(a)
This title is for the purpose of adopting subdivision regulations
for the city. Such regulations shall be in addition to and shall be
considered as supplementing the provisions of the "Subdivision Map
Act" of the state as they now exist or as they may be hereafter amended.
(b)
In their interpretation and application, the provisions of this title
shall be held to be the minimum requirements adopted for the protection
of the public health, safety and welfare. To protect the public among
other purposes, such provisions are intended to provide directly or
indirectly for adequate, safe and wholesome community improvements,
municipal services and other public facilities.
(Ord. 2194-86 § 1)
This title shall not apply to any lot forming a part of a subdivision
created and recorded prior to the effective date of this title, except
as to further division or consolidation thereof, or to any subdivision
for which a tentative map has been approved within two months preceding
the effective date of this title.
(Ord. 2194-86 § 1)
(a)
The following officials and bodies are hereby designated as the advisory
agencies and appeal boards of the city for purposes of the "Subdivision
Map Act" with respect to the actions described in this section.
(b)
The planning commission is the advisory agency with respect to the
following:
(1)
Determining method of compliance with park land dedication requirements;
(2)
Review of preliminary maps when referred by the director of community
development;
(3)
Action on tentative maps and tentative parcel maps, where tentative
parcel maps are required;
(4)
Action on variances;
(5)
Extension of tentative maps and tentative parcel maps;
(6)
Review of objections to final map or parcel map by public utilities
or public entities with easements which may be adversely affected
by such maps;
(7)
Modification of approval of final map or parcel map.
(c)
The city council is the advisory agency with respect to the following:
(1)
Reversions to acreage.
(d)
The director of public works is the advisory agency with respect
to the following:
(3)
Action on final maps;
(4)
Acceptance or rejection of dedications made in conjunction with final
maps;
(5)
Action on parcel maps;
(6)
Acceptance or rejection of dedications made in conjunction with parcel
maps;
(7)
Waiver of parcel maps;
(8)
Control over grading operations in streets and public rights-of-way;
(9)
Improvement security and all matters related thereto, except in relation
to undergrounding of utilities;
(10)
Lot line adjustments;
(11)
Certificates of correction and amending maps;
(12)
Requirements of soil testing in streets and public rights-of-way.
(e)
The director of community development is the advisory agency with
respect to the following:
(1)
Determinations of fair market value of the property of a subdivider
for purposes of calculation of fees in lieu of park land dedication;
(2)
Designations of names of public and private streets;
(3)
Review of preliminary maps;
(4)
Merger of parcels;
(5)
Certificates of compliance;
(6)
Notices of violation;
(7)
Grading on the site of subdivisions;
(8)
Security for undergrounding of utilities;
(9)
Waiver of the requirements for soils reports;
(10)
Waiver of preliminary maps;
(11)
Plans and specifications for required landscaping, except for street
trees;
(12)
Waiver of tentative maps for combinations of lots.
(f)
The director of parks and recreation is the advisory agency with
respect to installation of street trees.
(g)
The planning commission is the appeal board with respect to recommendations
of the director of community development regarding preliminary maps.
(h)
The city council is the appeal board with respect to the following:
(1)
Actions of the planning commission on tentative maps and tentative
parcel maps;
(2)
Actions of the planning commission on variances;
(3)
Actions of the planning commission on extensions of tentative maps
and tentative parcel maps;
(4)
Actions of the planning commission on modification of approved final
or parcel maps.
(Ord. 2194-86 § 1; Ord. 3074-16 § 1)
For the purpose of this title the following terms, phrases,
words and their derivations shall have the meaning ascribed to them
by this section:
means a designated official or official body charged with
the duty of making investigations and reports on the design and improvement
of proposed divisions of real property, the imposing of requirements
or conditions thereon, or having the authority pursuant to this chapter
to approve, conditionally approve or disapprove maps.
means and includes the director of finance, the director
of parks and recreation, the director of community development, the
director of public safety, and the director of public works of the
city of Sunnyvale or their designees
means a public or private way not exceeding thirty feet in
width which affords a secondary means of vehicular access to an abutting
property.
means the city of Sunnyvale.
means the city attorney of the city of Sunnyvale.
means the city engineer of the city of Sunnyvale.
means the city manager of the city of Sunnyvale.
means the city clerk of the city of Sunnyvale.
means the planning commission of the city of Sunnyvale.
means the city council of the city of Sunnyvale.
means the recorder of the county of Santa Clara.
means the director of finance of the city of Sunnyvale.
means the director of parks and recreation of the city of
Sunnyvale.
means the director of community development of the city of
Sunnyvale.
means the director of public safety of the city of Sunnyvale.
means the director of public works of the city of Sunnyvale.
means a street(s) adjacent and parallel to a major highway
or street which is separated therefrom by a dividing strip.
means the general plan of the city of Sunnyvale as adopted,
or as amended by the city council.
means trafficways which have, or are planned to have, less
than four moving lanes of traffic.
means a parcel of land shown on a subdivision or record of
survey map with a separate and distinct identification from other
parcels of land.
means a modification of the lot lines between two or more
adjacent parcels, where the land taken from one parcel is added to
an adjacent parcel, and where a greater number of parcels than originally
existed is not thereby created.
means trafficways which have, or are planned to have, four
or more moving lanes of traffic.
means a street, right-of-way, easement, or way of necessity
or other thoroughfares, except an alley, designed for ingress to or
egress from any parcel of land to a public street.
means any tree other than an orchard tree.
means a map showing a subdivision for which a parcel map
is required under subdivision (a), (b), (c) or (d) of Section 66436
of the Government Code and other subdivisions for which a final map
is not required under the "Subdivision Map Act" prepared in accordance
with the provisions of this title and the "Subdivision Map Act."
means the area between curb faces of a street.
means the shortest distance between the curb faces.
means any designated area not dedicated as a public street
and which is used for ingress to or egress from a lot or lots which
do not have frontage on a public street.
means water, gas, sewer, electric and communication lines
and facilities, but not including natural or improved drainage facilities.
means a way for vehicular traffic, whether designated as
a street, highway, thoroughfare, parkway, road, avenue, boulevard,
land, place or however otherwise designated; provided, however, "street"
does not include alley.
means any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing or required
by law to commence proceedings under this title to effect a subdivision
of land hereunder for himself or for another, except that employees
and consultants of such persons or entities, acting in such capacity,
are not "subdividers."
means the division of any improved or unimproved land, shown
on the latest equalized county assessment roll as a unit or contiguous
units for purpose of sale, lease or financing, whether immediate or
future, except for leases of land for agricultural purposes. Property
shall be considered contiguous units even if it is separated by roads,
streets, utility easements or railroad rights-of-way. "Subdivision"
also includes a condominium project as defined in Section 1350 of
the Civil Code, a community apartment project as defined in Section
11004 of the Business and Professions Code, and the conversion of
five or more existing dwelling units to a stock cooperative, as defined
in Section 11003.2 of the Business and Professions Code. Any conveyance
of land to a governmental agency, public utility or subsidiary of
a public utility for conveyance to such public utility for rights-of-way
shall not be considered a division of land for purposes of computing
the number of parcels. As used in this paragraph, "agricultural purposes"
means the cultivation of food or fiber or the grazing or pasturing
of livestock.
(Ord. 2194-86 § 1; Ord. 3074-16 § 2)
