No division of land shall be made within the Town except in conformity with the applicable provisions of this chapter and the Subdivision Map Act of the State.
(§ 1, Ord. 572, eff. February 18, 2018)
Whenever any provisions of this chapter and any other provision of the City law, whether set forth in this chapter or in any other law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations over the subdivision of land, or contains any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern.
(§ 1, Ord. 572, eff. February 18, 2018)
No building permit shall be issued for any new structure, nor shall any permit be issued by the Health Department for any new septic tank or sewage disposal system, serving a new structure, within an area upon which a tentative subdivision map has been filed, until the final map thereof has been recorded.
(§ 1, Ord. 572, eff. February 18, 2018)
Permits or other approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter shall not be issued or granted if the Town finds that development of such real property is contrary to the public health or the public safety. This authority to deny such permit or approval shall apply whether the applicant was the owner of the real property at the time of such violation or whether the applicant is the current owner of the real property with or without actual constructive knowledge of the violation at the time of the acquisition of the applicant's interest in such real property. The City Council may authorize the issuance or granting of such permit or approval upon the imposition of such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property. Any decision of Town officials may be appealed as provided for in Article 10 of this chapter.
(§ 1, Ord. 572, eff. February 18, 2018)
The Commission may recommend and the Council may grant a waiver of any or all of the provisions of this chapter and the Town standards for any parcel which does not have an existing residence and is not to be used for such purpose.
Whenever a waiver is granted pursuant to the provisions of this section, a condition of approval or deed restriction shall be applied limiting the future use of the lot.
(§ 1, Ord. 572, eff. February 18, 2018)
(a)
No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, or allow occupancy thereof, for which a final map is required by this chapter or local ordinance, until the final map thereof in full compliance with this chapter and any local ordinance has been filed for record by the Recorder of the County in which any portion of the subdivision is located.
(b)
No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, or allow occupancy thereof, for which a parcel map is required by this chapter or local ordinance, until the parcel map thereof in full compliance with this chapter and any local ordinance has been filed for record by the Recorder of the County in which any portion of the subdivision is located.
(c)
Conveyances of any part of a division of real property for which a final or parcel map is required by this chapter or local ordinance shall not be made by parcel or block number, initial or other designation, unless and until the final or parcel map has been filed for record by the Recorder of the County in which any portion of the subdivision is located.
(d)
Subsections (a), (b), and (c) do not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law (including a local ordinance), regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
(e)
Nothing contained in subsections (a) and (b) shall be deemed to prohibit an offer or contract to sell, lease, or finance real property or to construct improvements thereon where the sale, lease, or financing, or the commencement of construction, is expressly conditioned upon the approval and filing of a final map or parcel map, as required under this chapter.
(§ 1, Ord. 572, eff. February 18, 2018)
(a)
The provisions of this section shall not apply to the conveyance of any parcel or real property identified in a certificate of compliance or identified in a recorded final subdivision map or parcel map, from and after the date of recording.
(b)
The provisions of this section shall not limit or affect in any way the rights of a grantee or his or her successor in interest under any other provisions of law.
(c)
Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions in the Subdivision Map Act or this chapter is voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her heirs, personal representatives, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions in the Subdivision Map Act or other ordinances of the Town enacted pursuant to the provisions of this chapter, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his or her assignee, heir or devisee.
(§ 1, Ord. 572, eff. February 18, 2018)
No map of any subdivision shall be entitled to be recorded in the office of the County Recorder until the map has met all the conditions of approval as set forth in this chapter. Should any unapproved map or any unapproved description of a subdivision nevertheless be recorded, the City Council shall institute proceedings to have such map or description cancelled from the records in the office of the County Recorder.
(§ 1, Ord. 572, eff. February 18, 2018)
All City employees having knowledge that real property has been divided in violation of the Subdivision Map Act or of this chapter shall report the same to the City Manager, who shall cause to be mailed by certified mail to the current owner of record of the property a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date, and place for a meeting at which the owner may present evidence to the City Manager why the notice should not be recorded. The notice shall also contain a description of the violations and an explanation as to why the subject parcel is not lawful under subsection (a) or (b) of Section 66412.6.
The meeting shall take place no sooner than 30 days and no later than 60 days from date of mailing. If, within 15 days of receipt of the notice, the owner of the real property fails to inform the City Manager of his or her objection to recording the notice of violation, the City Manager shall record the notice of violation with the county recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the City Manager shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the City Manager determines that the property has in fact been illegally divided, the City Manager shall record the notice of violation with the county recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The County Recorder shall index the names of the fee owners in the general index.
(§ 1, Ord. 572, eff. February 18, 2018)
The Town shall require the merger of a parcel or unit with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size, under the zoning ordinance applicable to the parcels or units, and if 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 exists:
(1)
The parcel comprises less than 5,000 square feet in 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 have direct access to a public sewer line and cannot install a new private wastewater disposal system that meets current Santa Clara County Department of Environmental Health requirements.
(4)
The parcel does not meet slope stability standards due to existing soils or other geological and seismic conditions.
(5)
The parcel does not have legal access or a recorded access easement adequate for Fire Department access and maneuverability.
(6)
Development of the property would create health and/or safety hazards due to unstable soils and landslide areas, increased stormwater runoff on slopes that are greater than 30%, and the substantial removal of natural vegetation would destabilize existing slopes.
(7)
The parcel is inconsistent with the development standards in the general plan, other than minimum lot size or density. The general plan delineates minimum building setbacks of 40 feet from the front property line, 30 feet from the side and rear property lines and 25 feet from the top of creek banks, limits development of ridgelines, restricts development on slopes that exceed 30%, leaves undisturbed natural swales and drainage channels, and requires the dedication of open space easements based on the extent of steep slopes generally in excess of 30%, the presence of heritage oak trees, and the location of creek corridors.
(c)
The owner of the affected parcels shall be notified of the merger proposal pursuant to Section 66451.13 of the Subdivision Map Act, and shall be afforded the opportunity for a hearing pursuant to Section 66451.14. For purposes of this section, when determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the notice of intention to determine status is mailed.
(§ 1, Ord. 572, eff. February 18, 2018)
Whenever the Planning Director believes that a parcel or unit of land may satisfy the requirements set forth in Section 9-1.310 and ought to be merged, or whenever the Planning Commission or the City Council makes such determination and instructs the Planning Director to initiate proceedings under this chapter, 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 Section 9-1.310, 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 with the County Recorder on the date that the notice is mailed to the property owner.
(§ 1, Ord. 572, eff. February 18, 2018)
At any time within 30 days after recording the notice of intention to determine status, the owner of the affected property may file with the Planning Director a request for a hearing on determination of status. Upon receiving such request, the Director shall fix a time, date and place for a hearing to be conducted by the City Council and shall notify the property owner of the hearing by certified mail. The hearing shall be conducted not more than 60 days following the Director's receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the City Council and the property owner.
(§ 1, Ord. 572, eff. February 18, 2018)
(a)
At the hearing conducted by the City Council in accordance with Section 9-1.312, 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 9-1.310. Upon the conclusion of such hearing, the City Council shall make a determination that the affected parcels are to be merged or are not to be merged and shall notify the property owner of its determination.
(b)
A final determination and notice of merger by the City Council shall be recorded in the office of the County Recorder within 30 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.
(§ 1, Ord. 572, eff. February 18, 2018)
If, within the 30 day period specified in Section 9-1.312, the owner does not file a request for a hearing, the City Council 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 Section 9-1.313(b) no later than 90 days following the mailing of notice required by Section 9-1.311.
(§ 1, Ord. 572, eff. February 18, 2018)
If the City Council 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 9-1.311, and shall mail a clearance letter to the then current owner of the property.
(§ 1, Ord. 572, eff. February 18, 2018)
If the City Council 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 Section 9-1.313(b).
(§ 1, Ord. 572, eff. February 18, 2018)
Any person owning real property or a vendee of that person pursuant to a contract of sale of the real property may request, and the Town shall determine, whether the real property complies with the provisions of the Subdivision Map Act and this chapter.
(§ 1, Ord. 572, eff. February 18, 2018)
A certificate of compliance shall be required prior to the submittal of a site development permit on any vacant, substandard parcel, as defined in Section 9-1.202, that was not created through a legal recorded map.
(§ 1, Ord. 572, eff. February 18, 2018)
The applicant shall submit a complete application in accordance with the requirements established by the Town and shall be accompanied by the required fees and deposits as prescribed by resolution of the City Council.
(§ 1, Ord. 572, eff. February 18, 2018)
If the City Council determines that the real property complies with the Subdivision Map Act and this chapter, then the City Council shall approve the certificate of compliance and cause it to be filed for record with the Santa Clara County Recorder.
If the City Council determines that the real property does not comply with the provisions of the Subdivision Map Act and this chapter, then the Council shall issue a conditional certificate of compliance. The City Council may, as a condition to granting a conditional certificate of compliance, impose any conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest therein, and that had been established at that time by the Map Act or this chapter. However, if the applicant was the owner of record at the time of the initial violation of the provisions of the Map Act or this chapter who by a grant of the real property created a parcel or parcels in violation of this chapter or local ordinances enacted pursuant to this chapter, and the person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation of this chapter or those local ordinances, then the local agency may impose any conditions that would be applicable to a current division of the property. Upon making the determination and establishing the conditions, the City Council shall cause a conditional certificate of compliance to be filed for record with the Santa Clara County Recorder.
The certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of these conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with these conditions shall not be required until the time that a permit or other grant of approval for development of the property is issued by the local agency.
Once a determination to approve or conditionally approve the certificate of compliance is made by the City Council, each certificate of compliance or conditional certificate of compliance shall include, but not be limited to, all of the following:
(a)
Name or names of owners of the parcel;
(b)
Assessor parcel number or numbers of the parcel;
(c)
The number of parcels for which the certificate of compliance or conditional certificate of compliance is being issued and recorded;
(d)
Legal description of the parcel or parcels for which the certificate of compliance or conditional certificate of compliance is being issued and recorded;
(e)
A notice stating as follows: "This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval."
(f)
Any conditions to be fulfilled and implemented prior to subsequent issuance of a permit or other grant of approval for development of the property, as specified in the conditional certificate of compliance.
(§ 1, Ord. 572, eff. February 18, 2018)
A parcel map shall not be required for a lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existing is not thereby created. 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. Review and approval by the Town is limited to a determination of whether or not the parcels resulting from the lot line adjustment conform to the general plan, any applicable specific plan, and zoning and building ordinances. No conditions or exactions shall be imposed on the approval of a lot line adjustment except to conform to the general plan, applicable specific plan and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code.
(§ 1, Ord. 572, eff. February 18, 2018)
The applicant shall submit a complete application in accordance with the requirements established by the Town and shall be accompanied by the required fees and deposits as prescribed by resolution of the City Council. The required plat map and legal descriptions shall be prepared by a registered civil engineer or land surveyor. In addition, a certification shall be required from the owner of each affected parcel documenting ownership of the parcel and certifying the owner's right to authorize the lot line adjustment.
(§ 1, Ord. 572, eff. February 18, 2018)
An application for a lot line adjustment shall be filed with the Planning Director or authorized representative. The application shall be signed by all parties holding an ownership interest in any properties which are the subject of the proposed lot line adjustment.
Upon submittal of an application for a lot line adjustment the Planning Director or authorized representative shall examine the application and supplemental data and information to determine if all requirements for the filing are in accordance with the provisions of the Subdivision Map Act and this chapter, as to form and information required to be furnished therewith, or shown thereon, and all required fees for filing have been paid.
The Planning Director or authorized representative shall then transmit copies of the lot line adjustment, along with accompanying data, to the Santa Clara County Department of Environmental Health (if on a private wastewater system), Town departments and committees, public utilities, and the appropriate water district for review and comments.
Once the application has been deemed complete and in compliance with the General Plan, the Zoning Ordinance, and this chapter, then the Planning Director or authorized representative shall schedule a noticed public hearing. Ten days prior to the scheduled hearing, a public notice shall be mailed to the owners of each parcel subject to the lot line adjustment and to all properties within 500 feet of the exterior boundaries of the proposed lot line adjusted properties, advising of the time, place, and date of the hearing, with said notices addressed to the owners as noted on the last equalized tax assessment roll. All required names and addresses shall be provided by the applicant or representative at the time of submittal of the lot line adjustment application.
The Planning Director, at a noticed public hearing, shall review the lot line adjustment for conformance with the general plan, zoning and building ordinances, and the provisions of this chapter and shall be the approving body for lot line adjustments. The Planning Director shall approve, conditionally approve or deny the application. If the Planning Director conditionally approves the application, such conditions must be satisfied within the time set forth in Section 9-1.326.
(§ 1, Ord. 572, eff. February 18, 2018)
(1)
A lot line adjustment between conforming parcels may be approved if the following findings can be made, or can be made on the basis of conditions imposed by the Planning Director:
(a)
That the proposed lot line adjustment is consistent with the General Plan;
(b)
That the proposed lot line adjustment does not create a parcel(s) reduced in dimension or area so as to be smaller than required by the provisions in this chapter or the Zoning Ordinance;
(c)
That the lot line adjustment does not result in the creation of a new nonconforming situation nor increase the intensity of an existing nonconforming situation;
(d)
That the proposed lot line adjustment will not conflict with existing easements.
(2)
A lot line adjustment involving one or more nonconforming parcels may be approved if the following findings can be made or can be made on the basis of conditions imposed by the Planning Director:
(a)
That the proposed lot line adjustment does not result in an existing conforming parcel being reduced in dimension or area so as to be smaller than required by the provisions in this chapter or the Zoning Ordinance;
(b)
That the proposed lot line adjustment does not result in a nonconforming parcel that is less in dimension or area than the original parcel;
(c)
That an existing parcel with an Lot Unit Factor (LUF) greater than 0.50 is not adjusted to result in an LUF of 0.50 or less;
(d)
That the lot line adjustment does not result in the creation of a new nonconforming situation nor increase the intensity of an existing nonconforming situation;
(e)
That the proposed lot line adjustment will not conflict with existing easements.
The Planning Director shall not impose conditions on an approval of a lot line adjustment except for those conditions which the Planning Director deems necessary or appropriate for implementation of, and conformity with, any General Plan policies, any zoning regulations set forth in this chapter or the Zoning Ordinance, any regulations set forth in the Town's building ordinances, or to facilitate the relocation of existing utilities, infrastructure or easements. |
(§ 1, Ord. 572, eff. February 18, 2018)
The Planning Director's approval, approval with conditions, or denial of a lot line adjustment may be appealed to the Planning Commission. Appeals shall be filed with the City Clerk within 14 days after the action of the Planning Director from which the appeal is being taken. The procedure for appeals shall be in conformance with Article 10 of this chapter.
(§ 1, Ord. 572, eff. February 18, 2018; § 2, Ord. 592, eff. April 17, 2021)
If the Planning Director conditionally approves the lot line adjustment application, all conditions imposed by the Planning Director shall be satisfied within 24 months from the date on which the Planning Director, (or Planning Commission or City Council on appeal), granted its conditional approval of the lot line adjustment application. Applicant shall submit evidence of compliance as required by the Planning Director.
A one-year extension of time from the expiration date may be granted by the Planning Director. 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 tentative approval is not a matter of right and the Planning Director may deny the application if, in the Planning Director's sole and absolute discretion, such extension is not warranted.
If any required condition is not satisfied within the times set forth by this section, such conditional approval shall expire.
(§ 1, Ord. 572, eff. February 18, 2018)
Upon the City Engineer's determination that all conditions of approval, if any, have been satisfied, and the legal descriptions and plat are approved, the Town will prepare the Certificate of City Engineer and notify the property owner(s) that the document is ready to be filed for record in the office of the County Recorder. The approved lot line adjustment shall be reflected in a deed, which shall be recorded in the office of the County Recorder. It is the responsibility of the owner(s) to record the document.
(§ 1, Ord. 572, eff. February 18, 2018)