HomeMy WebLinkAboutORD 3157,
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ORDINANCE·NO. 3157
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
REPEALING TI1'l.E 21 OF THE PALO ALTO MUNICIPAL CODE
(SUBDIVISION ORDINANCE) AND ADOPTING A NEW TITLE 21
The Council of the Ci.ty of Palo Alto does ORDAIN as follows:
SECTION l, Title 21 of the Palo Alto Municipal Code hereby
is repeaieafii its entirety and a. new Title 21 hereby is added to
the Palo Alto Munici.pal Code. to read as set .forth in Exhibit nAn
attached hereto and incorporated herein.
SECTION 2. The Council hereby finds that the adoption of
this ordinance will not have any significant impact on the envi'.t'on
ment.
SECTION 3. This ordinance shall become effective upon the
commencement of the thirty-first day after the date of its adoption.
INTRODUCED: August 13~ 1979
PASSED~ September 11, 1979
AYES: Brenner~ Eyerly, Fazzino~ Fletcher, Henderson~ Levy, Renzel, Sher
NOES: None
ABSTENTIONS: None
ABSENT: Witherspoon
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s~ctions:
21 .. 04.010
21. 04.020
.21.04.030
21. 04.040
21. 04.050
21.04. 060
21. 04. 070
21. 04.080
21. 04.090
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CHAPTER 21. 04
GENERAL PROVISIONS
Purpose and construction
Applicabil:' .. ty of ti.tle
Definition:;
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Merger of contiguous parcels
Notice of mer.ger
Application forms and fees
Violation
Noncomplian•~e -permit issuance prohibited
Notice of violation
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CHAPTER 21.04
GENERAL PROVISIONS
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21.04.010 ?u;:pose and constructi<fi. (a) The purpose of
this title is to regulate and control the design and improvement
of subdivisions and to insure their compliance with applicable
policies and regulations of the City. The regulations contained
herein at·e intended to implement and supplement the 11 Subdivision
Map Act 1' of the State of California as it now exists or as it may
be h~reaite:: amended, F..xcept as otherwise provided herei.n, all
provisions, requirements) and procedures set forth in the "Sub
division Map Act" shall be followed and satisfied. Failure to
expressly reference or incorporate those provisions~ requirements,
and procedures herein shall not be deemed a wa.iver thereof.
(b) In their interpretation and application, the provisions
of this title shall be held to be the minimum requirements adopted
for the ?'l'Ot1ection of the public health, safety, and welfare.
21.04. 020 ~plicability of_title. This title shall not
apply to, affect, or modify any subdivision, or lot forming a part
of a subdivision, lawfully cr.eated and recorded prior to the
effective date of this title, en: to any a.pproval or conditions of
approval of any tentative map or preliminary parcel map approved
more than forty-five days prior to the effective date of this
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title; except as to any further division or consolidation thereof,
any further approvals requested for such subdiyision or lot, or
any contiguous parcels ~erged pursuant to the provision of section
21.04.040 of this chapter.
21, OL.:., 030 !?.£fin_!tiol!.~· (a.) Except where alternate defini
tionG are provided herein, or the context cl~.arly requires a
different usage, the definitions of words and phrases contained in
the rrsubdi.vision Map Act 11 are hereby adopte.d for use in this title.
As used in the nsuhdivision Hap Act" the term 11 general plan 11 shall
mean the Palo Alto Comprehensive Plan, including all elements,
objecLiv·es, pol::l.cies t and programs thereof.
All references to any acction of the Palo Alto Hunicipal Code
01~ general laws of the State of California shall mean those sec
tions~ as may be hereafter amended, or any successor legislation.
References to any officer or employee of the City shall include
any designee of that officer or employee.
(.b) Except where the context clearly requires a different
usage, the following definitions are hereby adopted for the pur
poses of this title:
(1) "Alley": A public or private vehicular way less
than 12,2 meters (40 feet) in width affording a secondary means
of vehicular access to abutting prope,;-ty,
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(2) 11 Arterial 11 : A street which mainly serve; through
traffict takes traffic to and from expresswayst and provides
access to adjacent properties.
(3) nsoard of Supervisors 11 : The Board of Supervisors
of the County of Santa Clara.
(1~) "Cer tif ieate of Cornp 1 iance 11 : A document pre.pared
and issued by the City, and intended for recordation certifying
that a parcel 01: p-'o\:rcels of property withi.n the city are lots
law·fully c:reated and c~x.isting in compl:l.ance with this title and
the Subdivision Map Act and are capable of use or sale without
further proceedings under this titl.e.
(5) 11 City": The City of Palo Alto.
(6) 11 City Attorney": The City Attorney of the City of
Palo Alto.
(7) ncity Controller": The Controller of the City of
Palo Alto.
(8) ncit:y Engineern: The City Engineer of the City of
Palo Alto,
(9} ncity Manager": The City Manager of the City of
Palo Alto.
e • (10) "Clerk~' or "City Clerk'1 : The City Clerk of the ' ,
City of Palo Alto.
(11) ncollector streetn: A street which carries traffic
within an area to arteri.als and provides access to adjacent pr.o·~
perties.
(12) 11 Comrnission" or 11 Planning Commissionn: 'rhe Planning
Commir.sion of the City of Palo A.Lto,
rl '') H-' 1' • fl \. ..) , COrTJ."TIUll 1. t y 10US J_ ng ; Condominiums, planned develop-
ments, community apartr~,:~nt projects, or stock cooperatives.
(..14) ilt,ounty Recorder 11 : The: Recorde:c of the County of
Santa Clara.
(.15} "Director of Plannine 11 : The Director of Planning
and Community Environment of tht.! City of Palo Alto.
(16) "Director of UtilitiesH: The 'Oirector of Utilities
of tP~ City of Palo Alto.
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\/ (17) ,Final Mapn: A map, othe.r than a parcel map, prepared
in accordance with this title and the Subdivision Map Act, designed
to be placed on record with the County Recorder and thereby finalize
a subdivision approved by a tentative :map. A final map shall be
prepared pursuant to and in conformance ~ith the approved tcnta~
t.ive map and shall be based upon an accurate and detailed survey of
the prope1:ty. Final maps typically T_...ill be I"'equired for. major sub
divisi.ons creating five or more lots .. or five or more condominium.
community apartment or stock cooperative units.
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(18) "Freeway/Expressway": A sti:eet devoted exclusively
to traffic movement,
(19) "Hillsid(; areau: Any area with an 11verage cr.oss
slope of fifteen percent or more.
(20) 11 Local stre.et"; ,A street Hhlch is pr:irnaril)r used
for access to adjacent properti~s.
(21) nLotn: A parcel of land con.sistiP,g of a single
lot of record 1 used or intended for use under City zoning reguJ~
tions as one site for a use or group of uses.
(22) "Lot line:t•: Any boundary of a lot.
(,23) "Lot of recordH: A lot which is part of a sub
dt.vision recorded in the office of the County Recorder, or a lot
O%.' parcel described by metes and bounds or comparably specific
manner, which has been so recorded and which by reason of that
recordation constitutes a parcel of land lawfully created and
existiT"J.g in compliance with those provisions of law l:'egulating
the division of land.
(24) ''1-1ajor subdivis1.on": Any subdivision cre.a.ting five
or more parcels. fi.ve or more condominiums, a commurdty apartment
Ol" stock cooperative project containing five O'r more units.
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(25) 'tr1inor subdivision"; Any subdivision creating less '
than five lots or condominium units, or a community apartment or
stock cooperative containing less than five units.
(.26) ''Owner'': The record o1 .. ~er of property or a vendee
under a contract of sale, or an agent of t:~ith.er of the foregoing
which \rritten consent to act on their behalf. Unless e'/idence j_s
proch.1ced to the contrary, the :r;f;cord mmer oi. p:roperty shall be
deemed to be th.e owT~.er as shcMT1 on the last equal :.?-:ed assessment
::.oll.
(2.7) "Parcel map": A map, othf':)!.' than a final map, pre.
pared in accordance ~lli.th th::l.s title and the Suhdi vis ion Map Act,
designed to be placed on record with the Coun':y Recorder and t.hereby
finalize a subdivision for which a tentative map or pr€:liminary parcel
map has been approved and for which a parcel map is specifically re
quired. A parcel map shall be pr:epared pursuant to and in confomance
with the approved tentative or px.·eliminary parcel map and shall be
based upon an accurate and detailed survey of the pt.•operty. Parcel
maps will typically be required for minor subdivisions creating less
than five lots, o:r less thar, fi.ve condominium., community apartment
or stock cooperative units.
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(28) 11 Preliminary parcel map'': A map made for the purpose
of showing the design and imp-rovement of a proposed subdivision and
.the existing conditions in and around it. Except as provided in this
titlep preliminary parcel maps shall conform with all requirements
for tentative maps~ except that preliminary parcel maps shall be re
viewed and acted upon by the Director of Plarming. A pre linina:t-y
parcel map will typically be required for minor subdi.v1siGns of le:?s
than five parcels or units in lieu of a. tentative m.~p.
(.29) "Private streetl 1 : Any par(:el of land not dedicated
as a public street which is used for ingress to or egress from two
or more lots which do not have the required minlmmn frontage vn a
public street, or to or from one lot which does not have the r.e-
quired minimum frontage on ~ public street if the parcel of land
used for ingress or egress is more than 200 feet in length.
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(30) "Public utilities" or "utilities": Water, gas,
sewer, electric, and connuunication lines and facilities, but not:
1.ncluding natural or improved drainage facilities.
(31) "Reversion to acreagcit: The dissolution of a pre~
v:tously approved and recorded subdivision. A reversion to ac.reage
shall result i.n the merger of all lots cre.ated by the subdivision
and reestablishment of the lot linP..s as they existed prior to the
subdivision. Any modification \'"Jf lot lines or merger of parcels
compr.ising less than the w·hole of the parcel originally subdivided,
or establishing any lot lines other than those existing prior to
the subdivision, shall be deemed a new subdi.visions and not a
reversion to acreage,
(,32) "Street": A way for motor vehicle t·.raffic, whether
designated as a street. highway, thoroughfare, parkway, road,
aven".:e, lane, place, or however otherwise designated; provided,
however, "street" does not include alley.
(.33) nsubdivision 11 : A subdivision as defined in th~
Subd~vision Map Act, including a stock cooperative project as
defined in Section 11003,2 of the Business and Professions Code.
(31~} "Subdivision Map Actl': The Subdivision 1-tap Act of
the State of California as it presently exists or. may hereafter be
amsnded.
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(35) "Tentative map" A map made for the purpose of showing
the design and improvement of a proposed subdivision and the ex·isting
conditions in and around it. A tentative map need not be based upon
an accurate or detai.led final survey of the property. A tenta.tlve
map will typically be required for any major subdivision creating five
or more lots 1 o:c five or more eon.dom.i.niunw, c.ommuntty apartment or
~tock cooperative units. A tentative map w:l.ll also be required for
c.ertain m:l.nor subdivisions of less than five lots or units where the
total acreage involved ( ~eds five aer.es Ot.' any individual lot
created exceeds two acres. Tentative maps will be reviewed by the
Planning Commission and City Council.
(36) "Use": The conduct of an activity, or the perform
ance of a function or operation, on a site or in a build~ng or
facllity.
(37) "Zoning Administrator": The Zoning Administrator
of the City of Palo Alto.
21. 04~ 040 Merger. of c;.,o.ntiguous parcels. When two or more
contiguous lots are held by the same owner and any one of said
contiguous lots held by the same owner does n0t conform to standards
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for minimum lot size, including area, width and depth, undex-this
title or title 18, and if the degree of variance from any one of
said standards exceeds twenty percent (20%) of the existing standard,
and at least one of such contiguous lots is not developed with a
building constructed pursuant to and in. compliance with a pcnnit
issued by the city, or predecessor authority, or for which no such
p-ermit wan requ:i.re.d, then such lots shall be automat:i.cally merged
and shall be considered and regulated as a single lot under the
provisions of this title and title 18. In the event merger of
contiguous lots under s1.ngle ownership does not occ.ur by r.eason of
the t.~xistence of lawful buildings referred to above, such merger
shall occur at the time such buildj.ngs are de.molished if said lots
remain in single owr,ership. Notw·i ths tanding the foregoing~ the
existence of such buildings shall not preclude merger of such parcels
if the building or buildings on one such lot are accessory to or
constitute a single use with the buildings on any contiguous lot
under the same ownership.
Merger of lots shall not occur under this section unless
such merger will elinlinate or decrease the extel't of noncompliance
with the standards for minimt.ml lot :-1ize. Where. ·more than two
such contiguous lots are held under common ownership, merger shall
occur only of those lots necessary to a.chieve compliance with the
standa~ds fer lot size.
Th.e provisions of this section shall apply to all lots 1
whether lawfully created by compliance with applicable subdivision
procedures or by reason of division prior to the application of
such regulations, and whether the lots conformed with standards
for lot size at the time of their ,creation; provid.ed, that no lot
shall be subject to the provisions of this section if said lot was
created through cot:npliance with the subdivision procedure, if at
the time of its creation the lot failed to meet: the standards for
lot size in the sm.nt! manner as thE~ noncompliance now ex.ist~, and
if~ at the time of the creation of the lot, the ci.ty granted a
formal exception pursuant to :lts subdiviE~ion procedures to expressly
per.u1it said noncompliance.
21,04.050 Noti.ce of D!£!ger. Wh~n the city has knowledge that
any lots have merged pursuant to Section 2.1. Ol~. 040, the Zonj_n.g
Administrate~ shall give not less than thirty days' written notice
of the merger. to the o~mer or owners of the property and of the city!s
intent to record a notice of merger in the office of the County
Recorder. Said notice shall specify a time, date, and place at
which the owner may present oral or documentary evidence to the
Zoning Administrator why such notice should not be re~orded.
Documentary evidence may be submitted to the Zoning Adtninistrs.tor
at or before the specified time. Any evidence submitted .shall be
confin.ed to evidence tending to establish or disprove the existence
of the cond'itions set forth in Section 21.04,040 which give t·ise
to mel:'ger, If such conditions exist. the Zoning Administrator
shall not be .authorized to withhold recordation of the notice.
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If, after the presentation of evidence by the owner, or at
the end of the thirty-day period if no response is received from
the owner 1 the Zoning Ad.m:lnistrator detern1ines that the conditi-ons
contained in Section 21,04.040 exist, the Zoning Administrator
shall cause a notice of merger to be recor~ed, specifying the
names of the record owners and particularly describing the real
p1·operty.
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21. 04.060 AEplic~!_Qn forms an4_fe~.. Hhenever any application
or submittal is made pursuant to this title~ such application or
submittal shall be made on or accompanied by such application forms
afl may be prescribed by the officer with or to whom the application
or submittal is made. Whenever any application or submittal ia
made hereunder, including but n.ot limited to applications for
tentative, preliminary parcel, final and parcel map approvals,
certificates of compliance, reversions to acreage and appeals, a
fee shall be charged as set forth in the municipal fee schedule,
Whenever any map, agreement, or docum.ent l.s 1.·equi.red to be filed
or recorded under the provisions of this title, the applicant
shall pay all filing and recording fees incurred, in addition to
the fees set forth in the municipal fee schedule.
21.04.070 Vi~!!_tion. Any transaction in violation of the
Subdivision Map Act or this title shall be considered in violation
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of the Palo Alto Municipal Code and is hereby declared to be unlaw
ful and a public nuisance subject to the criminal penalties and
abatement procedures of this Code and of the general laws of the
State of California.
21.04, 080 E~?ncO!ll£1.~...: pe:gnbt J..!._s_u,.!n~2 £rohibi.t~~· The
City Council hereby finds that the developtn.ent of property divided
in violation of thi.s title, the Subdivision Map Act or a.ny p:t'e.
decessor legislat:ion. prior to review of such property and deter
mination whether it c>Omplies with current. standat:ds for lot size
and design and whether imposition of any conditions is requi~ed, is
contrary to the public health and safety, Therefore» no permit
or appro\ral of any type necessary for the development of such
property shall be issued by the City, whether the applicant
was the owner of record at the time of such violation or whether
the applicant is either the current owner of record or
tb.e vendee of the current owner of record pursuant to a contract
of sale of the real property with or without actual or constructive
knowledge of the violation at the time of the acquisition of the
applicant • s interest in such real property, unt'i1 s·uch tim.e as a.
final or parcel map or certificate of compliance £or the p.coperty
is approved an.d recorded. The enforcement of the provisions of
this section shall be in addition to any other remedy or penalt:y
?ro·vlded by law for violation of this title or the Subdivision
Map Act.
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21,04.090 !f£_ille of violation. Whenever the City ha.s know ...
ledge that real property located within the City has been divided in
violation of the provisions of this title or the Subdivision Map Act,
the Zoning Administrator shall cause to be filed for record with the
County Recorder a notice of intention to record a notice of violation,
descr:ihing the real property i.n de.tail, naming the owners thereof,
describing the violatL.;n, and stati.ng that an opportunity shall be
given to the o•r~rner to present evidence. Upon recording such a notlce
of intention to record a notice of violation 1 the Zoning Administrator
shall mail a copy of such notice to the owner of su~h real property.
The notice shall specify a time, date, and place at which the owner
may present evidence to the Zoning Administrator why such notice should
not be recorded. Such evidenc~':! shall be li:mited to material tending to
prove or disprove the existence of the alleged violation. I.f,
after the owner has presented evidence, the Zoning Administrator
determines that there has bGen no violation, the Zoning Administrator
shall re~ord a release of the notice of intention to record a
notice of violation with the County Recorder. If the Zoning
Ad:minist"tator determines that the property has in fact been
illegally divided, or if withir"t sixty days of receipt of 311Cb
notice th.e owner fails t.o inform the Zoning Administrator of the
owner's objection to recording the notice of violation, tht;! Zoning_
Administrator shall record the notice of violation witl1 the County
Recorder,
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Nothing contained in th.is section shall be deemed to :t;>equire
the recordatic.m of any of the notices refecre.d to herein as a
condition precedent to the enforceability of Sectiot~ 21.04. 080 or
any other provision of this title, the Subdivision Map Act~ or any
other provision of lnw.
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Section9:
CHAPTER 21.08
trAPS REqu).:.!3:ED
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2L 08. OlD Tentative map and final map required
21.08.020 Tentative map and parcel map required
21.08.030 Preliminary parcel map and parcel map
21. 08. ot~o Prc.CE":du:re and content.
21, 08. 0 50 Lot lin.e adj us trnents
21.08.060 Waiver of parcel map requirement
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'. CHAPTER 21.08
r-lAPS REg_UIRED
21.08.010 Tentative map and final map '(e~ired. A tentative
map and a f~nal map shall be required for any subdivision for which
a tentative map and a final map ~\re required by the Subdivision Map
Act, including any stock cooperative project creating five or more
units.
21. 08.020 'J'enta•·J,H ... rn~r _;__, ---,::,.~::__3:.:-. A tentative
map and a parcel map shall be required for any major subdivision
exempted from the requirement of filing a tentatj,v~ map and a final
map by Section 66426 of the Govenuo.~nt Code. A tento.tive map and a
parcel map shall be required for any minor subdivision where the land
to be divided exceeds five acres or any lot x-esulting frOTTl the sub-
division ~xceeds two acres. Any such minor subdivision shali be
subject to the same review and conditions as a major subd:tvi.sion.
2L 08~ 030 ,Prel'l.mi_na:ry Earcel map and parcel ma.E_. A preliminary
parcel map and a parcel map shall be required for any minor sub
division other than those referred to in Section 21.08.020, and other
than those expressly exempted from such requit·ements by the Sub ...
division Map Act unless it is determined by the Director of Planning
that puolic policy necessitates such maps. A parcel map shall not
be required for any lot line adjust:ment nor for any subdivision for
which the requirement of a parcel map has been waived pursuant to
Section 21.08.060.
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21.08.040 Proc.l~dure and content. All maps submitted pur~
suant to this title shall meet all requirements of the Subdivision
Map Act and of this title.
21.08.050 Lot line adj_ustments .. No tenta.t.iv~~ map, final mapJ
o·r pat7cel map shall be required for any lot line adjustment bet·v;een
two or more existing parcels when:-thE·. land taken fron one parcel
is added to an adjacent parcel and wheJ:e a greater mu-nber of parc~ls
than existing is not thereb)' created; provided that any such lot
line adjustment meets the requirements of th:i.s s.ection. Ho lot
line adjustment shall be permitted pursuant to this 8ect.i.on without:
filing a tentative mapJ final map, or parc~l map J.f any of the
following conditions exist:
(Jl) The lot line adjustment will cause any of the
parcels to became nonconforming with respect to any of
the :requirements of this title and Title 18 of this Code~
including, but not limited to~ lot area. width .. depth,
and frontage requirements;
(b) The lot line adjustment will cause an incre.ase
in the degree of nonconformance of any existing lot not
in compliance with the requirements referred to in sub
section (a);
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• (c) The lot line adjustment involves any lot not
lawfully e:x:tsting in compliance with the provi.sions of
this title, the Subdivision Map Act or any predecessor
regulations;
(d) The lot line adj us tn.ent will necessitate the.
modification of any existing facilities approved pur-
suant to Architectural Revie'¥7 Board or Si t:e and Design
p·rocedures or a Planned Commurd.ty Zone;
( ) Th 'l 1 i dj tm i . f . l ' . ~ ' .. e · e . ot ne a us ent s ... gnJ. ~cant .y rnocn .. tH)s
the means of access to any of the. affected lots;
(f) The lot line adjustment will render any existing
fac:Llities noncomplying or uses nonconforming or will in
crease the degree of any such noncompliance or noncon
formance;
(.g) The lot line adjustment affects any public
utilities or other easements or any public improvements.
A. preliminary parcel map shall be required for any lot li.ne
adjustMent processed pursuant to this section. Approva.l of such a
preliminary pat'cel map shall be by the Director of Planning in
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• accordance with the provisions of this title and may be condi-tioned
upon such requirements as may be necessary to i.nsure compliance
with this title and to insure the public health, safety, and wel
fare. The decision of the Director of Planning with r~spect to
any such preliminary parcel map shall be subject to appeal as pro'"'
vided in Chapter 21.36, Upon approval of such preliminary parcel
map, expiration of the time for appeal and complL":J.nce. with all of
the conditions of approval, the City Engineer shall issue and ca~se
to be recorded a certificate of compliance for the involved lots;
id d h i J • .;:: • • ~ j .c 1 , d . . f p:t:ov e t at n .leu o.~.. requl.rtng <'uDif:·Let .on ox: a .J.. con 1.t1.ons o
approval the City Engineer may issue a cond1tional certificate of
compliance requiring perfo11uance of the conditions prior to issuance
of any perrnits for the development of any of the lots or at such
earlier times as may be deemed necessary.
21.08. 060 Waiv~~-o.£.I:a,rcel maE requirt=:m.ent, Upon written
request of the subdivider, the Director of Planning may waive the
requirement for a parcel map under this title if the Director of
Planning finds that the proposed subdivision complies with all re ...
qui~ements of the Subdivision Map Act, this title and all other
pt:'ovisions of the Palo Alto Municipal Code~ including. bi.l,t not
limited to, area, width, depth, and frontage requirements, improve
ments and design. floodwater drainage control, appropriate improved
roads, sanitary disposal facilities,, water supply availability,
and environmental protection; that no improvements or dedications
are required in connection with the subdivision; and that the
bounda-ries of the lot or lots are adequately monumented.
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A r.equest for approval of a waiver. of the requirement for a
parcel map shall constitute a reque.st for a certificate of com~
pliance. When approval has been given for waiver of the parcel
map requirement, any required tentative map or preliminary parcel
map has been finally approvedi and all conditions of such approval
have been met, the City Enginee.r shall issue and cause. to be
recorded a certificate of compliance, A condi. tional ce:rti.fica.te
of compliance. may be issued and x-ecorded if nEJc:essary to insure
coro.pJ. iance with the conditions of approval.
Any waiver. of the -requirement of a parcel map shall not con
sticute a waivf.:r of the requirement for any tentative map or pre
liminary parcel map which ls ot.her.wise :required 1 and such tentative
map or preliminary parcel map shall be subu:tit.ted and processed in
accordance with the provisions of the Subdivision l1ap Act and this
title and shall be subject to such conditions which would otherwise
apply.
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CHAPTER 21.12
TENTATIVE MAPS AND PRELIMINARY PARCEL MAP~
Sections:
21. 12.010
21. 12.020
21.12.030
21. 12. Olt.O
21.12.050
21.12,060
21.12. 070
21. 12. 080
l'"'lling of tentative map
Preliminary title report
Size and scale
Information to be shown on tentative map
Subdivide.-r' s statement
Preliminary copy of res trict:i.ve covenants
Preliminary soil report
Date of filing
21.12. 090 Action on tentative and preliminary parcel maps
21.12.100 Merger ~nd resubdiviaion
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CHAPTER 21.12
TENTATIVE MAPS AND ~REL!J'UNAR.Y PARCEL MAPS
21.12.010 Filing of tentative map. The Director of Planning
shall specify the number of copies of the tentative map which shall
be requi~ed. Those copies together with any additional data required,
shall be filed with the Director of Plann{ng. Tentative maps shall be
prepared in accordance with the Subdivision Map Act and the pro ...
v:tsiorts of this title. Except as otherwise required, all requirements
for tentative maps set forth ln this chapter shall be applicable to
pr.elimina:ry parcel maps.
21.12. 020 ~t,mj.na·.r_y .rJ.tle reEort. The tentative map shall
be accompanied by a current preliminary title report for the
prope·rty bel.ng subdivided.
21,12.030 Size and scale. -............ .. Tentative roaps shall be 18 x 26
inch.es in size and to a scale of one inch equal to not more than
one hundred feet, except that the Director of Planning may allow
the use of a smaller scale where the te~rain or size of the sub~
division necessitate such smaller scale.
21.12.040 Information to be shown on tenta.t;.,Y~_!!l~. A
tentative tnap shall contain the following infonuaticin:
(a} Tract name or number, date, north point, scale and
sutf:t.c:tent descripticm to define the location and boundaries o£
the proposed tract;
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(b) Key map showing adjacent property, subdivision, roads
or streets in subdivisions;
(c} Na."'\le and address of record owner or owners, name and.
add-ress of the subdi.vider, and name and Bus:f.ness address of the
person \-7ho prepared the tentative ·map;
(d) Acrc~a.ge o.f. the proposed tract to th€ nearest tenth of
an acre;
(e) Average axea of each of the lots proposed to be created;
(.f) Number of lot::?7 average lot sizet and size of smallest
lot in tracti
(~) Sufficient elevations or contours to determine the
general slope of the land~ the high and lm¥ points thereof, and
all drainage features;
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(h) The locations, names, existing widths, slope and a.pproxi~
mate grade of all existing streets and alleys :tn the proposed sub~
diytsion, abutting or contiguous to the proposed subdivisi.on;
(;l} The locations, names, widths, slope and appt'oximate grade
of all streets and alleys p'X'oposed to be construe ted, widened, im ....
proved ox· dedicated within, abutting or con tigu.ous to the propo~ed
subdivision;
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U) Typical cross-sections of all streets and alleys to be
constructed, widened, improved or dedicated;
(k) Plan and profile features of all streets and alleys within
within the proposed subdivision;
(1) Locations, widths and pur.poses of all existing and pro..,
posed easements;
(~) Locations, size and character of all existing pipelines
and related structures, and all other public utilities, ~howing
the ground elevation and flow line elevations at the connection
to f.Qristing pipelines, and all building and use restric.tlons
applicable to any easements;
(_n) Lot layout and approximate dimensions of ~ach l<;>t to
the nearest foot. Each lot shall be nlml.bered,
(o) Dimensions and locations of any existing buildings.
The tentative map shall indicate which, if any, of the existing
buildings at"e to remain on the property and their proposed location
if any are to be moved.
(p) Approximate boundaries of areas subject to inundation of
~'t01.'Tll ~-ater ovet:flow and the location, width and direction of flow
of all watercourses;
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(q) All water well.s.
(r) Proposed public areas, if any.
(s) Location of wuode.d areas, tree masses and other signifi-
cant landscape features.
21. 12. 0 50. Subdivider: s ~.ta temEmt_:. Subdivider.~ s s ta tem~mt
shall . .appear. upon, or accompany t the tentative map and shall contain
the fo llOh'ing i.nforma tion:
(a) Existing use ot· uses and zone district or districts
of the proPerty;
(b) Proposed use or uses of the property,
(c) Statement of the improvements and public utilities pro
posed to be made or installed, and of the time at which such im-
provements are proposed to be completed;
(d) Provision for sewerage and s.ewage: d;tsposal;
(e) ~ublic a~eas proposed;
(f} Tree planting proposed; including an indication of any
existing trees to be removed or left in place;
(g) Proposed street lighting or any outdoor lighting;
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(h) E.xis ting res t:rictive covenants, leases) r:i.Bhts -of ..... .-1ay,
licenses and encumbrances affecting the use of the land;
I') \..~ A statement re8arding the compliance of the subdivision
'ld. th those app 1 icab le e le.men ts of the Palo Alto Comprehensive Plan,
or the manner in ~ .. ·hich such carnplian~e w:tll 'Oe attained~ ltJhen
:t·e.levHnt and not othe:nrise ascertainable f:com the te.ntative map or
other contents of the subdivider's Dtatements. Such information
shall include, but not he U.mited to, a statement of ho~l the housing
pol'i<:ies of the. Palo Alto Comprehensive plan will be met;
U) Justifications and reasons for any requested exceptions
to provisions of this ~itle;
(k) Any additional information regarding the subdivision as
may be dr.-~rned necer.sar)'' by the Director of Planning.
21.12.060 Preliminary copy of restrictive covenants. A
preliminary copy of any restrictive covenants propo.sed shall be.
filed with the tentative map.
21~12.070 Preliminary soll report. A preliminary soil re
port ba . .sed on adequate test borings or excavations and pt'epa'X'ed
oy a civil engineer who is registered By the State of California
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shall be filed with the tentative map, unless the City Engineer
determines that based on his knowledge of the soil qualities of the
subdivision, no preliminary analysis is necessary.
If the prRlirninary soil report indicates the presence of
c:rit.lcally e...'V,.Pil.nsivc soils or ether soil p1:ohlems, Hhich if not . \
corrected ~·muld 1c<'1d to structurHl defects 1 the City Engineer may
require a soil :Lnvestigation of each lot. The soil investigation
--·h"'J 1 l)"' n·L•.ap·~•·od h•r '' r-~v"l i:' ~ .. , .. ~ '-' ~ ~; ~~""' \,..o -· ~ ..... } \.of -· .l.. ..L.. engLneer ~\·ho ia registered by the
State. The soil investigation shall incl\1de a report which
rec0!11fllends corrective action likely to prevent structural damage
to dwellings, roads t or other. public ¥rorks to be constructed.
A subdivision 1 or portion thereof, may be approved where such
soils problems exist if it is determined that the recommended
corrective action is l:f.kely to prevent structural damage to each
Btructure to be constructed. Any building permit issued for such
struc~ures may be conditioned upon incorporation of the recommended
corrective action in the constrJction of each structure.
Nothing contained ir:t. this section shall be deemed to limit
the authority of the Building Officlal to require geologic, soils,
and engineering data and mitigation mea!ures pursuant to Secti.on
18,88.150of this Code.
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21,12,080 Date of filina. The Director. of Plannins shall
re:v:tew all tentative map applications to determine whether all
necessary information has been 8\lbm:ttted. Within thirty days
of ·receipt o£ any tentative map, The Directot' c.f Planning shall
give written notice to the applicant indicating pursuant to Govern ..
me.nt Code Section 65943 whether the application is complete. Any
parts which a:r~ incomplete shall be spec if:ieJ and the mann!.~r l.n
which they can be made complete shall b~ indicate'\d, In th-e case
of any subdivision wh'ich requires the preparation of an environ
mental impact :rt~port pursuant to th~: California r~nviron .. "n.ental
Qual!ty Act, n.o applicaticn shall be deemed complete until the
initial decisionmaker has ce:ctified the environmental impac..~t
report to be adequate and prepared in compliance with th~
Cal:tfot·nia Environme.ntal Quality Act. For the purposes of the
Subdivision Map Act. this title and Chapter 4.5 of Division 1,
Title 7 of the Government Code~ the. date upon which notice is
gi'Ven to the applicant that the application is complete shall
be deemed the date of filing of the application; provided, however~
that if, at any stage of the processing ~p. a decisionruak~r
determines that an environmental impact report is required~ the
date of filing shall be revised to the date upon which that
environmental impact -report or supplemental environmental impact
report is certified by a decisionmaker.
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21,12. 090 Action on tentative _llnd prelminary l?ar~e 1 ma,es.
(a) Staff review. Upon receipt of a tentative map or preliminary
parcel map, the Director of Planning shall transmit copies to the
City Engineer, Chief Building Official~ Director of Utilities,
Chief of Police, Fire Chief, Director of Transportation, and such
other departments of the city, and any other agencies, aB may be
requ:t.red by law 01' deemed app1:-o1:>r ia te. Each i nvo 1 ved city department
shall promptly inform th~.:~ Director of Plc<.nning of any a.rfu1s of the
application whi<'.h are .incomplete. Not later !:h;m ten days after
issuance of a notice of corrtpleteness by the Director 0f Planning e<H~h
such department shall submit: to the Director of Planning .a written
report containing each Department's d~terrnination of whether the
proposed subdivision complies with all applicable provisions of law
and the requirements of that department, and any departmental recom
me.ndation concerning the proposed subdivision.
(b) R~orts to Pl~nning C~ission. In the case of a tenta-
tive map the Director of Planning shall make a written report to
the Planning Cormnissionr incorporating thereii.1 the recomnendat:ions
of all other departments and agencies concerned. The report shall
contain a 1:ecommendatj.on of the Director of Planning recommendinB
approval) denial, or. approval with conditions, of the tentative
map, the findings and grounds for such recommendation, and such
other information as the Director of Planning may de-.•. n relevant.
Said recommendation and any subse.quent recommendations or actions
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by t.he Director of Planning, the Planning Commission and the City
Council approving, conditionally approvi!\g, or denying sny tentative
map or p·rt'd.iu\inary parcel map shall be haH!d upon a d~~tr:rmination by
the acting body whether the proposed subdivision complie.s and i.s
consistent with the provisions of the Subdivision Map Act, this
title, the Palo Alto Comprehtmsi.ve Plan, including all eJ.exnents
thereof, and all other provisions of t:he Palo Alto Hunicipal Code:
and state law, including but not limited to Section 66473.5 and
6647ll of the Govermllent Code, Any approval of a tentat:L· .. n~ map or
preliminary parcel map may be made subject to such conditions as
are deemed reasonably necessary to insure compliance with those pro
visions. Such conditions may includet but shall not be limited to,
required ded:i.cations and improvements, measures required to mitigate
the environmental, safety, traffic, and other detrimental impacts
of the subdivision, and such other conditions as may be required to
insure compliance with all policies, objectives and goaLs of the
Palo Alto Comprehensive Pla.rl.
(c) Action b;y P~anning Commis.!.!.2!!· 'Within fifty days of the
filing date of a tentative map the Planning Commission shall hold
a publi~Z hearing at either a regular or special meeting of the
Planning Commission and thereafter shall recOiml'l.e:'ld to the City
Council approval, conditional ap~roval. or den.i..al of the map, and
any conditions upon which such approval should bf..~ granted. The
Planning Commission's recoramendation shall include the grounds and
findings upon which its recomm.endf!.tion 1s based. Such fifty day
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period may be extended by mutual consent of the Planni.ng Commission
and the applicant. The applicant's consent to such an extension
shall be prest.uued unless the applicant shall make timely object .ion
thereto within the fifty-day period or at the time the matter is con
tinued beyond su~h p~riod.
(.d) !}_s~tiog_p~tL,_c;oun~il. Except whe1·e a time extension is
mutually consented to by the City Council and the applicant, or the
applicant'~~ consent to an extension is presumed a.s set out ~hove,
within the time limits prescribe(' by the Subdivi.s ion Hap Act, the
City Council shall approve, conditionally approve, or disapprove the
tentative map. Prior to tak:i.ng such action, the City Council shall
hold a public hearing at either a regular or special meeting of the
Council.
(e) Action on £T.eliminary parcel~~~· Subject to the appeal
procedures of thia title, the Director of Planning ~hall approve,
conditionally approve, or deny any preliminary parcel map filed.
'The Dirac tor of Planning shall take such action \vi thin fifty days
of the date of filing, unle.2s extended by the mutual consent of
the Director of Planning and the applicant. Prio·r to taking any
s·u.ch action, the Director of Planning shall hold a public hearing at
which any interested person shall be. allowed to present testimony
regarding the preliminary parcel map.
(.f) No!ice of h~aring. Notice of the t:i.me and place of any
hea1:ing ~equit:ed by subsections (c), (d). 'r (e) above, and the
purpose thereof shall be given by publication once in a local news-
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paper of general circulation not less than ten days prior to the date
of the hearing. Written notice of such hearing shall also be mailed,
a.t least ten days prior to the date of the hearing. to each owner of
reeord of property wit:bin 76.2 meters (250 feet) of the boundary of
the pr.ope_·ty sought to b~ sutdivided. Neither failure of any person
to recej.ve any notice required hereunder, no:r faihtre to strictly com
ply with the provisions hereof shall in.valida.tc any proceedings under
this chapter.
The notice of public hearing shall contain the following:
(1) A statement of the general location of the property involved;
(2) A statement of the time, place, and purpose of the hearing;
(3) Reference to the application on file for particulars; and
(4) A statement that: any interested person, or agent thereof,
may appear and be heard.
In addition to any '.')ther information required~ the applicant shall
submit with its application a list of all owners of the property to be
subdivided aa shown on the latest equalized tax roll.
21.12.100 Merger and resu.>division. Subdivided lands may be
merged and resubdivided wit.ho\\t first reverting the acreage so long
as all requirements of the Subdivision Map Act and this title are com
plied with. Such application shall be filed and processed in the same
fashion as a subdivision. Recordation of the final or parcel map shall
constitute legal merging of the sepa.rate pat·cels into one parcel and
the r.~subdivi.sivn ~f such parce.l. Any unused fees, deposits, or security
previously made or posted pertaining to the property shall be credited
pro r.a ta toward any requirements for the same pu't'poses which are. appli
cable at the time o~ the resubdivision.
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CHAPTER 21..16
FINAL AND PARCEL MAPS
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21. 16. 010 Submission of final ¥P, suhrni!3E2E. of EaE_~el mal?.·
(a) W:t thin one year nfter approval or cond:i.t:f .. onal approval of a
tentat:I.ve map, o1.· a preliminary parcel map, the subdivider shall
cause. the. subdivision or any part thereof to he sut:veyed 1 and a
final map or a parcel map, as specified in Chapter 21 .. 08~ to be
prepared in conformance. "#ith the tentative map or prelirrdnary parcel
map as approved or conditionally approved, and in compliance with the
provi.sions of the Subdivision 11a.p Act and this title and subn1itted
to the City Engineer.
Notwithstanding the foregoing time limitations_ in the event
that a combined environme.ntal impact report-environmental impact
statement is being prepared on a development project as defined in
Section 65928 of the Government Code pursuant to Section 21083.6
of the Public Resources Code, the City Council~ if functioning as
a lead agency as defined in Section 6.5929 of the Go·vernment Code
nu1y watve the base time limits. In any event, the City Counc :tl
shall approve or disapprove such development project within siJ~ty
days after the combined environmental impact report-environmental
:tmpa.ct statement has been completed and adopted.
(b). An extertaiolt of time may be granted by the Director of
Planning in the case. of a prelim'lnary parcel -map and by the City
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21.16. 220 Final and _parcel maps -approval~ agrec~me.nt for
improvements, conditions
21.16.230 Final and parcel maps -approval -agreement for
improvements -security bonds
21.16.240 Final map-approval by City Council, submitted
to City Clerk
21.16.250 Final and parcel maps -approval und recording.
affect
21. 16. 260 Coordinated efforts of city .~.md county
21.16.270 Reversion to acreage
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Council after re.co:mmendation of. the l?la.nning Commission in the
case of a tentative map, upon the written. application of the sub
divider w·ithin one year of the approval or conditional approval
of the tentative map or p:relitninar·y par.:cel map o·r prior to the expira
tion of any previous extension granted underneath thj.s subsection.
Such e.xtension shall be subject to the t.naximum lim:ttation.s set forth
in the Subdivi~ion Hap Act.
(c) All. conditions of approval of the tentattve or.prelimi
nat'y parcel map shall be fulfilled prior to ar>proval of a final
map or parcel map, except those conditions which are fulfilled
by the filing of an agreement to perform those condit:i.ons Cl.s
specified in this title.
(d} Unless a final map or parcel map is filed, and all
conditions of approval are fulfilled within said one-year period,
or such extension as may be granted~ the tentative or preliminary
parcel map shall expire and all p"I·oceedings shall terminate.
Thereafter, no final or parcel map shall be filed without first
processing a tentative or preliminary parcel map.
(e} All streets, highways and other public ways, and all
other easements, dedication of access rights or areas required or
offered for public use and dedication shall be shewn on the final
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or pal.'cel map and such dedications or offeh'S to dedicate sh.a.ll be
made by certificate on the final or parcel map unless otherwise
:t:equ:t.rerl by thJ.s title o:r by the conditions of approval of the
tentative or preliminary parcel map, In the case of a parcel
map, thE:~ Director of l')lanning shall be authorized to accept any
offers of dedication on behalf' of the City. The City may require
a~ a condition of a.ppro-'/al that a fee interest tn any areas dedi
cated for street purposes be conveyed to the City by deed.
(f) Tracings and an additional number of prints of the £inal
or. parcel map as detennined by the Directc~r of Planning which
conform to the requirements of the law shall be submitted to the
Director of Planning.
21. 16! 020 Documents accompp.nyinB :einat OE_,.Ea.rcel ma~. Th.e
subdivider shall submit with the final map or the parcel map all
of the following:
(1) With each dedication or offer of de.dication f;o-,: the
public usc, a pr.2!li.minary title report issued by a title insurance
company) in the name of the record owner, issued to or for. the
benefit and protection of the Ctty, showing all parties whose con
sent is necessary and their :i.nteres t therei.n.
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(_2) The instrument prohibiting the 1:ight of ingTess or
eeress a.cross real or side lot lines as may be required by Section
21.20.100 of this title.
(3) The calculation and traverse sheets used in. computing the
distance, angle~ and cou:rses shown on the final or parcel map and
the ties to exist:i.ng and proposed monumentst
(_4) Two copies of any proposed declara.tions of restrictions.
(5) The reports, r~~commendations J conditions, and findings
required under 21.12.070 of this title concerning soils re ..
ports and soils investigations.
(6) Construction plans and specifications and cost estimates
for required and proposed improvements including all test data,
calculations and reports necessary to support all design conditions
or criteri.n;
(7) Any other documents~ certifications, or instruments
necessary to fulfill requirements imposed at the time the tentative
map was approved or conditionally approved,
21.16. 030 K~x map a~ le~n.d. When the final map or pa:r.ce.l
map consi•Jts of two or more sheets, except sheets showing only
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certificates and simi la t' text t a key 1'1&p sho~ving the relation
of the. sheets shall beplaced on the fi.rst sheet. Every shee.t shall
bea.·r the sctllt.'~, nc,ct:h point, legend, sheet number, and m.unbe·r of
she e. t s corr:pr i.fl ing the map.
2l,l6.0:VJ §un:gx.· Hl1.enever the Cit.;y· Enginee.r h.a;; established
a system of coordinate.'S, the survey shall be tied into such system.
The map shall shm~ cleal7ly what s tf.\kes, monuments~ or other evidences
were found on the grm .. \nd to determine t.he 'boundary of the tract.
The corners of all adjoining ):ecorde.d subdivisions shall be iden ..
tified by lot and block numbers, tract name and place of record,
or other proper designation.
21.16, 050 Contents of fin2-l and parcel maEL-a.rea. The map
shall indicate the acreage of each lot, to the nearest thousandth
of an acre.
2l.lG. 060 Block numbers. Block numbers shall begin "N'ith the
number Honen or letter na." continuing consecutively without omission
or duplication tlu-oughout the tract. The numbers or letters shall
be solld and of sufficient size and thi.ckness to stand out.. and
shall be so placed as not to obliterate any fi.gu.re and shall not
be enclosed in any design. Each block in its entirety shall be
shown on one sheet. ~fu.ere adjoining blocks appear on separate
sheets, the street adjoining both blocks shall te shown on both
streets c~plete with monument line and property line data.
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21.16,070 Border. The boundary of the tract shall be desig··
nated by a distinctive Border. Such border shall not interfere
with the J.cg5. bi 1 i ty of figu1~es or other cia ta,
21.16,080 Certificates. A final map or parcel map shall
contain those certificates required by the Subdivision Map Act.
In addition, a firtal or parcel map shall contain a certificate for
approval by the Director of Planning. Ir1 the case of a parcel map
where dedications are required, the Director of Planning is authorized
to accept such dedications and an appropriate certificate shall be
included for signature by the Director of Planning.
21.16.090 City boundary lines. City boundary lines crossing
or abutting the subdivision shall be clearly designated and
referenced,
21.16,100 Easements. The map shall show the side lines of
all easements to which the lots are subject. Easements shall be
labeled clearly and identifi.ed. If any easement i::: not of record,
a stat~ent of such easement must appear on the title sheet. Ease~
ments for storm drains, sewers, and other purposes 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
locate the easement definitely with respect to the subdivi.sion
ntUSt be shown.
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21.16, llCJ Hit"Zhwater line, The map shall show the line of
high water if the subdivision or any part thereof is adjacent to
~· 'i . l ~· • , • a strenm .:'\nu; or an a.:;:-e.:.-;, or ar12<1s suo..fE·.cr to p~~r~.O<JJ.C 1.nnunaat1on
by flood waters.
21..16. 120 Land subjec:.r to inm;d~tion. If any portion of any
land 'N'ithin the boundary shown on any final map, pa.rcel map, or
record of survey map is subject to overflow, inundation, or. flood
hazard by storm waters, such fact and such portion shall he clearly
sho\'m on the final map or parcel map. Such portion shall be en~·
closed in a separate border on each sheet of the map upon which
such po~tion appears,
21, 16. 130 !:oot_ lines and bounday;y lines. Sufficient data
shall be shown to determine readily the bearing 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 sho~~ in feet and hundredths of feet. No
ditto marks shall be used. Bearings and distances of straight
lines and radii and arc length of cur.ves shall be shown.
21.16.140 Lot numbers. Lot numbers shall begin with the
number "one 11 shall shall continue consecutively through the block,
with no omissions or duplications.
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21.16,150 Monument line. h11enever the City Engitleer has
establish.ed the monument l:i.ne of a street or alley adjacent tG
or in the proposed subdivision, the maD shall shm·.' the date thac
all such monuments were established, shall indicate all such
mom .. onents found and shall refer such monuments to a field book or
map. The map shall state. if the points 1-re!'e :reset by ties.
21. 1.6, 160 Monuments, The map shclll sho'Y.~ the location and
description of all monuments found in making the survey of the
proposed stibdivis:t.on and shall include the bearing!! and distances
to such other existing monuments as reay be necessary to establish
each po1::tion of tb .. e proposed subdivision in relation to such
existing monuments.
21,16,170 Use of lots. The map shall define, d~lineate,
and designate particularly all lots intended for private purposes;
all parcels offered for dedication for any purpose) public or
private; and any private streets permitted under the provisions of
this title with all dimensions, boundaries, and courses clearly
shown and defined in e.very instance. Parcels offered for dedication
but not accepted shall be designated by letter; any private streets
shall be designated Hnot a public street.~~
21, 16, 180 ,Soj..).s repor~. When a sci ls report has been pre
pa:red, the date of t'epol.·t and the name of the e·.~gineer making the
report shall be recorded on the map.
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21,16,190 Streets and other .,Fi~hts ... of-way. The mom.tment end
sidelines of all streets, the total widths of all streets, the
widths of all the portions of such streets being dedicated, the
widths o.t e.:xisting dedications, the ~'idths each sidt:: of the monu--
ment lines, and the widths of any rights~of-way, including rail-
road rights .. o.f~,.ray, sh.all be sho~T'£1 on the map.
21.16,200 ~ddition,el_data. The map shall sho~~ also all
other data that is or 1uay be ~required by la.w.
?1 .. 16.~'10 F' 1 d 1 l b c· E i -_ ,I.pa ap_ parce .. mal's-approva. y 1.ty ng !~
!_nd Di:rec..t2.r of_.Jla~in,A. (a) Within twenty day~ after receipt of a
final or parcel map submitted, along with accompanying data and
docum.ents, which. map s'b..all have all certificates other than city
approvals fully executedp the City Eneineer shall examine the map
and accompanying materials to determine whether the final or parcel
map is substantially the same as the approved or conditionally
approved tentative or preliminary parcel map; wt~ther all pro
visions of the Subdivision Map Act~ this title and any other pro
visions of law applicable at the time of the approval of the
tentative ol? preliminary pa.rcel map have been met; whether all
applicable provisions of law governing the approval of final and
parcel maps have be~m :mflt; whether the final or parcel map is
technically correct; and whether all conditions of approval have
been 1net. Tfte Director of Planning shall also rev:tew the submitted
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map and accompanying materials to determi.ne whether all conditions
of approval have been met. In the event either the City
Engineer or the Director of Planning shall determine that any non~
compliance exists, they shall adv:LBe the subdivider of that non
compliance and the subdivider shall be afforded an oppor:tuni ty to
correct the map or fulfill any remaining conditions. The time for
review by the City Engineer. and Director of Planning shall be
automatically extended during any period during which th(;~ sub~
divider is attempting to con::ec.t the map or fulfill any sue h con
ditions, Unless the subdivi.der. informs the City Engineer that a
determination of 'pproval <Jr disapproval without further modificati,)n
ot the map or fulfillment of conditions is desired 1 it shall be pre..,
sumed that the subdividet· is attempting to correct those de.fects of
which notice was given.
Upon finally determining whether the map and accompanying
materials comply w:f. th the aforementioned s ta.ndards, the City
Engineer shall either execute the City Engineer's certificate on
the map or shall render written findings as to any noncompliance or
failure to fulf:i.lJ. condi.tions which prevent the execution of the
cert:t.ficate.
(b) In the case of a parcel map, the City Engineer shall for
ward the map either certified by the City Engineer or with a state ..
ment indicating the reasons such certification cannot be issued to
the Director of Planning. Based upon the report of the City Engineer
.. 40-
and upl!m the findings o.f the review by the Director of Planning,
within fifteen days after receipt of the map from th~ City EnBineer,
the Director of Planning shall make those dete.rmin.ations set forth
in subsect:i.on (a) above and shall either approve or dtsappro~· .:-the
pat"cel map. In the event of approval, the Director of Plamdng
shall cause the map, along ~lith any appropriate docum~nts J to be
recorded in the Office of the County Recorder. ln th~ event of
d:tsapproyal, written notice of the reasons therefor shall be gi.ven
to tfte subd:tvider!
(c) In the case of a final map, the Director of Planning
shall file the map either certified by the City Engineer and
Pire.ctor of Planning or with a statement ind.icat:ing the reasons
such certification cannot be issued, a.long with a recommendation
of approval ot· disapproval, to th<.! City Clerk for submittal to
the City Council. For the purpose o.f this section, sa.i.d certi
fication may be either upon the map or by report to the City
Council, with actual certification to be performed after approval
by the C:t.ty Council. Upon filing of such map, the City Clerk
shall place the item upon the agenda of the City Council .for
action in cornplis.nce with the provisions of the Stlbdivision Map
Act and for acceptance or rejection of any offers of dedication.
21, 16. 220 'fi:nal and 12arcel1naps ... apprwal, a~re:emen:t fo:r.
improvet;nentst cl!lnditions. (a) If at the time of approval of the
.. 41 ...
final map o~ the parcel map, any required improvements have not
been completed and accepted, as a, cond:tti.on precedent to the
approval of the final map tTr the parce.l map, the subdivider shall
execute and f:i:le wi.th the City Cle-rk an agreentent oetween the_sub·
divider and the City, pursuant t.o Section 6646~. of t11~ Government
~·--· ...... ' ~·~ ~-•.-... ......... ····-
Code, spec:tfy:tng the period within which the subdivider. sha.ll com.-
""'" -·~·:;· .......... plete all improvements and providing that if the subdivider shall
fail to complete such work within such period, the City may com ...
p lete such 1.mpravement w·ork and recover. the full cost and expense
thereof from the subdiv:td.er. Such agreements may provide that
such improvements 3ha,ll be completed prior to the issuance of a.ny
permits for the development of any of the parcels. Such asreement
shall also provide for the checking of improvement plans, the
inspection of all improvements by the City Engu1ee:r and the reim ...
bursement of the City for the cost of such checking and inspections.
Such agreement shall also provide that all improvements are subject
to approval by the City Engineer. Said agreement may also contain
such other provisions ,£'1-s may be permissible under law and deemed
necessary by the City. The substance and form of any such agreement
shall be subject to the approval of the City Man,q_ger and City
Attorney and said agreements shall be executed oy the City Manage.r
on behalf of the C:i.ty. Such agreements 'may provide for extensions
of time issued by the City Mana.!)er: upon recommendati.on of the
City Engineer,
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------------------------------------------------................................ ...
The. a.eJ:eeme.nt may also p;rov:lde to~ the t~'mtlinat~on of the
agreement upon the completion of proceedings under an assessment.
district act for the construction of imp-rovements deemed by the
City Engi.neer to he at least the equ:tvalent of the improvements
~pecif1~ed i.t1 such agreem(mt and :required to Be const-ructed by the
subd:i:v"ide:t',
Such ag'X.'eements and security shall be submitted to the City,
,eully-executed by subdivider prior to the approval of any final
or parcel ruap. No final or parcel map for which such an agree
ment is requi:r·ed shall be recorded prior. to receipt of said agree
ment and accompanying securi.ty. Said agreE:.'lllent shall be recorded
concurrently with the map.
21.16. 230 Final and parcel maps -appr.'oval -agreement for
f.!!lPI'.EV~ents -se~ut'ity bonds. Whenever the subdivider enters into
an agreement pursuant to Section 21.16.220 of this title. with such
agreement and at: a further condition of the approval of the final
or parcel map, the subdivider a hall file ~-1'ith the city adequate
secu·r:ity to guarantee full and faithful performance thereof. Such
security may be in any £orm specified in Chapter S of. the Sub
division :tiap Act and shall be in the followi.ng amounts:
(a} The a:mount of one hundred percent of the total estimated
coat of the improvement or of the act to Be performed, .including
.. 43-
•
cost of engineering, surveyi.ng and i.nspecti,on, as determined
by the City Eng:tneer, including an :tnflational'y factor based upon
the time for com.pletion> conditioned upon the faithful perfomance
of the act or a.g'l..-e.ement. In the event the subdividf':r elects to
furnish secu:ci ty in the form. of a. cash depo,git or other pledge of
cash, payable to the City upon demand without any condition-s pt:ecedent,
the City Manager m.'ly a.pprove a reduction in this amount of .security
guaranteeing performance By not more than fifty percent; provided
that the total of such cash deposlt guaranteeing both faithful
performance and payment of contractors, sul)cont7:ac.tor.s and materialmen
shall not be less than one hundred percent o£ the cost of imp·rove
ment and tbf:: whole of said deposit shall be available for use fox:
either purpose;
(b) An additlonal amount equal to fifty percent of the total
estimated cost of the improvement 1 as determined by the City
Engineer, including an inflationary fat:itor based upon the time for
completion, securing payment to the contractor, subcontractors and
to persons fu·rnishing labor, materials or equipment to them for
the ~provement or the performance of the required act;
(c} An amount to be determined by the City Engineer to
guarantee and warranty the work for a period of one year following
the completion and acceptance of the 'trork against any defective
lrork o-r laoo:r done, or defective 1!latel~ials furnis-hed;
•
(~} As a pal't of the obligation guat:anteed by the securlty
and in addition to the face amount of the security~ there shall
bf~ included costs and reasonable e,xpenses and fees> Including
r.e.asonable attto1.-neys fees, :tnc.urred by the City in stwcessfu.lly
enforcing the obligations secur.ed.
21.16. 240 Final map .... aE&.oval by Gi.ty C~::mcil, su.b~it!:_e_d to
Ci t~t Clerk. At the Cou.nc.il' s fi.rst regular meeting following its
receipt of the fina.s. map or within ten days of the filing of the
final map, whichever. is later, the C:i.ty Council shall consider
such map and any offers of dedication. The City Council may r-e ..
ject any or all offers of dedication. If the City Council shall
determine that the map meets the r.eq'.lirernents of the Map Act an<.l
this title, it shall approve the map and certify such approval on
th.e map. !t 111lv~.ll t.ransmi.t the map to the City Clerk. The Cj.ty
Council shall not disapprove a final map "rhen the failure of the
map is the result of' a technical and inadvertent er.ror ~rhi.ch, in
the opini-on of the City Council does not materially affect the
validity of the map~ provided that~ to the extent possible, the
map shall be corrected prior to recordation.
21. 16. 250 Final and E~rcel tna.Es. :-,approval_ !lEd recording,
~ffe~. No final or parcel map shall have any affect until approved
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•
under this title. No title to any p:r:ope~ty de$cribed in any offer
of d~?~d:t.cation shall be. conveyed until the -map has been recorded in
the office of the County Recorder,
2.1,16.260 Coordinated efforts of. cttv and countv. --~ ...,_ ... __ ....., __ ---.-~~-~--;:A.. If e.
-5~ubdi-v:i8ion :te partly in the city and partly in the county, the
County Su·1"'Veyor and the City Ene:~ineer ahall en·ter into an agree-
ment by and with the consent of thei"" respective gov~rning bodies
providinr; th.:~t either shall perf'.;rtn the. duties prescribed for the
City Engineer in this chapter, or providing for an apportionment
between them of such duties, When by such agreer:1t.O.t all such
duties devolve upon eithe.r the City Engineer or th..~ Cqunty Surveyor,
such officer shall per.form said duties. After performance thereof~
such officer shall certify to the performance of said duties on
the map. When by such agreement the duties are apportioned between
the County Surv·eyor and theCity EngineerJ each officer shall, after
the performance ther.eof, make. ·certification on said map, cover:Lng
the duties perfo't"'ned by each.
21.16. 270 Reversion to -~create. A reversion to acr.eage shall
be accOMplished in conformance with Chapter 6 of the Subdivision
Map Act. A parcel map may be filed for the p·urpose of reverting
to acreage la.nd previously subdivided and consisti.ng of four or
le.ss contiguous parcels under one ownership. In the event a rever ...
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sion to acre.age is accomplished by means of a parcel map) the
Dircctm: of Planning shall be the advisot'y agency and shall be
ernpowered to per:forr(l a 11 func t:ions of the legi:s lat:tve body unde.r
said Chapter 6. All m.aps filed for the purpose of reverti.ng land
to acreage sf'l.all be con~picuously so designated under the ti.tle
"The Purpos€' of thi~ Nap is a Reversion to Acreage.''~
CHAPTER 21.20
DESIGN
Sections:
21.20,010 Generally
21.20.020 Conformance to master plan and local law
21.20.030 Alleys
21.20.040 BoundarieG of subdivision
21.20.050 Divided lots
21.20. 060 Drainage
21.20.070 Easements
21.20.080 Interior lots with double frontage
Zl. 20.090 Land reserved fer public use
21.20.100 Lots
21.20.110 Nonaccess and planting strips
21.20.120 Service roads and off street parking
21.20.130 Side lot lines
21.20.140 Street names
21.20.150 Street name and traffic control signs
21..20.160 Streets and highways-conformance to master plan
21.20.170 Conformance to Council proceedings
21.20.180 Access strips
21.20.190 Alignment
21.20.200 Centerlines
21.20.210 G~ades
21.20.220 Intersection corner rounding
21.20.230 Turn around..s
21.20.240 Widths
21. 20. ~·so Walkways
21.20.260 Water courses
21.20.270 Local transit facilities
21. 20.280
21. 20. 290
21.20.300
21.20. 310
Bicycle paths
Required dedications
Preliminary parcel map -additional requirements
Solar re.quirements
•
C!V-J.>TER 21. 2 0
DESIGN
2l. 20,010 Gencra_ll_y. The prov i.sior.s of this chapt.<~r shall
govern the design of all subdivisions. The provisions of this
chapter shall be inco:rporated in any subdivision app1·ov~l unless
the City Council, or Director of Plannlng in the pre~
limi.nat:y parcel map, Bha.ll f:tnd th..at due to the particula1: cir
cumstances these design criteria are not n.:~c.essa.ry or that alte.r-
native designs are preferable; provided tP~t any modifications to
the lot size~ dimensions, location or configuration standards
shall only be made upon request for and approval of e.xceptions
to said standards. Design of all subdiv:i.sions shall include such
facilities for the handicapped as may be required by federal,
state or local law.
21. 20.020 Conformf!.nce to ma.stet• Elan and local law. J:n all
respects, subdivisions shall be consistent with the Palo Alto
Comprehensive Plan~ Subdivisions shall also conform with
any specific plan.. Subdivisions shall also conform with all other
provisions of law, including but not ltmited to, zoning. safety
and health codes~ The design of the subdivision or of improve~
-ments s-hall conform :Ln all respects to accepted standards of
engineering and shall be subject to the approval of the City
Engineer, Any subdivision may be approved subject to such addi~
tional design criteria or conditions as may oe necessary to insure
the public health~ safety, welfare and convenience.
•
21.20, 030 Al.leys. When any lots t~.re proposed for. cOTm'lercial
o:c industrial usage, alleys at least 20 .feet in width may be re-
quit'ed at the :t:ear theveof r,.ti:th f:'l,dequate ingress and egress for
t:l':tlck traffic.
21.20, 040 BgundarieJ3__9f ~___£,!visit2.D.~ Where possible the
e:xter±or boundaries of all subdivisions shall be to the cente.rline
of all streets and highways adjacent to said sul>divisicm unles~
such street or highway is not within the city l:Urd.t:s; in such a
case, the e:xterior boundary of the subdivision llrill coincide with
the city l:bn:tts. The subdivider sr..all be req-uired to dedicate to
the city all property within the city which i.s not owned by another
pubLic agency~ between the centerline and the proposed right-of-way
line of such street or highway as may be established by official
plan lines of the city or established by the comprehensive plan or
established by any master plan of streets and highways or any
specific plan. Any property between the centerline and the proposed
right-of-way line with another public jurisdiction shall be dedicated
to that jurisdiction. Such property shall be improved ox-the full
cost of making permanent improvements to the property shall be
deposited with the city as hereinafter prescr:f.bed.
21. 20.050 Divided lots, No lot shall be divided by a city
~......,....-
boundal!'y line,
• •
21.20.060 ~rainage. All lots shall be graded to drain to a
public street; but the City Engineer may require or allow alter~
native drainage patterns as may be reasonably rw:ces~.ary to avoid
excessive grading or grading which results ln a significant height
differential at any property line.
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21, 20., 070 f$'!J·~.i~.t.~, ~bl±c uti:_lity, sa;n~tary sewer, and
d't'a±nage easements shall oe provided i:n s-uc.h. locations and to such
widths as lttay be re.q1.1:t'red by the Di.recto'r.' of Utilities and City
Engineer.
21,20. 0!30. Inter.ior lots~!E!t_9QYble fr._onta.s._~, Interior
lots having dcruble frontage will not be approved.
21,20. 090 ~Dd -rese:;-ve.d for Eubli~-~~, The City Council
may, as a conditi.on of approval of any tentative map, require
the au'Bdiv"ider to reserve areas of real property for pa1·ks,
recreational facilities, fire stations, libraries, or other public
uses if such reservation would implement the Palo Alto comprehensive
plan or any adopted specific plan. Such reservations shall be
pursuant to Section 66479 et. seq. of the Govermnent Code.
21,20.100 Lots. ----The size and shape of lots shall conform
with any zoning regulations effective in the area of the
pT.oposed subdivisions and as shown on the zoning map. In addition,
rusidential lots on curv·ed or cul-de-sac streets shall have a
mtnDnam width at the building setback line of 60 feet, a minimum
average depth of 100 .feet, and a mi:ni.tmml area of 6000 square feet;
p~ovided that this requirement shall not be deemed to reduce any
more rest-rictive requirement contained in the zoning regulations .
... so-
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21 ( 20,110 No~ccss and Elanting ~rips. When a rear or
!ide lot line of a lot Borders en any street, the right of ingress
Qt' egress ma.y be prohibited to S1.lch let across such rear or side
lot li.ne, Dedicatton of .such access r:tgftts shall be made ~.:d.ther
on the map or by· aep&t'ate instrument sa tisfat".tory to thf..~ Ct ty
Attorney, ~lh..fm the :rear or side lot line of any lot borders any
:e':reeli.TS.y, state histh1ay, expressway~ or majm:· thoroughfare~ a
planting strip approve.d by thf:, Ctty Engineer may be required
adjacent to such freeway, highway, expressway, or major thoroughfare.
21. 20,120 Service roads and off street parkin~. When lots
proposed for commercial usage front on any expressway, arterial or
collector street. a service road to provide adequate ingress and
egress or in lieu thereof adjacent areas for public offstreet
pa-rkl.ng purposes may be requir,ed. When any lot proposed for
residential use fronts on any freeway, state highway, expressway,
or arte·r.ial ~ an improved service road may be required at the front
of such lot. In addition, adequate off street parking areas for
all lots proposed for commercial use <ihall oe required.
2l.20.J.30 Side lot lines. The side lot lines of all
lots, as far as practicable, shall be at rtgnt angles to straight
streets or radial to curved streets.
-s1 ...
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21. 2.0.t 140 · §J=$.e.e~~ pat~}.~-~ St'Jieet na;v}es wheth.er tor public o:r
pr~vate ~t~eets, require approv~l oy the City Council. No st~eet
name sfia.ll Be duplicated. No street name signs or other
hient:tf:tcat:ton shall be et"·ect<.~d show:tng any name other than that
approved by the City Ccmnci.l,
21,20~150 ~.et. ~~e .anft traff_i;__c cohtr.ol sfgns, All
street names shall be clear.ly sho~m upon siBnS approved by the
City Engineer. The City Engineer shall require traffic control
signal systemsJ signs, and mar.kings adequate to secure the ob
jectives of public safety and the Comprehensive Plan. The design
and installation of such systems, signs and markings shall be
subject to the approval of the City Engineer.
21,20, 16 0 Streets ·and hishways -confomance to mas·ter P,la.u.
The street design shall conform botJ't in wldth and alignment to any
master plan of streets approved by the City Council.
21,20.17 0 Conformance to Council ·:eroceedinS!._. The street
design snall conform to any proceedings affecting the subdivision
which may have been initiated by the City Council on. its own motion
or approved by the City Council upon initiation oy any other legally
constituted bodies of the city~ county, or state, If a parcel of
la.nd to be subdivided include$ a port:ton of· the l:i.ght ... of ... way to be
acquired fo% a ~:xreeway or expressway a.nd th.e City Council shall
determine the boundaries of the r:tght·of ... way to be acquired, such
r:lgh.t.-of ... way shall be shown on the tentative and final or parcel
~52~:
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21.20.180 Access. st:;:iEs. Reserve strips controlling the access
to puolic ways or -v1h:lch will not be taxable for special improvements~
shall be approved only if such strips are necessary for the
protection of the. public welfare or of sttbstantial property rights~
or both. The control and dioposal of the land compri.sing such
str.ips shall be placed vrithin the jurisdiction of the City under
conditions deemed sufficient by the City Attorney and approved by
the. City Council or Di.rector of Planning in the case of a
preliminary parcel rua.p.
21,20,190 Alignment. As far as p:t'acti<.~abl.e, the streets shall
be in alignment with existing adjacent streets by continuations
of the center lines thereof and by adjustments by curves.
21.20. 200 Center lines. Street cent.erlines shall intersect
one another at an angle aa near to a right angle as practicable
by tangents not less than 75 feet i"n length.
21,20,210 Grades. No freeway, expressway, arterial or col ...
lector street shall have a grade of more than 7%. No other str~et
shall have a grade of mot'e than 15'7.,.
2.1, 20,220 Int~ection .co:t'ner rounding. Hhen~yer any street
intersects any other street, the property lines at each block
corner thus formed shall bf:! rounded with a curve having a radius
-53-
• •
of not less than 10 feet. The. City Engineer may requi.re a greater
curve radius if streets intersect at other than right angles. This
section shall not apply at any intersection ~1ere there are no
building, s~tback requirememts.
21.20.230 Turnarounds. All dead end streets shall have a
ttu·n ai·ound with a minimum radius of 40 feet, except that where.
necessary to give access to or to permit a satisfactory future
subdivision of adjoining land, streets may extend to the boundary
of the property and the z·esul ting dead end atreets may be approved
without a turn around.
21.20.240 Widths. (1) Streets ahown in any master street
plan or affected by proceedings initiated or approved by the City
Council shall have widths as required by such plan or proceedings.
(.2} All other streets shall have ·right-of-way of the
following widths, except where. the City Council detennin.es thut the
topography or the ~all number of lots served and the probable
future traffic de:velopment are such as to justify a narrower width.
Increased widths may be required whe:r-~;r streets are to serve
nonresidential property, or where probable traffic conditions
warrant such increased widths:
(a} Freeway, expressway and arterials: 90 feet to
100 feet.
..54 ...
I
I
I
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• •• (b) Collector streets: 70 feet to 80 feet.
(c) Cul-de-sac streets, servi.ce roads or local streets
iti hillside areas where the City Engineer determines that the
lesser right-of-way is necessary because of topographical or other
conditions: Such right-of-way as directed by the City Engineer.
(d} All other cul~·de:-sac streets or se~ice roads 350
feet or less in length: 55 feet.
(e) All rJther cul-de-sac streets, set'Vice roads, or
local streets: 60 feet.
(f) Private streets; Such right ... of .. way as would be re
quired for a comparable public street;. unless s·ubd;tvider can demon ..
strate to the satisfaction of the City Council or Director of
Planning~ as appropriate, fact$ relating to the natu~e or location
of the proposed street or the natur.e of the proposed development
which render such right~of-way unnecessary for or detrimental to
the public health, safety or welfare.
21,20. 250 Walkway_[. Walkways through long blocks where
ne.cessa:ry to provide adequate public access to schools, pat:ks, or
ather areas may be required. 'l'he design and locations of such walk ...
ways shall be approved by the City Council~ or the D1.rector o·f
:t'la.nning in the case of a pre .. iminary parcel map.
21. 20,260 Water courses. A rig'ftt ... of-way for storu1 drainage
purposes shall be required and shall conform substantially with the
lines of any natural water course or channel, stream, or creek
-55-
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·-•
that traverses the subdivision. If a parcel of land t.o be sub
divided includes a portion of the right-of-way to be acquired for
flood control or drainage purposes and the City Council shall
detet"T!li.ne the boundaries of the. r:tght~of. ... way to be acquired, such
right-of .. way shall be shown on the tentative and final and parcel
maps and shall either be dedicated or withheld from the subdivision.
21 1 20.270 Local tranF.dt facilities. !f the subdivision as
shown en. the tentative map has a potential for 200 d¥.relling units
o:r-more if developed to the maximum density or contains 100 acres
or more and transit set~ices are or within a reasonable time will
be made available to such subdivision, local transit facilities,
such as bus turn outs, benches. shelters~ landing pads, or similar
items wh.ich directly benefit the :residents of such subdivis:f.on may
be required.
21.20.280 ~icycle paths. If the subdivision as shown on the
tentative map thereof contains 200 or mor.e parcels~ and the subdivider
is required to dedicate or offer t~ dedicate real property for
roadwaysr the subdivision shall also contain bicycle paths for the
use and safety of the residents of the subdivision.
21,20,290 R.equi:red dedications. In connection with the design
of any subdivision, the subdivider shall make such dedications and
improvements as are specified herein or in Chapters 21.24 and
21.28 of this Title.
·----~---~·-------
•
addition to the other requirements of this chapter, the standards
contained in this section she.ll be applicable to any subdivision
for \?hid:. a preliminary parcel map is required and is approved by
(l) All lots created by such division shall have frontage 1
equal to the minimum :ceq·uired by this Title, upon a street dedicated
as a public streett provided that the Director of Planning may approve
not more than one lot without such required frontage on a public
street, hereinafter referred to as a "flag lot," subjr -~t to the
following conditions:
(a) The flag lot shall be used only for single family
residential use~
(b) The rear lot shall meet all of the requirements of
the zone district within which it is located and, in addition,
shall have an area which exceeds the lot area requirem~nt of the
zone district by not less than twe.nty percent exclusive of any
portion of the lot used for access to a public street;
(c) Access to a public street for a flag lot shall not
be over an easetl.lent but over land under the same owner:ship as th~
flag lot.
~----~-----------------_,_ ___________________ _ • •
21. 20,310 §.2!!!E...E.!SUirements. All major subdivisions shall
provide~ to the extent feasible, for future passive or natural heating
or cooling opportunities in the subdivision.
-57 a-
CHAPTER 21. 24
DEDIC.ATIONS
Sections:
21.24.010 Required dedications
21.24.020 Dedication of improvements
', .. ~ • ~ : I ' .._ \ ' • ~ • '
CHAPTER 21.24
DEDICATIONS
----~--
21. 2[,~. 010 R~_C)!Ji:t·e~-~~icqtt£?e· The su.bdivider sh,'111 dedicate
or offer to dedicate to the City or otl~~ ap?ropriate public agency
up.;'n the final or par·~el map any and all rights-of-T.¥ay and easements
necessary for the layout, maintenance and operation of all public
improvements required or permitted under this title or by specific
t'equ.irement of the subdivision approval. Dedi~.:~ations sha} l also be
made pe"t:mitting or restric-r:ing use of certain property or rights as
required by this Title. All easements and rights-of-way shall be
the width specified in this Title or the specific approval and shall
be of sufficient size to meet the requirements of the purpose for
which they are dedice.ted. Required dedications shall include~ but
not be limited to:
(a) Easements for public utility, sanitary sew2r and drainage
purposes, and fo·r th~ overhead pole lines and anchors required
under this Title, 01:· as may be required by t:he Director of Utili ties.
Cbl. The impt'oved planting strips required under this title.
(c). The improved service roads a.nd/or the i:mproved parking
areas required by Section 21.20.110.
(d) The installed street name signs and traffic control
signals system, signsr and markings required under this title.
,. • • (e) The rights of way for public streets and alleys approved
under this title. Fee title to all public street rights-of-way
sl~ll be conveyed to the City by separate deed to be recorded with
the final or parcel map.
(:f) The rights-of-way for freeways, or expressways n:quired
to be aho'm on the tentative map under 21. 20. 160 of this title,
unless the subdivider withholds from the subdi.vish"n all the areas
included in such right-of-way.
(g) The rights-of-'i'my for storm d-raj.nage re.quired under this
titlE;!, unless the. subdi.vider withholds from the subdivision all
the area included in such ~ight~of-way.
(h) Bicycle paths :requit"ed or shown on the tentative or
preliminary parcel map.
(i) Transit facilities z·equired or ~hown on the tentative
or preli.:minary parcel map.
U) Dedication of acc2ss rights as required under this title.
21.24.020 Dedication of improvements. Whenever any dedication
for public :f.mprovements is required hereunder, such dedication shall
include not only such right·of~way and easement as is required for
said ~ .. mprovements, but also any such improvements constructed, in
stalled or erected by the subdivider.
-59-
•
Sections:
CHAPTER 21. 28
IMPROVEMENTS
•
21. 28.010
21.28. 020
21. 28. 030
Improve·ments required of all subdivisions
Standards for improv·ements
Submission and approval of plans prio~ to
improvement work
21.28.040 Inspection and approval of improvements, cost
of inspection
21.28. 050 Underground facilities, construction. pri.or to
street finishing
21. 28, 060 Specific improvements :r:equired -benchmarks
21.28.070 Curbs and gutters
21.28.080 Monuments
21. 28.090 Railroad crossings
21.28.100 Sewers
21.28.110 Sidewalks
21.28.120 Street lighting
21.28.130 Street trees
21.28.150 Water mains, fire hydrants, and gas mains
21.28.160 Street name and traffic control signs
21.28.170 Alleys
21.28.180 Planting strips
21.28.190 Service roads and off street parking
21. 28. 200
21.28' 210
21.28.21.0
21. 28' 230
21.28. 240
21.28.250
•
Unde:rgrounding of pubU.c utiliti.es
Storm drainage
,oJ',s.lkways
Bicycle paths
Local transit fac:tlitie:~
Other improvements
•
CHAPTER 21.28
IUPROVEMENTS
•
21.28. 010 ,!m:Qrov,~~s-~uized of all subdivis:i.ons~. The
improvements set forth in tl:tis chapter sh.all be t·equired of all
subdivisionR unless the City Council or Dire.ctor of 'Plarmi.ng, in
the case of a preli.minary parcel map~ shall find that due to the
part:f.cular circumstances of the subdivi.si.on said improvements are
not necessary, are not desirable, or that alternatives are desired
for the public health) safety and welfare. The subdivider shall
pay the expense of all required improvements.
21.28.020 Standards for i!Provement~. All improvements shall
be subject to the approval of the City Engineer and shall not be
less than those set forth in the "Standard Specifications of the
City of Palo Alto, 1' copies of which are on file in the office of
the City Engineer; except that the City Engineer may approve alternate
standards if conditions such as location, size, and terrain make
the application of suc"tt specifications unfeasible or undesirable
for th.e part:i.cular improvement, All improvetr4ents shall also be sub ..
ject to the standards of the Director of Utilities and Fire Chief.
The location of all improvements shall be subject tc the approval
of the City Engineer. All improve~~nts shall provid~ facilities
for the handicapped as required by federal, state or locai law.
-60-
• •
21,28,030 Submission~d approval of pl~!_Er.i2~o improvement
~rk. Plans and profiles for all lmprovement work shall be pre ...
pared in accordance with the r~quirements of the City Engineer. No
improvement work shall be commenced until such plans and the profiles
have been submitted to and approved by the City Engineer. The sub
divider shall be required to pa.y for the cost of checking such plans,
21,28, 040 !ns:eection and approval of imE~·ovements 1 cost of
i~£~_£E_io.n. All improvements shall be constructed under the in ..
spection of and subject to the approval of the City Engineer. The
subdivider shall pay the cost of such inspection.
21,28.050 Underground faciliti.es, construction prior to street
ft:nishin_g, All underground facilities and storm drains installed
in streets or alleys shall be constructed prior to the surfaci.ng of
such streets or alleys. Connections for all underground utilities
shall be laid to such lengths as the City Engineer determines neces
sary to avoid disturbing the. street or alley improvements when
service connections are made,
21. 28. 060 §.E_ecific improvements reguir.ed .. benchmark:<>, Per ..
manent and accurate benchmarks shall be established on the monument
or other approved location at each street intersection. Complete
field notes showing locations and elevations of all benchmarks and
mon~ents shall be filed with the City Engineer.
• •
21,28,070 Curbs ~nd gutters. Curbs and gutters shall be
installed to locations and grades approved by the Ci.ty Engineer.
Rrunps shall be provided for the handicapped in accordance with
state and local requirements.
21. 28.080 ~om..tme~.t!:.· Permanent pipe monuments and box.es
shall conform. to the. standards of the City. Pemanent pipe monu ...
ments shall be set at each boundary corner of the subdivision
along the exterior boundary lines at intervals of approximately
500 fe.et at the beginning of curves and ending of curves of
property line curves. Nont.\Jlents shall b~ set at intersect:i.ons of
all street monument line tangents and at both the beginning of
curves and ending of curves of all monument line curves. Complete
field notes showing permanent references or ties shall be filed
with the City Engineer. All monuments that are required to be set
shall be marked to conform with the provisions of Chapter 775 of
the Statutes of 1935 and all subsequent amendments thereto and
with the provisions of this title.
21.28.090 Rdilrof-\d crossings. Frovision shall be made for
all railroad crossi.ngs necessary to prov:tde acceHs or circuiati.:'ln
within the proposed subdivision, including the preparation of all
documents necessary for .1pplica.tion to the California State Publi.c
Utilities Commission for. t,he establishment and improvement of such
crossings.
~62-
• • 21.28.100 Sewers. Sanitary sewer facilities connecting with
the existing city sewer system shall be installed to serve each
lot and to grades and sizes approved by the City Engineer. The
location, grade and size of all sewers must he approved by the City
21.28.110 Sidewalks. Sidewalks shall be installed to locations,
grades: and "'·i'idtlls approved by the City Engineer.
21.28.120 .e.!: .. !!~.~.!: .. Jig~i_!l_g. Street lights sh-llll be installed.
21,28,130 Street trees. Approved street trees shall be pro~
vided and planted by the subd:tvi.der.
21,28.140 Streets. All streets shall be graded and surfaced
to widths and grades approved by the City r;nginee.r. All extensions
of subdivision "1treets to the intersecting paving line of any county
roadt city street, or state highway shall be improved.-
21. 28. 150 Water mai.ns, f~re hydrl!nts I _!lnd sas mains. Water
mains, fir~ hydrants, and gas mains connecting to the city system
shall be installe.d as required by the City Engineer, Fire Chie.£,
and Director of Utilities.
21,28,160 Street nmn~ and traffic wco?trol sign!· ·Street name
and traffic cont:r.ol signal systems, signs, and markings shall be
installed by the subdivider when required.
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• •
21.28,170 Alleys. All alleys shall be paved.
21.28,130 Plan~_ing ~~triEs.. All planting strips shall be
.lilndscaped.
21. 28. 190 ~~-:c:.vi.c.e roads and o.rf street EFkJM. All service
roads and off strN:.t parking areas shall be impro·v·ed.
21,28.200 !:!nder&EP~~of pu.PlJc utiU.ti.es. All public
utilities shall be installed underground.
21. 28.210 St~orm_drainage. Adequate storm drainage improve
ments shall be required, including out not limited to storm drain
sewers, structures for drainage, and access to such improvements for
service and/or public safety.
2lt 28,220 WalkwaE. Walkways shall be improved.
21.28.230 Bi.cycl;,e pa~hs. Bicycle paths shall be paved~
21.28. 240 Local transit facilities. Local transit facilities
shall be inrproved.
21.28.250 Other improv~~e~. Other improvements necessary
o-r convenient to insure conformity to or implementation of the
................. --------------------------~
• •
comprehensive p~.an or other loc.al ordinances and tc. insure the
public health, safety and welfare, shall be required. In addi.tion,
i.mprov~ents cutside of the subdivision ·may be required where such
inrprovements are r.s;quired for the gene·ral health, safety and
welfare and "''here r.:onditions necessitating such improvements are
cause or BBgxavated by the subdivision.
~6s'C':
• •
CHAPTER 21.32
CONDITIOHAL EXCEPTIONS
Sect ion-9i:
21.32.010 Application for exceptions
21.32.020 Justifications and findings, conditions
21.32.030 Minor subdivision
•
CHAPTER 21,32
CONDITIONAL EXCEPTIONS
•
2L 32.010 Application for €!~Ptf2~ A subdivider m.ay apply
for conditional exceptions to any of the requirements and regulations
set forth in this title. Such exceptions may be granted only by the
City Council after recormnendation by the: Planning CO'lllmission, Appli
cation for such exception shall be made by petition of the subdivider,
stating fully the grounds of the application and the facts relied
upun by the petitioner. Such petition shall be submitted with the
tentative o:r: preliminary parcel map for lvhich the e.xception is re
quested and shall be reviewed and processed concurrent with said
map.
21.32. 020 Justifications and_~ findings, con,ditio_As. (a) Ex
ceptions shall be granted only upon a fin'ding that the approval will
secu1·e substantially the objectives of the regulations or require
ments to which the exceptions are requested~ shall protect the public
h·1a.lth, safety~ convenience~ and the general welfare anrl shall be
consistent with and implement the policies and objectives of the
comprehensi.ve plan. Any approval of exceptions may be made upon
such conditions as are deemed necessary to secure such compliance.
(b) Exceptions shall be granted only upon making the fol
lowing findi.ngs:
-66-
• •
(1) There are special circtDstances or conditions
affecting the prope~ty.
(2) The exception is necessa:ry for the prer.;ervation ,:ind
enjoyment of a substantial property right of the petitioner.
(3) The granting of the ~;_~xce.pti.on v.·ill not be detrimental
to the public welfare or injurious to other property in the territory
in which the property is situated"
(4) The granting of the exception will not violate the
requirements, goals, policies, or spirit of the law.
(c) In the event an exception is granted~ any conditions
necessary to achieve the objectives of this title, the comprehensive
plan, or any provision of law shall be imposed.
21.32,030 Minor subdivision. The Director of Planning shall
.,..-.~ -...,._.............,.
not be authorized to grant any exceptions. In the event a petition
for exceptions is filed in conjunction with a tentative parcel
map. the Director of Planning shall not approve or disapprove the
map, but shall process said map and forward it to the Planning
Commission and City Council .for action as in the case of a tentative
map.
•
Sections:
21.36.010 Notice
CHAPTER 21.36
APPEALS
21. 36.020 Hearing before Planning Con:rnission
21.36,040 Action by City Council
21.36.040 Extension of time
•
CHAPTER 21.36
A~EALS
•
21.36, 010 ~tice. Any aggrieved person rnay appeal from the
decision rJf the Director of Planning in approvingt c.onditionally
approving or denying a preliminary parcel map or from any portion
or condition thereof. Such appea.l shall be taken to the City
Council; provided that prior to consideration of the appeal by the
City Council, the Planning CO!Ql:rrls s ion. acting as a.n adv:t.sory appeal
boa:rd, shall review the appeal and make its recommendations to the
Ci.ty Council. An appeal shall be commenced by filing a notice of
appeal with the Director of Planning. Such notice shall be filed
with:.tn fifteen days of the decision of the. Director of Planning
which is the S1Jbject of the appeal. An appe.al notice filed after
such fifteen day period shall not t.a processed. Any decision not
appealed within said time shall become final. The notice of appeal
shall set forth in detail the decision, or pvrtion thereof, appealed
and the grounds for the appeal. The notice of appeal shall be
accompanied by eighteen copies of the tentative parcel map.
21,36,020 l!earin.g_before Plannin_g G,C1Diliisslon. Within thirty
days after the filing of the notice of appeal, the J>lanning com ..
mission shall hold a hearing and consider the appeal. The Director
of l'lanning shall submit a written report to the PLanning Commission.
Within ten days after the conclusion of the hearing~ the Planning
Commission shall. make its recormnendation .. The Planning Commission
-68 ..
.......... --------------------------------------------···-~
• •
may recommend that the City Council sustain, modify, or overrule
the de.ciston of the Direc!tor of Planning, Said recommendation shall
be forwarded to the City Clerk for presentation to the City Council.
'' I
21, .'36, 030 6ftion_by City Council. L:r.he appeal shall be set
for a hearing before t:he City Council within thirty days aft:e.r
receipt of the ~lanning Gorrunission 1 s recommendation by the City
',j Clerk_t) Within seven days after the conclusion of the hearing the
City Counci.l shall render its decision and findings based upon the
testimony and documents produced before it or before the Planning
Commission, The City Council may sustain, modify, or overrule the
decision of the Director of Planni.ng based upon the provisions of
this title and the Subdivision Map Acto
21.36,040 Extension of time. -Any of the time limits con-
tained in this section, except the fifteen-day period for filing
a not{ce of appeal, may be extended by the mutual consent of the
appellant, the subdivider, and the agency before which the appeal
is pending.
...69-
• •
CHAP'i'ER 21.. 40
CONVER~!,ONS TO CONDOMINIUMS AHD OTHER COMMUNITY HOUSlli_Q.
se,~tions:
21.40.010 Purposes and find:t.nge
21.40.020 Definitions
21.40.030 Scope
21.40.040 Determination of vacancy rate and surplus
21.40. 050 Applicat:i..on for approval of tentative o-r
pr.ellminary parcel map for a project
21.40.060 Action upon project
' ' • • CHA!'TER :21,40
CONVERSIONS TO CONDOMINIUMS AND OTHER; COMMUNITY HOUSING
. --
21 ~ '•0. 010 ?ur.E..,oses .and ~!.,1)-'dings. (~) In order to provide
for the housing needs of all· economic segments of the community,
the City Council declares t:h.at the purposes of this chapter are
as follor,;s:
(1) To ins·ure a reasonable bBlemce of rental and owner ..
ship housing in the City in a variety of individual choi.ces of
tenure, type, price, and location of housing;
(2) To maintain the supply of rental housing for lo-v1
and moderate income persons and families;
(3) To reduca and avoid the displacement of long term
residents, particularly senior citizens and familiee with school
age children, who ·may be requir~d to move frO!l't the community due
to a shortage of replacement rental hou~ing;
(4) To implement the goals and policies of the housing
element of the compr-ehensive plan; and
(5) To fulfill the requirements imposed by state and
local ln.w.
-70-
•
(0) The Council finds and declares that when the number of
vacant apartments being offered for rent or lease in the City is
equal to o:r. less than three percent of the total number of such
dwelltng units offered for and under rental or lease a.greeme.nt
, .
in th.e City, a rental housing shortage e:xists which is inconsistent
w~.th the purposes of this chapter and with the declared goals and
objectives of the comprehensive plan and the. housing el~ment of the
comprehensi,?e plan.
(c) 1~e Council further finds that the conversion of eJ~isting
apartment buildings into community housing, such as condominiums,
planned developments, community apartment projects and stock co
operatives, diminishes supply of rental housing and displaces
residents and tends to require residents to move outside of the
City when a rental housing shortage exists.
(d) The Council further finds and declares that the Housing
Ele.ntent of the Palo Alto Comprehensive Ji'lan contains specific ob
ject.iv~s and policies relating to the conversion of e.'Kisting housing
to community housing and to the rental housing shortage and, there ..
fore, determines that in reviewing applications for 8uch conversions
the provisions of Sect:Lons 66473.5 and 664"14 shall apply.
21,40,020 Defin'i'tfons. ~--·-,;;.,;;,.,;,;,;:;,. For the purposes of this chapter,
the following definitions are adopted:
... 71-
' .
.-----------------------·---·-----------------------·----• •
(1) "Apartmentll: A d'~relling in a structure designed or used
to house t"t>.ro or more families living independently of each other.
(2) 11 Fa:;:ui1y 11 : Shall mean a family as defined in Title 18 of
this Code.
(.3) 0 Pr.oj ece'! A parcel of real prope.rty 1 including all
.structures thereon, all or part of which is rented or leased for
residential purposes and is proposed to be divided~ as land or
air space, :i.nto two or mor.e lots 1 parcels, units, or right of
exclusive occupancy.
(4) nvacancy deficiency": The number of vacant apartreent
units needed to raise the vacancy rate to three percent.
(5) ''Vacancy rate": The number of apartments being offered
for rent or lease in the City shown as a percentage of the total
number of apartments offered for or under rental or lease agreement
in theCity.
(6) "Vacancy surplusn: The number of apart1nents being
offered for rent or lease in excess of the three percent vacancy
rate.
-72-
• •
21.40.030 Scope. l?rojects aJ:"e subject to the provisions
this chapter, Nothing in thio chapte·r shall be :interp:r.e. ted to
e~ernpt any project fr.om theoperation of any other chapt.:r under
this tltle or. from the requirements of any other. statute,
o:rdinance r or regulation.
21, ttO. 040 petenninati'2.n o.~ _vacancY, rate _an,d.-~~ll."£~· In
I.
of
April and November of each year~ the Director. of Planning shall
detemine the vacancy rate and the vacancy surplus, if any. Ne~v
market prics:-cd rental units available to the general public, fo-r
which a certificate of use and occupancy has been issued since the
la!t vacancy sur..rey, shall be added on a unit .. for--unit basis either
to reduce the vacancy deficiency or to increase the vacancy surplus.
'I
21.40, 050 ~:e£!_ication for appr~val 9f tentative or :erelim"inaxx
E,arccl Ina£ -~or !__pr9jes_!:_. (a) No application for app~·oval of a
tentative or preliminary parcel map for a project shall be filed
unless there is a vacancy surplus as of the most recent determination
pursuant to this chapter.
(b) When there is a vacancy surplus as of the most recent
determination pursuant to this chapter, an application for approval
of a tentative or tentative parcel map for a project may be filed
with the Director of Planning if the number of lots, parcels, units,
or rights of exclusive occupancy in such proposed project does not
exceed the vacancy surplus by more than forty percent.
-73 ...
• •
(.c) ~\n application ~or approval o.f a tent$-.tive o;r: preliminary
pa!;"cel map for a project subject to the provisions· of this chapter
may be filed, regardless of whether there is a vacancy surplus, i.f
two~ t:h irds of a 11 ttw adult tenants lawfully in possess ion i.ndicate
a desire to convert such project to coml:'lunity housing.
s·,lch desires shall be indicated by the te:nants! signature. on a"
form ~'r'.ich contains the s tat€1Uent that the pr:oj ec.~t may be converted
to community housing :t£ tY.·o-thirds of all the adult tenants lawfully
J.n possession so desire. The form shall state that such tenant, by
signing said statement, irrevocably consents to such conversion.
Such form sr~ll also state that conversion may require the tenant
to find other housing and to relocate outside the City. The tenants~·
name and address shall be printed on such form. No other words or
provisions shall appear on such form. Any tenant occ.upying a unit
after the filing of such an application shall be informed in writing
o.f the pendency and consequences of the application prior to occupancy
or execution of any rental or lease agreement.
(d) In add:i.tion to the other requirements of this title, a
tentative or tentative parcel map for a project shall be accom
panied by the following information:
(l) Age and length of occupancy of every tenant and
occupany, including children, in the project on the date of appli ..
cation;
• • ' .
0) Current rents for each unit, including the date and
amount for the last t'W'O rental increasee;
(3) 'f'he approxiln.s.ce proposed sales pl~ice of each unit,
and the pro fo:r:-ma. budget proposed for submission to the real estate
commissioner or a s;L'1iilar e~timat£~ of projec.ted annual operating
and maintenance fees or. r1.sseesments; and
(4) Any other information which 1 in the opinion of the
Director o;f Planning, wlll assist in determining whether the p:ro-
posed pr.oject is consistent with the purposes of this chapte~ and
the Comprehensive Plan.
(5) Prior to approval of any tentative ox preliminary
parcel map for a project 1 the $Ubdivider shall provide written
evidence of coMpliance with Section 6§.427 .1. of the Government Code .
.-··
21,40.060 ~ion upon pr?j~~· In the event a vacancy surplus
exists~ _I1.t:'> .. m.ap for a project shall be approved or recommended for
.... ---~----...... ' ~-
approval if the number of lots, parcels, uni.ts~ or rights of ex ...
elusive occupancy proposed in suc.h project excee.ds the vacancy
surplus on the date of filing of the tentative or preliminary
parcel map for such project by more thar1 forty perc.ent unless the
~itten consent of two-thirds of the adult tenants is obtained
-75-
,• • •
as provided above. In addition to such other gro\.mds as provided
by law, no map for a project shali be approved 1)r recot.l'O'oended for
approval unless such project is cons5.st:ent ,.,vlth the purposes and
requirements of this cha.pte:r: t:h:i.s t.:Ltle, the compreh!;msive plan,
and other provisions of law,
-76 ...
Sections:
•
CHAPTER 21 , 44
CERTIFICATES OF COMPLIANCE
•
21.44.010 Certificate of compliance defined
21.44.020 Certificate of compliance in lieu of final
or parcel map
21. 44.0.30
21. 44.040
21. 44.050
21. 44.060
21. 44.070
Certificate of compliance to confirm lawful
status of property
Certificate of compliance to render lot confonning
Property description
Conditions
Fee
,.
. . •
CHAPTER 21. 4!t
CERTX?lCATES OF COMPLIA.NCE
•
2.1. 44 .. 010 Ce.T_t;i~i~~.of C>Jmplian<:e defin~~d. s\ e:en. ifi.c£\t:e
o£ c.rm1pliance is a document :Losued by tht_~ City Engineer for recorda~
tion stating, l"'?ith or wi.thout conditions. that a certain. lot or
lots described therein complies with the provisions of this title
and the Subdivision Map Act and is a la~..,.fully existing lot or.· lor.s.
A certificate of compliance may be issued for the follovdne purposes:
(a) A certificate of compliance shall be issued in lieu of
a parcel or final map in the case of a lot line adjustment pur
s-uant to Section 21.08. 060 and in the e.vent the requirement of a
parce.l map is waived pursuant to Section 2J. 08.070;
(b) A certif:i.cate of compliance shall be issued upon request
of a property own<:~r for property which has been divided in com
pliance with any ~~isting provisions of law regulating such
d1:visions or at a time when no such regulations were applicable,
and which presently constitutes lawfully exi.sting lot or lots; for
the purpose of establishing recorded evidence that the lot or lots
are lawfully existing; except that no certificate of compliance
shall be issued for any lots merged pursuant to section 21.04.040.
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• •
(c) A certif:tce.te of com..pli.a.nce may be issued
provisions set fo"rth below, for a lot not c-rea.ted in
with any existing p'l!'ovisions of law regulating such
order to establ:tsh such a. lot as la~;:fully existing.
subje,ct to
cornpli~nce
divir.ions ~
I
•
the
in
2.1. 44,020 ~!!g[ca.t:.e of _comElia_~~!J.L!!s;u _Ef final .. ££
p_a.rcel ma..P... !n the case of a lot line adjustment or minor sub
division for which the l'equi'r.ement of a parcel map has be.en waived~
the property owner may apply for the issuance of a cet·tificat:e of
compliance. Such application shall Be trulde within the time li!11its
spectfied for the filing of the otherwise required final or parcel
map. Prior to issuance of a certificate of compliance, the owner
shall fulfill all conditions of tentative or tentative parcel
map approval as would be required in the approval of a final or
parcel map. The issua.nce of such a certificate of compliance shall
be made upon such terms and conditions as ~uld be applicable were
a fi:nal or parcel map to be filed. Such terms and conditions shall
be stated in th.e certificate of cornplian~e.
21. 44.030 fe;:tificate_of =.ornp}..!J!nC.!.,,~~-£2!1,firm ljtwful s ta..~~
o~.t E..roper;y. Any property owner may requeet in writi.ng that the
City Engineer detenntne whether such property corrrplies and was
created in conformance with the title and the Subdivi~ion Map Act,
or was lawfully crea.ted prior to the applicability of such pro
visions. Upon maki,ng such a detet11\1nation, the City Engineer shall
-
·~
"·
.... I
issue and cause a certificate o.e compliance to be recorded with
the County Recorder. No such certiftcRte shall be issued for any
lots me:q~ed pursuant: to Sect ion 21, 04. Ol~O. Any pr.ope-rty 01¥IJ.er
rnakine ~1rppJ.:!:cation under thiR s~ction shall have the obligtttion of
furnishing to the City Engineer such evidence and documents as may
be reqtli·red to enable the City Eng:tneer to make the determinations
required hereunder,
2LlfL~.Ot+O Certificate £.! .. _c_pmpliapce .to~_E~nder ls?_t;_c;.9nfo2-"Ti1in_g_.
The m-rne:r of a lot created in vfo lation of this title, the Sub
division Map Act o~ any predecessor legialation governing the
division of land other than the person who created such violation
and any person who took title to the property with actual or con
struct:i:ve notice of such violations may apply for a certificate
of com.plia.nce in order to render that lot legal and in compliance
with this title and the Subdivision Map Act. Such application may
be processed only i,f the lot conforms with all pres~nt standards
contained in this title and title " .. 8 lv"itii ::::~g.-.:rd to lot size and
design. No application un.der thi.s section shall be processed unless
the applicant shall submit t.o the city a declaratic~l under penalty of
perjury that the applicant has attempted and been unable to obtain
the consent of the. other owners of property constituting the remainder
of the original pat"cel unlawfully d:tvicled, of which th.e applicant. • s
p~operty is aportion, for the filing of a subdivision application
for the entire p"roperty, In no event shall such a certificate o;f
compliance be issued if the applicant is the owner o:C the whole of
said original parcel.
....
As a pre:r;equ±s·ite to the ~tli:ng of an a.pplicati;on under this
section~ the applicant shall auBmit and apply fot' appro<Val o£' a
tentative parcel map as-provided :tn thts title) sho"..ving the lot
for wh:tch. a. ce.~tifi:c.at:e of compliance is requested,
I-n app7:oving ouch tentative parcel map or certificate of
cmnpl:tance ~ the Di:re~tor of Planning and City Engineez: may impose
such condit:l.ons a.s would have been applicable to the division of
the property at the t:tm.e the applicant acquired said applicant's
interest. Said conditions shall be reflected on the face of the
ce~tificate of compliance.
'·
/1
21. 44,050 Property de·script'ion. In addition to any other
requi·rements contained in this chapter~ a.ny person applying for a
certi.ftcate of compliance shall furnish to the City Engineer property
descriptions~ satisfactory to the City Engineer, and an area map,
for any lots which are the subject of the application.
21. 44.060 Conditions. The City Engi.neer may impose upon the
issuance of an.y ce.rtificate of compliance such conditions a.s are
requ:tred to :lnaure compliance with this title and the Subdivision
Map Act.
2~. 44.070 ~· !n every· instance where an application for a
certificate of compliance ts filed, a fee shall be charged as set
forth in the municipal fee schedule.