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Ordinance 1981-11ORDINANCE NO. 81-11 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 21 OF THE GILROY CITY CODE PERTAINING TO SUBDIVISIONS. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I: That attached hereto and incorporated herein by reference are amended Sections 21.1 to 21.108, inclusive, which are hereby adopted and shall constitute amended Chapter 21, SUBDIVISIONS AND LAND DEVELOPMENT, of the Gilroy City Code. SECTION II: Former Chapter 21, SUBDIVISIONS, and all other ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION III: This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 16th day of March, 1981, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NONE CUNNINGHAM APPROVED: ATTEST: ORDINANCE NO. 81-11 21.1 Subdivisi.ons and Land Development Article 1. In GeneralI Sec. 21.1. Definitions. For the purpose of this ch'apter, the following words and phrases are defined as follows: Advisory agency2: The Planning Commission of the city. Board of Supervisors: The Board of Supervisors of the county. City Engineer: Director of Public Works - City Engineer. County Surveyor. The County Engineer, if there is no County Surveyor. Design: Street alignment, grades, and widths; alignment and widths of easements and rights of way for drainage, sanitary sewers, Water, and public utilities, minimum lot area and width; and "DESIGN" as further defined in the Subdivision Map Act. Developer: ~ person, firm, corporation, partnershi~ or association 'who improves (or divides) or causes to be improved.~r divided) real property. Developer's Engineer: The registered'civil engineer or licensed 'land surveyor employed by the owner or the developer to prepare the necessary maps and plans for the development. Final Map: A map showing the division of land which is defined as a subdivision under the Subdivision Map Act prepared in accordance with the provisions of this chapter and the Subdivision Map Act, designed to be recorded in the Office of the County Recorder. Improvement: Only such street work and utilities to be installed, or agreed to be installed, by the developer on the land dedicated or to be dedicated for streets, highways, public ways, and easements, as are necessary for the general use of the lot owners in the development and local traffic and drainage needs, as a condition precedent to the approval and acceptance of the final map 'thereof. "Improvement" shall also mean such specific improvements or types of improvements the installation of which, either by the developer, by public utilities, or by a combination thereof, is necessary to insure conformity to or implementation of theGeneral and Specific Plans of the City. Owner: All persons having any prop~rietary interest in the land sought ~ developed to commence and maintain proceedings to develop the same under this chapter. Parcel Map: A map showing a subdivision for which a final map is not required under Section 66426 of the Subdivision Map Act. A parcel map shall be prepared in accordance with the provisions of this chapter and the Subdivision Map Act and shall be recorded in the Office of the County Recorder. Planned Unit Development (PUD): A land development which may or may not involve a subdivision or group of subdivisions with a plan of deve- lopment which would best be met by the PUD section of the city code rather than by conventional zoning. Each PUD is considered separately and on the approval of a PUD, the conditions placed thereon may in effect be a Modification of Regulations as provided for under Section 21.5 of this chapter. Preliminary Map: A sketch type map prepared for the purpose of deter- mining the economic feasibility of any plans the owner or developer may have for the development of their land and providing a means for the -1- general requirements of the city to be determined prior to the expense of actually preparing the tentative and final or parcel map. It is the purpose of preliminary map to enable the.owner or developer to avoid unnecessary expense, delay, and difficulties, by the early establish- ment of all general requirements. The preparer of a preliminary map need not be~a registered civil engineer or licemsed land surveyor. Roadway: That portion of a right of way for a street or alley intended to accomodate the movement and parking (if allowed) of vehicles. Subdivider: A person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided real property ~nto a subdivision for himself or for other except that employees and consultants of such persons or entities, acting in such capacity, are not "Subdividers". Subdivider's engineer: The registered civil engineer or licensed land surveyor employed by the owner or by the subdivider to prepare the necessary maps for the subdivision. Subdivision: The division, by any subdivider, of any unit or units of improved or unimproved land, or portion thereof, shown on the latest Equalized County Assessment Roll as a unit or as continguous units for the purpose of sale, lease, or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as conti~uous units, even if it is separated by roads, streets, utility easement or railroad rights-of- way. "Subdivision" includes a condominium project, as defined in the civil code or a community apartment project, as defined in the business and ~rofessions code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, "agricultural purposes" means "the cultivation of food or fiber or the grazing or pasturing of livestock". "Subdivision" as .further defined in the Subdivision Map Act. A subdivision creating five or more parcels shall require both a ten- tative and a final map except as permitted under Government Code, Section 66426 of the Subdivision Map Act. All other subdivisions shall require a parcel map. Tentative map: A map made by a registered civil engineer or licensed land surveyor for the purpose of showing the design of a proposed sub- division and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property. TRACT MAP: A form of a final map. Sec. 21.2. Land Development Committee The City of Gilroy Planning Commission shall Development Committee. constitute the Land Sec. 21.3. Applicability of "Subdivision Map"; scope of regulations Pursuant to the provisions of the Subdivison Map Act, and pursuant to any other regulations provided by law, the regulations hereinafter in this chapter contained shall apply to all subdivisions hereafter made, of land wholly or partially within the city and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act; and each subdivision and each part thereof lying within the city shall be made, and each map shall be prepared and presented for approval, as hereafter provided for and required. Sec. 21.4. Grading of buildin9 sites, etc. Grading of building sites and grading of any land within the City for any purpose, shall be done in accordance with the provision of that issue of Chapter 70 of the Uniform Building Code as it now exists or may hereafter be amended. -2- Sec. 21.5. Modification of regulations-recommendation by officer or department; necessits of impracticabilits, etc., of existing regulations; transmission to plannin9 commission Whenever, in the opinion of any officer or department under whose par- ticular .jurisdiction any regulation contained in this chapter comes, the land involved in a development is of such size or shape or is subject to such title limitations of record or is affected by such topographical loca- tion or conditions, or is to be devoted to such usage, that it is impossible or impractical in the particular case for the developer to con- form fully to such regulation, the officer or department may recommend such modification thereof as, in the opinion of the officer or department, is reasonably necessary or expedient; provided, that in the case of each modi- fication the officer or department shall first find that a special, indivi- dual reason makes the strict letter of the regulation impossible or impractical of observance and that the modification is in conformity with the spirit and purpose of the Subdivision Map Act and of this chapter; and provided, further, that the officer or department recommending a modifica- tion shall transmit to the Planning Commission his or its report in writing setting forth each modification recommended by the officer or department and the facts relied upon by him or it for the recommendation of the modi- fication. Sec. 21.6. Same - Approval by City Council; no modification of requirement of Subdivision Map Act permitted The City Council may, upon recommendation by the Planning Commission or in the exercise of its own judgment, approve such modification provided, however that no modification may be made to any requirement imposed by the Subdivision Map Act. Sec. 21.7. Right of appeal Wherever, by the provisions of this chapter, there is vested in the City Engineer or the City Planning Commission or any other city official, the duty or authority to determine any question of fact or the interpreta- tion of this chapter, or to perform a discretionary act, or to make a decision which depends upon a matter of opinion, there is hereby reserved to the aggrieved party, the right of appealing to the City Council before which a hearing shall be held upon the matter in dispute. Such hearing 'before the council on the matter in dispute shall be held within a period of thirty days and the decision of the City Council shall be~final. Sec. 21.8 Penalty Any offer to sell or to contract to sell or any sale or deed of con- veyance made contrary to the provisions of this chapter is an infraction. Nothing herein contained shall bar any legal, equitable or summary remedy to which the City or other political subdivision or any person may be entitled and the City or such other political subdivision or person may file a suit in the Superior Court of the County to restrain or enjoin any attempted or proposed subdivision or sale in violation of this chapter. Article II. Requirements for highways, streets, alleys and utilities Sec. 21.9 Design criteria for local streets Street widths, sections, grades, and alignments shall conform to stan- dards prepared by the Department of Public Works in conformance with coun- cil direction. Wherever possible, streets shall be laid out to provide maximum solar access for the building sites. Alternative widths, sections, grades and/or alignments may be used upon approval by the Planning Commission. The developer's engineer shall provide supportative data necessary, taking into account: Traffic volume and speed; the number and width of traffic lanes and bike paths; on-street and off-street parking; grades and sight distances; pedestrian safety; drainage, utilities, signals, streetlights and street tree needs; the effect of cut and fill slopes on the ease of access to the adjoining lots; possible maintenance problems; and provisions for turning or reversing the direction of travel. -3- Sec. 21.10 Local street standards Unless otherwise- proposed by the developer's engineer, recommended by the City Engineer, and approved by the Planning Commission, local streets shall conform to the following standards: (a) Collector streets and Streets serving more than twenty-four sing. l.e familS residences. The width of right-of-way for all collector streets, neighborhood entrance streets, gridiron plan streets, local streets serving more than twenty-four single family residences, and streets in areas to be used for other than one-family or two-family residences, shall be not less than sixty feet with a roadway width of not less than thirty-eight feet, except that in mountainous or hillside areas where the width of right of way and roadbed may be reduced to meet the conditions encountered at the discretion of the Planning Commission. (b) Lot access streets serving twenty-four or fewer single family lots. The width of right-of way for cu~-de-sacs or other ~oca~ streets designed and intended to serve as access for twenty-four one-family resi- dences or less, shall be not less than fifty-two feet with a five-foot wide tree planting easement together with a roadway width of not less than thirty-eight feet, except in mountainous or hillside areas where the width of right-of-way'and roadbed may be reduced to meet the conditions encoun- tered at the discretion of the Planning Commission. (c) Frontage road. The width of right-of-way for an interceptor street paralleling a ~ghway or a drainage channel shall be not less than thirty-seven feet with a roadway width of not less than thirty-two feet. The width of right-of-way outside the roadway and adjoining the lot lines shall be'not less than five feet. (d) CUL-DE-SACS. Turning circles at the end of cul-de-sac streets shall, have a roadway radius of not less than forty feet. Cul-de-sac streets shall serve no more than eighteen (18) single family dwelling units. Alternate designs for turning or reversing direction may be used in lieu' of the turning circle if approved by the Fire Chief and the Planning Commission. Midblock provisions for reversing direction of travel may be required of cul-de-sacs longer than 500 feet. Sec. 21.11 Highway standards The width of right-of-way and of roadway for highways and for industrial streets shall conform to widths established by the Planning Commission or as recommended by the .City Engineer and approved by the Planning Commission. Sec. 21.12 Alley standards New alleys shall have a right-of-way of at least twenty feet in width and shall be improved to a roadway width of at least twenty feet. When lots are proposed to be used for commercial purpose or for multiple residential use, not including two-family use., an alley of up to thirty feet in width may be required along the rear of such lots. Sec. 21.13 Block corner cut offs and corner property line returns At each intersection between two streets, the property lines shall be rounded with a curve having a radius of not less than twenty feet. At major collector streets, the City Engineer may require a larger radius. At each intersection between two alleys, the property lines shall be rounded with a curve having a radius of not less than ten feet or cut back by a diagonal straight line joining points at a distance of not less than ten feet along each property line from the normal point of intersection. At intersections between an alley and a street, the radius of cut back distance shall be not less than ten feet. -4- Sec. 21.14 Future streets as designated on final maps Whenever the Planning Commission shall have determined that a street is necessary for the future development of the property shown on the map or for adjoining property, but that the present dedication and construction of such street is not warranted, the Planning Commission may require that the locations, width and extent of such street shall be shown on the final map as a future street. The developer may be required to enter into a Deferred Improvement Agreement for any such future street improvements shown within the development boundary. Sec. 21.15 HighwaS and channel frontages Whenever it is proposed to subdivide property abutting or fronting on a highway or a drainage channel, a frontage road or an alley in the rear of such lots between such lots and the highway or channel may be required by the Planning Commission. Sec. 21.16 Double frontage lots; when permitted; requirement Unless otherwise approved by the Planning Commission by reason of spe- cial circumstances, lots for one-family and two-family use shall not be designed with frontage on two streets except at street intersections and except along highways. Double frontage lots with rear lot lines along a highway may be required to have a wall or fence constructed and access pro- hibited along such rear lot lines. The developer may also be required to dedicate and improve each street upon which the lots front. Sec. 21.17 Requirements for park!ng bays On streets where parking of automobiles.is prohibited along either or both sides of the normal roadway, parking bays may be required at con- venient locations or intervals outside the normal traffic lanes. Sec. 21.18 Bikeways Bikeways built to city standards on separate rights-of-way may be required by the City Engineer or Planning Commission. Sec. 21.19 Private roads Private roads are to be constructed, inspected, and maintained by the owner to City standards and requirements. Sec. 21.20 Requirement for pedestrian Ways; improvements with walks or ramps A pedestrian way may be required in blocks having a length greater than twelve hundred feet. Such pedestrian ways shall be improved with walks or ramps as approved by the City Engineer. Sec. 21.21 Intersection angles The angle of intersection between streets, or between a street and an alley, shall not vary more than twenty degrees from a right angle. Exceptions to this limit may be permitted upon recommendation of the Director of Public Works and approval by the Planning Commission. Sec. 21.22. Offset intersections Unless otherwise approved by the City Engineer and by the Planning Commission, the center lines of any two streets entering upon opposite sides of any certain street shall intersect the center line of that street at the same point, or at points separated by not less than one hundred feet. -5- Sec. 21.23. Grades The grades of highways, streets and alleys shall not be less than three tenths of a percent and not greater than fifteen percent unless otherwise approved by the City Engineer. Sec. 21.24. Sight distances Horizontal and vertical sight distances shall be not less than those recommended by the State Division of Highways Planning Manual. Sec. 21.25. Pavement standards ~ Roadways on streets, highways and alleys within and or adjacent to the development shall be paved to the minimum standards of the city except that if, in the~opinion of the City Engineer, the natural soil in the develop- ment is not sufficiently stable to support a minimum pavement, the deve- loper shall furnish soil tests and recommendations-made by a qualified soil-testing engineer as to the thickness of pavement and base material. Sec. 11.26. Required construction of curbs and gutters3 C~rbs and gutters shall be constructed on all streets and highways w~thi:n the development, except that in mountainous or hillside areas and on special scenic roads or highways, curbs and gutters may be omitted on one or both side(s) subject to the approval of the City Engineer and the Planning Commission. The developer shall stamp "S" mark for sewer and "W" mark for water on the face or top of curb or on a written post if there is no.curb over the location of each appropriate service lateral. 3 Sec. 21.27. Sidewalks within subdivision required; exception Sidewalks shall be constructed on all highways within the subdivision and on all local streets within the subdivision.except that in mountainous or hillside areas and on cer'tain cul-de-sacs and non-major streets, sidewalks may be omitted or may be .on only one side of the street or high- way, subject to the approval of the City Engineer and the Planning Commission. Whenever a sidewalk is not constructed on either side of the street or highway, a graded strip along one 'side of the roadway shall be provided for the use of pedestrians. Sec. 21.28. Improvements on streets and highways adjoining subdivisions Improvements conforming to the reqoirements specified in the preceding sections shall be constructed on the one half of any streets and highways adjoining the development. Sec. 21.29. Improvements on half streets and highways; cut or fill slopes alon~ subdivision boundars lines Improvements conforming to the requirements specified in the preceding sections shall be constructed on any half-streets or highways (to cen- terline plus ten (10) feet) within or adjacent to the development. If cut or fill slopes along the subdivision boundary line are found to be necessary, such slopes must be placed so that the property line will fall at the top of the bank which will exist upon the development of the site of higher elevation. A letter of permission from the owner of adjoining land to make the necessary cuts or fill slopes on his land will be accepted in lieu of an easement for such slopes. Land occupied by such cut or fill slopes within the subdivision shall be dedicated as "Slope Easements". Sec. 21.30. Requirements for culverts, storm drains and drainage structures Culverts, storm drains and drainage structures shall be constructed in, under or along streets, alleys and highways as required by the city engineer to prevent frequent and probable damage to streets or adjoining properties from storm water, or to prevent the frequent occurrence of a flow of storm water on streets of depth and velocity as to present a hazar- dous condition for moving vehicles and pedestrians, or to maintain the flow -6- of storm water in its natural channel. The term "frequent", as used in this section, is intended to designate a probable frequency of once in ten years or less, when averaged over a long period of one hundred years or more. Protection against erosion of natural channels or watercourse on adjoining property is not intended to be required unless the development affects drainage on such adjacent property. Sec. 21.31. Sewers4 Sanitary sewers with service connection laterals extending from the main to the property line shall be constructed to serve each lot within the proposed development. Sec. 21.32. Water facility ~equirements5 Necessary water mains, valves, fire hydrants and services with connec- tions to each lot within the development shall be constructed as required by the city. Service connections to each lot shall extend from the main to the meter location. Sec. 21.33. Street light requirements Standard street lights shall be installed as required by the City Engineer. Sec. 21.34. street tree planting requirements6 As required by the City, the developer shall pay a fee for planting street trees by the City, or shall obtain a permit and plant street trees. Sec. 21.35. Improvements: Standards and Specifications, Agreement; Acceptance date Sec. 21.35-1 Standards and specifications The developer is responsible for installing all paving, curbing, sidewalks, street lights, street trees, driveway approaches, valley gut- ters, street signs, traffic signs, traffic striping, legends, curb .painting, storm drainage catch basins, manholes, water mains, fire hydrants, valve boxes sewer mains and services in accordance with Specifications and Standards of Design on file in the office of the City Engineer. All improvements shall be installed in conformance with the City of Gilroy standards for the subdivision or developments of property and the developer shall pay such fees and provide such bonds as are outlined in the resolution or resolutions in effect of the time of development which established such standards and fees. Such resolution(s) shall be main- tained on file in the Office of the City Clerk and the City Engineer. Sec. 21.35-2 Agreements In consideration for the approval of the development and the acceptance by the City of responsibility for maintenance and operation of the required public improvements, the developer shall enter into an agreement with the City. Agreements covering work to be performed immediately shall cover the type, quality and character of the improvements as well as the development fees. They shall be accompanied by improvement plans as required by the City Engineer. Agreements covering deferred work shall note the extent of work being deferred and the reason for deferment. These shall be recorded in the Office of the County Recorder and shall become a lein on the title of the affected property. The developer shall agree to: Clean and maintain all streets, alleys, roads, courts, sewerS, and drains free from construction debris and dirt - 7- prior to acceptance by the City; to keep the construction area which may become exposed to pedestrian or vehicular traffic in a safe condition; and to take appropriate measures to prevent erosion and the deposit of silt in the streets and drainage system until all lots within the development are built upon. He further agrees to compensate the City for providing such services should it be necessary that they be performed by City Forces. Sec. 21.35-3. Corrections of defects All improvements covered by agreement between the City and the deve- loper will be accepted for maintenance and operation by the City when cer- tification of completion has been received and accepted by the. City Council. The repair and correction of any defects or deficiencies due to workmanship or materials which are discovered within one year from the date of acceptance by the City, shall be the responsibility of the developer. A bond for 10% of the value of the public improvement (with a minimum amount of $1,000.00) shall be posted with the City for the purpose of guaranteeing that such corrections will be made. Sec. 21.35-4. Testing of materials The .developer shall be required to provide certain material tests as determined by the City. All tests shall be made by laboratories or agen- cies approved by the City. All tests and reports shall be accomplished at no cost to the City. A copy of the report on the required tests shall be forwarded to the Director of Public Works prior to the continuance of the next related phase of construction. The required tests in the following schedule shall be a minimum requirement: (a) Subgrade. At least three tests will be required, locations of tests to be selected by the Director of Public Works or his appointed representative. The subgrade shall have a relative compaction of not less than ninety-five percent for a depth of one foot as determined by. Test Method No. California 216. (b) Aggregate base. At least three tests will be required, locations of tests to be selected by the Director of Public Works or his appointed representative. The relative compaction of each layer of compacted base .material shall not be less than ninety-five ~ercent AS determined by Test Method No. Calif. 216. (c) Concrete. Shall be sampled daily at such times as designated by the Director of Public Works or his appointed representative. The minimum strength of any concrete shall be three thousand pounds per square inch after twenty-eight days unless specified otherwise. (d) Plant mixes surfacing. Shall be sampled daily or for each one thousand tons or fraction thereof as designated by the Director of Public works or his appointed representative. The samples shall be of uncompressed plant mix taken at the job site. Compaction to 95% relative density (using the nuclear procedure) shall be accomplished when the plant mix is no hotter than 175°F (79°C) nor colder than 150°F (66°C). Sec. 21.35-5. Installation of underground utility lines, etc.; exceptions New and existing utility lines, appurtenances and associated equipment, including but not limited to electrical transmission, communication transmission, street lighting, and cable television shall be required to be placed underground. The Developer is responsible for complying with the requirements of this section and he shall make the necessary arrangements with the appropriate utility companies for the installation of such facili- ties. The City Council, upon recommendation of the Planning Commission, may authorize any or all of the exceptions enumerated in Section 26A.6 of this Code. Authorizing exceptions for one portion of a development shall not affect the requirements for the balance of that development. -8- Article III. Maps Division 1. Preliminary Maps Sec. 21.36. Filing Prior to filing a tentative map, the developer may be required to sub- mit to the planning department a preliminary map of a proposed subdivision. Sec. 21.37 Form Copies of the preliminary map may be submitted in rough sketch .form, together with such general information of existing conditions of the site and the proposed development as may be deemed necessary by the Planning Department including, but not limited to, the following: (a) Map. A map, other drawing or freehand sketch, drawn to scale showing topographic features and delineating in simple form the proposed layout of streets, lots, and other features in relation to existing con- ditions. (b)· Map details. The map or drawing shall show the subdivision or development name, if any, scale, north arrow, date, perimeter boundary line, unusual features of terrain such as rock out-crops, tree masses, watercourses in and adjacent to the proposed development, existing and pro- posed public utilities, sanitary sewer facilities, main traffic arteries, railroads, and other features considered pertinent by the Planning Department. (c) Land uses. A statement or diagram showing land proposed to be developed to residential, commercial, industrial, public, or other uses, and the minimum lot sizes thereof and the general location and iden- tification of existing buildings. (d) Location with reference to community. A sketch or key map showing the relationship ot the proposed development to the existing community facilities and other developments which serve or influence it. .Sec. 21.38. Action necessarS by planning dep~rtment; conference of repre- sentatives of city departments and developer The Planning Department may distribute copies of the preliminary map and data to appropriate city departmen,ts and agencies for review, as well as all private public utility companies serving the area. The Planning Department shall arrange with the developer a time and place of meeting between the developer and representatives of the city departments and agen- cies concerned to discuss the preliminary map. At such conference, the developer shall be given such advice as can be given by the representatives of the city departments and agencies based upon the information submitted which shall be advisory only and binding on neither party. 7 Division 2. Tentative Maps Sec. 21.39. Filing No tentative map involving residential sites except for those specifi- cally exempted by the residential development ordinances will be received for filing unless the City Council, through competitive evaluation, has given the project a ranking and a build out schedule assignment. The number of copies required by the tentative map application of any proposed subdivision shall be filed with the Planning Department by the developer or by his agent. The tentative map submitted shall not be considered to be complete or ready for filing until a completed environmental clearance document for the project has been approved. -9- Sec. 21.40. Form The tentative map shall show the following information: (a) (b) (c) (d) The tract number and name, or designation Sufficient legal desc[iption of the land as to define the boun- daries of the proposed tract. Name and address of the owner, the' developer, and of the registered civil engineer or licensed surveyor who prepared the map.- The locations, names and widths of all adjoining highways, streets and roads. (e) (f) The width and approximate grades of rights-of-way and roadways for all highways, streets and roads within such proposed development, with typical cross sections showing proposed improvements. The widths and approximate locations of all existing or proposed easements, whether public or private, for roads, drainage, sewers, · slope, or public utility purposes. (g) Approximate radii of all curves. (h) The proposed lot layout and the approximate dimensions of each lot. (i) Approximate location, names, and directions of flow of all water- courses and natural drainage channels; and approximate locations of all areas covered by water or subject to overflow by a 1% flood. (j) Source of water supply and proposed distribution system. (k) Proposed method of sewage collection and disposal. (1) Proposed route of drainage system. (m) Proposed use of prooerty. (n) Proposed public areas, if any. (o) Approximate contours where topography controls the street layout. (p) (q) Date, north point, and scale. Approximate location and outline to scale of each: Building, tree with a 6" or greater caliper trunk at a level of three feet above existing ground, or structure~on the site and the identification of which of the above will not/be moved or removed by development. (r) Each street shown by its actual street name or by temporary name or letter for purpose of identification until the proper name of such street is determined. All names shall be as accepted by the Street Naming Committee, the County Communications Agency and the Fire Chief and then approved by the City Council. Duplication of existing names will not be allowed. If it is impossible or impracticable to place upon the tentative map any matter hereinabove in this section required, such matter or information shall be furnished in a written statement which shall be submitted with such map. Sec. 21.41. Action on tentative map Action on the tentative map shall be taken as follows: - 10- (a) Distribution of the map. Within 30 days from the date that the tentative map application is certified and accepted as being complete, the secretary of the Planning Commission shall transmit prints of the tentative map to the City Administrator, the Director of Public Works, the Director 'of Parks and Recreation, the Fire Chief, Private and Public Utility Companies serving the area, School District and to the Santa Clara Valley Water Conservation District, and other agencies which the secretary of the Planning Commission determines may have direct interest in the tentative map, together with a request for a report and recommendation thereon to be returned within 15 days of the date of transmittal. These comments shall be incorporated in a report to be presented to the Planning Commission at a regular or special meeting not later than 50 days following the date of certification and acceptance of the request as complete. (b) Notification of developer and engineer. The secretary to the Planning commission shall--nOtify the-~-~-eloper and his engineer (when the engineer's address is indicated on the application) of the date on which the tentative map will be considered by the Planning Commission and provide them with copies of the compiled report at least three days prior to the hearing. (c) Hearing on the initial reports, etc.; recommendations to Planning Commission. On~ the date set for consideration of the tentative map, the Planning Commission shall hear the reports and recommendations and shall hear the comments and opinions of the developer and of his engineer. After giving due consideration to all such reports, recommendations, comments and opinions, the Planning Commission shall prepare its decision and, within 30 days from the date thereof, shall transmit its recommendations, for approval or conditional approval, to the City Council. (d) Action by plannin~ commission; statement of conditional approval. The Planning Commission, within fifty days from the date the tentative map application is certified or accepted and complete (except when an environmental review as required in accord with the California Environmental Quality Act) shall recommend approval, conditional approval, or disapprove the map and shall report its action to the developer. In the event of a disapproval of the map by the Planning Commission, the developer shall be furnished with a statement of the reason and authority for such disapproval. In the event of a conditional approval, the subdivider shall be furnished with a statement showing what changes are necessary to make the map conform to the requirements of the Subdivision Map Act and of this chapter, and a statement of the conditions precedent to the approval of the final map which may include, but not limited to, a revision of the number, dimensions or shape of the lots, a revision of the width or alignment of the streets, the type and extent of the improvements, drains and utilities required, to be constructed, and the width, location and purpose of the easements requi~ed to be dedicated. (e) Basis for disapproval. The Planning Commission must disapprove a tentative map if the only practical use which can be made of the property as proposed to be developed is a use prohibited by this Code, statute, law or other valid regulation, or if the land is subject to severe flood hazard or severe inundation. (f) Extension of time limit for action by Planning Commission. The time limit of thirty days for acting on the 'tentative map may be extended by mutual consent of the subdivider and the Planning Commission or secretary to the Planning Commission. If mutual consent can not be reached, the time limit may be automatically extended by 15 days. (g) Failure of Planning Commission to act deemed recommendation for approval. If no action is taken by the Planning Commission within the time limits as specified, the tentative map as filed shall be deemed to be recommended for approval and it shall be the duty of the clerk of the City Council to certify the recommended approval and submit the tentative map to the City Council for their review and action. - 11 - (h) Appeal to City Council. If the developer is dissatisfied with any action of the Planning Commission with respect to the tent ire map or the kinds, nature and extent of the improvements ~ecommended i~y the advisoYy agency to be requi~ed, he may, within fifteen days after such action, appeal to the City Council for a public hea~ing thereon. The City Council shall hear the appeal, upon notice to the develope~ and the Planning Commission, unless the develope~ consents to a continuance, within 30 days or at its next succeeding regula~ meeting. At the time fixed 'for the hearing, the City Council shall proceed to hear the testimony of the develope~ or any witnesses on his behalf and the testimony of the represen- tatives of the Planning Commission or any witnesses on its behalf. It may also hea~ the testimony of other competent persons respecting the character of the neighborhood in which the development is to be located, the kinds, nature, and extent of improvements, the quality or kinds of development to which the area is best adapted and any other phase of the matter with respect to. which it may desire to inquire into. Upon conclusion of the hearing, the City Council shall within fifteen days declare its findings based upon the testimony produced before it. It 'may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commi ~sion and may make such findings as are not inconsistent with the pro- visi ~s of this chapter and of the Subdivision Map Act. (i) Procedure after recommendation for approval by Planning Com- mission. Upon recommendation fo~ approva! of the tentative map by the Planning Commission, a copy thereof, together with a copy of Commission's recommendations on such maps shall be filed with the City Council. The Council may approve the map and/or refer the map back to the Planning Commission for further consideration, study or ~evision, after which it shall be again submitted to the Council for final action. Initial approval of a tentative map is valid fo~ 18 months. Said a~proval may, at Council discretion, be conditionally extended for a period not to exceed an additional 12 months. (j) Limitation upon mo~e restrictive changes in requirements. During the 18, month peYiod, subsequent to the date o~ approva~ o~ cunditional approval of the tentative map, or ~any approved extension of the 18-month period, neither the Planning Commission nor the City Council shall make any changes in the various requirements pertaining to the tentative map that are more restrictive or call fo~ the dedicatibn of additional areas or the installation of additional or more extensive improvements than were set forth at the date of final action on the tentative map. Sec. 21.41.1. Review bs the Cits of tentative maps referred to it by other a~enci.es T~e City may make recommendation concerning proposed subdivisions in any adjoining city or in any adjoining unincorporated te~ritoYy provided such developments are within three miles of the City's sphere of influence. Said recommendations shall be in accordance with the provisions of Chapter 3, Art. 3, Subdivision Map Act. - 12 - 8 Division 3. Final Maps Sec. 21.42. Survey ~rocedure ]! practice standards; allowable error of closure~ The procedure and practic~ of all survey work done on any subdivision shall conform to the accepted standards of the engineering profession. The allowable error of closure on any portion of a final map or approved record of survey map shall be one five thousandth. Sec. 21.43. Inclusion of center lines and reference In the event that the county surveyor, cOunty road commissioner, the state highway engineer, or the city engineer shall have established the centerline of any street or alley in or adjoining a subdivision, the final map shall si~]~w such center line, together with reference to a field book or map showing ,ich center line and the monuments which determine it. Sec. 21.44. ~nclusion of boundary monuments; spacing requirements; ~escription on map; specifications of durable monuments Each final 'map shall show durable monuments found or set at or near each boundary corner and at intermediate points, approximately one thousand feet apart, or at such lesser distances as may be made necessary by topography or culture to insure accurancy in the re-establishment of any point or line without unreasonable difficulty. The precise position and the character of each such monument shall be shown on such map. Such durable monument shall be not less substantial than an iron pipe of a one and one-half inch ouside diameter, not less than two feet in length, with plug and tack, and set at least two feet into the ground or of such other character and stability as may be approved by the City Engineer. The approximate elevation of the top of each such monument with respect to the surface of the ground shall be shown on said map. For State Law as to monuments, see Chapter 4, Art. 9, Subdivision Map Act. Sec. 21.45. Setting deferred monuments In the event any or all of the monuments.required to be set are to be set subsequent to the recordation of the final map, the map shall show which monuments are to be so set. Prior to the approval of the final map by the City Council, the developer shall submit a written agreement in which he agrees that the monuments so deferred will be set within a spe- cified time. Sec. 21.46. Land shall not be divided on a single map when separated into parcels by other than streets, alleys, etc.; land so separated must be subdivided as a separate parcel No land shall be divided on any single map when such land is separated or divided into two or more parcels or portions by a parcel of land other than a street, alley, railroad right-of-way, public utility right-of-way, or flood control right-of-way, and when such land is so separated, each separate parcel or portion thereof, if developed shall be subdivided as and shown on a separate subdivision or parcel map. Sec. 21.47. Required prints must accompany final map upon filing Upon the filing of a final map with the City Engineer, it shall be accompanied by prints thereof as required by this chapter. Sec. 21.48. Reports required from officers and departments after receipt of final map prints Each officer or department, within fifteen days after the receipt of a print of a final map, shall report in writing to the City Engineer as to the compliance or noncompliance of such map with law as to the matters coming under his or its jurisdiction, together with a statement of the changes necessary thereon to cause such. map to comply with the law and with the approved tentative map and all approved revisions thereof. - 13 - Sec. 21.49. Evidence of title; certificate to be issued for the benefit of the City when map shows property to be dedicated to public use The evidence of title required by the provisions of the Subdivision Map Act shall be a certificate of title or a policy of title insurance issued by a title company authorized by the laws of the state or write the same~ showing the names of all persons having any Fecord title interest in the land to be developed, together with the nature of their Fespective interests therein. In the event that any dedication is to be made for public use of any pFopeFty shown on such final map, the said certificate of title oF policy of title insuFance shall be issued foF the benefit and pro- tection of the City. ~ Sec. 21.50. Subdivider to deposit fee requiFed by law foF FecoFdation upon submission of final map Upon the submission of a final map, the developer shall deposit with the County Surveyor a sum of money equal to the amount as pFescFibed in SectiQn 27372 of the GoveFnment Code for Fecordation of a subdivision map, whichimonev shall be deposited in a tFust fund foF that purpose and, upon the ~ilin~ of such map for Fecord in the Office of the County RecordeF, such imoney shall be used by the surveyor in payment of the fee for the r~coF,rding of such map. Sec. 21.51. Deposited fee may be Fetained if intent to FecoFd map is abandoned In the event that the developeF abandons his intention to cause such map to be FecoFded and so notified the County SuFveyor of' such fact in writing, only such money shall be FetuFned to the developeF who deposited the same as was not used to pFocess the map to the point of abandonment. Sec. 21.51-1 Effect of delays in the pFocessin9 of the final map If the final map is not FecoFded within 60 days afteF all required signatuFes aFe obtained, the map shall be FetuFned to the Public WoFks DepaFtment, and Fetained there without recordation until the developeF is prepared to recoFd the map immediately. An approved or conditionally approved tentative map shall expiFe 12 months afteF its appFoval oF conditional approval, oF after such additional period of time as may be granted by the City Council, not to exceed an additional 18 months. If the map is not Fecorded by the time of expiFation of the tentative map, the developeF will be FequiFed to staFt with the tentative map pFocess again, the final map may be declared null and void and the developeF may be FequiFed to pFepaFe a new map. Sec. 2i.52. Map checkin9 fee FequiFe dupon submission of map; amount of fee~ tFaveFse sheets acceptable In addition to all otheF fees and chaFgeS required by law, upon sub- mitting the final map, paFcel map, oF appFoved FecoFd of suFvey map under the provisions of the Subdivision Map Act, the developeF shall pay a map checking fee to the City CleFk. This fee shall be set from time to time by Fesolution of the City Council. TFaveFse sheets from a Feputable electFo- nic computing agency may be acceptable in lieu of the map checking fee. Sec. 21.53. NumbeFin9 oF letteFin~ blocks with subdivision; specifications for numbeFs oF ~etteFs; blocks not to be divided between two oF moFe streets In the event that the developeF elects to numbeF or letter the blocks in any subdivision, all blocks theFein shall be numbeFed oF lettered in numeFical oF alphabetical oFdeF, respectively, commencing with the numeFal "1" oF the letteF "A" and continuing without omission oF duplication. Such numbeFs oF letters shall be solid and of sufficient size and thickness as to be conspicious on the map, and shall be so placed as not to obliteFate any figure or otheF design. Except where necessitated by a scale suf- ficiently large to show all details cleaFly, nQ block shall be divided bet- ween two oF moFe sheets. - 14 - Sec. 21.54. Numbering or lettering of lots within blocks In the event that the blocks of any subdivision are numbered or let- tered, the lots in each block therein shall be numbered or lettered, the lots in each block therein shall be numbered beginning with the numeral "1" and continuing without omissien or duplication in any such block. otherwise Che lots shall be numbered beginning with the numeral "1" and continuing without omission or duplication throughout the entire tract. No prefix or suffix nor combination of letter and 'number shall be used. Each lot shall be shown entirely on one sheet. Sec. 21.55. DistinctiVe border for subdivision boundary The boundary line of a subdivision shall be indicated by a distinctive border. Such border shall be of such density as to be transferred to a blue line print of such map and not to obliterate of any line, figure or other data appearing on such map. Sec. 21.56. Title sheet - Title and subtitle required The title sheet of each final map shall contain a title consisting of the number, name or designation of the subdivision, also the words "in the City of Gilroy" also except as provided in Section 21.60 hereof, a subtitle consisting of a description of all the property being developed, by reference to such map or maps of the property shown thereon, as shall have been previously recorded. Sec. 21.57. Same - Certificate of surveyor or engineer required; also settin9 of monuments A certificate by the engineer or surveyor responsible for the survey and final map is required. His certificate shall give the date of the sur- vey, state that the survey and final map were made by him or under his direction, and that the survey is true and complete as shown. The cer- tificate shall also state that all the monuments are of the character and occupy the positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. .Sec. 21.58. Same - Le~ibilits Certificates, affidavits and acknowledgments shall be legibly printed upon the title sheet of the final map with opaque ink. Sec. 21.59. Same - Maps filed for reversion to acreage10 Upon the title sheet of each map filed for the purpose or ~everting subdivided land to acreage, the subtitle shall consist of the words "A Reversion to Acreage of ............... " (insert a legal description of the land being reverted). / Sec. 21.60. Identification of stakes, monuments, etc., determining boundaries; designation of corners of adjoining subdivision or land developments necessars to locate boundaries On each final map shall be fully and clearly shown and identified such stakes, monuments or other evidence determining boundaries of the sub- division or land development as were found on the ground, together with sufficient corners of adjoining subdivisions or land developments by lot and block number, tract name and place of record, or by section, township and range, o~ other proper designation as may be necessary to locate preci- sely the limits of the subdivision or land development. Sec. 21.61. Orientation for convenient ~eadin9 from map to book The map on each sheet and the lettering thereon shall be so oriented that, with the north point directed away from the reader, the map may be read most conveniently from the bottom or lower right corner of such sheet, the binding edge to be at the left and lengthwise of the sheet, keeping in mind that the sheets are always on the right page of the map book, the left page being always blank. - 15- Sec. 21.62. Make up of sheets Each sheet of a final map, except the title sheet or sheets thereof, shall bear the main title of the map, the scale of the map, north point, and sheet number, together with a designation of the relation, if any, bet- ween each sheet and each other sheet thereof. Sec. 21.63. Bearings and lengths of lines shown on final map; no ditto marks, etc., permitted The bearing and length of each lot line, block line and boundary line shall be shown on the final map; provided that when bearings or lengths of lot lines in any series of lots are the same, such bearings or lengths may be omitted from each interior parallel lot line of such series. Each required bearing and lengths shall be shown in full and no ditto mark or other designation of repetition shall be used. Sec. 21.64. Accuracy of area designation Upon each lot containing an area of three fourths of an acre or more shall be designated the acreage of such lot shown not less accurately than to the nearest one hundredth of an acre. sec. 21.65. Curve data which must be shown The length, radius and total central angle or bearing or terminal radii on each curve and the bearing of each radial line to each'corner on each curve, or the central angle of each segment within each lot, shall be shown thereon. Sec. 21.66. Centerlines of highways, streets or ways to be shown; includes widths, widths to be dedicated, etc., as well as curve data; also widths of railroad rights of way, easements, etc. There shall be shown upon each final map or approved record of survey map'the centerline of each highway, street or way, the total width thereof, the width of that portion, if any, to be dedicated, and in the case of any existing highways, streets or ways, the width thereof, and the width of each highway, street or way on each side of the center line thereof. On each such centerline shall be shown the bearing and length of each tangent, and radius, central angle, semitangent, chord and length of each curve. The final map shall show the width of each railroad right-of-way, flood control or drainage easement and other easement appearing on such map, whether previously of record or offered~ for dedication on such map. Sec. 21.67. Centerlines of easements must be shown; for easements not definitely ~ocated, a statement must be p~aced on map; ease- ments reserved for public utilities, etc., shall be shown Upon a final map shall be shown the centerline or sidelines of each easement to which the lots in the subdivision or development are subject. In the event that such easement is not definitely located of record, a sta- tement showing the existence of such easement shall be placed on the map. Easements reserved by the owner for public utilities or for other purposes shall be shown on the map and so designated thereon. Sec. 21.68. Easements being dedicated shall be set out in certificate If an easement is being dedicated by a final map, it shall be properly set out in the owner's certificate of dedication on the map. Sec. 21.69. Natural watercourses to be shown The location of any watercourse, channel, stream or creek -shall be shown on the final map. - 16 - Sec. 27.70. A~reement to meet standards of drainage facilities in exchange for Cits's maintenance and operation In consideration for the acceptance by the City of responsibility for maintenance and operation for the useful life of the drainage facilities, "on-site", and "off-site", the subdividers and property developers shall enter into an agreement covering the cost, type, quality and character of installing same in accordance with the stipulations set forth in the appli- cable resolution 'as the same now exists or may hereinafter be amended. Sec. 21.71. Agreement to meet standards of sanitarS sewers in exchange for Cits's maintenance and operation In consideration for the acceptance by the City of responsibility for maintenance and operation for the useful life of the sanitary sewers and water utilities necessary connecting system, general plan and appurtenances,the subdivider and property developer~ shall enter into an agreement covering the cost, type, quality and character of installing same in accordance with the stipulations set forth in the applicable resolution as th~ same now exists or may hereinafter be amended. S~c. ~1.72. Land shown as intended for public use; private streets Except as set out in this chapter, all parcels of land intended for public use in a subdivision or development shown on the final map thereof, shall be offered for dedication for public use. Provided, however, that with the approval of the City Council, a street, highway or way which is intended to be kept physically closed to the public travel or posted as a private street at all times may be shown as a private street, but in any such case, the final map shall contain a conditional offer of dedication which may be accepted by the City Council at such time as the street shall have been opened to public travel for a period of three months or more. Any such private street shall be shown on such map be heavy dashed lines. Sufficient data shall be shown on each private street to define its boun- daries, as is required for a public street and also sufficient mathematical data to show clearly the portion of each lot within such street. The design and improvement of any such'private street shall be subject to all of the requirements prescribed by this chapter for public streets, unless otherwise approved by the Planning Commission.. Sec. 21.73. Delineation of structures within easements must accompany fina! map; pub!ic!y-owned drainage ~lnes, etc., not included as structures Any final map of a subdivision or development presented to the City for acceptance of easements and recordation shall be accompanied by an addi- tional'copy on which is delineated all structures existing within the ease- ments, except publicly-owned storm drains, water lines, sewers, and other sanitary faciltiies, whether such structures are on recorded easements or not. Sec. 21.74. Accepting right of waS or easement for dedication without con- sent of those having an interest in the right-of-waS or ease- ment If the owner of an easement or right-of-way of any kind or nature in any right-of-way offered for dedication, who has no other interest whatever in any part of the lands included within the development, refuses to make his easement subject to any right-of-way offered to the public, but the final map in all other respects complies with this chapter, with the Subidivision Map Act, and with every other applicable statute and ordi- nance, and the City Counci't finds that the developer has in good faith attempted to obtain the necessary signature from such owner and has been unable to do so, and that a refusal to accept the final map for recordation would work an undue hardship on the developer, then by a majority vote of all its members the City Council may accept such map. - 17- Sec. 21.75. Developer's duty t~ q~ade and improve land dedicated The developer shall grade an~ improve or agree to grade and improve all land dedicated or to be dedicated on a final map for streets, highways, public ways, and easements, and all private st~teets and private easements laid out on a final map in such a manner and with such improvements as are necessary for the general use of the lot owners in the development and local neighborhood traffic and drainage needs as required by City Stan- dards. Sec. 21.76. Plans, etc., for improvements must be submitted prior to sub- mitting fina! map; subject to City Engineer's approval Plans, profiles, and specifications for improvements set out in the previous section shall be furnished to the City Engineer not later than the time of submitting the final map to the County Surveyor for checking and such plans, profiles, and specifications shall be sKbject to the approval of the City Engineer before any such final map shall be approved. Sec. 11.77. ~greement to furnish equipment necessary to complete - For improvements not completed at time of recording and final map If any improvements be not completed to the satisfaction of the City Council before the final map is recorded or filed, the developer shall, prior to the approval by the City Council of the final map, enter as contractor into an agreement with the city whereby, in consideration of the acceptance by the city of the dedications offered on the final map and the approval of the final map, the developer, as such contractor, agrees to furnish all necessary equipment and material and to complete such work within the time specified in such agreement. Sec. 21.78. Same - Performance bond to accompany agreement11 The agreement shall be accompanined by a'faithful performance bond guaranteeing the faithful performance of all work, the inspection of which is the duty of the City Engineer, in a penal sum which, in the opinion of the City Council, equals the cost thereof. Sec. 21.79. same - Cash deposit to accompany agreement; equal to cost of setting monuments; may be retained by the city The agreement referred to in Section 21.46 shall be accompanied by a cash deposit in an amount estimated by the City Engineer to be sufficient to pay the cost of setting the monuments. If such monuments are not set within the specified'time, the City Engineer shall so notify the developer and the engineer or surveyor signing the map. If, within thirty days from the date of such notice, the monuments are not set, the City Engineer shall order the engineer or surveyor signing the map to set the monuments, and upon satisfactory completion thereof, shall pay or cause to be paid to said engineer or surveyor the amount of the above-mentioned deposit. If the engineer or surveyor signing the map is deceased or is found to be unable to perform such work, the monuments shall be set by the City Engineer and the deposit shall be retained by the City. Sec. 21.80. Same - A sum of money or negotiable bonds may be substituted for performance bond In lieu of any faithful performance bond required by this article, the developer may deposit with the City Council a sum of money or negotiable bonds equal to the required amount of such bond as security for the faith- ful performance thereof. Sec. 21.81. Same - A reduction in the performance bond or a partial reduc- tion of funds upon part~a~ completion When any portion of an improvement has been actually fully completed, the officer whose duty it is to inspect such_ improvement may report such fact to the City Council who may authorize from time to time a reduction in the bonds or a partial withdrawal of funds, which bonds or funds were depo- - 18- sited in lieu of a faithful performance bond required by this article, equal to the estimated cost of such completed portion. Sec. 21.82. Certificate~and acknowledgments which must appear on the title sheet~ The following certificates and acknowledgments must appear on the titl6 sheet of the final map: (a) Owner's 'certificate, including the offer of dedication, if any. (b) Engineer's or surveyor's certificate. (c) City Engineer's certificate of approval, including statement that final map conforms substantially to the approved tentative map and to any approved alterations thereof. (d), Certificate of approval of Planning Commission. (e) City clerk's certificate of approval by the City Council and acceptance of the offer of dedication. (~) Such other affidavits, certificates, acknowledgments, endor- sements, and notarial seals as are required by law and by the provisions of this chapter. Sec. 21.83. Action on final map after certification bS city engineer After checking and certifying the correctness and completeness of the final map and its conformance with the approved tentative map', if required, the City Engineer shall transmit the same to the City Council, together with all other appertinent and necessary information, including bonds. The City Council, at its next regular meeting after receipt of such map, shall accept the bonds and approve the map if it is satisfied with the same, or it may order changes in the map as well as in the bonds and then approve the same when such changes are made, or it may~ refer the map back to the Planning Commission and the bonds back to the City Engineer for further study, examination, revision and report, after which the map and bonds shall again be delivered to the Council for final approval. After appro- val, the map shall then be transmitted to the County Surveyor or County Engineer for recording. Sec. 21.84. Taxes and special asessments - Filing of certification that no liens for unpaid tafw~es, etc., are outstanding prior to fi~ing with ~overning body~ · Prior to the filing of the final map with the City Council, the deve- loper, shall file with the clerk of the Board of Supervisors of the county, in which any part of the development is located, showing that according to the records of his office, there are no liens against the development or any part thereof for unpaid state, county, municipal or local taxes or spe- cial assessments collected as taxes, except taxes or special assessments not yet payable. Sec. 21.85. Same - Developew must file certificate estimating taxes and assessments not set pasable As to taxes or special assessments collected as taxes not yet payable, the developer shall file with the clerk of the Board of Supervisors men- tioned, a certificate by each proper officer giving his estimate of the amount of taxes and assessments which are a lien but which are not yet payable. Sec. 21.86. Same - Prior to recording final map, a bond must be filed equal to all taxes or special assessments not set payable; moneS or negotiable bonds maY be deposited in lieu of bond Whenever any part of the development is subject to a lien for taxes or .special assessments collected as taxes which a~e not yet payable, the final map shall not be recorded until the owner or developer executes and files - 19 - with the Board of Supervisors of the county wherein any part of the deve- lopment is located, a good and sufficient bond to be approved by the Board and by its terms made to inure to the benefit of the county and conditioned upon the payment of all state, county, municipal and local taxes and all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable. in lieu of a bond, a deposit may be made of money or negotiable bonds in the same amount, and of the kind approved for securing deposits of public money. Sec. 21.87. Same - Bond or deposit only need to be for sum sufficient to pay taxes on developed portion of larger parcel If the land being developed is a portion of a larger parcel shown on the last preceding tax roll as a unit, the bond or deposit for payment of taxes need be only for such sum as may be determined by the Board of Supervisors to be sufficient to pay the taxes on the land being developed, together with all accrued penalties and costs if such taxes are allowed to become delinquent. Sec. 21.88. Requirements for centerline monuments at intersections, points on curves, etc. Centerline monuments shall be set to mark the intersections of streets, intersections of streets with the tract boundary, or to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points. Each such monument shall be not less durable and substantial than that required by the City. In unsur- faced, graveled or oiled surfaces, a two inch iron pipe shall be set not less than twelve inches below the surface. Sec. 21.89. Notes required to determine centerline intersection monument~ For each centerline intersection monument set, the engineer or surveys. under whose supervision the survey has been made shall furnish to the CiTy Engi'neer a set of notes showing clearly the ties between such monument and four durable distinctive reference points or monuments. Such reference points or monumnets may be leads and tacks in curbs or sidewalks, or two- inch by two-inch stakes set back of the curb line and below the surface of the ground, or such substitute therefore as appears to be not more likely to be disturbed. Such set of notes shall be of such quality, form and completeness and shall be on paper of such quality and size as may be necessary to conform to the standardized office records of the City Engineer. All such notes shall be indexed and filed by the City Engineer as a part of the permanent public records of his office. Sec. 21.90. Identification of engineer All monuments set as required in this chapter shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made. Sec. 21.91. Inspection and approval All monuments shall be subject to inspection and approval by the City Engineer. Sec. 21.92. Redemption of subdivided land If land being subdivided is sold for taxes, it may be redeemed from such sale without the redemption of the remainder of the larger parcel of which it is a part pursuant to the provisions of the Revenue and Taxation Code as if it were held in ownership separate from and other than the ownership of the remainder. - 20 - Article IV. Lots Division 1. Lot Development Sec. 21.93. Areas ,~ ~ widths Each lot in any subdivision shall have an area of not less than the required area for the zone in which the lot .or any portion thereof is located. Each lot shall have an average width of not less than the required width, or shall contain an area of not less than the required area. Sec. 21.94. Angle of sideline to street upon which lots front The sidelines of lots shall be at an approximate right angle to the street upon which such lots front, except as otherwise approved by the Planning Commission. Sec. 21.95. Minimum frontage; exception as to unusual conditions Each lot shall have a street frontage of not less than forty feet except under certain unusual conditions such as: Areas where the topography makes it impractical to provide such frontage o~ the original parcel is shaped in such a manner that the property could not be reasonably developed without such an exception and a formal tentative map is approved for the site. With such approval, a lot may have a strip of land not less than twenty-five feet in width connecting the building site(s) with the street. The a~ea of such a strip of land shall be excluded in computing the ~equired lot area and widths and the length of such strip of land shall not exceed three hundred feet. Division 2. Lot Division Sec. 21.107. Lot divisions must comply with all applicable regulations of this division Any person desiring to divide any single lot or parcel of land shown in the last preceding tax ~oll as a unit into' not more than four building sites whether for residential, commercial or industrial purposes, shall comply with all applicable regulations of this division. Sec. 21.108. Certificates of Compliance The City Engineer determines that lots have been shown on the tax rolls for at least 10 years as separate parcels, or when in his opinion a lot line adjustment is mino~ and does not c~eate additional or undesireable parcels, he shall, upon request of the owner, file with the County Recorder a Certificate of compliance noting that said parcels are exempt from the provisions of the Subdivision and Land Development Ordianance. - 21 - FOOTNOTES Section 21.1 Footnote I For state law as to subdivisions generally, refer to Subdivision Map Act, §66410 to §66499.37. Footnote 2 For state law as to advisory agency, see Business and Professions Code §11509. Section 21.26 and 21.27 Footnote 3 As to installation of curbs, gutters and sidewalks generally, see 20.13 et seq. of this Code. Section 21.31 through 21.35 Footnote 4 For regulation generally in connection with sewers and drains, see Chapter 19 of this Code. Footnote 5 As to water regulations generally, see Chapter 27 of this Code. Footnote 6 For regulations generally in connection with trees along streets, see Chapter 26 of this Code. Division. 2 Footnote 7 For state law as to tentative map, see Subdivision Map Act, Government Code, §66452 et, seq. Divi-sion 3 Footnote 8 For state law as to final maps, see Subdivision Map Act. Footnote 9 For state law as to civil engineering provisions as applicable to persons engaged in surveying, see Business and Professions Code §6743. Footnote 10 For state law as to reversions and exclusions to/of acreage, see Chapter 6, Subdivision Map Act. Footnote 11 For' state law authorizing City to require bond, see Business and Professions Code §11612. As to deposit in lieu of bond, see Business and Professions Code §11613. Footnote 12 For state law as to certificates and acknowledgments on final maps, see Chapter 2, Subdivision Map Act. Footnote 13 As to taxation generally, see Chapter 22 of this Code. - 22 - I, SUSA,~,INE E. STEI~METZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No.81-11 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of March , 19 ~8.1,.,,,, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 18th day of City Clerk of tl~e City'of Gilroy ~- (Seal) March ,, 19 81 ,,.