Chapter 1 - SUBDIVISIONS#

APPENDIX A TO ORDINANCE#

XI-1-1.01 - General Plan Conformance; Time for or Waiver of Report#

(a) A report as to conformity to the general plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the advisory agency on such division of land.

(b) Such report is not required for a proposed subdivision which involves 1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; 2) acquisitions, disposition or abandonments for street widening; or 3) alignment projects, provided that the advisory agency expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature.

(Ord. 18.17 (part), 6/15/76)

XI-1-2.01 - Citation and Authority#

This chapter is adopted to supplement and implement the Subdivision Map Act and may be cited as the "Subdivision Ordinance of Milpitas."

(Ord. 18.17 (part), 6/15/76)

XI-1-3.00 - Definitions#

The following words and phrases shall have the meaning respectively ascribed to them.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.01#

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.02#

"Subdivision" means the division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code or a community apartment project, as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.03 - Advisory Agency#

(a) Tentative maps. The Planning Commission of the City of Milpitas shall constitute the "advisory agency" for tentative maps.

(b) Parcel maps. The Planning Commission of the City of Milpitas shall constitute the "advisory agency" for parcel maps.

(c) Minor subdivision maps. The Planning Commission of the City of Milpitas shall constitute the "advisory agency" for minor subdivision maps.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.04 - "Minor Subdivision" Shall Mean:#

(a) A subdivision herein defined divided into four or less parcels.

(b) A division involving land which before division contains less than five acres, each parcel created by the division abutting upon a maintained public street or highway and no dedication or improvement being required by the legislative body.

(c) A division of land into parcels each of which has a gross acreage of twenty acres or more and has approved access to a maintained public street or highway.

(d) A division of land consisting of a parcel or parcels having approved access to a public street or highway comprising part of a tract of lands zoned for industrial or commercial development and which has the approval of the City Council as to street alignments and widths.

(e) A division of land in which each parcel created by the division has a gross acreage of 40 acres or more (Government Code Section 66426).

(f) Land involving short term leases which can be terminated by either party on not more than thirty days notice in writing or a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code provided the Planning Commission finds, upon substantial evidence, that public policy necessitates the application of these regulations to such operating rights-of-way. (See Government Code Section 66411).

(Ord. 18.17 (part), 6/15/76)

XI-1-3.05#

"Major Subdivision" means every subdivision other than a minor subdivision.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.06#

Unless the term "subdivision" is modified by the term "major" or "minor" (or the context of this chapter otherwise requires), the term "subdivision" as used herein shall refer to any subdivision whether it be a "major" subdivision or a "minor" subdivision.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.07#

Whenever the following terms appear in this chapter, said term shall be defined as they are defined in the Subdivision Map Act:

Term	Reference
3.07-1 Tentative Map	(See Govt. Code Section 66452 et seq.)
3.07-2 Final Map	(See Govt. Code Section 66433 et seq.)
3.07-3 Parcel Map	(See Govt. Code Section 66444 et seq.)
3.07-4 Design	(See Govt. Code Section 66418)
3.07-5 Improvement	(See Govt. Code Section 66419)

(Ord. 18.17 (part), 6/15/76)

XI-1-3.08 - Fair Market Value#

Fair market value is the highest price, estimated in terms of money, that a property will bring if exposed for sale in the open market allowing a reasonable length of time to find a buyer who buys with full knowledge of all the uses to which the property is adapted and for which it is capable of being used.

(Ord. 18.24(A) (part), 8/18/87)

XI-1-3.09 - Urban Lot Split#

"Urban Lot Split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-4.00 - Filing and Approval of Tentative Map#

4.01-1 Prior to filing a proposed tentative map, three copies of a Preliminary Tentative Map prepared by a registered civil engineer or licensed land surveyor shall be submitted to the Planning Division of the Community Development Department in order that the City staff may have the opportunity to rough check and mark latest information known in order to help eliminate any minor errors which may hold up the process for final submittal of the proposed Tentative Subdivision Map. The marked up copy will be returned to subdivider's engineer within two weeks. Preliminary maps east of Piedmont Road, Evans Road and Park Victoria Drive extended north of Jacklin Road shall show existing five foot contours and existing prominent landmarks including trees, rock outcroppings and streams.

4.01-2 The Tentative Map shall be clearly and legibly drawn to scale, shall be submitted on paper 24″ × 36″ in size, and to a scale of 1″ equals not more than 100′. Exceptions to this standard size and scale shall be considered in cases of very large subdivisions subject to City Staff review and approval. Room shall be left at the top or side of the paper for any approved Special Conditions as required by the Planning Commission-City Council. The Tentative Subdivision Map shall then be submitted; one sepia and thirty-five prints, accompanied by filing fees established by the City Council by resolution.

4.01-3 The Community Development Manager shall transmit copies of each tentative map to other departments, all serving public utilities, and agencies concerned. Upon receipt of a copy of a tentative map, each department concerned shall examine the map to ascertain if it conforms to the requirements of such department and shall advise the Community Development Manager its recommendations in accordance with such rules and regulations as the City Council may establish.

All tentative maps filed shall be prepared by a registered Civil Engineer or a licensed land surveyor.

4.01-4 The approval of a tentative map by the Planning Commission or City Council proposed for new real estate development or structure for human occupancy shall be subject to approval in accordance with the policies and criteria established by the State Mining and Geology Board and findings of the State Geologist in accordance with provisions of the Public Resources Code, Section 2621, et. seq.

4.01-5 A Condominium and/or Condominium Conversion Tentative Map shall be subject to an approved Conditional Use Permit as specified in the Milpitas Zoning Ordinance, Title XI, Chapter 10, Section 7.14.

4.01-6 Prior to approving a Tentative Map, the Planning Commission and City Council shall hold public hearings in accordance with the requirements of Title XI, Chapter 1, Section 18.05.

(Ord. 18.29 (part), 8/6/96; Ord. 18.19, 7/3/79; Ord. 18.17 (part), 6/15/76)

XI-1-4.02 - Form of Tentative Map#

The following information listed below, and any other information deemed necessary by the Planning Commission, shall be shown:

4.02-1 Tentative Map Name (County Tract Number, if possible).

4.02-2 Date, north arrow, scale, and subdivision boundaries clearly marked, dimensioned and labeled.

4.02-3 Name and address of engineer who prepared map.

4.02-4 Each lot dimensioned and numbered consecutively with or last lot number circled.

4.02-5 Sufficient elevations or contours to determine the general slope of the land, the high and low points thereof. Elevations shall refer to City of Milpitas datum.

4.02-6 All existing drainage features.

4.02-7 Name of adjoining property owners.

4.02-8 Existing and proposed roads, streets, highways and ways: Locations, names, existing and proposed widths, and grades and traffic indicies.

4.02-9 Easements existing and proposed if known: Widths, locations and purposes.

4.02-10 Existing buildings which are to remain in place: Dimensions and locations; and existing water wells and septic tanks.

4.02-11 Vicinity sketch (not to scale).

4.02-12 The locations, names and existing width of all the adjoining and contiguous highways, streets, and ways.

4.02-13 Existing trees and prominent landmarks such as streams and rock outcroppings.

4.02-14 For subdivisions east of Piedmont Road, Evans Road and Park Victoria extended north of Jacklin Road; the average slope of each proposed lot based on existing contours as shown on Aerial maps on file in the office of the City Engineer.

4.02-15 General notes to be included on map:

(a) Name and address of record owner or owners.

(b) Name and address of subdivider.

(c) Total acreage within subdivision boundaries.

(d) Minimum lot size in square feet.

(e) Existing use or uses of subject property.

(f) Proposed use or uses of subject property.

(g) A statement of the improvements and public utilities proposed to be made or installed.

(h) Provision for water by the City of Milpitas.

(i) Provision for sewerage by the Milpitas Sanitary District.

(j) Street tree planting as required by the City.

(Amended during 2-92 supplement; Ord. 18.17 (part), 6/15/76)

XI-1-4.03 - Planning Commission Action on Tentative Map#

The Planning Commission shall determine whether the tentative map is in conformity with the provisions of law and of this Chapter and the General Plan and upon that basis shall within fifty (50) days after filing of the tentative map recommend that the Council approve, conditionally approve, or disapprove the same. The Planning Commission may recommend the advisability of dedicating suitable areas for such parks, schools, and public sites that will be required for the use of the neighborhood by the population which is intended to occupy the subdivision, under the plan of proposed property uses therein. In all cases, the Planning Commission shall require such measures which will make for excellence of community development. The Planning Commission may reject a tentative map if the only practical use which can be made of the property, as proposed to be subdivided, is a use prohibited by any ordinance, statute, law, or other valid regulation, or if the property is deemed to be unhealthful for occupancy. The Commission shall recommend to the City Council with respect to the conformity finding required by Section XI-1-20.01 of this chapter upon any approval or conditional approval of the Tentative Map.

(Ord. 18.17 (part), 6/15/76)

XI-1-4.04 - Report#

4.04-1 Within said fifty (50) days, the Planning Commission shall report to the Council and subdivider regarding said tentative map and the action of the Planning Commission thereon.

4.04-2 Any report or recommendation on a tentative map by the staff to either Planning Commission or Council shall be in writing and a copy shall be served on the subdivider at least 3 days before any hearing or action by Commission or Council on said map (G.C. 66452.3).

4.04-3 At its next regular meeting following receipt of the report, the Council shall fix a meeting date within 30 days when it shall act upon the report and shall approve, conditionally approve or disapprove the tentative map. Action shall be endorsed on the face of the tentative map, and, in the event of the conditional approval or disapproval of the tentative map, a memorandum setting forth the conditions of any conditional approval or the reasons for any disapproval shall be prepared by direction of the City Council and permanently attached to said tentative map. The conformity finding required by Section XI-1-20.01 of this chapter shall be made by the Council upon any approval or conditional approval of the Tentative Map.

4.04-4 Pursuant to Section 66474.6 of the Government Code, the City Council shall determine whether the discharge of waste from the proposed major subdivision into the existing community sewer system will result in violation of existing requirements of the California Regional Water Quality Control Board. If the City Council finds that the proposed waste discharge would result in or add to violation of requirements of said Board, it may disapprove the tentative map or maps of said major subdivision.

(a) A report shall be submitted pursuant to 66474.6 of the Government Code containing such information as the Public Works Director shall require to determine whether the discharge of waste from the proposed subdivision into the existing community sewer system would result in violation of existing requirements of the California Regional Water Quality Control Board.

(Ord. 18.17 (part), 6/15/76)

XI-1-4.05 - Time Limits#

By mutual consent of subdivider and Planning Commission or Council the time limits set forth in subsections 4.03 and 4.04 may be respectively extended. A 15-day extension shall be allowed under Government Code 66452.7 to consider a State Office of Intergovernmental Management evaluation.

XI-1-4.06 - Expiration of Tentative Map Approval; Extension#

(a) Expiration. The approval or conditional approval of a tentative map shall expire twenty-four (24) months from the date the map was approved or conditionally approved.

(b) Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Planning Division of the Community Development Department. Such application is to be filed at least 30 days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.

(c) Time Limit on Extensions. An extension(s) of a tentative map approval or conditional approval shall not exceed an aggregate period of twelve (12) months in addition to the time specified in Subsection (a) of this Section.

(d) Effect of Map Modification on Extension. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

(e) Effect of Development Moratorium. The period of time specified in subparagraphs (a) and (c) of this section shall not include any period of time during which a development moratorium (imposed after the approval of the tentative map) is in effect. Provided, however, that the length of said moratorium shall not exceed five (5) years.

Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty (120) days, the map shall be valid for one hundred twenty (120) days following the termination of the moratorium.

(f) Effect of Judicial Action. The period of time specified in subparagraph (a) shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of the time period is approved by the City. Within ten (10) days of the service of the initial petition or complaint in the lawsuit upon the City, the subdivider may apply to the City for a stay. Within forty (40) days after receiving the application, the City shall either stay the time period for up to five (5) years or deny the requested stay. A hearing on a requested stay shall be held before the City Council upon notice given ten (10) days prior to the hearing by publication in a newspaper of general circulation and also by mailing to the subdivision at his address upon the stay request.

(g) Retroactivity. For all tentative maps approved prior to the effective date of the

XI-1-5.01 - Procedure for Submission and Filing of Final Map#

XI-1-5.01-1#

Prior to expiration of approval or conditional approval of a tentative map or prior to the expiration of any extension of said approval or conditional approval, the subdivider shall cause the subdivision or any part thereof to be surveyed and a proposed final map thereof to be prepared in conformance with the tentative map as approved or conditionally approved and in conformance with the provisions of this chapter.

5.01-2#

Said proposed final map shall be submitted to the City Engineer (with tracing and prints thereof as required by the Recorder of the County of Santa Clara), together with the following:

(a)#

A title company subdivision guarantee showing the name of the record owner whose signature is to be on the map certificate and a letter from the title company stating who is authorized to sign the subdivision agreements.

(b)#

In the event any dedication is to be made for the public use, a preliminary title record issued by a title insurance company, in the name of the owner of the land, issued to or for the benefit and protection of the City of Milpitas, showing all parties whose consent is necessary and their interest therein.

(c)#

Calculation and traverse sheets, used in computing the distances, angles and courses shown on the final map and ties to existing and proposed monuments.

(d)#

Proposed plans and profiles for all improvements.

(e)#

Three copies of each proposed agreement for improvements.

(f)#

Three copies of each proposed bond for improvements.

(g)#

Three copies of proposed deed restrictions.

(h)#

Three additional prints of the proposed final map.

5.01-3#

Upon receipt of the final map, the City Engineer shall examine the same and the other items received therewith to ascertain whether the subdivision as shown is substantially the same as it appeared on the approved tentative map or any approved alterations thereof, and to ascertain whether the map is technically correct. If the map is found to be technically correct, in conformity with the approved tentative map, the City Engineer shall certify said final map.

(Ord. 18.22, 11/2/82)

XI-1-5.02 - Form of Final Map#

5.02-1#

The final subdivision map shall be clearly and legibly drawn upon tracing cloth of good quality. All lines, letters, certifications, figures, acknowledgements and signatures shall be made in black india ink. Typewriting or rubber stamps shall not be used for signatures. The map shall be so made and shall be in such condition when filed that good legible blue prints and negatives can be made therefrom. The size of the sheets of tracing cloth shall be eighteen by twenty-six inches (18″ × 26″). A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the final map shall be one inch equals not more than one hundred feet (1″ = 100′).

5.02-2#

When the final map consists of three (3) or more sheets, a key map showing the relation of the sheets shall be placed on one sheet. Every sheet comprising the map shall bear the scale, north point, legend, sheet number and number of sheets comprising the map.

5.02-3#

Maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously so designated by the title "Reversion to Acreage."

5.02-4#

The map shall show clearly what stakes, monuments or other evidences were found on the ground to determine the boundaries of the tract. The corners of all adjoining subdivisions shall be identified by lot and block numbers, tract name and place of record, or other proper designation.

5.02-5#

Sufficient data must be shown to determine readily the bearings and length of every lot line, block line and boundary line. Dimensions of lots shall be given as the net dimensions to the boundaries of adjoining streets and shall be shown in feet and hundreds of feet. No ditto marks shall be used. Lots containing one acre or more shall show net acreage to nearest one-hundredth acre. Bearings and distances of straight lines, and radii, arc lengths and central angles of curves shall be shown.

5.02-6#

Whenever the City Engineer has established the monument line of a street or alley adjacent to or in the proposed subdivision, the date shall be shown on the final map, indicating all monuments found and reference to a field book or map. If the points were reset by ties, that fact shall be stated.

5.02-7#

The map shall show the location and description of all monuments found in making the survey of the subdivision, and shall include bearings and distances to such other existing monuments as may be necessary to establish the position of the proposed subdivision in relation thereto and in relation to the California Coordinate System, Zone III.

5.02-8#

Three copies of any proposed deed restrictions shall be filed with the City Engineer at the time of filing the final map, or if there are none a statement to that effect shall be filed.

5.02-9#

In addition, the final map shall be prepared in full compliance with the following requirements:

(a)#

The boundary of tract shall be clearly designated as the City Engineer shall require. Such border shall not interfere with the legibility of figures or other data.

(b)#

The map shall show the monument and side lines of all streets, the total width of all streets, the width of the portion being dedicated and the width of existing dedications, and the widths each side of the monument line, also the width of railroad rights-of-way, appearing on the map.

(c)#

The map shall show the side lines of all easements to which the lots are subject. The easements shall be clearly labeled and identified. If any easement is not of record, a statement of such easement must appear on the title sheet. Easements for storm drains, sewers, telephone and electric utilities and other purpose shall be denoted by fine dotted lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto, to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly set out in the owner's certificate of dedication.

(d)#

City boundary lines crossing or abutting the subdivision shall be clearly designated and referenced.

(e)#

Lot numbers shall begin with the number "1" and shall continue consecutively through the entire subdivision with no omissions or duplications.

(f)#

Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both streets complete with monument line and property line data.

(g)#

The map shall also show all other data that is or may be required by law.

(h)#

The final map shall particularly define, delineate and designate all lots intended 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. Parcels offered for dedication but not accepted shall be designated by letter; and private streets offered but not accepted for dedication shall each be designated "not a Public Street."

(i)#

The date and name of the engineer preparing any required soils report shall be added to the map.

(Ord. 18.17 (part), 6/15/76)

XI-1-5.03 - Certificates#

The following certificates and acknowledgments and all others now or hereafter required by law shall appear on the final map. Such certificates may be combined where appropriate.

5.03-1#

A certificate signed and acknowledged by all parties having any record title interest in the land subdivided consenting to the preparation and recordation of said map; except these interests described in Subsections a, b and c of Section 66436 of the Government Code.

5.03-2#

A certificate signed and acknowledged as above offering for dedication all parcels of land shown on any final map and intended for any public use, except those parcels other than streets, which are intended for the exclusive use of the lot owners in a subdivision, their licensees, visitors, tenants, and servants. Such certificate shall state whether dedication includes or excludes any public utility facilities located on or under the land offered for dedication; if dedication includes said facilities, the owner thereof must join in the execution of the certificate.

5.03-3#

A certificate by the registered civil engineer or licensed land surveyor responsible for the survey and the final map, in accordance with the provisions of Section 66441 of the Government Code.

5.03-4#

A certificate for execution by the City Engineer, in accordance with the provisions of Section 66442 of the Government Code.

5.03-5#

A certificate for execution by the County Recorder.

5.03-6#

A certificate of approval by the City Council for execution by the City Clerk in accordance with the provisions of Section 66440 of the Government Code.

(Ord. 18.17 (part), 6/15/76)

XI-1-5.04 - Date of Filing of Final Map#

The final map shall be deemed to be filed when the final map has been submitted and all certificates required thereon have been executed (except the certificate to be executed on behalf of the City Council).

(Ord. 18.17 (part), 6/15/76)

XI-1-5.05 - Council Action on Final Map#

5.05-1#

At the first regular meeting following the filing of final map with the City, the City Council shall consider the same.

5.05-2#

The Council shall consider any and all offers of dedication and may accept or reject any or all of them.

5.05-3#

The Council shall require the subdivider to agree to make required improvements, and to execute and deliver agreements, bonds and certificates relating thereto.

5.05-4#

If the Council finds that the final map conforms to all of the requirements of the Subdivision Map Act, this Chapter and the rules and regulations issued pursuant thereto and rulings thereunder, it shall approve the Map.

5.05-5#

When the required agreements and bonds have been executed, delivered and approved, and when all fees and deposits are made, the City may cause the appropriate certificates of approval by the City Council to be affixed to the final map and present the final map for recordation or release the final map to a Title Company, along with a letter of instruction authorizing the Title Company to record the map, only if the information contained in the Subdivision Guarantee and the letter stating who is authorized to sign the agreements is correct at the time of recordation.

(Ord. 18.17 (part), 6/15/76)

XI-1-5.06 - Failure to File Map#

5.06-1#

Failure to the subdivider to file a final map within the time required by this Chapter, or any extension thereof, shall terminate all proceedings.

(Ord. 18.17 (part), 6/15/76)

XI-1-6.01 - Minor Subdivision-Tentative Map#

6.01-1#

Whenever a subdivider proposes to lay out, wholly or partly a minor subdivision within the City of Milpitas, the subdivider or his agent shall cause a tentative map to be filed in accordance with the requirements and procedures set forth in Section 4 of this chapter.

6.01-2#

A filing fee shall be required and shall be paid to the City on filing, in accordance with a schedule of filing fees established by the City Council.

6.01-3#

The tentative map shall be considered by the Planning Commission in the same manner and in accordance with the requirements and procedures set forth in Section 4 of this Chapter except that the Planning Commission action shall be final unless an appeal is filed with the City Council as provided for in Section XI-1-18.04.

6.01-4#

In approving, conditionally approving, or disapproving a tentative map hereunder, the Commission shall be empowered to impose such conditions and requirements.

(a)#

as are deemed necessary to protect the surrounding property, neighborhood and community.

(b)#

as are consistent with the general purposes and intent of this Chapter and the General Plan.

(c)#

as include, but are not limited to, adequate provision for area, lot design, grade, slope, street and easement opening, widening, alignment, width and access, and the dedication and improvement of public and private streets, highways, ways, and easements for traffic, drainage and sanitation.

6.01-5#

Any minor subdivision proposed to be approved by the Planning Commission which proposes new real estate development or structure for human occupancy shall be subject to approval in accordance with the policies and criteria established by the State Mining and Geology Board and findings of the State Geologist in accordance with the requirements of the Public Resources Code, Section 2621, et. seq.

6.01-6#

The conformity finding required by Section 20.01 of this chapter shall be made by the Commission upon any approval or conditional approval of the tentative map.

(Ord. 18.17 (part), 6/15/76)

XI-1-6.02 - Parcel Map#

6.02-1#

Prior to expiration of approval or conditional approval of a tentative map or prior to the expiration of any extension of said approval or conditional approval the subdivider shall cause the filing of a parcel map in accordance with the provision of Section 66463 and 66464 et. seq. of the Government Code and this chapter.

6.02-2#

The time for filing said parcel map may be extended by written consent of the City Planning Commission for a period or periods not exceeding two (2) years.

6.02-3#

The City Engineer shall not certify the parcel map for recordation, unless and until he finds that:

(a)#

the parcel map is in substantial conformity with the approved tentative map, with any conditions imposed upon its approval, and with the requirements of law.

(b)#

all directions required have been made or are being made concurrently with the filing of the parcel map, and

(c)#

all improvements required have been made or have been agreed to be made in accordance with requirements of the statutes of the State of California, the ordinances and resolutions of the City of Milpitas, and the requirements of the City Engineer.

(d)#

if improvements are agreed to be made, that all necessary agreements, bonds, and certificates have been filed with the City and approved by The City Attorney.

6.02-4#

If the City Engineer finds that the requirements of this chapter have been complied with, he is empowered to certify the parcel map for recordation. Such other certificates as are necessary or convenient to show the acceptance in connection with the processing of a parcel map and as are not forbidden by law may be appended to said parcel map and executed by the appropriate City officials.

6.02-5#

All improvements shall be assured within the period required by this Chapter for the filing of a parcel map, unless the City Planning Commission shall consent to a time extension as provided herein. Said assurance shall consist of the execution and filing of improvement agreements, faithful performance and labor and materials bonds and certificates in the same manner as is required for a major subdivision under the provisions of this chapter.

6.02-6#

All dedications and improvements required pursuant to the provisions of this

XI-1-6.03 - Owner's Duty on Application for Separate Tax Assessments of Parcels#

6.03-1#

Whenever the owner of real property seeks to create separate parcels for the sole purpose of having said parcels separately assessed for real property tax purposes upon the County Tax Roll, the owner shall file a statement with the Community Development Department verifying under oath that said division is for tax purposes only. Said statement shall be filed within 30 days following application to the assessor's office for separate assessment and shall be in a form to the approval of the City Attorney.

(Ord. 18.17 (part), 6/15/76)

XI-1-6.04 - Minor Subdivision Requirements#

No Minor Subdivision of land shall be made unless provisions of this section 6 have been complied with.

(Ord. 18.17 (part), 6/15/76)

XI-1-7.01 - Streets#

7.01-1#

The street design shall conform both in width and alignment to any master plan of streets approved by the City Council; the rights-of-way for any such streets indicated on said master street plan shall be dedicated.

7.01-2#

The street design shall conform to any proceedings affecting the subdivision which may have been initiated by the City Council, or approved by said Council upon initiation by other legally constituted bodies of City, County or State. If a parcel of land to be subdivided includes a portion of the right-of-way to be acquired for a freeway or a parkway, then the City Council shall determine the boundaries of the right-of-way to be acquired. The subdivider shall either dedicate or withhold from subdivision all the area included in the said right-of-way.

7.01-3#

The following general conditions shall apply to street and highway design:

(a) All streets shall, as far as practicable, be in alignment with the existing adjacent streets by continuations, the center lines thereof, or adjustments by curves; and shall be in general conformity with the master plan made for the most advantageous development of the area in which subdivision lies.

(b) The Street Center lines shall be required to intersect one another at an angle as near a right angle as is practicable by tangents not less than 75 feet in length. Whenever a major street intersects another, greater tangents may be required.

(c) Where necessary to give access to or permit a satisfactory future subdivision on adjoining land, streets shall extend to the boundary of the property and the resulting deadend streets may be approved without a turn-around. In all other cases, a turn-around shall be required.

(d) On all street intersections the property line at each block corner shall be rounded by a curve having a radius of not less than 20 feet. Whenever a major street or State Highway intersects any other street or highway, or if streets intersect at other than right angles, a greater curve radius may be required.

(e) The center line curve radii on all streets shall conform to accepted engineering standard of design and shall be subject to approval by the City Engineer.

(f) Reserve strips controlling the access to public ways, will not be approved unless such strips are necessary for the protection of public welfare or of substantial property rights, or both, and in no case, except in which the control and the disposal of the land comprising such strips is placed definitely within the jurisdiction of the City under conditions approved by the City Council.

(g) Each hillside street and driveway shall be designed and located so as to minimize its visibility to the valley floor. The following principles shall be considered in designing such facilities:

1. Place such facilities near lower elevation ravines rather than on ridge lines.

2. Minimize the number of east/west alignments.

3. Place extensive slope plantings to camouflage the street visibility where practical.

4. That street and driveway cross slopes be designed toward the inside of hills to minimize visibility.

5. That slope rounding be utilized to minimize the impact of cuts and fills.

6. That private streets be utilized provided maintenance can be fairly assessed to the user.

7.01-4#

Streets now shown on any master street and highway plan, or affected by proceedings initiated by the City Council, or approved by the City Council upon initiation by other legally constituted governmental bodies, shall be of the widths as set forth hereunder, except where it can be shown by the subdivider to the satisfaction of the City Engineer that the topography or small number of lots served and the probable future traffic development are such as to unquestionably justify a narrower width, increased widths may be required where streets are to serve commercial property, or where probable traffic conditions warrant such increased widths:

Street Type	Right-of-Way Width	Curb-to-Curb Width	Additional Notes
(a) Major Streets	124 feet	104 feet between outside curbs, 16 feet wide median	Where a Major Street passes through or abuts a residential development that is utilizing a back-up-lot treatment, including no direct vehicular access onto said Major Street, the standard 124-foot right-of-way shall be increased by 7 feet on each side which abuts said residential development.
(b) Secondary Streets	90 feet	70 feet between curbs	Where a Secondary Street passes through or abuts a residential development that is utilizing a back-up-lot treatment, including no direct vehicular access onto said Secondary Street, the standard 90-foot right-of-way shall be increased by 7 feet on each side which abuts said residential development.
(c) Collector Streets	60 feet	40 feet between curbs
(d) Minor Subdivision Streets	56 feet	36 feet between curbs
(e) Major Industrial Streets	88 feet	68 feet between curbs
(f) Minor Industrial Streets	68 feet	48 feet between curbs
(g) Hillside	—	—	Shall mean that area of the City of Milpitas so defined by the adopted General Plan.
(h) Hillside Major Public Street	80 feet (minimum)	64 feet curb-to-curb	Public owned and maintained road.
(i) Hillside Collector Public Street	56 feet (minimum)	36 feet curb-to-curb	Public owned and maintained road.
(j) Hillside Minor Public Street	48 feet (minimum)	32 feet roadway width	Public owned and maintained road which serves two (2) or more sites or parcels within the land Division.
(k) Temporary Access Roadway	—	20 feet (minimum) "all-weather surface roadway" to provide a traffic index of five (5)	Privately owned and maintained roadway serving more than one dwelling unit from the nearest publicly maintained road providing access to serve the parcels being divided until such time as the public roadway is dedicated and constructed. NOTE: Must be of limited duration as approved by the City Council and is to be abandoned as soon as alternative public access if available.
(l) Driveway	—	14 feet (minimum)	Privately owned and maintained access from the public road to each single-family dwelling. NOTE: Chain linking driveway-to-driveway is prohibited. Chain linking shall mean the use of a driveway of another lot as portion of the driveway to the parcel in question.

7.01-5#

Service Roads and Off-Street Parking. When lots opposed for commercial usage front on any major or secondary street or highway, the subdivider may be required to dedicate and improve a service road to provide ingress and egress to and from such lots, or in lieu thereof, if approved by the Planning Commission, the subdivider may dedicate for public use an improved area adjacent to such lots for off-street parking purposes. When any lots proposed for residential use front on any freeway, state highway or parkway, the subdivider shall dedicate and improve a service road at the front of such lots, unless such is already existent as part of such freeway or parkway. In addition to any requirement for a service road, the Planning Commission may require adequate off-street parking areas for all lots proposed for commercial use.

7.01-6#

Non-access or planting strips. When the rear or side lines of any lots border any Major or Secondary Street, Freeway, Highway, or Parkway, the subdivider may be required to dedicate and improve planting strips adjacent to said Street, Freeway, Highway, or Parkway and may be required to prohibit the right of ingress and egress to such lots across the side lines of such Streets or Highways by appropriate designation and certification on the Subdivision Map.

7.01-7#

Lookout Points. When streets are in a location that affords a view of significant beauty, the City may require the dedication and improvement of lookout points.

7.01-8#

Street Names. All street names shall be as approved by the City Council and no duplication of street names shall be permitted.

7.01-9#

Acre Lot Subdivisions. Where a parcel is subdivided into a tract of lots exceeding the minimum lot size specified in the General Plan, the block shall be of such size and shape and be so divided into lots as to provide for the extension and opening of streets at such intervals as will permit a subsequent division of any parcel into lots of smaller legal size.

7.01-10#

Streets. All streets shall be graded and paved to widths and grades approved by the City Engineer. The subdivider shall improve the extension of all subdivision streets, or public ways to the intercepting paving line of any County road, City street or State highway.

7.01-10.1#

Hillside Maximum Grades. For temporary access roadways serving no more than four (4) lots, twenty percent (20%). For driveways, not over one hundred (100) feet in length, twenty percent (20%). All other temporary access roadways and driveways, no more than allowed for public cul-de-sac roads.

7.01-11#

Curbs and Gutters. Curbs and gutters shall be installed to locations and grades approved by the City Engineer.

7.01-12#

Sidewalks. Sidewalks shall be installed to locations, widths and grades approved by the City Engineer.

7.01-13#

Driveways. An all-weather surface roadway conforming to Chapter II-13 of this Code.

(a) Turning Radius. Turning radius shall be designed to meet the Fire Department requirements.

(b) Turnout Space. Turnout space shall be provided on driveways over one hundred fifty (150) feet in length, with a maximum spacing of one hundred fifty (150) feet if roadway less than eighteen (18) feet wide.

(c) Turnaround. All dwelling units shall provide an on-site area for vehicles to turn around if served by a driveway over one hundred fifty (150) feet in length to meet the Fire Department's requirements.

(d) Vertical Clearance. All privately owned and maintained roads and drives shall assure a minimum fourteen (14) foot vertical clearance.

(Ord. 38.672 (part), 9/15/92; Ord. 18.21, 11/3/81; Ord. 18.17 (part), 6/15/76; Ord. 18.7, 11/67)

XI-1-7.02 - Utilities#

7.02-1 General#

Utility facilities, with connections to each lot within the subdivision, adequate to supply telephone, electricity, gas and water service to the subdivision, shall be constructed and installed in and for the purpose of supplying telephone, electricity, gas, sewer, and water service to the subdivision.

7.02-2 Underground Utilities#

7.02-2.1#

All of the following existing and proposed facilities within the subdivision shall be placed underground:

(a) Telephone or telegraph

(b) Electrical distribution or transmission

(c) Cable television

(d) Community television distribution or transmission facilities

7.02-2.2#

Exceptions to the above are as follows:

(a) Transformers, pedestal-mounted terminal boxes, meter cabinets and concealed ducts may be situated above ground if they are used solely for the purpose of providing service within subdivisions and are used solely in connection with the underground transmission or distribution lines.

(b) Transmission lines supported by metal poles may be situated above the surface of the ground if the voltage carried by such lines is 37-½ KV or more and no distribution line serving the subdivision is connected to or carried on the poles of said 37-½ KV line within the subdivision.

(c) Poles supporting street lights and the electrical lines within said poles, may be situated above the surface of the ground.

(d) After consideration of the report and recommendation of the Planning Commission, the City Council may waive the underground requirements, in whole or in part, of this section if it finds that topographical, soil or other conditions or circumstances make underground installation of said facilities unreasonable or impracticable.

(e) After consideration of the report and recommendation of the Planning Commission, the City Council may waive the requirement of Underground Utilities, in whole or in part, for industrial subdivisions.

(f) In those cases where requirement for Underground Utilities has been waived, then easements for overhead pole lines shall be provided at the rear of all lots, except where alleys are available, or where the requirement is waived by the City Council.

(g) The waiver by the City Council of the requirements of this Section for one portion of a subdivision shall not affect the requirements for the balance of that subdivision.

(h) Provided, however, that where the rules and regulations of the California Public Utility Commission (PUC) and this section are or shall be in conflict, the rules and regulations of the PUC shall apply.

7.02-2.2#

It shall be the responsibility of all subdividers seeking to provide the services described in Section XI-1-7.02-2.1 to make the necessary arrangements with the utility companies involved for the underground installation of pipes, wires and facilities required for said services at subdivider's expense unless otherwise required by rules, regulations and tariffs on file with the California Public Utilities Commission.

7.02-3#

All utilities, water lines, sanitary sewers and laterals and storm sewers, when the same are to lie and be installed in the paved portion of streets, service roads, alleys or highways or public improvements, shall be constructed prior to the surfacing of public streets, service roads, alleys or highways or public improvements.

7.02-4 Sewers and Drainage#

(a) Sanitary sewer facilities shall be installed to serve each lot, in accordance with

Chapter 3, Title V of the Milpitas Municipal Code#

XI-1-7.02 (continued)#

(b) Storm Sewers#

Storm sewers shall be installed, as required, by the City Engineer to adequately protect the subdivision from water falling on it or running onto it from higher land and to carry said water to a suitable point of discharge.

(c) Water District Approval#

Where the area involved or the improvement involved include any water course or other facility under the control or responsibility of the Santa Clara Valley Water District, the written approval of that District shall be required for all improvement required by that District.

(d) Dedication of Right-of-Way for Storm Drainage#

The subdivider shall, subject to riparian rights, dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural water course or channel, stream or creek that traverses the subdivision, or provide by dedication further and sufficient easements or construction, or both, to dispose of such surface and storm water.

XI-1-7.02-5 Water#

Water distribution facilities shall be installed to serve each lot in accordance with Title VIII of the Milpitas Municipal Code.

XI-1-7.02-6 Fire Hydrants#

Fire hydrants shall be installed as required by the Chief of the Milpitas Fire Department.

XI-1-7.02-7 Street Lighting#

Street lights shall be installed by the subdivider and shall be as required by the City Engineer.

XI-1-7.02-8 Railroad Crossings#

Provisions shall be made for any and all railroad crossings necessary to provide access to or circulation within, the proposed subdivision, including the preparation of all documents necessary for application to the California State Public Utilities Commission for the establishment and improvement of such crossing, cost of improvement shall be borne by the subdivider or subdividers.

XI-1-7.02-9 Signing and Striping#

The installation of directional, regulatory, warning and guide signs, together with the painted stripe delineation of traffic lanes shall be provided by City at the cost of the subdivider. Prior to recordation of a final subdivision map, the subdivider shall pay to the City a signing and striping fee in accordance with a schedule of fees adopted by resolution of the City Council.

(Ord. 18.17 (part), 6/15/76)

XI-1-7.03 - Structures#

Structures for drainage, access or public safety shall be installed as deemed necessary by the City Engineer. Such structures shall be designed and placed to locations and grades approved by the City Engineer. The cost of said structures to be borne by subdivider or subdividers.

(Ord. 18.17 (part), 6/15/76)

XI-1-7.04 - Easements#

The subdivider shall grant easements of such a width and location as is determined necessary for public utility, sanitary sewer, and drainage purposes along the rear lot lines, along side lot lines and in planting strips wherever necessary. Dedication of easements shall be for the purpose of installing utilities, planting strips and for other public purposes as may be ordered or directed by the City Council.

(Ord. 18.17 (part), 6/15/76)

XI-1-7.05 - Lots#

7.05-1#

The size and shape of lots shall be in conformance with any zoning regulations effective in the area of the proposed subdivision.

7.05-2#

The side lines of all lots, so far as possible, shall be at right angles to streets or radial to curved streets.

7.05-3#

No lots shall be divided by a City boundary line.

7.05-4#

All lots shall have permanent vehicular access, represented by Document recorded in County Recorder's Office, to or frontage on a dedicated street. Said access to be of such width, condition and location as the City Planning Commission or City Council as the case may be shall approve and of such form as the City Attorney shall approve.

(Ord. 18.17 (part), 6/15/76)

XI-1-7.06 - Walkways#

The subdivider may be required to dedicate and improve walkways through long blocks or to provide access to school, park, or other public areas.

(Ord. 18.17 (part), 6/15/76)

XI-1-7.07 - Monuments#

7.07-1#

Monuments shall be set in accordance with Section 66495 et seq. of the Government Code and Sections 8771 and 8772 of the Business and Professions Code of the State of California, and amendments thereof, and in conformance with Standards of the City of Milpitas.

7.07-2#

The basis of bearing of the final map shall be the California Coordinate System. Values established for the first unit of a tentative map may be utilized for succeeding units of the same tentative map.

(Ord. 18.17 (part), 6/15/76)

XI-1-7.09 - General Improvement Construction Requirements#

7.09-1#

All improvements herein mentioned shall be not less than those set forth in the Standard Specifications of the City of Milpitas promulgated by Resolution or Ordinance of the City Council of the City of Milpitas.

7.09-2#

Improvement work shall not be commenced until plans and profiles for such work have been submitted to and approved by the City Engineer. Such plans are required before approval of the final map.

7.09-3#

All required improvements shall be constructed under the inspection of and to the approval of the City Engineer. Cost of checking plans and inspection of work shall be paid by the subdivider.

(Ord. 18.17 (part), 6/15/76)

XI-1-8.01 - Soil Reports#

(a)#

A preliminary soils report, prepared by a civil engineer registered in this State and based upon adequate test borings shall be submitted to the Chief Building Inspector for every subdivision.

(b)#

A preliminary soils report may be waived by the Chief Building Inspector providing the Chief Building Inspector finds that due to the knowledge the City has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary.

(c)#

If the City has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the Chief Building Inspector. Such soils investigation shall be done by a civil engineer registered in this State, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soil problems exist.

The Planning Commission may recommend approval of the subdivision or portion thereof where such soil problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(Ord. 18.17 (part), 6/15/76)

XI-1-8.02 - Hillside Geologic Investigation#

Applicants for subdivisions within the area defined in the Milpitas General Plan as "Hillside" shall employ a California State registered engineering geologist and soils engineer prior to planning the tract, whose duties shall be as follows:

a) Soils Engineering Investigation#

A soils engineering investigation of the site, based on the plan for the proposed development. Such reports shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendation for grading, for procedures, and design criteria for corrective measures. Recommendations included in the report and approved by the Environmental Impact Committee shall be incorporated in the grading plan for specifications. This requirement may be waived by the Committee when it appears from the condition of the property that such a report is not necessary.

b) Geotechnical Investigation#

A geotechnical investigation, based on the plan for the proposed development. The geotechnical report shall include an adequate description of the geology of the site and the conditions and recommendations regarding the effect of geologic conditions, including consideration of seismic hazards and slope stability in natural materials on the proposed developments and be in conformance with the requirements of the Municipal Code. All reports shall be subject to approval by the Environmental Impact Committee prior to consideration by the City Council. Supplemental reports and data may be required as may be deemed necessary. Recommendations included in the report and approved by the Committee shall be incorporated in the grading plan. This requirement may be waived by the Committee when it appears from the condition of the property that such report is not necessary.

1)#

The Environmental Impact Committee shall refer the geotechnical investigation to the City's consulting engineering geologist for review and comment.

2)#

The applicant shall pay a fee for City review and consideration of the geotechnical investigation.

3)#

Fees required under this section may be set by City Council resolution.

(Ord. 38.672 (part), 9/15/92; Ord. 18.17 (part), 6/15/76)

XI-1-9.01 - Authority#

9.01-1#

The Subdivision Map Act enables cities and counties to require either the dedication of land, the payment of fees, or a combination of both, for park or recreational purposes as a condition of approval of a subdivision map; and

9.01-2#

Before a city or county may avail itself of said Act, it must have a general plan containing a recreational element with definite principles and standards for the park and recreational facilities to serve the residents of the city or county;

9.01-3#

The City Council of the City of Milpitas has adopted a general plan containing such recreational element.

(Ord. 18.17 (part), 6/15/76)

XI-1-9.02 - Subdividers Must Provide Park and Recreational Facilities#

Every subdivider who subdivides land shall dedicate a portion of such land, pay a fee, or do both, as set forth in this Section for the purpose of providing park and recreational facilities to serve future residents of such subdivision.

(Ord. 18.17 (part), 6/15/76)

XI-1-9.03 - Application#

The provisions of this Section shall apply to all subdivisions except:

(a)#

Industrial subdivisions.

(b)#

Condominium projects consisting of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added.

(c)#

Divisions of land for which a parcel map is required unless made by or on behalf of a person engaged in the business of developing and selling real estate as distinguished from a private owner making an occasional sale (a person shall not be deemed to be engaged in the business of developing and selling real estate if he has made no more than four (4) sales in either of the last two (2) preceding years).

(d)#

Minor subdivisions which are not used for residential purposes. Provided, however, that the Planning Commission shall be empowered to condition the approval of any parcel map therefor as follows: if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee required by Section XI-1-9.07 may be required to be paid by the owner of each such parcel as a condition to the issuance of the building permit.

(Ord. 18.17 (part), 6/15/76)

XI-1-9.04 - Relation of Land Required to Population Density#

It is hereby found and determined:

9.04-1#

That the public interest, convenience, health, welfare and safety require that eighteen and one-half (18-½) acres of property, for each one-thousand (1,000) persons residing within this City, be devoted to park and recreational purposes.

9.04-2#

That said requirement will be satisfied in part by cooperative arrangements between the City and the local school districts and the County of Santa Clara to make available thirteen and one-half (13-½) acre of property for each one thousand (1,000) persons residing within the City for park and recreational purposes.

9.04-3#

That, except for the Midtown Specific Plan area, the remainder of the required eighteen and one-half (18-½) acres shall be supplied by the requirements of this section and the recreation program of the City. Because of the scarcity of vacant land within the Midtown area only three and one-half (3 ½) acres shall be supplied by the requirements of this section and the recreation program of the City.

(Ord. 18.32 (part), 4/2/02: Ord. 18.17 (part), 6/15/76)

XI-1-9.05 - Population Density#

Population density for the purpose of this section shall be an estimated average for each of the following housing types: Single Family Attached, Single Family Detached, Multi-Family in buildings with between 2 and 4 units. Multi-Family in buildings with 5 or more units. This estimated average for each unit type ("X") shall be determined based on the formula below:

X = (BC) / A

(X equals B multiplied by C divided by A)

Where,

Variable	Definition
X	Is the estimated current average population per each housing type.
A	Is the Census year Department of Finance estimated average population for all unit types.
B	Is the Census year count of average population for each unit type.
C	Is the most recent Department of Finance estimate of average population for all unit types.

Additionally, a project's total population density shall be the sum of its population per each housing type.

The basis for determining the total number of dwelling units shall be the number of such units permitted by the City on the property included in the subdivision at the time the tentative subdivision tract map is approved by the City.

9.05-2#

If the subdivider objects to the population estimate as determined by the formula set forth hereinabove, the subdivider may submit for City approval a professionally prepared study on the estimated household sizes for the project. The City, in its sole discretion, may either utilize the estimate derived from the formula hereinabove or the estimate identified in the study.

(Ord. 18.31 (part), 11/20/01: Ord. 18.30 (part), 6/23/98; Ord. 18.17 (part), 6/15/76)

XI-1-9.06 - Amount of Land to be Dedicated#

9.06-1#

The amount of land required to be provided as park land pursuant to this section in the adopted Midtown Specific Plan Area shall be the figure in which is the result of multiplying the project's estimated population (as calculated in Section 9.05) and 152.46 square feet (3.5 acres/1,000 people)§. In the Midtown Specific Plan Area at least, two (2) of every three and a half (3 ½) acres shall be provided as public park land (57.4%)§.

The amount of land required to be provided as park land pursuant to this section in the rest of the City shall be that figure which is the result of multiplying the project's estimated population (as calculated in Section 9.05) and 217.80 square feet (5 acres/1,000 people)§. Other than within the Midtown Areas of the City, at least, sixty percent (60%) of the required parkland requirement must be provided as public park lands§.

(Ord. 18.32 (part), 4/2/02: Ord. 19.30 (part), 6/23/98)

XI-1-9.07 - Amount of Fee in Lieu of Land Dedication#

Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Subsection XI-1-9.06 hereof. "Fair market value" shall be determined as of the time of filing the final map in accordance with the following:

9.07-1#

The fair market value as determined by the City Council, on a fiscal year basis, and shall reflect the fair market value for an acre of land in the city. The fair market value shall be in effect throughout the fiscal year and shall be applied to the calculation of all park in-lieu fees at the time of the tentative subdivision map approval. At any time the City Council may adjust the fair market value determination for an acre of land in the city in order to more accurately reflect actual real estate market conditions; or

9.07-2#

If the subdivider objects to such evaluation he may, at his expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the City, which appraisal may be accepted by the City Council if found reasonable; or

9.07-3#

The City and subdivider may agree as to the fair market value.

(Ord. 18.31 (part), 11/20/01: Ord. 18.24(A) (part), 8/18/87; (Ord. 18.17 (part), 6/15/76)

XI-1-9.08 - Credit for Private Open Space#

Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas shall be credited against the requirement of dedication for park and recreation purposes, (as set forth in Subsection XI-1-9.06 hereof), or the payment of fees in lieu thereof (as set forth in Subsection XI-1-9.07 hereof), provided the City Council finds it is in the public interest to do so, and that the following standards are met:

9.08-1#

That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and

9.08-2#

That the private ownership and maintenance of the open space is adequately provided for by written agreement; and

9.08-3#

That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council; and

9.08-4#

That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land; and

9.08-5#

That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan, and are approved by the City Council.

(Ord. 18.17 (part), 6/15/76)

XI-1-9.09 - Choice of Land or Fee#

9.09-1 Procedure#

The procedure for determining whether the subdivider is to dedicate land, pay a fee or both, shall be as follows:

(a) Subdivider#

At the time of filing a tentative tract map for approval, the owner of the property shall, as a part of such filing, indicate whether he prefers to dedicate property for park and recreational purposes, or whether he desires to dedicate land for this purpose (and, if the latter, he shall designate the area thereof on the tentative tract map as submitted).

(b) Action of City#

At the time of the tentative tract map approval, the City Council shall determine as a part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both.

(c) Prerequisites for Approval of Final Map#

Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required the same shall be deposited with the City prior to the approval of the final tract map. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final tract map and shall be recorded contemporaneously with the final tract map.

9.09-2 Determination#

Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

(a)#

Recreational element of the City's general plan; and

(b)#

Topography, geology, access and location of land in the subdivision available for dedication; and

(c)#

Size and shape of the subdivision and land available for dedication.

The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. On subdivisions involving fifty (50) lots or less, only the payment of fees shall be required.

(Ord. 18.17 (part), 6/15/76)

XI-1-9.10 - Time of Commencement Must be Designated#

At the time the final tract map is approved the City Council shall designate the time when development of the park and recreational facilities shall be commenced.

(Ord. 18.17 (part), 6/15/76)

XI-1-9.11 - Limitation on Use of Land and Fees#

The land and fees received under this section shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

(Ord. 18.17 (part), 6/15/76)

XI-1-10.01 - Requirements#

As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the school district in the City of Milpitas shall dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

(Ord. 18.17 (part), 6/15/76)

XI-1-10.02 - Procedure#

The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within thirty (30) days after the requirement of dedication is imposed by the city, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

(Ord. 18.17 (part), 6/15/76)

XI-1-10.03 - Payments to Subdivider for School Site Dedication#

The school district shall, if it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(a)#

The cost of any improvements to the dedicated land since acquisition by the subdivider;

(b)#

The taxes assessed against the dedicated land from the date of the school district's offer to enter the binding commitment to accept the dedication;

(c)#

Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

(Ord. 18.17 (part), 6/15/76)

XI-1-10.04 - Exemptions#

The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps.

(Ord. 18.17 (part), 6/15/76)

XI-1-11.01 - Requirements#

As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this chapter.

(Ord. 18.17 (part), 6/15/76)

XI-1-11.02 - Standards and Formula for Reservation of Land#

Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities

XI-1-11.03 - Procedure#

The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

(Ord. 18.17 (part), 6/15/76)

XI-1-11.04 - Payment#

The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area including interest and costs on any loan covering such reserved area.

(Ord. 18.17 (part), 6/15/76)

XI-1-11.05 - Termination#

If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

(Ord. 18.17 (part), 6/15/76)

XI-1-11.06 - Section Not Exclusive#

In accordance with the provisions of Government Code section 66482, the authority granted by this Section shall be additional to all other authority granted by law and shall in no way be construed as a limitation on or diminution of any such authority.

(Ord. 18.17 (part), 6/15/76)

XI-1-13.01 - Purpose#

The purpose of this section 13 is to make provision for assessing and collecting fees as a condition to the approval of any final map or parcel map to defray the actual or estimated costs of constructing planned storm drainage facilities for the removal of storm waters from local or neighborhood drainage areas established pursuant to Section 66483 of the Government Code.

(Ord. 18.17 (part), 6/15/76)

XI-1-13.02 - Storm Drainage Plan#

Whenever this section 13 refers to a storm drainage plan, it shall mean such storm drainage plan hereafter designated by ordinance or ordinances of the City of Milpitas adopted for a particular storm drainage area which contains an estimate of the total costs of constructing the facilities required by the plan, and a map of such area showing its boundaries and the location of such facilities. Costs as established by said ordinance shall be based upon findings of the City Council that subdivision and development of property within the storm drainage area will require construction of the facilities described and that (1) the fees are fairly apportioned within such areas (on the basis of benefits conferred or on the need for facilities created by the proposed subdivision and development of other property within such areas); (2) the fees as to any property proposed for subdivision within a local area do not exceed the pro rata share of the amount of total costs (actual or estimated) for all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per acre basis.

(Ord. 18.17 (part), 6/15/76)

XI-1-13.03 - Resolution of Conformity#

Prior to assessing or collecting any fees pursuant to this Section 13, the City Council shall adopt a resolution of conformity if and as required by Section 66483(c) of the Government Code.

(Ord. 18.17 (part), 6/15/76)

XI-1-13.04 - Exemption#

Pursuant to Government Code Section 66483(f), fees shall not be imposed pursuant to this section unless the storm drainage facilities planned are in addition to existing facilities serving the area involved at the time of the adoption of the ordinance referred to in Subsection 13.02 hereof.

(Ord. 18.17 (part), 6/15/76)

XI-1-13.05#

Fees required hereunder shall be paid by the subdivider prior to the filing of any final or parcel map.

(Ord. 18.17 (part), 6/15/76)

XI-1-14.01 - Supplemental Improvements: Required#

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.

(Ord. 18.17 (part), 6/15/76)

XI-1-14.02 - Supplemental Improvements: Reimbursement Agreement—Funding Procedures#

No charge, area of benefit or local benefit district shall be established unless and until a public hearing is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

In addition to the notice required by Section 18.05 of this chapter, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten (10) days prior to the date established for hearing.

(Ord. 18.17 (part), 6/15/76)

XI-1-14.03 - Supplemental Improvements: Storm Drainage#

If the City has adopted a local storm drainage plan or map as required for the imposition of fees therefor, as provided in this chapter, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this chapter. The City may enter into reimbursement agreements with a subdivider who constructs said facilities, and the charges collected by the City therefor may be utilized to reimburse the subdivider as set forth herein.

(Ord. 18.17 (part), 6/15/76)

XI-1-15.01 - Environmental Impact#

No parcel or tentative map filed pursuant to the provisions of this chapter shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of Chapter 20, Title II of the Milpitas Municipal Code. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

(Ord. 18.17 (part), 6/15/76)

XI-1-15.02 - Grading and Erosion Control#

Every map approved pursuant to this ordinance shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property. Further requirements are found in Section XI-10-45.18.

(Ord. 38.672 (part), 9/15/92; Ord. 18.17 (part), 6/15/76)

XI-1-16.01 - Reversions to Acreage by Final Map#

Subdivided property may be reverted to acreage pursuant to provisions of this chapter.

Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the City. The petition shall contain the information required by XI-1-16.02 and such other information as required by City.

The City Council at the request of any person or on its own motion may by minute order initiate proceedings to revert property to acreage. The Council shall direct the Planning Director to obtain the necessary information to initiate and conduct the proceedings.

(Ord. No. 315, § 2, 1/7/25; Ord. 18.17 (part), 6/15/76)

XI-1-16.02 - Data for Reversion to Acreage#

Petitioners shall file the following:

(a) Evidence of title to the real property; and evidence of the consent of all of the owners of any interest(s) in the property; or

(b) Evidence that none of the improvements required to be made have been made within two (2) years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

(c) Evidence that no lots shown on the final or parcel map have been sold within five (5) years from the date such final or parcel map was filed for record.

(d) A final map in the form prescribed by this Chapter which delineates dedications which will not be vacated and dedications required as a condition to reversion.

(Ord. 18.17 (part), 6/15/76)

XI-1-16.03 - Fees#

Petitions to revert property to acreage shall be accompanied by a fee established by resolution of the City Council. If the proceedings are initiated by the City Council, any person or persons who requested the Council to initiate the proceedings (other than the City Council, another public agency or a public officer) shall pay a fee established by Council resolution. Fees are not refundable.

(Ord. 18.17 (part), 6/15/76)

XI-1-16.04 - Proceedings Before the City Council#

A public hearing shall be held before the City Council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code.

The City Council may approve a reversion to acreage only if it finds and records in writing that:

(a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

(b) Either:

(1) All owners of an interest in the real property within the subdivision have consented to reversion; or

(2) None of the improvements required to be made have been made within two (2) years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

(3) No lots shown on the final or parcel map have been sold within five (5) years from the date such map was filed for record.

The City Council may require as conditions on the reversion:

(1) The owners dedicate or offer to dedicate streets or easements.

(2) The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this Chapter.

(Ord. 18.17 (part), 6/15/76)

XI-1-16.05 - Return of Fees, Deposits; Release of Securities#

Except as provided in Section XI-1-16.04, upon filing of the final map for reversion of acreage with the County Recorder, all fees, and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Council.

(Ord. 18.17 (part), 6/15/76)

XI-1-16.06 - Delivery of Final Map#

After the hearing before the City Council and approval of the reversion, the final map shall be delivered to the County Recorder.

(Ord. 18.17 (part), 6/15/76)

XI-1-16.07 - Effect of Filing Reversion Map with the County Recorder#

Reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

(Ord. 18.17 (part), 6/15/76)

XI-1-16.08 - Lot Combination#

When a property owner of two (2) or more contiguous lots desires to combine the lots, the property owner shall file a lot combination application with the Community Development Manager. The application shall include a plat of the properties to be combined, with as many copies as may be required by the Community Development Manager. If the Community Development Manager finds that the proposed lot combination is in conformance with the general plan, the zoning ordinance and the city's development policies, the Community Development Manager may approve the lot combination.

Upon approval of the lot combination, the property owner shall record the notice of approval for the lot combination with the Santa Clara County Recorder within sixty (60) days. A copy of the recorded document shall be filed with the Community Development Manager. Failure to record the lot combination shall be cause for denial of any project dependent on the lot combination.

The above procedures for lot combinations shall not apply to parcel mergers as defined in Government Code § 66451.21.

(Ord. 18.25, 8/6/91)

XI-1-17.01 - Improvement Agreement#

In any case where required improvements are not completed and accepted before approval of a final map or a parcel map, the subdivider shall execute an agreement with City, approved by the City Attorney as to form and by the City Engineer as to substance. Said agreement may include, but shall not be limited to, provisions on the following matters:

• Dedication and transfer of title.
• Improvements, improvement requirements.
• Time of completion of improvements.
• Surety bond descriptions.
• Provisions as to right-of-way acquisition.
• Repair or replacement of defective improvements.
• Indemnification of City.
• Liability insurance requirements.

(Ord. 18.17 (part), 6/15/76)

XI-1-17.02 - Improvement Security: Required#

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act.

(Ord. 18.17 (part), 6/15/76)

XI-1-17.03 - Improvement Security: Amount#

The subdivider shall file with the improvement agreement an improvement security in the amount and for the following purposes:

(a) An amount not less than the total estimated cost of the improvements, conditioned upon the faithful performance of the agreement.

(b) An additional amount not less than the total estimated cost of the improvement, securing payment to the contractor, his subcontractor, and to persons renting equipment or furnishing labor or materials to them for the improvement.

(c) An amount to cover final survey and monumentation of the subdivision.

(d) An amount determined by the City Engineer necessary for the warranty of the work for a period of one year following the completion and acceptance thereof against defective labor or materials.

In accordance with the provisions of Government Code 66499.2, said improvement security shall secure the faithful performance of any changes or alterations in the work to the extent that such changes and alterations do not exceed 10% of the original estimated cost of the improvements.

(Ord. 18.17 (part), 6/15/76)

XI-1-17.04 - Improvement Security: Form#

Improvement security as used in this section means one or more of the following:

(a) A cash deposit made with the City.

(b) A bond or bonds by one or more duly authorized corporate securities which shall be in the form referenced by Government Code Sections 66499.1 and 66499.2 (see appendix).

(c) An instrument or instruments of credit from one or more financial institutions subject to the regulation of the state or federal government, pledging that the funds necessary to meet the performance are on deposit, and agreeing that the funds designated by the instrument shall become trust funds for the purpose set forth in the instrument.

(Ord. 18.17 (part), 6/15/76)

XI-1-17.05 - Improvement Security: Release or Reduction#

Improvement security may be released or reduced in the following manner:

(a) Improvement security given for the faithful performance of the agreement may be released upon final completion and acceptance of the work and after the expiration of the waiting period.

(b) Improvement security, securing the payment of the contractor, the subcontractors, and to persons renting equipment or furnishing labor or materials may, six months after completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which action has been filed and notice thereof given in writing to the City Council. If no actions have been filed, the security may be released in full.

(c) Security for faithful performance may be released as work progresses upon approval of the Milpitas City Council provided such release shall:

(i) Not apply to any required warranty period nor to the amount of security deemed necessary by the local agency for such warranty period not to costs and reasonable expenses and fees, including attorney fees.

(ii) Not exceed 90% of the value of the work completed at the time of the release after a reserve has first been established to provide for the amount of security necessary for the warranty period and, costs, reasonable expenses and fees, including attorney fees.

(Ord. 18.17 (part), 6/15/76)

XI-1-18.01 - Rules and Regulations#

The City Council may adopt rules and regulations relating to the interpretation and administration of this chapter as are consistent with the provisions hereof for the purpose of providing for the efficient administration of this chapter.

(Ord. 18.17 (part), 6/15/76)

XI-1-18.02 - Exceptions#

The Planning Commission may recommend that the City Council authorize conditional exceptions to any of the requirements of this chapter at time of tentative map provided the Commission finds:

(a) There are special circumstances affecting the subdivision.

(b) The granting of the exception will not defeat the objectives of this chapter and the adopted General Plan of the City.

(c) The granting of the exceptions will not injure other land in the area where the subdivision is located.

(d) The exception is necessary to protect a substantial property right of the subdivider.

(e) The exception is not in conflict with the Government Code.

Application for any such exception shall be made by a petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision.

The Commission shall report its findings to the Council and shall specifically set forth the exceptions recommended and the conditions designated.

The Council may approve any tentative map with or without the exceptions and with or without any of the conditions recommended and with such other exceptions, if any, or conditions, if any, which the Council deems necessary to secure the objectives of this chapter.

(Ord. 18.17 (part), 6/15/76)

XI-1-18.03 - Waivers, Releases, Extensions#

No waiver, release or extension of time hereunder shall be made or effective unless given in writing by the person or authority which has the power to grant said waiver, release or extension of time.

(Ord. 18.17 (part), 6/15/76)

XI-1-18.04 - Appeals#

Any interested person adversely affected by a decision of the Planning Commission or any City Officer may file a complaint with the Council (through the City Manager's Office) concerning such decision. Any such complaint shall be filed with the City Clerk within fifteen (15) days after the action which is the subject of the complaint. The Council may, in its discretion reject the complaint at its next regular meeting or set the matter for public hearing. If the Council rejects the complaint, the complainant shall be notified of such action. If the matter is set for hearing, the hearing shall be conducted and notice thereof given as provided by Government Code Section 66451.3. A reasonable fee, established by Resolution of the Council, shall be imposed upon appellant to defray the costs of the appeal.

(Ord. 18.17 (part), 6/15/76)

XI-1-18.05 - Notice of Hearing#

Whenever a public hearing is held pursuant to this chapter, notice of the hearing shall be given in accordance with Government Code Sections 65090 and 65091, as amended.

(Ord. 18.29 (part), 8/6/96: Ord. 18.26, 4/21/92: Ord. 18.17 (part), 6/15/76)

XI-1-18.06 - Map Processing Fee#

Every person submitting a tentative, final or parcel map shall pay a processing fee in an amount prescribed by resolution of the Council.

(Ord. 18.17 (part), 6/15/76)

XI-1-18.07 - Certificate of Compliance#

Pursuant to the provisions of Government Code Section 66499.35, the City of Milpitas shall cause a certificate of compliance to be filed for record with the Recorder of Santa Clara County upon:

(a) a request from the owner of the real property;

(b) a determination by the City that such real property complies with the provisions of the Subdivision Map Act and of this Chapter;

(c) upon the payment of a fee to establish by resolution or minute order of the City Council to govern the cost of issuing and recording a certificate of compliance;

(d) upon the fulfilling of such conditions as would have been applicable to the division of the real property at the time the then owner of record acquired the same.

(Ord. 18.17 (part), 6/15/76)

XI-1-18.08 - Waiver of Parcel Map#

Pursuant to the provisions of Government Code Section 66428, the City Council may waive the requirement for a parcel map for land conveyed to the City of Milpitas.

(Ord. 18.27, 12/20/94)

XI-1-19.01 - Unlawful to Violate Chapter#

It shall be unlawful for any person, firm, association, syndicate, copartnership, corporation, trust or any other legal entity, as a principal, agent or otherwise to offer to sell, to contract to sell, lease or finance, or to sell, lease or finance any subdivision of land or any part thereof in the City of Milpitas, unless and until all the requirements hereinafter provided have been complied with.

(Ord. 18.17 (part), 6/15/76)

XI-1-19.02 - Penalty#

See I-1-4.09-1.

XI-1-19.03 - Nuisance#

The violation of any of the provisions of this chapter constitutes a public nuisance and may be abated in accordance with the procedure set forth in Article IV of Chapter 20, Title I (Standard Procedures Chapter) of the Milpitas Municipal Code.

(Ord. 18.17 (part), 6/15/76)

XI-1-19.04 - Civil Action#

Pursuant to the authority granted in Government Code Section 66499.33, the City Council shall be empowered to file a suit in the Superior Court of Santa Clara County to enjoin or restrain any attempted or proposed subdivision of land or sale, lease or financing in violation of the Subdivision Map Act or the provisions of this chapter.

(Ord. 18.17 (part), 6/15/76)

XI-1-19.05 - Land Division Violations To Be Recorded#

Pursuant to the authority contained in Government Code Section 66499.36, whenever

XI-1-19.05 - Notice of Violation#

If the Director of Planning has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of this Chapter, he shall cause to be filed for record with the Recorder of Santa Clara County a Notice of Intention To Record A Notice Of Violation, describing the real property in detail, naming the owner thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence. The Director of Planning and Engineering shall mail a copy of such notice to the owner of said real property as his address appears on the last equalized assessment roll of the County of Santa Clara. The notice shall specify a time, date and place at which the owner may present evidence to Planning Commission why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the Director of Planning and Engineering shall record a release of the Notice of Intention To Record A Notice Of Violation. If however, it is determined that there has been a violation (or if within sixty (60) days of receipt of the copy of the Notice Of Intention To Record A Violation the real property owner fails to inform the Director of Planning and Engineering of his objection to recording the Notice of Violation), the Director of Planning and Engineering shall record the Notice of Violation. For all purposes, the Director of Planning and Engineering is designated as the person authorized to perform any duty to be performed pursuant to the provisions of Government Code Section 66499.36 by the City of Milpitas, the City Council of Milpitas, or the Planning Commission of the City of Milpitas.

(Ord. No. 315, § 2, 1/7/25; Ord. 18.20 5/5/81)

XI-1-19.06 - Non-Compliance, Prohibition Against Issuance of Permit#

Pursuant to the provisions of Government Code Section 66499.34, the City of Milpitas shall not issue any permit or grant any approval necessary to develop land which has been divided or which has resulted from a division in violation of the provisions of the Subdivision Map Act or of the provisions of this Chapter, if the Community Development Manager finds that development of such real property is contrary to the public health or safety provided, however, that the City Council shall be empowered to authorize the issuance of such permit or grant approval for the development of any such real property, upon the imposition of such additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.

(Ord. 18.17 (part), 6/15/76)

XI-1-19.07 - Voidability of Conveyance#

Attention is directed to the provisions of Government Code Section 66499.32 authorizing the voidability of a conveyance of land subdivided in violation of the provisions of the Subdivision Map Act or this Chapter.

(Ord. 18.17 (part), 6/15/76)

XI-1-19.08 - Enforcement Provisions Cumulative#

See I-1-4.11

XI-1-20.01 - Finding Regarding Conformity with General Plan#

Pursuant to Section 66473.5 of the Government Code, the City Council shall not approve any tentative or final map unless it shall find in writing that the proposed subdivision, its design and improvement are consistent with the General Plan of the City of Milpitas.

(Ord. 18.17 (part), 6/15/76)

XI-1-20.02 - Findings Upon Denial#

If the Council shall make one (1) or more of the findings required by Section 66474 of the Government Code, the Council shall deny approval of a tentative or final map.

(Ord. 18.17 (part), 6/15/76)

XI-1-30.00 - Vesting Tentative Map#

This Section 30 (and subsections 30.01 through 30.10 thereof) is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Section.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.01 - Purpose and Intent#

30.01-1 It is the purpose of this Section to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the other provisions of this Chapter 1 of Title XI of the Milpitas Municipal Code. Except as otherwise set forth in the provisions of this Section, the provisions of this Chapter 1 of Title XI shall apply to this Vesting Tentative Map Section.

30.01-2 To accomplish this purpose, the regulations outlined in this Section are determined to be necessary for the preservation of the public health, safety and general welfare and for the promotion of orderly growth and development.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.02 - Consistency#

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the Zoning Ordinance of the City of Milpitas or other applicable provisions of the Milpitas Municipal Code.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.03 - Definitions#

30.03-1 A "vesting tentative map" shall mean a "tentative map" for a residential subdivision, as defined in this Chapter 1 of Title XI that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with subsection XI-1-30.05, and is thereafter processed in accordance with the provisions hereof.

30.03-2 All other definitions set forth in this Chapter 1 of Title XI are applicable.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.04 - Application#

30.04-1 This Section shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by Chapter 1, Title XI, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

30.04-2 If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.05 - Filing and Processing#

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this Chapter 1 of Title XI for a tentative map except as hereinafter provided:

30.05-1 At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words, "Vesting Tentative Map."

30.05-2 It shall be a condition precedent to the approval of a vesting tentative map that the land for which said map is filed shall have been zoned for, and that all discretionary land use approvals (including, but not limited to, conditional use permits) under Title XI of the Milpitas Municipal Code shall have obtained for the use of the land for which the vesting tentative map is filed.

30.05-3 It shall be a condition precedent to the approval of a vesting tentative map that all fees required in connection with the use or development of the land for which the vesting tentative map is filed (including, but not limited to, those required by any provision of Title XI of the Milpitas Municipal Code) shall have first been paid, provided, however, that, in lieu of payment at the time of approval, the City may, in the exercise of a reasonable discretion, approve the map upon condition that the amount of the fee or fees is to be determined and paid at the time of application for a final map or building permit.

30.05-4 It shall be a condition precedent to the approval of a vesting tentative map that all environmental assessments required by statutes of the State of California or ordinance of the City of Milpitas shall have been completed and finally acted upon by the City with respect to the land and project for which the vesting tentative map is filed.

30.05-5 Nothing herein contained is intended to waive or modify any requirement of Title II of the Milpitas Municipal Code.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.06 - Fees#

Upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative map.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.07 - Expiration#

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions established by this Chapter 1, Title XI for the expiration of the approval or conditional approval of a tentative map.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.08 - Vesting on Approval of Vesting Tentative Map#

30.08-1

(a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2.

(b) However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a Vesting Tentative Map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

30.08-2 Notwithstanding subsection 30.08-1, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:

(a) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;

(b) The condition or denial is required, in order to comply with State or Federal law.

30.08-3 The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section XI-1-30.07. If the final map is approved, these rights shall last for the following periods of time:

(a) An initial time period of twelve (12) months. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

(b) The initial time period set forth in Section XI-1-30.08-3(a) shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.

(c) A subdivider may apply for a one-year extension at any time before the initial time period set forth in Section XI-1-30.08-3(a) expires.

(d) If the subdivider submits a complete application for a building permit during the periods of time specified in paragraphs (a) through (c) of this Section XI-1-30.08-3, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

30.08-4 The rights conferred by this Section shall be for the time periods set forth in Section XI-1-30.08-3.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.09 - Applications Inconsistent With Current Policies#

Notwithstanding any provision of this Section, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in Section XI-1-30.08-1, and the City of Milpitas may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.10 - Effective Date#

The effective date of the ordinance codified in this Section is January 1, 1986.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-31.00 - Purpose#

The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.01 - Definition#

As defined in subsection XI-1-3.09 of this chapter, an "urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.02 - Application#

31.02-1 Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

31.02-2 An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

31.02-3 The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.03 - Approval#

31.03-1 An application for a parcel map for an urban lot split is approved or denied ministerially, by the Planning Director or his or her agent, without discretionary review.

31.03-2 A tentative parcel map for an urban lot split may receive ministerial approval if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map may also receive ministerial approval as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.

31.03-3 The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

31.03-4 The approval must require the owner and applicant to reimburse the city of all costs of enforcement, including attorney's fees and costs associated with enforcing the requirements of this chapter.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.04 - Requirements#

An urban lot split must satisfy each of the following requirements:

31.04-1 Map Act Compliance. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., "SMA"), including implementing requirements in this code, except as otherwise expressly provided in this section.

31.04-2 If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, or any other legal requirement:

(a) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

(b) The city has all the remedies available to it under the SMA, including but not limited to the following:

(i) An action to enjoin any attempt to sell, lease, or finance the property.

(ii) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(iii) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

(iv) Record a notice of violation.

(v) Withhold any or all future permits and approvals.

(c) Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

31.04-3 Zone. The lot to be split shall be located in a single-family residential zone. For the purposes of this section, the R1 Zoning District shall be the only single-family residential zone.

31.04-4 Lot Location. The lot to be split shall not be located on a site that is any of the following, as contained within Government Code section 65913.4(a)(6)(B)-(K), as may be amended from time to time:

(a) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(b) A wetland.

(c) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(d) A hazardous waste site that has not been cleared for residential use.

(e) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(f) Within a 100-year flood hazard area, unless the site has either:

(i) been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

(ii) meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

(g) Within a regulatory floodway, unless all development on the site has received a no-rise certification.

(h) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(i) Habitat for protected species.

(j) Land under conservation easement.

31.04-5 Historic Properties. The lot to be split shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

31.04-6 No Prior Lot Split.

(a) The lot to be split shall not be a lot that was established through a prior urban lot split.

(b) The lot to be split shall not be adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. "Any person acting in concert with the owner" here includes any third-party that coordinates with the owners of two adjacent lots with their respective urban lot splits.

31.04-7 No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

(a) Housing that is income-restricted for households of moderate, low, or very low income.

(b) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

(c) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.

(d) Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

31.04-8 Lot Size.

(a) The lot to be split must contain a minimum of 2,400 square feet.§

(b) The resulting lots must each contain a minimum of 1,200 square feet.§

(c) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.§

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.05 - Easements#

31.05-1 The owner of the property subject to an urban lot split must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

31.05-2 Each easement must be shown on the tentative parcel map.

31.05-3 Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.06 - Lot Access#

31.06-1 Each resulting lot must adjoin the public right of way.

31.06-2 Each resulting lot must have frontage on the public right of way of at least 12.5 feet.§

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.07 - Compliance with Zoning Ordinance#

The urban lot split shall conform with the requirements and standards of Section XI-10-4.08 "Urban Lot Splits" and Section XI-10-4-0.09 "Two-unit Projects" of this Title.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.08 - Specific Adverse Impacts#

31.08-1 Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

31.08-2 "Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the Zoning Ordinance or General Plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

31.08-3 The Building Official may consult with and be assisted by the Planning Director or other City staff or consultants, as necessary, in making a finding of specific, adverse impact.

(Ord. No. 38.844, § 4, 12/14/21)

---

APPENDIX A TO ORDINANCE#

CITY OF MILPITAS#

FAITHFUL PERFORMANCE BOND FOR SUBDIVISION IMPROVEMENT AGREEMENT#

WHEREAS, the City Council of the City of Milpitas, State of California, and _______________ (hereinafter designated as "principal") whose address is _______________ have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ____, 19, and identified as project _______________ is hereby referred to and made a part hereof; and

WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

APPENDIX B TO ORDINANCE#

CITY OF MILPITAS#

LABOR AND MATERIALS BOND#

FOR#

SUBDIVISION IMPROVEMENT AGREEMENT#

WHEREAS, the City Council of the City of Milpitas, State of California, and _______________ (hereinafter designated as "principal") whose address is _______________ have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ____, 19, and identified as project _______________ is hereby referred to and made a part hereof; and

WHEREAS, under the terms of said agreement, principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Milpitas, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

NOW, THEREFORE, said principal and the undersigned as corporate surety whose address is _____________, are held firmly bound unto the City of Milpitas and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of _______ Dollars ($_____), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

SHOULD THE CONDITION of this bond be fully performed, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect.

THE SURETY HEREBY STIPULATES AND AGREES that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on _______ 19___.

---

APPROVED AS TO FORM

---

City Attorney

APPROVED AS TO SUFFICIENCY:

---

City Engineer

---

PRINCIPAL

By: _____________________

---

SURETY

By: _____________________

---

ACKNOWLEDGMENT BY PRINCIPAL & SURETY IS ESSENTIAL

Form

Government Code Section 66499