(a)
Six copies of a preliminary map shall be filed with the director
of community development for all subdivisions for which a tentative
map and final map are required. The subdivider shall not present a
tentative map for filing, nor shall a tentative map be accepted for
filing, for any subdivision for which a preliminary map has not been
approved by the director of community development.
(b)
The requirement for a preliminary map may be waived by the director
of community development.
(Ord. 2194-86 § 1)
The scale of a preliminary map shall be one inch equals one
hundred feet or larger. The map shall contain the following information:
(a)
Key map showing adjacent property, subdivisions and roads or streets,
and proposed streets in subdivisions;
(b)
Name and address of the owner of record, subdivider and engineer
or surveyor;
(c)
Date, north point and scale;
(d)
Approximate location and widths of proposed and existing streets
rights-of-way;
(e)
Approximate location, average size and number of lots;
(f)
Acreage of proposed tract to the nearest one hundredth of an acre;
(g)
Remainders, if any;
(h)
Existing utilities.
(Ord. 2194-86 § 1)
(a)
The director of community development shall review the preliminary
map within the administrative staff prior to making recommendations
to the subdivider. The review shall include, but not be limited to,
consideration of whether the preliminary map is consistent with the
provisions of this title, the zoning ordinance, the general plan,
and the Sunnyvale Municipal Code. After such review is completed the
director of community development shall make oral and written recommendations
to the subdivider or responsible agent prior to consideration of a
tentative map. The review process shall be completed not later than
fifteen working days from the date of filing of the preliminary map.
(b)
If the director of community development determines that the preliminary
map is inconsistent with any provisions of this title, the zoning
ordinance, the general plan, or the Sunnyvale Municipal Code he or
she shall indicate such inconsistency and shall recommend: (1) how
such inconsistency may be eliminated, if possible; or (2) that any
tentative map based upon any preliminary map with such inconsistency
be denied.
(c)
The director of community development may refer the preliminary map
to the planning commission for consideration. In this event, the date
on which the map was filed with the director of community development
shall be considered as the date of filing for commission action.
(Ord. 2194-86 § 1)
(a)
The subdivider may appeal the recommendations of the director of
community development concerning the preliminary map to the planning
commission if a tentative map is required for the subdivision. Such
appeal shall be filed not less than fifteen days after the date on
which the director of community development submits his recommendations.
The appeal shall state in writing the specific grounds upon which
the appeal is based.
(b)
The appeal shall be placed on the agenda of the planning commission
in the same manner as other business for consideration.
(Ord. 2194-86 § 1; Ord. 2414-92 § 2)
(a)
Except as provided in subsection (b), a tentative map and final map shall be required for all subdivisions:
(1)
Creating five or more lots; or
(2)
Creating five or more condominiums, as defined in Section 783 of
the Civil Code; or
(3)
Creating a community apartment project containing five or more units;
or
(4)
Converting a dwelling to a stock cooperative containing five or more
dwelling units.
(b)
A tentative map and parcel map shall be required for all subdivisions which meet the criteria set forth in subsection (a) but are characterized by one or more of the following:
(1)
The land before division contains less than five acres, each lot
created by the division abuts upon a publicly maintained street or
highway and no dedications or improvements are required by the city
council; or
(2)
Each lot created by the division has a gross area of twenty acres
or more and has an approved access to a maintained public street or
highway; or
(3)
The land consists of a lot or lots having approved access to a public
street or highway which comprises part of a tract of land zoned for
industrial or commercial development, and which has the approval of
the city council as to street alignments or widths; or
(4)
Each lot created by the division has a gross area of not less than
forty acres or is not less than a quarter of a section.
(c)
A tentative map and parcel map shall be required for all subdivisions:
(1)
Creating less than five lots; or
(2)
Creating less than five condominiums, as defined in Section 783 of
the Civil Code; or
(3)
Creating a community apartment project containing less than five
parcels; or
(4)
Converting a dwelling to a stock cooperative containing less than
five dwelling units.
(d)
Unless a showing is made to the director of public works in individual
cases, upon substantial evidence, that public policy necessitates
such a parcel map, a parcel map shall not be required for:
(1)
Subdivisions of a portion of the operating right-of-way of a railroad
corporation defined as such by Section 230 of the Public Utilities
Code, which are created by short-term leases (terminable by either
party on not more than thirty days' notice in writing), or
(2)
Land conveyed to or from a governmental agency, public entity, public
utility, or for land conveyed to a subsidiary of a public utility
for conveyance to such public utility for right-of-way.
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Such map shall meet all the requirements of the "Subdivision
Map Act" and of this title and shall show all dedications or offers
of dedication thereon.
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(e)
Where two or more lots are proposed to be combined, the provisions of this title relating to a parcel map shall be complied with; provided, however, the requirements for a tentative map may be waived by the director of community development. However, a preliminary map shall be filed pursuant to Section 18.20.010. The director of public works shall approve, conditionally approve, or disapprove such parcel map in accordance with the procedure set forth in Section 18.20.240 hereof.
(f)
A parcel map may be filed, but shall not be required to be filed,
in any case in which a lot line adjustment would be permitted pursuant
to this title.
(g)
The requirement of a parcel map may be waived by the director of
public works if he finds that the proposed division of land complies
with the requirements of the "Subdivision Map Act" or this title as
to all of the following:
(Ord. 2194-86 § 1)
(a)
The tentative map shall be prepared in accordance with the "Subdivision
Map Act" and the provisions of this title. Eighteen copies and one
sepia shall be filed with the director of community development. Such
filing shall be prior to the final survey of streets and improvements
and before any grading or construction work is started within the
proposed subdivision.
(b)
The tentative map shall be accompanied by a current preliminary title
report pertaining to the land being subdivided in addition to plans
and a written report from the subdivider giving essential information
regarding the following matters:
(1)
Subdivision development plan, including proposed land use and zoning;
(2)
Type of street improvements the subdivider proposes to install;
(3)
Utilities, including source of water supply;
(4)
Proposed method of sewage disposal;
(5)
Proposed drainage facilities;
(6)
Protective covenants to be recorded;
(7)
Type of tree planting proposed;
(8)
Proposed street lighting;
(9)
If the subdivision involves the conversion of a mobile home park
to another use, a list of the names and addresses of all owners of
mobilehomes therein, and of all tenants or occupants of mobile home
spaces therein;
(10)
Any additional information regarding the development of the proposed
subdivision which may be of importance to the planning commission.
(c)
Upon filing with the director of community development the required
number of copies of the tentative map, one copy thereof shall be immediately
forwarded to each of the following:
(1)
The city manager;
(2)
The director of finance;
(3)
The director of parks and recreation;
(4)
The director of public safety;
(5)
The director of public works;
(6)
Any school district within the boundaries of which the subdivision
is proposed to be located, and other affected public agencies;
(7)
If a state highway is involved, to the district engineer of the division
of highways, department of transportation of the state;
(8)
Santa Clara Valley Water District;
(9)
Public utilities in whose service areas the subdivision is situated,
as determined by the director of community development.
(d)
The director of community development shall cause to be made a written
statement as to the above transmittals, giving the date in each case.
(e)
The official filing date shall be that on which the application is
stamped complete or found complete by the city administrative staff
handling such application, or the date such application is deemed
complete by operation of law.
(f)
The director of community development shall not submit to the planning
commission for official filing any tentative subdivision map or tentative
parcel map which does not substantially comply with the zoning ordinance.
(Ord. 2194-86 § 1)
(a)
The subdivider shall cause the tentative map and other maps to be
prepared by a registered civil engineer or a licensed land surveyor;
provided, however, that all plans prepared in connection therewith
shall be prepared by a registered civil engineer.
(b)
Form and Information to be Shown. The tentative map shall be clearly
and legibly drawn. The minimum dimensions of this map shall be eighteen
inches by twenty-six inches and the maximum twenty-four by thirty-six
inches. The scale of the map shall be large enough (not smaller than
one inch equals one hundred feet) to show clearly all the details
thereof, and such map shall contain the following information:
(1)
Tract number, if available, and proposed tract name, date, north
point, scale and sufficient description to define to location and
boundaries of the proposed tract. In no case shall the tract name
be the same, or so nearly the same as to cause confusion, as to a
name of any existing subdivision of land within the city of Sunnyvale;
(2)
Key map showing adjacent property, subdivision, roads or streets
in subdivisions;
(3)
Name and address of record owner or owners, name and address of the
subdivider, and name, business address and number of the registered
engineer or licensed land surveyor who prepared the map;
(4)
Acreage of the proposed tract to the nearest one hundredth of an
acre;
(5)
Number of lots, average lot size, and size of smallest lot in tract;
(6)
One foot contours or one-half foot contours where necessary to describe
area. Benchmarks shall be on city of Sunnyvale datum;
(7)
Locations, widths and centerline slopes of all streets, expressways
and other ways in the proposed subdivision and approximate elevations
at each street intersection;
(8)
The locations, names, existing width, slope, top of curb elevation
and centerline improvements of all adjoining and contiguous highways,
streets and expressways;
(9)
Location and size of all existing pipelines and related structures.
At the connection to existing pipelines ground elevation and flow
line elevations shall be shown;
(10)
Location and character of all existing utilities, including overhead
and underground utility facilities abutting the subdivision, and the
approximate locations of all existing easements for drainage, sewerage
and public utilities, together with all building and use restrictions
applicable thereto;
(11)
Lot layout. Dimensions of each lot and lot number;
(12)
Outline of any existing buildings to remain and their locations in
relation to existing or proposed streets and lot lines. Floor or pad
elevations of buildings shall be given when obtainable;
(13)
Existing use or uses and zone or zones of the property and proposed
use or uses;
(14)
Approximate boundaries of areas subject to inundation of stormwater
overflow and the location, width and direction of flow of all watercourses;
(15)
Typical street cross-sections showing all improvements;
(16)
Irrigation lines and agreements when they can be reasonably determined;
(17)
All water wells, plus existing water rights agreements;
(18)
Location, ownership and dimensions of all parcels of land two acres
or less, bounded on two or more sides by the subdivision;
(19)
Proposed public areas, if any;
(20)
In a subdivision which may reasonably be expected to be resubdivided
in whole or in part at some future time, there shall be shown in dotted
lines on the tentative map, a plan of future street extensions with
special consideration given to drainage;
(21)
A statement shall be presented by the owner in written form accompanying
the map stating any existing restrictive covenants, leases, rights-of-way,
licenses and encumbrances affecting the use of the land. Such of the
foregoing information as may not practicably be shown on the map shall
be contained in a written statement accompanying the map;
(22)
When the area to be subdivided is not shown on one sheet of the required
size, a supplementary map may be required showing the entire area
and indicating street lines, street names when known, and lot lines
and numbers;
(23)
Proposed noncompliance with this chapter; explanation. The subdivider
shall list on the tentative map any proposed noncompliance with this
chapter and shall submit a written explanation for the reasons for
such proposed noncompliance;
(24)
All septic tanks.
(Ord. 2194-86 § 1)
(a)
The director of community development shall present to the planning commission a written report prepared by the administrative staff in connection with any tentative map for which a negative declaration has been prepared setting forth its compliance or noncompliance with this title, and any other matters affecting the subdivision and the city. Where a proposed subdivision is categorically exempt, a written report shall be prepared in connection with the related tentative map and such subdivision shall be heard at an administrative hearing in accordance with the procedures set forth in Sections 19.52.060 through 19.52.090 of this code. Any action of the planning commission in granting, denying or modifying any appeal of the director of community development's decision in connection with a tentative map shall be final. The report and copies thereof shall be presented to the appropriate review authority, the subdivider, and, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, to each tenant of the subject property at least three days prior to the public hearing on the tentative map.
(b)
(1)
The appropriate review authority shall conduct at least one public hearing on any tentative map. Notice of the hearing shall be given by the director of community development in the manner prescribed by Section 19.60.010 of the Sunnyvale Municipal Code at least ten calendar days prior to the day of the hearing.
(2)
The notice of public hearing shall include the date, time, and place
of the public hearing, the identity of the hearing body, a general
explanation of the matter to be considered, and a general explanation,
in text or by diagram, of the location of the real property that is
the subject of the hearing.
(3)
If the proposed subdivision is a conversion of real property to a
condominium project, community apartment project, or stock cooperative
project, such notice shall be mailed to each tenant of the subject
property. In all cases, mailed notice shall be given to the owners
of all property within three hundred feet of the property under consideration
and by posting a copy of the notice at the end of each block face
upon which the property fronts.
(4)
Notice shall also be mailed to any person who has filed a written
request therefor with the city clerk or with the director of community
development.
(c)
The public hearing may be continued from time to time. Notice of
the time and place of the continued public hearing is not required.
(d)
(1)
If an environmental impact report has been prepared for the tentative
map pursuant to the California Environmental Quality Act, the planning
commission shall approve, conditionally approve, or disapprove the
tentative map within forty-five days after certification of the environmental
impact report.
(2)
If no such report has been prepared, the appropriate review authority
shall approve, conditionally approve, or disapprove any tentative
map within fifty days after the filing thereof. After action has been
taken on the tentative map the director of community development shall
report the action of the planning commission to the subdivider in
writing.
(3)
The foregoing time limits may be extended by mutual consent of the
subdivider and the planning commission.
(e)
The appropriate review authority shall not approve a tentative map
unless it finds that the proposed subdivision, together with the provisions
for its design and improvement, is consistent with the general plan
and any applicable specific plan. A proposed subdivision shall be
consistent with the general plan or a specific plan only if the proposed
subdivision or land use is compatible with the objectives, policies,
general land uses, and programs specified in such a plan.
(f)
The appropriate review authority shall deny a tentative map if it
makes any of the following findings:
(1)
That the proposed map is not consistent with the general plan, or
with any applicable specific plan;
(2)
That the design or improvement of the proposed subdivision is not
consistent with the general plan or with any applicable specific plan;
(3)
That the site is not physically suitable for the proposed type of
development;
(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 the type of improvements will
conflict with easements, acquired by the public at large, for access
through or use of property within the proposed subdivision. The planning
commission may approve a tentative map if it finds that alternative
easements, for access or for use, will be provided, and that these
will be substantially equivalent to ones previously acquired by the
public. This provision shall apply only to easements of record or
to easements established by a court of competent jurisdiction;
(8)
That the map fails to meet or perform one or more requirements or
conditions imposed by the "Subdivision Map Act" or by this title.
Any such requirement or condition shall be specified.
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Notwithstanding the provisions of paragraph (5) of this subsection,
a tentative map may be approved if an environmental impact report
was prepared with respect to the project and a finding was made pursuant
to Section 21081(c) of the Public Resources Code that specific economic,
social, or other considerations make infeasible the mitigation measures
or project alternatives identified in the environmental impact report.
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(Ord. 2194-86 § 1; Ord. 2414-92 § 2)
(a)
In conjunction with its consideration of a tentative map for which
a negative declaration has been prepared, the planning commission
may approve variances from any of the requirements of this title upon
application therefor by the subdivider stating fully the grounds of
the application and all facts relied on in support of its approval.
In conjunction with his or her consideration of a tentative map which
is categorically exempt, the director of community development may
approve variances from any of the requirements of this title upon
application therefor by the subdivider stating fully the grounds of
the application and all facts relied upon in support of its approval.
Whenever a variance request from any of the requirements of this title
does not relate to a proposed tentative map, such variance shall be
heard by the director of community development.
(b)
When the subdivider has applied for such a variance the notice of
the public hearing on the tentative map shall include notice of a
public hearing on the variance. The notice as to the variance shall
indicate the requirement from which a variance is requested and the
reason or justification for such variance.
(c)
The planning commission or the director of community development
shall conduct a public hearing on the variance in conjunction with
the public hearing on the tentative map.
(d)
Neither the planning commission nor the director of community development
shall grant any variance unless all of the following findings can
be made:
(1)
That there are special circumstances or conditions affecting such
property;
(2)
That the variance is necessary for the preservation and enjoyment
of a substantial property right of the subdivider; and
(3)
That the granting of the variance will not be materially detrimental
to the public welfare or injurious to other property in or adjacent
to the subdivision.
(e)
In granting such variances, the planning commission or director of
community development shall designate such conditions therewith as
will, in its or his or her opinion, secure substantially the objective
of the regulations to which the variances are granted, as to light,
air, and the public health, safety, convenience and general welfare.
(Ord. 2194-86 § 1; Ord. 2414-92 § 2)
(a)
The subdivider, any tenant of the subject property (in the case of
a proposed conversion of residential real property to a condominium,
community apartment, or stock cooperative project), or any interested
person adversely affected by an action by the planning commission
regarding a tentative map or a variance from any requirement of this
title may appeal such action to the city council, except tentative
maps or variances which are acted upon by the planning commission
after the appeal from actions by the director of community development.
(b)
In addition, the city council shall have the authority, by majority
vote of those council members voting thereon, to give advance notice
that any action by the planning commission regarding a tentative map
for which a negative declaration has been prepared or a related variance
shall be considered on appeal by the city council, in accordance with
the appeal procedures specified in this section. Such advance notice
of city council review shall be granted only upon a determination
of the city council that the subject action poses a special potential
for consequences affecting the public safety or welfare, or the objectives
of the general plan. The director of community development shall send
written notice of each advance appeal to the subdivider; provided,
that failure to send such notice shall neither affect the action of
the city council or extend any period within which an appeal may be
taken. Tentative maps and variances considered at public hearings
by the director of community development are not subject to such appeal
by city council.
(1)
Where a subdivision consists of any new industrial development proposing
a floor area ratio over forty percent a tentative map for the subdivision
shall go to the city council without the necessity for specific council
action.
(2)
Future sites B, C, D, and E, as defined in Section 19.32.142, shall
be subject to review by the city council or planning commission if
the following FARs are exceeded:
Future site B — One hundred percent
Future site C — Seventy percent
Future site D — Fifty-five percent
Future site E — Fifty percent.
(c)
Any action affected by a notice of appeal shall be suspended pending
a final determination of the appeal.
(d)
Appeals of actions of the planning commission or the director of
community development on tentative maps or variances shall be effective
if received in writing by the city clerk not later than five p.m.
on the fifteenth calendar day following such action. In addition to
the foregoing, appeals of tentative maps for which a negative declaration
has been prepared and related variances by any city councilmember
will be effective if made before twelve midnight on the record of
any city council meeting held not later than the fifteenth day following
such action.
(1)
The planning commission shall conduct at least one public hearing
on any appeal to the commission. The public hearing may be continued
from time to time; provided, however, that the public hearing shall
be conducted within thirty days after the date of the filing of the
appeal.
(2)
Notice of the public hearing shall be in the manner set forth in Section 18.20.070(b)(1)18.20.070(b)(1). When the public hearing is continued to a specific day and time, notice of the continued public hearing is not required.
(e)
The city council shall conduct at least one public hearing on appeals
from the planning commission. The public hearing may be continued
from time to time; provided, however, that the public hearing shall
be conducted within thirty days after the date of the filing of the
appeal.
(f)
Notice of the public hearing shall be in the manner set forth in Section 18.20.070(b)(1)18.20.070(b)(1). When the public hearing is continued, notice of the time and place of the continued public hearing is not required.
(g)
Within seven days upon conclusion of the hearing the city council shall render a decision on the appeal. It may sustain, modify, reject, or overrule the decision of the planning commission. In making decisions regarding variances the city council shall make the appropriate findings set forth in Section 18.20.080.
(Ord. 2194-86 § 1; Ord. 2414-92 § 2; Ord. 2525-95 § 1)
Subsequent to the approval or conditional approval of the tentative
map, the subdivider shall furnish the following information to the
city engineer and shall receive his or her authorization prior to
the filing of the final map or parcel map:
(a)
Typical cross-sections and proposed final finished grades of all
roads, streets, and expressways in the proposed new subdivision, together
with a profile showing the relation between finished grade and existing
ground elevations (all elevations on city datum);
(b)
Proposed length, size grade and type of any pipes, culverts, or structures
necessary for drainage, erosion control or the public safety (all
elevations on city datum);
(c)
A preliminary soil report, prepared by a civil engineer or soils
engineer who is registered by the state of California based upon adequate
test-boring or excavation within the subdivision, except that such
report may be waived by the director of community development if he
or she determines on knowledge available to the city concerning the
soil qualities of the soil within the subdivision, no preliminary
analysis is necessary. If the preliminary soils report indicates the
presence of critically expansive soils or other soil problems which,
if not corrected, would lead to structural defects, then a soil investigation
of each lot in the subdivision shall be prepared and submitted to
the director of community development by the civil engineer which
shall include recommended corrective action which is likely to prevent
structural damage to each building proposed to be constructed on the
expansive or other problem soil. The soil investigation shall be approved
if the director of community development determines that the recommended
action is likely to prevent structural damage to each building to
be constructed. The approved recommended action shall be incorporated
in the construction of the building and shall be made a condition
of the issuance of a building permit. In addition, the director of
public works may require a resistance value (R value) test to be performed
for the design of any public streets;
(d)
Any information that is required by the conditional approval of the
planning commission, or of the city council on appeal.
(Ord. 2194-86 § 1; Ord. 3074-16 § 3)
(a)
An approved or conditionally approved tentative map shall expire
twenty-four months after its approval or conditional approval.
(b)
The expiration of such map shall terminate all proceedings. No final
map or parcel map of all or any portion of the real property included
within the tentative map shall be filed with the city clerk without
processing a new tentative map and payment of all required fees.
(c)
Upon application of the subdivider filed with the director of community
development prior to the expiration of the tentative map, or an extension
thereof, the time at which the map expires may be extended by the
previous reviewing authority for an additional period not to exceed
one year. More than one extension may be granted; provided, however,
that no extension may be granted so as to result in a period exceeding
three years for the total of all extensions granted.
(d)
The procedure for approval of extension of tentative maps shall be
the same as that required for the approval of the original tentative
map, including, but not limited to the requirements for notice, public
hearing, findings, and appeals; provided, however, that if the planning
commission denies a subdivider's application for extension, the subdivider
may appeal to the city council within fifteen days after the planning
commission has denied the extension. In the case of a denial of a
tentative map by the director of community development, the subdivider
may appeal to the planning commission within fifteen calendar days
after the director's denial. The action of the planning commission
in granting or denying such an appeal shall be final.
(e)
Where expiration of a tentative map is deferred pursuant to Section
66452.6 of the Government Code due to a development moratorium or
due to a requirement that the subdivider construct public improvements
outside the boundaries of the tentative map, the provisions of that
section shall govern.
(Ord. 2194-86 § 1; Ord. 2414-92 § 2)
(a)
The expiration of the approved or conditionally approved tentative
map shall terminate all proceedings. No final or parcel map shall
be filed without first processing a new tentative map.
(b)
The subdivider shall cause a final or parcel map and other maps and
plans in connection therewith to be prepared by a registered civil
engineer in accordance with a completed survey of the subdivision
and in compliance with the "Subdivision Map Act" and this title.
(c)
The subdivider shall submit to the city engineer five copies of the
final or parcel map containing such information and accompanied by
such other data as required by this chapter.
(d)
Notwithstanding any other provision of this title, a parcel map may
be compiled from recorded or filed data when sufficient information
exists on filed maps to locate or retrace the exterior boundary lines
of the parcel map if the location of at least one of these boundary
lines can be established from an existing monumented line.
(e)
All construction plans for improvements required for compliance with
the conditions of approval of the tentative map shall be prepared
by a registered civil engineer and shall conform to the required design
standards. Such plans shall be submitted to the city engineer prior
to the expiration of the approved tentative map.
(f)
The final or parcel map and construction plans shall be accompanied
by such certifications, test results, reports and other data required
to establish compliance with conditions of approval of the tentative
map and all provisions of this title.
(g)
A final map shall be accompanied by two copies of a preliminary title
report.
(Ord. 2194-86 § 1; Ord. 3074-16 § 4)
The final or parcel map shall be clearly and legibly delineated
upon tracing cloth of good quality. All lines, letters, figures, certificates,
acknowledgments and signatures shall be made in black waterproof India
ink. The size of each sheet shall be eighteen by twenty-six inches.
A marginal line shall be drawn completely around each sheet leaving
an entirely blank margin of one inch. The scale of the map shall be
shown, the relation of one sheet to another clearly shown, and the
number of sheets used shall be set forth upon each sheet. The tract
name and number shall be shown on each sheet of a final map. Scale,
north point and sheet number shall be shown on each sheet of a final
map or parcel map. When the final or parcel map consists of more than
two sheets, a key map showing the relation of the sheets shall be
placed on sheet one.
(Ord. 2194-86 § 1)
(a)
The final map shall contain a title containing the name of the tract.
(b)
Such name shall not be the same as the name of any existing subdivision
of land in the city of which a map or plot has previously been recorded,
or so nearly the same as to mislead the public or use confusion as
to the identity thereof.
(c)
The final or parcel map shall also contain a subtitle consisting
of a description of all the property being subdivided, by reference
to such map or maps of the property shown thereon as have been previously
recorded or filed in the county recorder's office and shall have been
previously filed with the county clerk pursuant to a final judgment
in any action in partition, or shall have been previously filed in
the office of the county recorder under authority of Section 66499.55
of the Government Code, or as hereafter amended, or by reference to
the plat of any United States survey.
(d)
Each reference to any tract or subdivision shall be set forth in
full and worded identically with the original record. Each such reference
shall refer to the book and page of records of said county.
(e)
The description shall refer to any vacated area with the identifying
number of the ordinance or resolution ordering or approving the vacation.
(Ord. 2194-86 § 1)
Tolerances for field survey closure shall be determined by the
director of public works and shall at no time be more than one in
ten thousand.
(Ord. 2194-86 § 1)
(a)
The final or parcel map shall show the side lines of all easements
to which the lots are subject. If the easement is not definitely located
of record, a statement as to the easement shall appear on the title
sheet. Easements and rights-of-way for storm drains, public utilities
and other purposes shall be denoted by broken lines and the particular
purpose of easement or right-of-way shall be designated on the final
or parcel map. Distances and bearings on the side lines of the lots
which are cut by the easements shall be so shown as to indicate clearly
the actual lengths of the lot lines. The width of the easement and
the lengths and bearings of the lines thereof to locate the easement
definitely shall be shown. The easement shall be clearly labeled and
identified. If the easement is of record, proper reference to the
records shall be given. Easements being dedicated shall be so indicated
in the certificate of dedication on the final map and otherwise indicated
on the parcel map.
(b)
At the time the subdivider presents the final or parcel map, there
shall be presented, in the manner required by the "Subdivision Map
Act," certificates executed, respectively, by the various public utility
companies authorized to serve in the area of the subdivision, certifying
that satisfactory provisions have been made with each of the public
utility companies as to the location of their facilities, that satisfactory
easements, where required by such companies, have been executed and
delivered to the certifying companies for recording, and further consenting
to the preparation and recordation of the final or parcel map.
(Ord. 2194-86 § 1)
(a)
The final or parcel map shall show clearly any stakes, monuments
(type and size) or other evidence found on the ground to determine
the boundaries of the tract. The corners of adjoining subdivisions
or portions thereof shall be identified by lot and block numbers and
subdivision name. Properties shall be shown.
(b)
Whenever the director of public works has established the centerline
of a street or expressway adjacent to or in the proposed subdivision,
the data shall be shown on the final or parcel map indicating all
monuments found and making reference to recorded maps or deeds. If
the points were reset by ties the course and detail of relocation
data used shall be stated.
(c)
The map shall show the location and description of all monuments
found and placed in making and surveying of the subdivision with proper
reference sufficient for relocation.
(d)
The boundary of the subdivision shall be designated by a distinctive
heavy border. Such border shall not interfere with the legibility
of figures or other data.
(e)
City boundary lines bounding the subdivision shall be clearly designated
and referenced.
(Ord. 2194-86 § 1)
(a)
The final or parcel map shall particularly define, delineate and
designate all lots intended for sale or reserved for private purposes,
all parcels offered for dedication for any purpose, public or private,
with all dimensions, boundaries and courses clearly shown and defined
in every case.
(b)
Lot numbers shall begin with the number "1" and shall be consecutive
with no omission or duplications, except that lot numbers of subsequent
contiguous subdivision units may expand the numbering sequence of
the previous unit. 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. Notwithstanding the foregoing provisions,
lots on a parcel map may be lettered; provided, however, that such
letters shall begin with the letter "A" and shall be consecutive without
omission or duplication.
(Ord. 2194-86 § 1)
A certificate, signed and acknowledged (corporate seal where
required) by all parties having record title interest in the real
property subdivided, consenting to the preparation and recordation
of the final map or parcel map is required and shall appear on the
final or parcel map, except as follows:
(a)
Neither a lien for state, county, municipal or local taxes, nor for
special assessments, nor a trust interest under bond indentures, nor
mechanics liens constitute a record title interest in land.
(b)
The signature of either the holder of beneficial interests under
trust deeds or the trustee under the trust deeds, but not both, may
be omitted. The signature of either shall constitute a full and complete
subordination of the lien of the deed of trust to the map and any
interest created by the map.
(c)
Signatures of parties owning the following types of interest may
be omitted if their names and the nature of their respective interests
are stated on the final map or parcel map:
(1)
Rights-of-way, easements or other interests which cannot ripen into
a fee, except those owned by a public entity, public utility, or subsidiary
of a public utility for conveyance to the public utility for rights-of-way.
If, however, the planning commission determines that division and
development of the property in the manner set forth on the approved
or conditionally approved tentative or parcel map will not unreasonably
interfere with the free and complete exercise of the public entity
or public utility right-of-way or easement, the signature of the public
entity or public utility may be omitted. Where that determination
is made, the subdivider shall send, by certified mail, a sketch of
the proposed final map or parcel map, together with a copy of Section
66436 of the Government Code, to any public entity or public utility
which has previously acquired a right-of-way or easement.
If the public entity or utility objects to either: (A) recording
the final map or parcel map without its signature; or (B) the determination
of the planning commission that the division and development of the
property will not unreasonably interfere with the full and complete
exercise of its right-of-way or easement, it shall so notify the subdivider
and the planning commission within thirty days after receipt of the
materials from the subdivider.
If the public entity or utility objects to recording the final
map or parcel map without its signature, the public entity or utility
so objecting may affix its signature to the final map or parcel map
within thirty days of filing its objection with the planning commission.
If the public entity or utility either: (i) does not file an
objection with the planning commission; or (ii) fails to affix its
signature within thirty days of filing its objection, to recording
the map without its signature, the final or parcel map may be recorded
without such signature.
If the public entity or utility files an objection to the determination
of the planning commission that the division and development of the
property will not unreasonably interfere with the exercise of its
right-of-way or easement, the planning commission shall conduct a
public hearing not less than ten nor more than thirty days of receipt
of the objection and shall give written notice thereof to the objector
and the subdivider at least ten days prior to such hearing. At the
hearing, the public entity or public utility shall present evidence
in support of its position that the division and development of the
property will unreasonably interfere with the free and complete exercise
of the objector's right-of-way or easement.
If the planning commission finds, following the hearing, that
the development and division will in fact unreasonably interfere with
the free and complete exercise of the objector's right-of-way or easement,
it shall set forth those conditions whereby the unreasonable interference
will be eliminated and upon compliance with those conditions by the
subdivider, the final map or parcel map may be recorded without the
signature of the objector, notwithstanding its objections.
Failure of the public entity or public utility to file an objection
pursuant to this section shall in no way affect its rights under a
right-of-way or easement.
(2)
Rights-of-way, easements, or reversions, which by reason of changed
conditions, long disuse or laches appear to be no longer of practical
use or value and signatures are impossible or impractical to obtain.
A statement of the circumstances preventing the procurement of the
signatures shall also be stated on the map.
(3)
Interests or rights to minerals, including, but not limited to, oil,
gas or other hydrocarbon substances.
(d)
Real property originally patented by the United States or by the
state of California, which original patent reserved interest to either
or both of such entities, may be included in the final map or parcel
map without the consent of the United States or the state of California
to the map or dedications made by it.
(Ord. 2194-86 § 1)
If it is required, in conjunction with the approval of a tentative
map, parcel map, or final map, that traffic be prohibited over the
side lines of a major highway, parkway, street, freeway, or expressway,
a certification shall appear on the final or parcel map effectuating
such prohibition.
(Ord. 2194-86 § 1)
The final or parcel map shall be accompanied by:
(a)
Traverse sheets and worksheets showing the closure, within the allowable
limits of error, of the exterior boundaries and of each irregular
block and lot of the subdivision;
(b)
Construction plans and specifications for required and proposed improvements,
including all test data, calculations and reports necessary to support
all design conditions or criteria;
(c)
A copy of the protective covenants, if any, to be recorded.
(Ord. 2194-86 § 1)
(a)
Except as provided in subsection (b), after issuance of a receipt for the final or parcel map, the city engineer shall examine it as to the correctness of the surveying data, mathematical data computations and such other matters as require checking to ensure compliance with the "Subdivision Map Act" and this title.
(b)
No checking of maps or plans shall be commenced until all required
maps, plans, calculations and other supporting data have been filed
with the city engineer.
(Ord. 2194-86 § 1; Ord. 3074-16 § 5)
(a)
All streets, highways and other public ways shown on the final or
parcel map shall be offered for dedication for public use.
(b)
All other easements and parcels shown on the final or parcel map
intended for public use, excepting drainage easements on and along
natural water courses shall be offered for dedication for public use;
provided, however, that no portion of a right-of-way strip required
for use by an electric public utility (outside of street rights-of-way)
shall be included with any such dedication.
(c)
Dedications of or offers to dedicate interests in real property for
special public purposes shall be made by a certificate on the final
map or parcel map.
(Ord. 2194-86 § 1)
If the city engineer determines that the final map is technically
correct and substantially conforms to the approved tentative map,
he or she shall certify the final map and submit the same to the director
of public works, together with plans and specifications. If the city
engineer finds that full conformity has not been made, he or she shall
return the final map to the subdivider, together with a statement
setting forth the grounds for its return.
(Ord. 2194-86 § 1; Ord. 3074-16 § 6)
(a)
As a condition to approval of the final or parcel map, the subdivider
shall execute and file with the director of public works an agreement
between the subdivider and the city, whereby the subdivider agrees
to complete all improvement work to the satisfaction of the director
of public works within eighteen months. Such agreement shall also
provide that if the subdivider fails to complete such work within
such time period the city may complete said work and recover the full
cost and expense thereof from the subdivider. Such agreement may be
extended for additional time periods of six months each.
(b)
Such agreements shall also require the subdivider to compensate the
city for engineering and inspection costs incurred by the city during
the performance of the subdivision agreement. Such agreement shall
further require the subdivider to pay connection charges and other
applicable charges and credits.
(c)
Such agreement shall not allow for improvements or provision of improvement
security for a portion of the subdivision only, or for less than the
entire subdivision.
If the subdivision is subject to a valid development agreement
with the city and/or city redevelopment agency which provides for
separate certificates of completion for phased construction of the
subdivision, the city may allow for the provision of separate improvement
security for each complete project phase, as such phase is defined
in the development agreement.
(d)
All changes or modifications required for the development of the
proposed subdivision to existing city utilities, streets and facilities
within or adjacent to the subdivision, and all changes or modifications
to other public utilities caused by the development of the subdivision
which are not covered by city franchise agreements shall be paid for
by the subdivider, and provisions therefor shall be included in the
subdivision agreement.
(Ord. 2194-86 § 1; Ord. 2844-07 § 1)
(a)
No final or parcel map shall be presented for approval until the
subdivider has filed or deposited with the director of public works
improvement security to guarantee or secure each of the following:
(1)
Faithful Performance and Warranty. The completion of all the improvements required to be done by the subdivider, including the undergrounding of any overhead utility facilities required pursuant to Chapter 19.38, plus the performance of any changes or alterations in such work; provided, that all changes or alterations do not exceed ten percent of the original cost of the improvements, as estimated by the director of public works, and the guarantee and warranty of the work for a period of one year following completion and acceptance thereof, against any defective work or labor done or defective materials furnished, in the performance of the agreement; and cost and reasonable expense and fees, including reasonable attorneys' fees.
(2)
Labor and Materials. The payment to the contractor, to the subcontractors,
and to persons furnishing labor and materials, or equipment to them
for the improvement.
(b)
Except as provided in subsection (b)(4), such security shall be one of the following, at the option of and subject to the approval of the director of public works:
(1)
A surety bond by a corporation duly authorized to act as a surety
under the laws of the state;
(2)
A deposit with the city or a responsible escrow agent or trust company,
at the option of the director of public works, of money;
(3)
An instrument of credit from a financial institution 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;
(4)
Security for the undergrounding of utilities shall be approved by
the director of community development and shall consist of a deposit
or instrument of credit pursuant to subsections (b)(2) and (3). The
amount shall be one hundred percent of the estimated cost of the undergrounding
as set forth in the order of magnitude determined by the affected
public utility.
There shall be a separate and distinct bond, deposit, or instrument
of credit to secure each of the faithful performance/warranty and
labor/materials obligations.
(c)
Except for security for undergrounding of utilities, the amount of
such security shall be as follows:
(1)
Bonds. One hundred percent of the total estimated cost of the improvement
for faithful performance, one hundred percent of the total estimated
cost of the improvement for labor and materials;
(2)
Deposit or Instrument of Credit. One hundred percent of the total
estimated cost of the improvement for faithful performance, one hundred
percent of the total estimated cost for labor and materials;
(3)
The performance security may be reduced as set forth in subsection
(f).
(d)
Where a bond is accepted as improvement security for faithful performance
it shall be payable to the city of Sunnyvale and shall be conditioned
upon the faithful performance of any and all work required to be done
by the subdivider and should the subdivider fail to complete all work
required to be done within a specified reasonable time, the city may,
at its option, cause all required work to be done and the parties
executing the bond shall be firmly bound for the payment of all necessary
costs therefor. Said bond shall be in effect as of the date of the
agreement and shall stay in effect for a one-year period for guaranteeing
and warranting the work done after the director of public works has
accepted the improvements. The bond shall also be conditioned upon
the faithful performance of any and all repairs required to be done
by the subdivider during the one year guarantee period. Should the
subdivider fail to complete all required repairs within a reasonable
length of time as determined by the director of public works, the
city may at its option cause all required repairs to be done. The
parties executing the bond shall be firmly bound for payment of all
necessary costs thereof.
(e)
Bonds for faithful performance and security payment to contractors
and others shall be in substantially the forms set forth in Sections
66499.1 and 66499.2 of the Government Code.
(f)
The performance security furnished by the subdivider shall be released
in whole or in part in the following manner:
(1)
Faithful performance security shall be released upon completion and
acceptance of the required work, except that the director of public
works shall require retention of not less than twenty-five percent
of said security as is necessary, in his or her judgment, to secure
the guarantee and warranty of the work for a period of one year following
completion and acceptance thereof, against any defective work or labor
done or defective materials furnished, including costs and reasonable
expenses and fees, including reasonable attorneys' fees. Any repairs
to said improvements to be made during the one year period shall be
made at the expense of the subdivider. The city shall conduct a final
inspection approximately one year after acceptance of the improvements
and shall release any remaining security not required to satisfy any
warranty obligations.
(2)
The director of public works may approve a partial release of performance
security when the cost estimate of the remaining work does not exceed
twenty percent of the total original performance security or, if a
project has more than one final map, when improvements for any of
the final maps have been completed. The director of public works is
not required to process a partial release more than once between the
start of work and completion and acceptance of all work.
(3)
In order to obtain a release of performance security, a subdivider
who believes that the obligation to perform the work for which security
was required is eighty percent or more complete, may notify the director
of public works in writing of the completed work, including a list
of work completed and request a partial release of security.
(4)
Upon receipt of the written notice, the director of public works
shall have forty-five days to review and comment or to approve the
completed work.
(5)
If the director of public works does not agree that all work has
been completed in accordance with the plans and specifications for
the improvements, he or she shall supply a list of all remaining work
to be completed. Within forty-five days of receipt of the list of
remaining work from the director of public works, the subdivider may
provide cost estimates for all remaining work for review and approval
by the public entity. Upon receipt of the cost estimates, the director
of public works shall then have forty-five days to review, comment,
and approve, modify, or disapprove those cost estimates.
(6)
If the director of public works approves the cost estimate for the
remaining work and finds that the cost of the remaining work does
not exceed twenty percent of the total original performance security,
the public entity shall release all performance security except for
security in an amount up to two hundred percent of the cost estimate
of the remaining work and any retention to secure guarantee and warranty
of the work as set forth in subsection (f)(1).
(7)
Substitute bonds or other security may be used as a replacement for
the performance security, subject to the approval of the director
of public works. If substitute bonds or other security is used as
a replacement for the performance security released, the release shall
not be effective unless and until the director of public works receives
and approves that form of replacement security.
(g)
A reduction in the performance security, authorized under this section,
is not, and shall not be deemed to be, an acceptance by the city of
the completed improvements.
(1)
The risk of loss or damage to the improvements and the obligation
to maintain the improvements shall remain the sole responsibility
of the subdivider until all required public improvements have been
accepted by the city and all other required improvements have been
fully completed in accordance with the plans and specifications for
the improvements.
(2)
The subdivider shall complete the works of improvement until all
remaining items are accepted by the director of public works. Upon
acceptance, the director of public works shall release the performance
security except for the security required to secure the work for the
one-year warranty period.
(h)
Security securing payment to the contractor, his or her subcontractors
and to persons furnishing labor, materials or equipment shall, after
passage of the time within which claims of lien are required to be
recorded pursuant to Section 3114 et seq., of the Civil Code, and
after acceptance of the work, be reduced to an amount equal to the
total claimed by all claimants for whom claims of lien have been recorded
and notice thereof given in writing to the city council, and if no
such claims have been recorded, the security shall be released in
full.
(Ord. 2194-86 § 1; Ord. 2807-06 § 1; Ord. 2988-12 § 15)
(a)
Upon receipt of the final map from the city engineer, the director
of public works shall notify the city council at its next regular
meeting that the director of public works is reviewing the map for
final approval. The city clerk shall provide notice of any pending
approval or disapproval by the director of public works which notice
shall be attached and posted with the city council's regular agenda
and shall be mailed to interested parties who request notice.
(b)
The director of public works shall approve or disapprove the final map within ten days following the city council meeting that was preceded by the notice required by subsection (a). The director of public works shall, as required by Section 18.20.250 and as part of the final map approval, enter into an improvement agreement with the subdivider for construction of all the improvements specified in this title.
(c)
The director of public works shall accept, accept subject to improvements,
or reject dedications and offers of dedications that are made by a
statement on the map. If at the time the final map is approved any
dedications are rejected by the director of public works, the offer
of dedication shall be deemed to remain open. The director of public
works may at any later date and without further action by the subdivider,
rescind its previous action and accept and open said streets for public
use, which acceptance shall be recorded in the office of the county
recorder.
(d)
The director of public works' action under this section to approve
or disapprove the final map may be appealed to the city council by
any aggrieved party. Any two councilmembers may request a call for
review of the director's action under this section. Such appeal or
call for review shall be in writing and filed with the city clerk
within ten days of the director's decision. The city clerk shall place
the matter on the city council agenda as soon as is practicable.
(e)
The city council on appeal shall approve said final map if it complies
in all respects with the tentative map as approved, if the subdivider
has fulfilled all the conditions imposed by the director in connection
with the approval of the tentative map, and if the final map complies
with all the requirements of the Subdivision Map Act and this title
applicable at the time of approval or conditional approval of the
tentative map.
(f)
The city council on appeal shall accept, accept subject to improvements,
or reject any and all offers of dedication that are made with a statement
on the map that complies with the Subdivision Map Act.
(g)
The city council shall review the delegation of authority to the
director of public works every three years from the effective date
of this chapter, or as soon thereafter as is practical.
(h)
Except as specially authorized by this section, the processing of final maps shall conform to all procedural requirements of this chapter and Title 7, Division 2 ("Subdivisions") of the California Government Code.
(i)
Subsequent to the approval of the final map by the director of public
works and the execution of the required agreements the city clerk
shall transmit the map directly to the county recorder.
(Ord. 2194-86 § 1; Ord. 3074-16 § 7)
(a)
The director of public works shall approve a parcel map if said map
complies with the requirements of this title and the "Subdivision
Map Act" and with a previously approved tentative map, if such was
required and approved.
(b)
No parcel map shall be approved unless the subdivider shall have complied with the improvement security requirements of Section 18.20.260.
(c)
The director of public works may accept or reject any or all offers
of dedication contained on any parcel map, and shall consent to their
recordation on behalf of the city.
(d)
The director of public works shall approve or disapprove a parcel
map within twenty calendar days after its filing. If the director
of public works does not approve or disapprove such map within the
prescribed time or any extensions thereof, and the map complies with
the tentative map, if any, and the requirements of this title and
the "Subdivision Map Act," said map shall be deemed approved and the
director of public works shall certify his or her approval thereon.
(Ord. 2194-86 § 1)
