Title 13 - Subdivisions#

Chapter 13.01 - General Provisions#

13.01.010 - Title.#

This Chapter may be referred to as the Monte Sereno Subdivision Ordinance.

13.01.020 - Purpose.#

It is the purpose of this Chapter to provide, in the City, by the regulation of the division, development and improvement of land therein, for a rural residential environment, adequate facilities and safe streets. In their interpretation and application, the provisions herein shall be held to be the minimum requirements for the protection of the public health, safety, welfare and convenience with maximum retention of existing natural scenic beauty and preservation of significant trees throughout the City.

13.01.030 - Advisory Agency designated; approval authority.#

The Site and Architecture Commission is hereby designated as the "Advisory Agency", with respect to all subdivisions in the City as provided in the Subdivision Map Act and Title 13 of this code. As the advisory agency, the Site and Architecture Commission shall not exercise approval authority but shall report its recommendation to the City Council. The City Council shall have the sole authority to approve, conditionally approve, or disapprove any tentative map, tentative parcel map, or final map.

(Ord. No. NS-223, § 7, 4-7-2020; Ord. No. NS-243, § 1, 12-3-2024)

13.01.040 - Definitions.#

As used in this Title, in addition to the definitions in the Map Act, the following terms shall have the following meanings:

A. "City" shall mean the City of Monte Sereno, County of Santa Clara, State of California.

B. "County" shall mean the County of Santa Clara, State of California.

C. "City Council" shall mean the duly elected governing body of the City of Monte Sereno.

D. "City Geologist" is a geotechnical consultant properly experienced and licensed by the State of California as an Engineer Geologist or Civil Engineer utilized to review proposed divisions of land on behalf of the City.

E. "Cluster Development" shall mean a division of land held in one (1) ownership in which lot sizes need not be uniform and part of the subdivision may be set aside as a common green. The number of dwellings permitted in a cluster development shall not exceed the number allowable under the appropriate Section of this Chapter. If in the judgment of the City Council the objectives of this Chapter and the City's General Plan and zoning regulations will be better served thereby, cluster development may be required as a condition of approval instead of standard subdivision without common green. The final decision as to whether a subdivision shall be approved as a conventional or cluster development rests with the Council. "Cluster development" is intended primarily as a means of protecting the environment.

F. "City Street" or ("Accepted City Street") means a street accepted into the City Street System by resolution of the City Council. The City is responsible for the maintenance of such streets.

G. "Collector Streets" provide for movement of traffic between major arterials and local streets with direct access from abutting property.

H. "Corridor" means a comparatively narrow protuberance, neck, 'flagstaff' or 'panhandle' of a lot primarily to give access from a public street to that lot. Contiguous corridors providing access to more than one (1) lot, or any corridor less than fifty (50) feet in width, is (are) not included in the net area of the building site for purposes of this Chapter.

I. "County Highway" means any highway which is: (i) laid out or constructed as such by the County; (ii) laid out or constructed by others and dedicated or abandoned to or acquired by the County; (iii) made a county highway in any action for the partition of real property; or (iv) made a county highway pursuant to law.

J. "Cul-De-Sac Street" is a local street open at one (1) end only, with provision for turning around at the closed end equivalent to a circular paved surface with minimum diameter of sixty-four (64) feet. The length of a cul-de-sac shall be measured from the centerline of its intersection with a through public street.

K. "Dead End Street" is a local street open at one (1) end only, with provision for turning around at the closed end less that prescribed for a cul-de-sac street.

L. "Driveway" is a means of access serving one (1) lot.

M. "Expressway" is an arterial highway for through traffic which may have partial control of access but which may or may not be divided or have grade separation at intersections.

N. "Fire Protection Agency" and the Santa Clara County Central Fire Protection District or any lawful assign or successor of same.

O. "Freeway" is a divided arterial highway for through traffic with full control of access and with grade separation at all intersections. Owners of abutting lands have no right of direct access to a freeway.

P. "Hazardous Area" shall mean an area subject to such Potential natural dangers as earthquake faults, earth slides, floods and conflagrations. Such areas may be designated as "private open space". An area having a slope greater than forty percent (40%) is presumed to be a potential "hazard area". The City Council, acting upon recommendation of the City Engineer, Building official, Water District and/or the Fire Protection Agency may, by resolution, designate by map, or metes and bounds description, or otherwise, such hazardous areas.

Q. "Hillside Subdivision" means one in which the average slope of the land to be divided exceeds ten percent (10%). Altered or unusual terrain features such as roads, water courses, etc., normally will not be considered in slope percent computations.

R. "Local Streets" provide primarily for direct access from abutting property and also for local traffic movements to collector streets and arterials.

S. "Loop" is a one-way street throughout its length with a terminal at each end connecting to another street.

T. "Map Act" shall mean the California Subdivision Map Act, Government Code Section 66410 et seq., as it may be amended from time to time.

U. "Major Arterial" is a street with structural design and control measures to expedite the safe movement of a large volume of through traffic but with intersections at grade connecting collector and local streets and with direct access from abutting property.

V. "Means of Access" means a street, right-of-way, easement way of necessity, or other thoroughfare, except a publicly maintained street, designed for ingress and egress from one (1) or more parcels of land to a public way or place.

W. "Official State Scenic Highway" is a State Highway, or portion thereof, designated as such by the State of California pursuant to Sections 260 through 263 of the Streets and Highways Code.

X. "Private Road" means a way or place in private ownership used for vehicular traffic by the owners and those having express or implied permission from the owner, but not by other members of the Public. The area within any "private road" shall not be included within the net area of the building site for the purposes of this Chapter.

Y. "Right-of-way" is the land acquired for use as a street either as an easement or by grant conveying title in fee. Right-of-way includes the traffic lanes (traveled way), shoulders and side slopes, but does not include slope easements. Generally, an easement will be acquired for street purposes in the discretion of the City Council.

Z. "Roadbed" includes the traveled way and the shoulders.

AA. "Scenic highway Corridor" is the area so designated by the State of California surrounding or in view from, an Official State Scenic Highway. A Scenic Highway and its Corridor are subject to special regulations to preserve scenic beauty.

AB. "Sewer District" shall mean the West Valley Sanitation District or any lawful assign or successor of same.

AC. "Shoulder" is that portion of the completed roadbed between the edge of the traveled way and the side slopes. Shoulders are constructed for lateral support of the base and surface courses of the roadway and may be used in emergencies for moving or stopped vehicles. A shoulder may include, where existing, median strips, parking lanes, auxiliary lanes and sidewalks. Drainage facilities and public utility facilities may be a part of either a shoulder or a side slope.

AD. "Side Slope" is that portion of a street between the roadbed and the boundary of the right-of-way.

AE. "Slope" means the percent slope of a Hillside Subdivision which shall be computed by the following formula:

S = Percent (%) Slope = 0.00229IL / A

where

I = Interval of contours in feet (uniform vertical distance between successive contours),

L = Length of contours in feet (sum of individual contour lengths), and

A = Gross area in acres and fractions thereof in the parcel or portion of a parcel being considered.

AF. "Slope Easement" is the land, in steep terrain, abutting a right-of-way and made available for erosion control to protect both the roadway and the abutting property. Fee title of a slope easement remains with the owner of the abutting property. The owner may use a slope easement for purposes not interfering with its function as part of the street and otherwise complying with law and ordinances including yard setbacks. The owner is responsible for maintenance of slope easements.

AG. "Split-Level Street" consists of two (2) separated traveled ways, usually on the same right-of-way, each at a different elevation and each accommodating one-way traffic flowing in the opposite direction from the other traveled way.

AH. "State highway" means any highway which is acquired, laid out, constructed or improved or maintained as a state highway pursuant to constitutional or legislative authority of the State of California.

AI. "Street" is a way or place of whatever nature open to the public for purposes of vehicular traffic. "Street" includes the whole area secured for use in constructing a roadway and its appurtenances. "Street" and "Highway" are synonymous. "Street" includes the right-of-way and slope easements.

AJ. "Significant Trees" means those trees whose visual importance to the neighborhood is sufficient to justify special efforts to protect and preserve them or whose loss would be of irremediable adverse impact on the environment. Factors to be considered in determining the significance of trees are age, size, rarity and appearance, and shall include any tree considered significant by definition pursuant to the City's Tree Preservation provision in this Code. Significant trees shall be shown on all maps and require approval of the City Council before being removed.

AK. "Traveled Way" is that portion of a street used for the movement of vehicles. The term does not include parking lanes, auxiliary lanes or shoulders.

AL. "Water District" shall mean the Santa Clara Valley Water District.

13.01.050 - Application and adoption by reference of Subdivision Map Act.#

Pursuant to California Government Code Section 50022.2 et seq., the Subdivision Map Act is hereby adopted by this reference as if fully set forth herein and shall be applicable to any division of land in the City into two (2) or more lots.

(Ord. No. NS-223, § 8, 4-7-2020; Ord. No. NS-243, § 2, 12-3-2024)

13.01.060 - Excavation, grading and soils engineering.#

Before submitting a tentative map the subdivider shall consult with the City Engineer as to what preliminary excavation and grading plans and soils reports will be required. Consultation and review by the City Geologist may be required, and the cost of which shall be paid by the subdivider.

13.01.070 - Fees, preliminary or tentative map.#

A. Every subdivider at the time of filing a tentative map shall pay to the City Clerk all fees required by Resolution adopted by the City Council, including, but not limited to:

1. Filing Fee;

2. Public Health Service Fee;

3. Improvement Plan Checking Fee and Construction Inspection Fee;

4. Map Checking Fee; and

5. Storm Drainage Fee.

B. If a proposed subdivision is abandoned and no improvements have been constructed, the City Engineer upon request shall refund the improvement plan checking and construction inspection fee to the subdivider or his authorized agent after first deducting any costs incurred prior to the request for refund.

13.01.080 - Geologic review, deposit.#

Every subdivider shall, at the time of filing a tentative map, pay a deposit in an amount determined by the City Engineer to be the estimated reasonable cost of obtaining a review of the tentative map by the City Geologist. Prior to obtaining approval of a final map or parcel map, the subdivider shall pay any amount remaining owing on the cost of the review, or the City shall reimburse to the subdivider any excess amount remaining on deposit after the review is completed, as the case may be.

13.01.090 - Fees, other public agencies.#

Every subdivider, at the time prescribed by the following respective agencies, shall pay the fees or charges prescribed by the agencies:

A. Water District.

B. Fire Protection District.

C. Sewer District.

13.01.100 - Subdivision improvement agreement security.#

If the subdivider is required to enter into an Agreement with the City in connection with the approval of a final map or parcel map because any public improvements required by the City concerning the subdivision have not been completed and accepted by the City, then the subdivider shall do the following:

A. Furnish security to guarantee both the faithful performance of the agreement and for the security of laborers and materialmen performing labor or furnishing materials thereunder, the form of each of which shall be selected by the City and which shall be one (1) of the following:

1. A bond or bonds by one (1) or more duly authorized corporate sureties.

2. A deposit, either with the City or a responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public moneys.

3. An instrument of credit from one (1) or more financial institutions subject to regulation by the State or Federal government and pledging that the funds necessary to carry out the agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.

4. A lien upon the property to be divided, created by contract between the owner and the City, if the City finds that it would not be in the public interest to require the installation of the required improvement sooner than two (2) years after the recordation of the map.

B. Furnish security in the following amounts:

1. An amount equal to one hundred percent (100%) of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the agreement; and

2. An additional amount equal to one hundred percent (100%) of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, to the subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act, respectively, under the Agreement.

3. Provided, however, the security conditioned upon faithful performance shall remain in full force and effect at all times until the expiration of two (2) years after satisfactory completion and acceptance by resolution of the City Council of all improvements, and thereafter until all deficiencies in construction, maintenance and repair have been rectified.

C. Post an insurance policy or policies in the minimum combined single limit amount of One Million Dollars ($1,000,000.00) wherein the City, and in their capacity as such its Council persons, officers, and employees will be insured, indemnified, and held harmless from and against any and/or all claims of any kind or nature arising or resulting from the construction of said improvements or other work and/or arising or resulting from or concerning the doing or failure to do by the owner of the property being subdivided of all things required to be done by the owner under the terms of the improvement agreements. The insurance also shall include an operations endorsement to cover a period of not less than two (2) years after date of satisfactory completion of the improvements, and shall provide for noncancellation without ten (10) days prior written notice to the City of any intention to cancel.

D. Post security in one (1) of the forms specified in Subsection (A):

1. In an amount which in the opinion of the City Engineer equals the cost of setting monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes. Provided, however, this security may not be released until the engineer or surveyor reports that he has been paid in full for the setting of the monuments.

2. In an amount required by the Sewer District for a sewer bond.

3. In an amount required by the respective utility companies equal to their estimate of the cost of the work to be done.

4. In an amount required by the County of Santa Clara and conditioned upon the payment of all state, county, municipal and local taxes and the current installment of principal and interest of all special assessments collected as taxes, which at the time of the final map is recorded are a lien against the property being subdivided, but which are not yet payable.

5. In an amount required by the City Engineer not to exceed One Thousand Dollars ($1,000.00) per lot in any subdivision requiring construction of public streets and improvements sufficiently close to significant trees so as to warrant the posting of security to guarantee their protection and preservation.

13.01.110 - Work on existing public streets; cash payment.#

Notwithstanding any other provision of this Title, if the subdivider is required to perform work on an existing accepted public street, the City Council may require, in lieu of other security and in full discharge of all obligations of the subdivider for such work, a cash payment in the amount of the City Engineer's estimated construction, engineering and inspection costs of the work. Such a cash payment shall not be subject to refund to the subdivider either in whole or in part. In further consideration of such payment the engineering cost shall be computed at ten percent (10%) of the estimated construction cost and the inspection cost shall be computed at five percent (5%) of the estimated construction cost.

Upon receipt of such cash payment the City shall assume full responsibility for performing the work. The time for performing the work will be at the discretion of the City Council.

13.01.120 - Release of sureties and insurance.#

Upon full and satisfactory completion of work under the immediate jurisdiction of the City, as so reported by the City Engineer, the City Council will accept the work subject to a one-year Guarantee to remedy all defects in material or workmanship. Upon completion of the guarantee period and the correction of all defects by the subdivider or contractor, and upon request of the subdivider, a final inspection shall be made. If and when the inspection report is satisfactory, the City Council will release the corresponding sureties and insurance coverages.