appeal,determines that the affected parcels shall be
merged,the merger will become effective upon recording in the office of the County Recorder the determination
of merger as provided in subsection 14-65.040(c).
Article 14-70 REVERSION TO ACREAGE
14-70.010 Initiation of proceedings.
Proceedings for reversion to acreage may be initiated by the City Council on its own motion or by the
petition of all of the owners of record of the real property within the subdivision.
Ordinance 398
Page 53
14-70.020 Form of petition; fee.
(a) The petition shall be filed with the Community Development Director on such form as the Director may
prescribe and shall contain or be accompanied by the following information:
(1) Adequate evidence of title to the real property within the subdivision.
(2) Sufficient data to enable the City Council to make all of the determinations and findings required by
this Article.
(3) A final map,which delineates dedications,which will not be vacated, and dedications,which are a
condition to reversion.
(4) Such other pertinent information as may be required by the Community Development Director or the
City Council.
(b) The petition shall be accompanied by the payment of a processing fee, in such amount as established from
time to time by resolution of the City Council,together with a deposit for the cost of noticing the public
hearing required under Section 14-70.030 of this Article.
(Amended by Ord. 221§2(part), 2003)
14-70.030 Public hearing.
A public hearing shall be conducted by the City Council on the proposed reversion to acreage. Notice thereof
shall be given in the manner prescribed in Section 14-20.060 of this Chapter.
14-70.040 Findings required.
Subdivided real property may be reverted to acreage only if the City Council finds that:
(a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are
unnecessary for present or prospective public purposes;and
(b) Either:
(1) All owners of an interest in the real property within the subdivision have consented to the
reversion;or
(2) None of the subdivision or site improvements required to be made have been made within two
years from the date the final or parcel map was filed for record,or within the time allowed by
agreement for completion of such improvements,whichever is later;or
(3) No lots shown on the final or parcel map have been sold within five years from the date such
map was filed for record.
14-70.050 Conditions of reversion.
As conditions of reversion,the City Council shall require:
(a) Dedications or offers of dedication necessary for the purposes of existing or proposed streets,
emergency access routes, utility installations,scenic or open space easements, pedestrian and
equestrian pathways or trails and the preservation of any offers of dedication as shown on the original
final or parcel map which have not yet been accepted by the City.
(b) Retention of all previously paid fees.
Ordinance 398
Page 54
(c) Retention of all required improvement security unless,as part of the reversion to acreage,the City
Council determines that any portion or all of the work secured thereby is no longer necessary, in which
event the security may be reduced to an amount equal to the estimated cost of performing the
remaining work, if any, described in the improvement agreement.
14-70.060 Requirement for parcel map.
(a) A parcel map showing all of the land being reverted to acreage shall be approved by the City Council and
filed for record in the office of the County Recorder.All of the provisions of Article 14-40 of this Chapter
pertaining to the form, content, review, certification,approval,and recordation of final maps shall be
applicable to such parcel map.Any streets or easements to be left in effect after the revision, and any new
dedications required pursuant to subsection 14-70.050(a),shall be delineated on the parcel map.
(b) The filing of a parcel map shall constitute legal reversion to acreage of the land affected thereby, and shall
also constitute abandonment of all streets and easements not shown on such map.The filing of the map
shall also constitute a merger of the separate parcels into one parcel for purposes of this Chapter and shall
thereafter be shown as such on the assessment roll of the County.
14-70.070 Effective date of reversion.
A reversion to acreage pursuant to this Article shall be effective upon the final parcel map,as required under
Section 14-70.060, being filed for record in the office of the County Recorder.Thereupon,all prior dedications and
offers of dedication not shown on such map shall be of no further force or effect.
14-70.080 Merging and resubdividing without reversion.
Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all
applicable requirements as set forth in this Chapter and the Map Act.The filing of a final map or parcel map
pursuant to this Chapter shall constitute legal merging of the separate parcels into one parcel and the
resubdivision of such parcel, and the real property shall thereafter be shown on the assessment roll of the County
with the new lot or parcel boundaries.Any unused fees or deposits previously made pursuant to this Chapter
pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are
applicable at the time of resubdivision.Any public streets or public easements to be left in effect after the
resubdivision shall be adequately delineated on the map.The filing of the map shall constitute legal merger and
resubdivision of the land affected thereby,and shall also constitute abandonment of all streets, easements,
dedications and offers of dedication not shown on the map, provided that a written notation of each
abandonment is listed by reference to the recording data creating these public streets or public easements, and
certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the
map. If no resubdivision is requested, merger of contiguous parcels under common ownership is authorized
without reverting to acreage,subject to such terms,covenants,conditions or provisions as the City Council,the
City Engineer or the Community Development Director may deem necessary or appropriate and the recordation of
an instrument evidencing the merger,which may include a deed of merger.
(Amended by Ord. No. 284, § 1(Att.A), 5-18-2011)
Article 14-75 CONDOMINIUM CONVERSION
14-75.010 Purposes of Article.
This Article is enacted for the following purposes:
Ordinance 398
Page 55
(a) To maintain a reasonable balance of rental to ownership housing that adequately serves the needs of
the community by establishing vacancy rate criteria which must be met prior to permitting conversion
of existing multiple family housing to community housing.
(b) To help maintain the supply of rental housing as an alternative housing source for senior citizens,and
in this regard to reduce and avoid the displacement of long-term residents who may be required to
move from the community as a result of any shortage of replacement multiple family rental housing.
(c) To implement the housing element of the General Plan.
(d) To specify additional data and documentation to be furnished with tentative maps for community
housing conversions.
14-75.020 Definitions.
For the purposes of this Article,the following words and phrases shall have the meanings respectively
ascribed to them in this Section, unless the context or the provision clearly requires otherwise:
(a) Association means the organization of persons who own a condominium unit or right of exclusive
occupancy in a community apartment or other community housing unit.
(b) Community housing means and includes a condominium project as defined in Section 4125 of the Civil
Code,containing two or more condominiums;a community apartment project as defined in Section
4105 of the Civil Code, containing two or more rights of exclusive occupancy;and a stock cooperative,
as defined in Section 4190 of the Civil Code,containing two or more rights of exclusive occupancy.
(c) Conversion means a change in the type of ownership of a parcel or parcels of land,together with the
existing attached structures,from multiple family rental housing units to that defined herein as any
one or more of the types of community housing.
(d) Organizational documents means and includes the Declaration of Covenants, Conditions and
Restrictions("CC&R"),Articles of Incorporation, Bylaws,and any contracts for the maintenance,
management or operation of all or any part of a community housing project or the common area of
any such project.
(e) Vacancy rate is the number of apartments being offered for rental or lease in the City shown as a percentage
of the total number of rental apartments both being offered for and actually under rental or lease agreement
in the City,as determined by the State Department of Finance(DOF).
(f) Vacancy surplus is a vacancy rate in excess of five percent.
14-75.030 Vacancy surplus required.
(a) No application for approval of a tentative map for conversion of existing multiple family rental housing units
to residential community housing shall be filed or accepted for filing, nor shall any such conversions be
permitted in the City, unless and until there is a vacancy surplus; provided, however, in the event that such
vacancy surplus exists at the time of filing an application for tentative map approval,any subsequently
occurring decrease in the vacancy surplus shall not invalidate or suspend the application,and the same may
be processed to conclusion under the provisions of this Chapter regardless of the actual effect on the
vacancy surplus rate at the time of approval of the final map.
(b) Prior to submitting the application for tentative map approval for a conversion to community housing,the
applicant shall furnish to the Community Development Director a current survey of all existing rental
apartments and community housing units in the City,showing the vacancy rate.The form and content of the
survey shall be subject to approval by the Director.The Director shall not accept the application unless the
survey,as approved by the Director,establishes the existence of a vacancy surplus as required by this Article.
(Amended by Ord. 221§2(part), 2003)
Ordinance 398
Page 56
14-75.040 Information to accompany tentative map application.
Where an application for tentative map approval for a conversion to community housing is permitted to be
filed under Section 14-75.030,then in addition to all other information and documents required under the
provisions of this Chapter to be submitted for tentative map approval,the application shall also be accompanied
by the following:
(a) Copies of proposed organizational documents,which shall include, or be accompanied by the
following:
(1) Plan for conveyance of units.
(2) Plan for assignment of parking and management of common areas within the project.
(3) Proposed annual operating budget containing a sinking fund to accumulate reserves to pay for
major maintenance repair or replacement expenses.
(4) Federal Housing Administration regulatory agreement, if any.
(5) If a condominium,copy of proposed condominium plan as required by Civil Code Section 4285, et
seq.
(6) CC&R's to include proviso for penalties on late payment of annual assessments and reasonable
attorneys'fees and costs in the event of default in payment thereof.
(b) A property report describing the condition and estimating the remaining useful life of each of the
following elements of each structure situated within the project proposed for conversion: roofs,
foundations,exterior paint, paved surfaces, mechanical systems,electrical systems, plumbing systems,
including sewage systems,sprinkler systems for landscaping, utility delivery systems,central or
community heating and air conditioning systems,fire protection systems including any automatic
sprinkler systems,alarm systems or standpipe systems, and structural systems.Such a report shall be
prepared by a licensed contractor or registered engineer.
(c) A structural pest control report obtained within the last sixty days, prepared by a licensed structural
pest control operator pursuant to Sections 8516,et seq., of the Business and Professions Code.
(d) A building history report,to include the following:
(1) The date of construction of all elements of the project.
(2) A statement of the major uses of said project since construction.
(3) A statement regarding current ownership of all improvements and underlying land.
(4) The name, address,and length of tenancy of each present tenant of the project, including
children.
(e) A rental history detailing the size in square footage of each apartment unit,the current or last rental
rate,the monthly rental rate for the preceding two years, and the monthly vacancy over the preceding
two years of each rental unit proposed to be converted.
(f) A copy of each application to the State Department of Real Estate for issuance of a final public report
for the project proposed for conversion including all attachments and exhibits thereto required by the
Department pursuant to Section 11010 of the Business and Professions Code,to include a copy of the
statement of compliance(form 643 as amended), or its successor, pursuant to 10 California
Administrative Code,Section 2792.9,or its successor, relating to operating and maintenance funds
during start-up, and a statement as to whether the applicant will provide any capital contribution to
the association for deferred maintenance of the common areas, and if so,the sum and date on which
the association will be paid.
Ordinance 398
Page 57
(g) A copy of the supplemental questionnaire for apartments converted to condominium projects
submitted to the Department of Real Estate for the project proposed for conversion, including all
attachments and exhibits thereto.
(h) Evidence that the applicant has complied with all requirements for the giving of notice to the tenants
and prospective tenants of the project, as provided in Sections 66452.17 and 66452.18 of the
Government Code.The tentative map shall not be approved unless the Planning Commission is able to
make the findings regarding notice to tenants, as specified in Section 66427.1 of the Government Code.
14-75.050 Improvement requirements.
Since the conversion of existing rental apartments into community housing constitutes a division into spaces
or residential units in existing buildings and structures, in addition to the improvement requirements otherwise
applicable to subdivisions under Articles 14-25 and 14-30 of this Chapter,the Planning Commission may impose
additional conditions on tentative map approval as may reasonably be required to separately meter the utilities for
each unit,to provide separate electrical over-current protection for each unit,to provide sound insulation
between units,to insure adequate off-street parking, and such other matters as may be deemed advisable or
necessary in order to protect the public health,safety and general welfare of the owners and proposed owners of
such community housing units.
Article 14-80 VESTING TENTATIVE MAPS
14-80.010 Application of Article.
(a) Whenever a provision of this Chapter requires that a tentative map be filed, a vesting tentative map may
instead be filed pursuant to this Article.
(b) A vesting tentative map shall be filed in the same form(with the additional words "Vesting Tentative Map"
printed conspicuously thereon)and have the same contents, accompanying data and reports and shall be
processed in the same manner as a regular tentative map,except as otherwise provided in this Article.
14-80.020 Rights of vesting tentative map; expiration and extension.
(a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with
the development in substantial compliance with the ordinances, policies and standards of the City in effect
as of the time the application for tentative map approval was determined by the Community Development
Director to be complete; provided, however, in the event Section 66474.2 of the Government Code is
repealed,such approval shall confer a vested right to proceed with the development in substantial
compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is
approved or conditionally approved.
(b) Notwithstanding the provisions of Paragraph (a)of this Section, and except as provided in state law,the
Planning Commission may condition or deny a permit, approval,extension,or entitlement if it determines
any of the following:
(1) A failure to do so would place the residents of the development or the immediate community,or both,
in a condition dangerous to their health or safety, based on objective, identified written public health
or safety standards, policies, or conditions.
(2) The condition or denial is required in order to comply with State or Federal law.
(c) The rights conferred by this Section shall expire if a final map is not approved prior to the expiration of the
vesting tentative map. If the final map is approved,the rights conferred by this Section shall continue for the
following periods:
Ordinance 398
Page 58
(1) One year after the recording of the final map,such period to be automatically extended by any time
used by the City for processing a complete application for a grading permit or for design review if such
time exceeds thirty days from the date the application for the grading permit or design review is filed;
plus
(2) A one year extension, if application therefor is made prior to the expiration of the initial period set
forth in Subparagraph (1)above.
(3) If the subdivider or owner submits a complete application for a building permit during the periods of
time specified in Subparagraphs(1)and (2)above,the rights conferred by this Section shall continue
until the expiration of that permit, or any extension of that permit granted by the City.
(4) Where several final maps are recorded on various phases of a project covered by a single vesting
tentative map,the one-year initial time period shall begin for each phase when the final map for that
phase is recorded.
(d) An approved or conditionally approved vesting tentative map shall not limit the City from imposing
reasonable conditions on subsequent required approvals or permits necessary for the development and
authorized by the ordinances, policies and standards described in Paragraph (a)of this Section.
(Amended by Ord. 221§2(part), 2003)
14-80.030 Zoning approvals prior to map approval.
Prior to granting approval of a vesting tentative map,the Planning Commission may require the subdivider to
first obtain any use permit, design review approval,variance or other approval that may be required under the
Zoning Ordinance with respect to the proposed development.
14-80.040 Amendment to vesting tentative map.
If the ordinances, policies,or standards described in Subsection 14-80.020(a)are changed subsequent to the
approval or conditional approval of a vesting tentative map,the subdivider,at any time prior to the expiration of
the vesting tentative map pursuant to Subsection 14-80.020(c), may apply for an amendment to the vesting
tentative map to secure a vested right to proceed with the development in accordance with the changed
ordinances, policies, or standards.An application for such amendment shall clearly specify the changed
ordinances, policies,or standards for which the amendment is sought.
14-80.050 Effect of inconsistent zoning regulations.
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is
inconsistent with any regulations contained in the Zoning Ordinance,that inconsistency shall be noted on the map.
The Planning Commission may deny such a vesting tentative map or approve it conditioned on the subdivider
obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If such change is obtained,
the approved or conditionally approved vesting tentative map shall, notwithstanding the provisions of Subsection
14-80.020(a),confer the vested right to proceed with the development in substantial compliance with the change
in the Zoning Ordinance and the map, as approved.The rights conferred by this Section shall continue for the
periods of time specified in Subsection 14-80.020(c)of this Article.
14-80.060 Right of property owner to seek approvals.
Notwithstanding any provision of this Article,a property owner may seek approvals or permits for
development which depart from the ordinances, policies and standards described in Subsection 14-80.020(a)and
Section 14-80.050,and the Planning Commission may, but shall not be required,to grant such approvals to the
extent the departures are authorized under the applicable provisions of this Code.
Ordinance 398
Page 59
14-80.070 Vesting tentative map not mandatory.
If a subdivider does not seek the rights conferred by this Article,the filing of a vesting tentative map shall not
be a prerequisite to any approval for a proposed subdivision or permit for construction or work preparatory for
construction.
14-80.080 Compliance with other laws.
(a) Nothing in this Article shall enlarge, diminish,or alter the types of conditions which may be imposed by the
City on a development, nor in any way diminish or alter the power of the City to protect against a condition
dangerous to the public health or safety.
(b) Nothing in this Article shall remove, diminish,or affect the obligation of any subdivider or owner to comply
with the conditions and requirements of any State or Federal law, regulation,or policy.
Article 14-85 APPEALS
14-85.010 Right to appeal.
The subdivider or applicant or any interested person may appeal to the City Council any determination or
decision of the Planning Commission made pursuant to any provision of this Chapter by filing with the City Clerk a
notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the
grounds for the appeal.The notice of appeal shall be accompanied by the payment of a filing fee in such amount as
established from time to time by resolution of the City Council.
14-85.020 Time limit on notice of appeal.
The appellant shall file the notice of appeal with the City Clerk and pay the filing fee thereon within ten days
after the date on which the determination or decision by the Planning Commission is rendered.
(Amended by Ord. 71.83 §2, 1991)
14-85.025 [Reserved.]
14-85.030 Schedule of hearing; notice.
Upon the filing of the notice of appeal and payment of the appeal fee the City Clerk shall schedule the matter
for hearing at the next available regular meeting of the City Council to be held within forty-five days after the date
on which the notice of appeal is filed or initiated. If there is no regular meeting of the legislative body within the
next 45 days for which notice can be given in accordance with Section 14-20.060 of this Chapter,the appeal may
be heard at the next regular meeting for which notice can be given,or within 60 days from the date of the receipt
of the request,whichever period is shorter.The City Clerk shall give notice of the date,time,and place of the
hearing to the appellant, and to the subdivider or applicant if other than the appellant, not less than ten days prior
to the hearing, unless such notice has been waived by the party entitled to receive the same. If a public hearing is
conducted on the appeal, notice shall be given in accordance with Section 14-20.060 of this Chapter.
(Amended by Ord.71.83 §4, 1991)
Ordinance 398
Page 60
14-85.040 Conduct of hearing by City Council.
The City Council shall conduct a de novo review on the appeal,and nothing herein shall prevent the City
Council, in its discretion,from receiving testimony or other evidence from any person pertaining to the subject
matter of the appeal.
14-85.050 Decision by City Council.
The City Council shall render its decision within ten days after the conclusion of the hearing.The Council may
sustain,modify, reject, or overrule any recommendations or rulings of the Planning Commission, and may refer the
matter back to the Planning Commission for such further action as may be directed by the Council.Where an
appeal has been filed pertaining to only a portion of a determination or decision by the Planning Commission,the
City Council shall have authority to review the entire matter and may affirm, reverse or modify all or any other
portion of the determination or decision notwithstanding the fact that no appeal has been taken therefrom.
(Amended by Ord.71.83§5, 1991)
14-85.060 Judicial review.
Any action or proceeding to attack, review,set aside,void,or annul a decision of the Planning Commission or
City Council made pursuant to any provision of this Chapter, or any of the proceedings,acts or determinations
taken,done or made prior to such decision,or to determine the reasonableness, legality, or validity of any
condition attached thereto,shall be commenced and service of summons shall be effected within ninety days after
the date of such decision.
Article 14-90 VIOLATIONS AND ENFORCEMENT
14-90.010 Duty to enforce.
(a) The Planning Commission and City Council shall refuse approval of any application not in conformity with this
Chapter,and 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 Chapter,or which purports to authorize or permit any building,construction or improvement of any land
where compliance has not first been had with all applicable provisions of this Chapter, and any such permit
or certificate which may be issued in conflict herewith shall be void and of no force or effect.
(b) Other than as set forth in Paragraph (a)of this Section,the Community Development Director shall have the
duty and responsibility to enforce the provisions of this Chapter. For this purpose,the Director may call upon
the Enforcement Officers to issue citations and upon the City Attorney to prosecute criminal proceedings and
to institute civil proceedings to enforce this Chapter.
(Amended by Ord. 221§2(part), 2003)
14-90.020 Penalties for violation.
(a) The violation of any provision contained in this Chapter is hereby declared to be unlawful and shall constitute
a misdemeanor and a public nuisance,subject to the penalties as prescribed in Chapter 3 of this Code. Each
day during any portion of which a violation of this Chapter is committed or continued or permitted shall
constitute a separate offense.
(b) Any building or structure erected or constructed in violation of this Chapter,whether done pursuant to
permit or not,shall be and is hereby declared unlawful and a public nuisance, and the City Attorney on
Ordinance 398
Page 61
direction of the City Council shall institute necessary legal proceedings for the abatement, removal,or
enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to
accomplish these ends.
(c) All remedies provided in this Section shall be cumulative and not exclusive.
1718397.1