Ordinance 1384
C~AtiC3: N0. 1386
AND OF THE CITY GF C{JPERP~q 1G TITIF 18
OF THE 1!]~IICIPAL Cam, SfJBDIVI32Cti3
THE CTRR Q7[IIaCIL OF THE CTTY OF CVPFIiTIIJO HEREBY C~DAaiS that Title 18
o! the Cupertino r4s~icipel cods is amer:dad to read as ehotra crt tha
attached E#~ibit "A".
II~1~o0[ACEa at a regular meeting o! the City Council o! the City of
Q:partira this ~ day o! October ~ 1986 and Eta1CTF9 at a z+egular
meeting o! the City Council O! the City o! Cupertino this 27th dalr
o! October ~ 1986 by the lollowing wts:
yQ~ Members o! the City Ootafcil
Aye; Gatto. Plungy. Sparks. Rogers
per; Nona
gyp; .Tohnaoa
ABSTAIId: Noaa
11FA~V~:
City of ~
ATTESP:
Ci Clerk
. title 18
'" ~ 'SUBOIVISIONS*
Articles s` .
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4
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18-1.101--18-1.102
Art cle
GENERAL PROVISIONS
,Seceicns:
' 18-1.101- Citation and Authority.
'18-1.:.102. Purpose.
18=1.103 Conformity to General Plan,
" Specific Plan and Zoning Osdinances.
18-1:104, Application..
18-1.105 Modification of Requirements.
Section 18-1.101. Citation and Authorit This title
a a opts to aupp ement an implement the Subdivision
Map Act, Section 66410, et seq. of .the Government Code,
and'may be-cited as the Subdivision Ordinance of the
City of Cupertino. (Ord. 1202 $1 (part), 1982)..
Section 18-1.102. Pur ae.
It s the purpose of this title to regulate and control
the division of land within the City of Cupertino and to
supplement the provisions of the Subdivision Map Act
concerning the design, improvement and survey data of
hoc ordinance history: Ords. 47(Reviaed), 47(a),
47(b), 485, 568, 581, 588, 793, 882 and 1179.
(Rev. 10 '86)
"EIIHIBIiA"
subdivisions, the form and content of all maps provided
for by the Subdivision Map Act and the procedure to be
followed in securing the official approval of the Planning
Commission, the City Engineer, the Department of Planning
and Development and City Council regarding such maps. To
accomplish this purpose, the regulations outlined in this
title are determined to be necessary for the preservation
of the public, safety and general welfare, to promote
orderly growth and development and to promote open space,
conservation, protection, and proper use of land and to
insure provisions for adequate traffic circulation,
utilities and services. (Ord. 1202 $1(part), 1982).
Section 18-1.103. Conformlt to General Plan S ecific
Plan an Zon n Ord nances. No land shall a subd v ed
and developed or any purpose which ie not in conformity
with the General Pian and any specific plan of the City of
Cupertino permitted by the zoning title or other
applicable provisions of the City of Cupertino.
The type and intensity of land as shown on the General
Plan shall determine the type of streets, roads, highways,
utilities and public services that shall be provided by
the subdivider. (Ord. 1202 S1(part), 1982.
Section 18-1.104. A lication. The regulations set forth
n th s t tie shall apply to all subdivisions or parts
thereof, including the conversions of existing multiple
family rental housing to candominiuma, community
apartments, or stock cooperatives, within the City of
Cupertino and to the preparation of subdivision maps
thereof 'and to other maps provided for by the Subdivision
Map Act. Each such subdivision and each part thereof
lying within the City of Cupertino shall be made and each
such map shall be prepared and presented for approval as
hereafter provided for and required. (Ozd. 1202 S1(part),
'1982).
Section 18-1.105. Modification of Re uirementa. When-
ever, n the op neon o the Plann ng Comm sa on, the land
involved in any subdivision is of such size oc shape, or
is subject to ouch title limitations of record, or is
affected by such topographical location or conditions, or
is to be devoted to such use that it is impossible or
impracticable in the particular case for the subdivider to
conform fully to the regulations contained in this title,
the Planning Commission may make such modifications
thereof as, in its opinion, are reasonably necessary or
expedient and in conformity with the State Subdivision Map
Act. (ord. 1202 S1(part), 1982).
(Rev. 10 '86)
"EXHIBITA"
Article 2
DEFINITIONS AND RESPONSIBILITIES
,Sections:
>. 18-1.201 Definitions..
-18-L.202 _ ReaponsibiLitiea.
18-1.202.1 City Attorney..
18-1.202.2 City Council.
18-1.202.3 City Engineer.
18-1.202.9 Department of Planning and Development.
18-1.202.5 Planning Commission.
Section 18-1.201. Definitions...
Condominium. An estate in real property consisting of an
and v ded ntereat in common in a portion of a parcel or
real property together with a separate intesest in apace
aa.more particularly described in Section 783 of the
California Civil Code.
Conversion. The creation of separate ownership of
ex s~meal property together with a separate interest
in apace of residential, industrial or commercial
buildings thereon.
De~si n_. "Design" means: 1. Street alignments, grades
an~c widths; 2. Drainage and sanitary fac111tiea and
utilities, including alignments sad grades thereof; 3.
Location and size of all .required easenanta and
rights-of-way; 4. Fire roads and fire breaks; 5. Lot
size and configuration; 6. Traffic access: 7. Grading;
8. Land to be dedicated for park or recreational
purposes; and 9. Such other specific requirements in the
plan and configuration of the entire subdivision as may be
necessary or convenient to insure conformity to or
implementation of the General Plan or any adopted specific
plan.
Environmental Im act Aeport (EIR). A detailed statement
setting orth the .environmental effects-and consideration
pertaining to a project as specified in the California
Environmental puality Act, and may mean either a draft or
a final EIR.
Final Map. A map showing a subdivision for which a
tentative and final map is required by the Subdivision Map
Act or this title: prepared 1n accordance with the
.provisions of this title and the Subdivision Map Act
(Rev. 10 '86)
"IXNi~fi A"
designed to be recorded in the office of the County
Recorder.
Improvement. "Improvement" refers to such street work,
storm drainage, utilities and landscaping to be installed,
or agreed to be installed, by the subdivider on the land
to be used for public or private streets, highways, ways,
easements, subdivision and local neighborhood traffic and
drainage needs as a condition precedent to the approval
and acceptance of the Einal map thereofr or to such other
specific Improvements or types of impzovements, the
installation of which, either by the-subdivider, by public
agencies, by private utilities, by any other entity
approved by the local agency or by a combination thereof,
is necessary or convenient to insure conformity to or
implementation of the General Plan or any adopted specific
plan.
Lot:- A parcel or portion of land separated from other
parcels or portions by description, as on a subdivision or
record of survey map, or by metes and bounds, for purpose
of sale, lease, or separate use.
Lot-Line Adjustment. A minor shift or rotation of an
exist ng lot 1 ns or other adjustments where a greater or
lesser number of parcels than originally existed is not
created, as approved by the City Engineer or authorized
xepresantative.
Mergez. The joining of two or more contiguous parcels of
land-under one ownership-into one parcel.
Map Act. The Subdivision Map Act o! the State of
California.
Parcel Map. A map showing a division of land of four or
leas parcels as required by-this title, prepared in
accordance with the provisions of this title and the Map
Act.
Remainder. That portion of an existing parcel which is
nodded as part of the subdivided land. The
remainder is not considered as part of the subdivision but
must bs shown on the required maps ae part of the area
surrounding subdivision development. A remainder shall
not be counted as a parcel for the purpose of determining
whether a parcel map ie required or final map is -required.
A remainder may be sold without further requirement of its
filing of a parcel map or final mapr provided, however,
that the owner must obtain from the City a certificate of
(Rev. 10 '86)
y ` w~,7 ;~
'u~~~ .~~~ u u ~
compliance or conditional certificate of compliance as
provided for in Article 12 of this Ordinance.
Subdivision Im rovement Standards. Standard details,
standard aped cat on, an other standards approved by
the City Engineer that shall govern the improvements to be
constructed pursuant_to this title and. the Map Act.
Subdivider. A person, firm, corporation, partnership or
assoc ate who proposes to divide, divides, or causes to be
divided real property into a subdivision for himself or
.for others; except that employees and consultants of such
persons or ent3.tiea, acting in such capacity, are not
"Subdividers."
Subdivision. "Subdivision" means the division, by any
su eider, of any unit or unite of improved or unimproved
land,'or any portion thereof, shown on the latest
equalized county assessment roll as a unit or as
contiguous units, for the purpose of sale, lease or
financing, whether immediate or future except for leases
of agricultural land for agricultural purposes. Property
shall be considered as contiguous units, even if 1t is
separated by roads, streets, utility easement or railroad
rights-of-way. "Subdivision" includes a condominium
.project, as defined in Section 1350 of the Civil Code, a
cosssunity apartment project, as defined in Section 11004
of the Business and professions Code, or the conversion of
five or more existing dwelling units to a stock
cooperative, as defined in Section 11003.2 of the Business
and Professions Code. As used in this section,
"agricultural purposes" means the cultivation of food or
fiber or the grazing or pasturing of livestock.
Tentative Map. "Tentative map" refers to a map mode for
the purpose of showing the design and improvements of a
proposed subdivision and the existing conditions`in and
around it and need not be based upon an accurate or
detailed final survey of the property.
Vestin Tentative Ma Refers to a map which meets the
requ cements of other tentative maps and Section 66452 of
the Government Code.
Section 18-1.202. Responsibilities.
18-1.202.1. Cit Attorne The City Attorney shall be
responsible or approving as to form all subdivision
improvement agreements. (Ord. 1202 S1 (part), 1982).
(Rev. 10 '86)
"EXHIBITA"
18-1.202.2 City Council. The City Council shall have
final jurisdiction in the approval or denial of tentative
subdivision maps and final maps and improvement agreements
and the acceptance by the City of such lands and/or
improvements as may be proposed for dedicatiorc to the City
for subdivisions. (Ord. 1202 S1(part), 1982).
Section 18.1.202.3. Cit En ineer. The City Engineer
shall be respons ble or:
'A:' Establishing design and construction detafle,
standards and specifications;
e. Determining if proposed aubdlvision improvements
comply with the provisions of this title and the Map Act
and for reporting the findings together with any
recommendations for approval, conditional approval or
denial of the tentative map to the Director of Planning
and Development.
C. The processing and certification of final maps,
reversion to acreage maps, and amended maps= the
.processing and approval of subdivision improvement plans,
lot line adjustments and certificates of compliance.
D. Examining and certifying that final maps are in
substantial conformance to the approved tentative map.
E. The inspection and approval of aubdlvision
improvements. (Ord. 1202 S1(part), 1982).
18-1.202.4. De artment of Plannln and Develo went. The
Department o Plann ng an Development shall be
responsible for the processing of tentative maps and
tentative parcel maps and mergers and also approval
authority for tentative parcel maps involving
consolidation of 4 or leas parcels into one parcel.
(Ord. 1202 S1(part), 1982).
18-1.202.5. Plannin Commission. Except as otherwise
prov de the Plann ng Commies oa shall be responsible for
approving or denying tentative parcel maps and recommend-
ing approval or denial to the City Council for tentative
maps. (Ord. 1202 S1(part), 1982).
Article 3
MAPS REQUIRED
Sections:
18-1.301
18-1'. 302
18-1.303
18-1.304
(Rev. 10 '86)
General--Exclusions.
Division of Land--Five or More-Parcels.
Division of Land--Four or Leas Parcels.
Fees and Deposits.
u ~ ,, ,{ j
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Section 18-1.301. General--Exclusions. The necessity for
tentative maps, Einal maps, and parcel maps shall be
governed by the Subdivision Map Act and the provisions of
this article. Maps are not required for the followings
1) Short-term leases (terminable by either party
on not more than 30 days notice in writing) of a portion
of the operating right-of-way of a railroad corporation
deElned by Section 230 of the Public Utilities Code unless
a showing is made in individual cases, under substantial
evidence, that public policy neceasitatee the application
of such regulations to such short term leases in ouch
individual cases.
2) The financing or leasing of apartments,
offices, stores, or similar space within apartment
buildings, industrial buildings, commercial buildings,
mobile home parks or trailer parka.
3) Mineral, oil or gas leases.
4) Land dedicated for cemetery purposes under the
Health anfl Safety Code.
5) IAt Line adjustments between two or more
existing adjacent parcels, and where a greater or leaser
number of parcels than originally existed. is not thereby
created and provided that the lot line adjustment is
reviewed and approved by the City Engineer, subject to
appeal to tie City Council, within five days of decision.
Said review is limited to a determination of whether or
not the parcels resulting from the lot line adjustment
will conform to the City's zoning and building ordinances
and any conditions imposed thereby shall be limited to
those which are required for conformance to the City's
zoning and building ordinances, or to facilitate the
.relocation of existing utilities, infrastructure or
easements.
b) Boundary line or exchange agreement to which
the-state lands commission or other agency holding a trust
great of tide and submerged lands is a party.
7) Any separate assessment under 2188.7 of the
Revenue and Tax Code.
8) Unless a parcel or final map waa previously
approved by the City, or its predecessor jurisdiction, the
conversion of a community apartment project, or a stock
cooperative to a condominium as further specified in
Government Code Section 66412(9) and (h).
9) The leasing of, or the granting of an easement
to, a parcel of land, or any portion thereof, 1n
conjunction with the financing, erection, and sale or
lease of a wind powered electrical generation device on
the land, if the project is subject to other discretionary
approval by the City.
10) The financing or lensing of any parcel of land
or any portion thereof. in conjunction with the
(Rev. 10 '86)
~~; ~~ ~~~IT A»
~~ dr
construction of commercial or industrial buildings on a
single parcel, unless the project is not subject to review
under the City's ordinance regulating design and,
improvement.
11) The financing or leasing of separate
.,commercial or industrial buildings on a single parcel.
12) The construction, financing or leasing of
..dwelling units of senior citizen housing under. the
provisions of Government Code Section 65852.1 or second
_ units under the provision of Government Code Section
65852.2, but a map shall be required when such unite are
sold, offered for .sale, or otherwise transferred, but not
when leased.
Section 18-1.302. Division of Land--Five or More Parcels.
A tentative map and final maps shall be required for all
subdivisions of land creating flue or more parcels, five
or more condominiums as defined in Section 783 of the
Civil Code, a community apartment project containing five
or more parcels, or for the conversion of a dwelling to a
stock cooperative containing five or more dwelling unite
except where:
A. The land before division contains leas than five
scree. each parcel created by the division abuts upon a
maintained public street or highway and no dedications or
improvements are required by the legislative body: or
8. Each parcel created by the division has a gross area
of twenty acres or more and has an approved access to a
maintained public street or highways or
C. The land consists of a parcel or parcels of land
:having approved accena to a public street or highway which
comprises part of a tract of land zoned for industrial or
.commercial development, and which has the approval of the
governing body ae to street alignments and widthat or D.
Each parcel created by the division has a gross area of
not less than forty acres or is not leas than a quarter of
a quarter section.
A parcel map shall be required for these
subdivisions described in subsections A, e, C, .and D.
(Ord. 1202 S1(part), 1982).
Section 18-1.303. Division of Land--Four or Less Parcels.
A parcel map shall be requ red or all aubd via ons o
land creating four or less parcels. A parcel map shall
not be required for land conveyed to or from a governmental
agency, public entity, public utility, or for land
conveyed to a subsidiary of a public utility for
conveyance to such public utility for rights-of-way,
unless a showing is made in individual cases, upon
substantial evidence,. that public policy :necessitates such
a parcel map.
(Rev. 10 '86)
, . .. ~ .... K... v s--
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The City Engineer may waive the parcel map upon
making a finding that the proposed division of land
complies with city requirements as to area, improvement
and design, flood water drainage control, appropriate
improved public roads, sanitary disposal facilities, water
supply 'availability, environmental protection, and other
requirements of any City ordinance and the Subdivision Map
Adt.
Section 18-1.304. Fees and De sits. All persona
aubm tt nq maps as required by this title shall pay all
fees and/or deposits ae provided by the City's resolution
establishing fees and chargges, or as provided by this
title. (Ord. 1202 $1(part), 1982).
- ~ Article 4
SUBDIVISION MAPS (FIVE OR MORE PARCELS)
Sections:
18-1.401 Tentative Subdivision Maps..
18-1.401.1 Form and Contents.
18-1.401.2 Submittal to Department of
' P!anninq and Development.
' 18-1.401.3 Department of Planning and
Development Review.
'18-15401.4 Planning Commission Action.
18-1'.401.4.1 Notice of Public Hearings.
18-1.401.4.2 Recommending Approval.
"18-1.`401.4.3 Recommending Denial.
~18-1.401.4.4 City Council Review.
`18-1'.401.4.5 Extension of Time for Planning
Commisai r or City Council Action.
- `~18-1.401.5 Expiration and Extension..
`18-1.401.5.1 Expiration.
18-1.401.5.2 Extensions.
18-1.401.6 Amendments to Approved Tentative
Map .
%18-1'.402 Final Maps.
`18-1.402.1 General.
'18-1.402.2 Survey Required.
' 18-1.402.3 Form.
18-1.402.4 Contents.
''18-1'.402.5 Submittal for City Approval.
°18-1.402.5.1 Preliminary Submittal.
'` 18-1.402.5.2 City Engineer's Review.
18-1.402.5.3 Apgroval by the City Engineer.
'18-1'.402.5.4 Approval by the City Council.
18-1.402.5.5 Denial by the-City Council.
(Rev. 10 '86)
cc~~~~~~~~~~ ~~!
18-1.402.5.6 Filing with the County Recorder.
18-1.402.5.7 Submittal by Unics.
Section 18-1.401. Tentative Subdivision MaoB.
18-1.401.1. Form and Contents. The tentative map shall
be prepared n a manner acceptable to the. Department of
Planning and Development, shall be prepared by a
registered civil engineer or licensed surveyor and shall
be accompanied by those data and reports required by the
Department of Planning and Development.
18-1.401.2. Submittal to De artment of Plannin and
Develo went. The tentat ve map shall be cons ere for
1 nq only when such map conforms to Section L8-1.401.1
and when all accompanying data or reports, as required by
the Department of Planning and Development have been
submitted and accepted by the Department of Planning and
Development.
The subdivider shall file with the Department of Planning
and Development the number of tentative maps the Director
may deem necessary. (ord. 1202 ~1(part), 1982).
18-1.401.3. De artment of Plannin and Develo ment
Rev ew. The Department o Plann ng and Development shall
or~ward copies of the tentative map to the affected public
agencies which may, in turn, forward to the Department of
Planning and Development their findings and recommenda-
tions thereon. Public utilities and agencies shall
certify that the subdivision can be adequately served.
Within ten days of the filing of a tentative map, the
Department of Planning and Development shall send a notice
of the filing of the tentative map to the governing board
of any elementary, high school or unified school district
within the boundaries of which the subdivision is proposed
to be located. Such notice shall also contain information
about the location of the proposed subdivision, the number
of unite, density, and .any other information which would
be relevant to the affected school district. Such
governing board may review the notice and may send a
written report thereon to the agency required by law to
approve ouch tentative map. The report shall indicate the
impact of the proposed subdivision on the affected school
district and shall make such recommendations as the
govezning board of the district deems appropriate. In the
event the school district .fails to respond within a ten
day period from receipt of notice of the tentative map,
such failure shall be deemed approval of the proposed
subdivision by the school district. The Planning
Commission shall consider the report from the school
(Rev. 10 '86)
"E%NIBITA"
district in approving or conditionally approving the
tentative map. (Ord. 1202 Sl(part), 1982).
18-1.401.4. Planning Commission Action.
18-1.401.4.1. Notice of Public Hearings. Upon receipt of
a valid•application, the Planning Director shall set the
matter for public hearing. At least ten calendar days
be£oce khe public hearing, he shall cause notice`to be
given of the time, date and place of said hearing
including a general explanation of the matter to be
considered and a general description of the area
affected, and the street address, if any, of the property
involved.
Said notice shall be published at least once 1n a
newspaper of general circulation, published and circulated
in the city.
In 'addition to notice by publication, the City shall give
notice of the hearlnq by mail or delivery to all persona,
including businesses, corporations or other public or
private entities, shown on the last equalized assessment
roll as owning real ..property within three hundred feet of
"the property which is the subject of the proposed changes.
In addition, in the case of a proposed conversion of
residential real property to a condominium project,
.community apartment project or stock cooperative project,
"notice shall be given as required by Government Code
'66451.3.
In add•ltion, notice shall be given by first class mail to
any person who has filed a written request with the
Department of Planning and Development. The .City may
impose a reasonable fee on peraon3 requesting such notice
for the purpose of recovering the cost of such mailing.
Substantial compliance with these provisions therewith to
notice shall be sufficient and a technical failure to
"comply shall not affect the validity of any action taken
pursuant to the procedures set focth in this chapter.
The Planning Commission shall recommend approval,
conditional approval or denial of the tentative map and
shall report its decisions to the City Council and the
subdivider within fifty (50) days after the tentative map
has been filed. (Ord. 1202 S1{part), 1982)..
18-1.401.4.2. Recommend in A royal--Re wired Findin s.
In approv ng or cond t ovally approv ng the tentative
(Rev. 10 '86)
"IXNIBIT A"
subdivision map, the Planning Commission shall find that
the proposed subdivision, together with its provisions for
its design and improvements, is consistent with applicable
general or specific plans adopted by the City of
Cupertino.
The Planning Commission may modify or delete-.any of the
'`conditions of approval recommended in the Department of
Planning and"Development's report, except condittona
required by City ordinance, related to public health and
'safety or standards required by the.C_ity Engineer, or add
additional requirements as a condition of its approval.
If no action is taken by the Planning Commission within
the time limit as specified, the tentative map as filed
shall be deemed to be approved, insofar as it complies
with other applicable provisions of the State Subdivision
Map Act, this title or other City ordinances, and 1t shall
be the duty of the City Clerk to certify the approval.
(Ord. 1202 S1(part}, 1982).
This provision does not apply to condominium projects or
stock cooperatives which consist of the subdivision of
air space in an existing structure unless new ,units are to
be constructed or added.
18-1.401.4.3. Recommendin Denial--U n Certain Pfndin s.
The tentat ve su v s on map may be recommen ed or
denial by the Planning Commission on any of the grounds
provided by City ordinances or the State Subdivision Map
Act.
The Planning Commission shall deny approval of the
tentative map if it makes any of the following findings:
A. T?-at the proposed map is not consistent with
applicable general and specific plane.
B. That the design or improvement of the proposed
subdivision is not consistent with applicable general and
specific plans.
C. That the site is not physically suitable for the type
of development.
D. That the site is not physically suitable for the
proposed density of development.
E. That the design of the subdivision or the proposed
improvements are likely to cause substantial environmental
damage or substantially and avoidably injuce fish or
wildfire or their habitat= provided, however, the City may
approve a tentative subdivision map if an environmental
impact report was prepared with respect to the proposed
subdivision and a finding was made pursuant to 521081(c)
of the Public Resources Code that specific economic,
(Rev. 10 '86)
„EXHiBITA"
social, or other considerations make infeasible the
mitigation measure or project alternatives identified in
the environmental impact report.
F. That the design of the subdivision or the type
of improvements is likely to cause serious public health
problems.
G. That the design of the subdivision or the type of
.improvements will conflict with easements, acquired by the
public at large, for access through or use of, property
within the proposed subdivision. In this connection, the
governing body may approve a map if it finds that
alternate easements for access or for use will be
provided, and that these will be substantially equivalent
to ones previously acquired by the public. This
subsection shall apply only to easements of record or to
easements established by judgment of a court of competent
.jurisdiction and no authority is hereby granted to a
legislative body to determine that the public at large has
acquired easements for access through. or use. of property
'within the proposed subdivision. This provision does not
apply to condominium projects or stock cooperatives, which
consist of the subdivision of air space in en existing
structure unless new unite ate to be constructed or added.
(Ord. 1202 S1(part), 1982).
18-1.401.4.4. Cit Council Review. If a tentative map ie
recommends for approval or en al by the Planning
Commiaaion, the Department of Planning and Development
shall make a written report to the City Council. This
report shall be placed on the City Council agenda at the
next regular meeting following a Planning Commiaaion
meainq, unless the subdivider consents to a continuance.
-The Council may review the map and the conditions imposed
by the Planning Commission. The City Council may deny the
tentative map on any of the grounds contained in Section
18-1.401.4.3.
Any person disagreeing with any action by the Planning
Commission with respect to the tentative subdivision map
may request removal of the item from the City Council
and discuss his concerns at that level. The Council may
sustain, modify, reject or overrule any recommendations or
rulings of the Planning Commiaaion and may make such
findings as are not inconsistent with the provisions of
..this title or the State Subdivision Map Act. (Ord. 1202
S1(pazt), 1982).
18-1.401.4.5. Extension of Time for Planninc Commission
or City Council Action. The time limits set forth above
for acting on the tentative map may be extended by mutual
(Rev. 10 '86)
,t ~~•. .,, rrf
ice/'
consent of the subdivider and the Planning Commission or
the City Council. (Ord. 1202 §1(part), 1982).
18-1.401.5. Expiration and Extension.
18-1.401.5.1. Ex iration. The approval or conditional
approval o a tentat ve subdivision map shall expire
twenty-four months from the date of City Council approval.
An extension to the expiration date may be approved as
provided in Section 18-1.401.5.28
Ths period of time specified shall not include any time
during which a development moratorium to in effect, as
specified in Section 66452.6 of the Subdivision Map Act.
The period of time specified above shall not include any
period of time during. which a lawsuit has been filed or is
pending in a court of competent jurisdiction involving the
approval or conditional approval of a tentative map only
if a stay of the time period is approved by the City
Council. Within ten days of the service of the initial
petition or complaint upon the City, the subdivider shall,
in writing, to the Planning Director, request a stay in
the time period of the tentative map. Wit}~i,~ forty days
after receiving such request, the City Council shall
either stay the time period for up to five years or deny
thee-requested stay. The request for the stay shall be
acted upon after a hearing has been held following notice
to the subdivider.
Notwithstanding any provision to the contrary, a
subdivider who is subject to a requirement of one hundred
thousand dollars ($100,000) or more to construct or
improve or Finance the construction of or improvement of
public improvements outside the bounderiea of the
tentative map, each filing of a :final map authorized by
Government Code Section 66456.1 (multiple final maps),
shall extend the expiration of the approval or
conditionally approved tentative map by 36 months from the
date of its expiration or the date of the previously filed
final map, whichever is later? provided, however, the
extension shall not extend the tentative map more than 10
years-from its approval.
Notwithstanding any provision to the contrary, a tentative
map on property subject to a development agreement
authorized by Government Code Section 65864 et seq. may
be extended for the period of time provided for in the
agreement, but not beyond its duration.
(Rev. 10 '86)
"EXRlBIT A"
Expiration of an approved or conditionally approved
tentative map shall terminate all proceedings and no final
map or parcel map of all or any portion of the real
property included within such tentative map: shall be filed
without first processing a new tentative map. (Ord. 1202
SL(part), 1982).
18-1.401.5.2. Extensions.
A. Re user b Subdivider. The subdivider or his engineer
may request an extens on of the expiration date of the
approved or conditionally approved tentative subdivision
map by written application to the Department of planning
and-Development. The application shall be filed not less
than thirty days before the map is to expire and shall
state the reasons for requesting the extension.
8. Plannin Commission Action. The Planning Director
shall review the request an submit the application for
the extension, together with a report, to the Planning
Co~misaion for approval or denial. A copy of the Planning
D+. actor's report shall be forwarded to the subdivider
prior to the Planning Commission meeting on the extension.
The resolution adopted by the Planning Commission
approving an extension shall specify the new expiration
date of the tentative subdivision map. If the Planning
Commission denies a subdivider's application for
..extension, the subdivider may appeal to the City Council
within fifteen days after denial.
C.- Time Limit of Extension. The approved extension shall
not exceed one extension o a maximum of twelve months.
.(Ord.-.1202 51(part), 1982).
18-1-401.6. Amendments to A roved Tentative Ma Minor
changes in the tentative map may be approve by the
Director of the Department of Planning and Development
upon-application by the subdivider or on its own
initiative, provided:
A. No lots, units or building sites are added.
8. Such changes are consistent with the intent and spirit
of the original tentative map approval.
C. There are no resulting violations of tha City of
Cupertino Municipal Code.
Any zevision shall be approved by the Planning. Director
and .the City Engineer. The amendment shall be indicated
on-the approved map and certified by the Planning Director
and. the City Engineer.
Amendments of the tentative map other than minor shall be
presented to the Planning Commission for approval.
(Rev. 10 '86)
``~~~~~~iTp„
Processing shall be in accordance with Sections 18-1.401.3
and 18-1.401.4.
Any approved amendment shall nat alter the expiration date
of the tentative map. (Ord. 1202 SL(part), 1982).
Section 18-1.402. Final Maps.
18-1.402.1. General. The form contents, accompanying
data, the filing of the final map shall conform to the
provisions of this chapter.
The final map shall be prepared by or under the direction
of a registered civil engineer or licensed land surveyor.
(Ord. 1202 S1(part), 1982).
18-1.402.2. Survey Required. An accurate and complete
survey of-the land to be subdivided shall be made by a
registered civil engineer or licensed land surveyor. All
monuments, property lines, centerlines of streets, alleys
and easements adjoining or within the subdivision shall be
tied into the survey. The allowable error of closure on
any portion of the final map shall not exceed one part in
ten thousand for field closures and one part of twenty
thousand for calculated closures.
At the time of making the survey for the final map, the
engineer or surveyor shall set sufficient durable
monuments to conform with the standards described in
Section 8771 of the Business and Professions Code so that
another engineer or surveyor may readily retrace the
survey. At least one exterior boundary line shall be
monumented prior to recording the final map. Other
monuments shall be set as required by the City Engineer.
Within five days after the final setting of all monuments
has been completed, the engineer or the surveyor. shall
give written notice to the subdivider, and to the City
Engineer, that the final monuments have been set.
18-1.402.3 Form. The form of the final map shall conform
to the Subd v aeon Map Act and as provided herein.
The final map shall be legibly drawn, printed or
reproduced by a process guaranteeing a permanent record in
black on tracing cloth or polyester base film.
Certificates, affidavits and acknowledgments may be
legibly stamped or prir.•_ed upon the map with opaque ink.
If ink is used on polyester base film, the ink surface
shall be coated with suitable substance to assure
permanent legibility.
(Rev. 10 '86)
"~H1SIT A"
The size of each sheet shall be eighteen by twenty-six
inches. A marginal line shall be drawn completely around
each sheet, leaving an entirely blank margin of one inch.
The scale of the map shall be not less than one inch
equals one hundred feet or as may be necessary to show all
detnila clearly, and enough sheets shall be used to
accomplish this end. -The particular number of the sheet
and the total number of sheets comprising the map shall be
stated on each of the sheets, and its relation to each
adjoining sheet shall be clearly shown. When four or more
sheets including the certificate sheet are used, a key
sheet will be included.
All printing or lettering on the map shall be of
one-eighth inch .minimum height and of such shape and
weight as to be readily legible on prints and other
reproductions made from the original drawings.
The final form of the final map shall be approved by the
City Engineer. (Ord. 1202 S1(part), 1982).
18-1.402.4. Contents. The eontenta of the final map
shall conform to the Subdivision Map Act and as provided
herein.
A. Bounder The boundary of the subdivision shall be
deaigna~y a heavy black line in such a manner as not
to obliterate figures or other data.
B: Title. Each sheet shall have a title showing the
subd~fon number and name and the location of the
property being aubdlvided with reference to maps which
have-been previously zecorded, or by reference'to the plat
of a United States Survey. The following words shall
appear in the title, "in the City of Cupertino."
C. Certificates. The following certificates shall appear
only once on the cover sheet.
1. Owner's Certificate. A certificate, signed and
acknowledge y all part es having record title interest
in the land aubdlvided, excepting those parties having
rights-of-way, easements, or other interest which cannot
ripen into a fee, or exceptions provided by the
Subdivision Map Act and consenting to the preparation and
recordation of the map and offering for dedication to the
public certain specific parcels of land.
2. Trustee's Certificate. A certificate, signed
and acknowle qe y any trustees of record at the time of
City Council approval of the final map, consenting to the
recording of the map and any offers of dedication.
3. Engineer's Certificate. A certificate by the
engineer or surveyor responsible for the survey and final
map shall appear on the map. The certificate shall glue
the date of the survey, state that the survey and final
(Rev. 10 '86)
"iXNIBITA"
map were made by or under the direction of the engineer or
surveyor, and that the survey is true and complete as
shown.
The certificate shall also state that all the monuments
are of the character and occupy the positions indicated,
or that they will be set in such 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.
The certificate shall state that the map complies to the
Subdivision Map Act and the provisions of this title.
4. C1t En ineer's Certificate. A certificate by
the City Eng Weer star ng that the map has been examined
and that it is in accord with the. tentative map and any
approved alterations thereof, complies with the
Subdivision Map Act of the State and the provisions of
this title, and is technically correct.
5. Plannin Commission Certificate. A certificate
by the secretary of the Planning Comm sa on stating that
the tentative map was approved by resolution of the
Planning Commission. The date and number of the
resolution shall appear in the certificate.
6. Cit Clerk's Certificate. A certificate for
execution by the C ty Clerk stat ng the date and number of
the_reaolution adopted by the City Council approving the
-, final:.map and stating that the City Council accepted,
;,subjoct to improvement or rejected on behalf of the
public, any real property offered for dedication for
public use in conformity with the terms of the offer of
dedication.
7. Certificate of Soils and Geologic Report. When
a so11s report, a geologic report, or soils and geologic
reports have been prepared specifically for the
subdivisions, such fact shall be noted on the final map,
..together with the date of such report or reports, and the
- name of the engineer making the soils report and geologist
making the geologic report and the location where-the
..reports are on file. The certificate shall read, "A soils
and/or geologic report for Subdivision No. *** was
prepared by me or under my direction and was filed with
the City on *'* date."
8. Count Recorder's Certificate. A certificate
to be execute by t e County Recor er stating that the map
has been accepted for filing; that the map has been
(Rev. 10 '86)
~~''s i1a~~ ~~~
~j~~ ~~
examined and that it complies with the provisions of State
laws and local ordinances governing the filing of final
maps.
.The certificate shall show who requested the filing of the
map, the time and date the map was filed and the book and
page where the map was filed.
9. Scale, North Point and Basis of Bearings.
There must appear on each map sheet the scale. the north
point and the basis of bearings based on Zone 3 of the
California Coordinates, and khe equation of the bearing to
true north. The basis of bearings shall be approved by
the City Engineer.
E. Linear, Angular and Radial Data. Sufficient linear,
angular, and radial data shall be shown to determine the
bearings and lengths of monument lines, street
centerllnes, the boundary lines of the subdivision and of
the-boundary lines on every lot and parcel of the
.subdivision and ties to existing monuments used to
establish the boundary. Length, radius and total central
angle or radial bearings of all curves shall be shown.
Ditto marks shall not be used in the dimensions and data
shown on the map.
F. Monuments. The location and description of all
exist nod-proposed monuments shall be shown. Standard
..City: monuments shall be set at (or from offsets as
approved by the City Engineer) the following locationas
1. The lntarsection of street centerlines.
2. Beginning and end of curves in centerlines.
3. At other locations as may be required by the
City Engineer.
`~(3. Lot Numbers. Lot numbers shall begin with the number
1 in each subdivision and shall continue consecutively
with no omissions or duplications except where contiguous
lands, under the same ownership, are being subdivided in
successive units, in which event lot numbers may begin
wikh the next consecutive number following the last number
in the preceding unit. Each lot shall be shown entirely
on one sheet of the final map, unless approved by the
City Engineer.
H. Adjoining Properties. The adjoining corners of all
adjoin n~ q subd~viaions shall be identified by subdivision
number, or name when not identified by offtcial number,
and reference to the book and page of the filed map
showing such subdivision; and, if no ouch subdivision is
adjacent, then by the name of the owner and reference to
the recorded deed by book page number for the last
recorded owner of such adjacent property.
I. Cit Boundaries. City boundaries which cross or join
the subd v a ons shall be clearly designated.
(Rev. 10 '86)
"EXHIBIT A„
i •
J. Street Names. The'namea of all streets, alleys or
highways within or adjoininy the subdivision shall be
shown.
K.' Easements. Easements for roads or streets, paths,
storm water drainage, sanitary sewers, energy utilities
and/or public utilities, water utilities, or-other public
use as may be required, shall be dedicated to the public
-.for .acceptance by the City or other public agency, and the
use shall be specified on the map. If at the time the
final map is approved, any streets, paths, alleys or storm
drainage easements are not accepted by the City Council,
the offer of dedication shall remain open and the City
Council may, by resolution at any later date, accept and
open the streets, paths, alleys or storm drainage
easements for public use, which acceptance shall be
recorded in the office of the County Recorder.
All easements of record shall be shown on the map,
together with the name of the grantee and sufficient
recording data to identify the conveyance, e.q.,
recorder's aerial number and date, or book and page of
official records.
Easements not disclosed by the records in th• office of
'the County Recorder and found by the surveyor or engineer
to ba existing, shall be specifically designated on the
map, identifying the apparent dominant tenements for which
the easement was created.
The'aideiinea of all easements of record shall be shown by
dashed lines on the final map with the widths, lengths
and bearings of record. The width and location of all
easements shall be approved by the City Engineer.
'The City Engineer shall accept any dedications lying
outside the subdivision boundary which require a separate
grant deed. The acceptance shall be recorded in the
office of the County Recorder. (Ord. 1202 S1(part), 1982).
18-1.402.5. Submittal for City Approval.
18-1.402.5.1. Preliminar Submittal. The subdivider
ahal au m t our seta o pr nts o the final map to the
City Engineer for checking. The preliminary prints shall
be accompanied by two copies of the following data, plans,
reports and documents in a form as approved by the City
Engineer:
A. Improvements Plana. Improvement plans as required by
Section 18-1.806 of this title.
(Rev. 10 '86)
"IXHiBITA"
• i
B. Soils Report. A soils report prepared in accordance
with Chapter 9, Title 4 of the City of Cupertino Municipal
Code.
C. Titls Re rt. A title report showing the legal owners
at the t me o submittal of the Final Map.
D. im rovement Bond Estimate. The improvements bond
....estimate shall nclude all mprovements within public
2ighta-of-way, easements, or common areas and utility
trench backfill se provided by the developer, except for.
those utility facilities installed by a utility company
under the jurisdiction of the California Public Utilities
Commission.
E. Deeds for Easements or Ri his-of-wa Deed for
easements or r ghts-o -way required or road or drainage
purposes which have not been dedicated on the final map.
Written evidence acceptable to the .City 1n the form of
rights of entry or permanent easements across private
property outside of the subdivision permitting or granting
.access to perform necessary construction work and
permitting the maintenance of the facility.
F. Joint Use of Right-of-Way Agreement. Agreements,
acceptable to the City, executed by all owners of all
utility and other easements within the proposed
rights-of-way consenting to the joint use of the
rights-of-way, ae may be required by the City for public
use and convenience of the road shall be required. These
owaera shall join in the dedication and subordinate their
rights to the right of the public in the road.
c3. .Traverse Closures. Traverse closures for the boundary
blocks, lots, easements, street centerlines and monument
lines.
. The error of field closures in the traverse around the
subdivision and around the interior lots or blocks shall
not exceed one part in twenty tho~isand.
H. H drolo and H draulic Calculations. Complete
hydrology an by raul c calculations o all storm drains.
I. Organisation Documents. The submittal of the final
map or parcel map aha~nclude the proposed declaration
of covenants, conditions and restrictions, and all other
organizational documents for the subdivision in a form as
prescribed by Section 1355 of the Civil Coda of the State
of California. All documents shall be subject to review
by .the City Engineer and City Attorney.
3. Any additional data, reports or information as
required by the City engineer. (Ord. 1202 $1(part),
1982).
18-1.402.5.2. Cit En ineer'e Review. The City Engineer
shall rev ew the anal map an the aubdivider's engineer
or surveyor shall make corrections and/or additions until
(Rev. 10 '86)
bs~~~1T A„
the map is acceptable to the City Engineer. (Ord. 1202
$1(part), 1982).
18-1.402.5.3 A royal b the Cit En inter. Upon receipt
o an approved pr nt, the aubd eider ahal aubmtt the
.original tracing of the revised map, prepared in
accordance with the Subdivision Map Act and this title and
corrected to its final formr and signed by all parties
required by the Map Act and this title to execute the
certificates on the map, to the City Engineer.
The City Engineer and Planning Director shall sign the
appropriate certificates and transmit the original to the
Cfty Clerk. (Ord. 1202 S1(part), 1982).
18-1.402.5.4. A royal b Cit Council. The final map,
...:upon approval by the C ty Engineer and Planning Director,
-.together with the subdivision improvement agreement, shall
be placed on the Council agenda for their approval. The
City Council shall consider the final map for approval
within ten days after filing with the City Clerk, or at
its next regular meeting at which it receives the map,
whichever is later. The City Council shall have approved
the subdivision improvement agreement before approving the
final map.
If the subdivision improvement agreement and final map are
approved by the City Council, it shall instruct the Mayor
to execute the agreement on behalf of the City. If the
subdivision improvement agreement and/or final map is
unacceptable, the Council shall make their recommended
corrections, instruct the City Engineer to draft a new
agreement and/or revise the final map and defer approval
.until an acceptable agreement and/or final map has been
resubmitted. (Ord. 1202 S1(part), 1982).
18-1.402.5.5. Denial b the Cit Council. The City
Counc 1 shall deny approval o the anal map upon making
-any of the findings contained in Section 18-1.401.4.3 of
this title.
The City Council shall not deny approval of the final map
if it has previously approved a tentative map for the
proposed subdivision and if it finds that the final map is
in substantial compliance with the previously approved
tentative map.
18-1.402.5.6. Filin with the Count Recorder. If the
f nal map s not subject to 66493 of the Government Code
...(relating to security for taxes and special seseaaments
not yet payable), upon approval by the City Council and
(Rev. 10 '86)
°`EA~Il811 A,•
N
receipt of the improvement security by the City Engineer,
the City Clerk shall execute the appropriate certificate
on the Certificate sheet and forward the map, to the
County Recorder. If a final map is subject to 566493 of
the Government Code the City Clerk shall forward the map
to the Clerk of the Board of Supervisors for processing
,.,under the provisions of S66464(b) of the Government Code.
18-1.402.5.7. Submittal b Units. Multiple final maps
,,relating to an approved or coed tionally approved
.tentative map may be filed prior to the expiration of the
.tentative mapp provided, however, that the subdivides, at
the time the tentative map is filed, informs the Planning
Director of the subdivider's intention to file multiple
final maps on the tentative map. In providing such notice
the subdivider shall not be required to define the number
and general configuration of the proposed units. The
filing of a final map on a portion of an approved or
conditionally approved tentative map shall not invalidate
.any .part of the tentative map.. Each final map which
constitutes a part, or unit, of the approved .tentative
improvement agreement to be executed by the subdivider
shall provide for the construction of such improvements as
may be required to constitute a logical and orderly
.development of the whole subdivision by units. (Ord. 1202
S1(part), 1982).
Article 5
PARCEL MAPS (FOUR OR LESS PARCELS).:,
Sections:' ,
18-1.501- Tentative Parcel Map.
18-1.501.1 Form and Content.
18-1.501.2 Submittal to Department of Planning and
,18-1.501.3
18-1.501.4
18-1.501.5
18-1-501.6
18-1-501.7
18-i-501.7.1
18-1.501.7.2
18-1.502
18-1.502.1
18-1.502.2
18-1.502.3
18-1.502.4
18-1.502.5
18-1.502.6
(Rev. 10 '86)
Development.
Review and Notice of Public Hearings.
Recommending Approval - Required Findings.
Denial.
Appeals of Planning Commission .Actions.
Expiration and Extensions.
Expiration.
Extensions.
Parcel Mapa.
General.
Survey Required.
Form.
Contents.
Preliminary Submittal.
Review by City Engineer.
"~r~~~1T A„
M
18-1.502.7 Approval by City Engineer.
18-1.502.8 Filing with the County Recorder.
18-1.502.9 Waiver of Parcel Map Requirements.
Section 18-1.501. Tentative Parcel Ma
18-1.501.1. Form and Content. The tentative parcel map
shall be clearly and leg bly drawn on one cheek in a
manner acceptable to the Department of Planning and
Development, shall be prepared by a registered civil
engineer or licensed land surveyor, and shall contain such
information as required by the Department of Planning and
Development.
18-1.501.2. Submittal to Department of Planning and
Development. Any pecson making a division of land for
which a parcel map is required shall, in accordance with
the provisions of this article, file an application,
together with copies of the map, plan checking deposits
and review fees as may be required. (Ord. 1202 SI(part),
1982).
18.1.501.3. Review and Notice of Public Hearin a. Upon
rece pt o a val appl cat on by the Depa:tm.:nt of
Planning and Development, the Planning Director shall set
the matter for public hearing. At least ten calendar days
before the public hearing, he shall cause notice to be
given of the time, date and place of said hearing
including a general explanation of the matter to be
considered and a general description of the area
affected, and the street address, if any, of the property
involved.
Said notice shall be published at least once in a
newspaper of general circulation, published and circulated
in the City.
In addition to notice by publication, the City shall give
notice of the hearing by mail or delivery to all persona,
including buslnessea, corporations or other public or
private entities, shown on the last equalized aaseasment
roll as owning real property within three hundred feet of
the property which is the subject of the proposed change.
In addition, in the case of a proposed conversion of
residential real property to a condominium, community
apartment or stock cooperative project, notice shall
be given as required by Section 66341.3 of the Subdivision
Map Act.
(Rev. 10 '86)
"EXHIBIT A••
M
M
In addition, notice shall be given by first class mail to
any person who has filed a written request with the
Department of Planning and Development. The City may
impose a reasonable fee on persons requesting such notice
for the purpose of recovering the coat of such mailing.
Substantial compliance with these provisions therewith to
notice shall be sufficient, and a technical failure to
comply shall not affect the validity of any action taken
pursuant to the procedures set forth in this article.
The Planning Commission shall approve or deny the
tentative parcel-map within Eifty days after the tentative
:parcel map has been accepted for filing.
If no action is taken by the Planning Commission-within
the time limit as specified, the tentative map as filed
shall be deemed to be approved, insofar as it complies
with other applicable provisions of the State'9ubdivision
Map Act, this title and other ordinances, and it shall be
the duty of the City Clerk to certify the approval.
(Ord. 1202 S1(part), 1982).
18-1.501.4. Recommendln A royal - Re wired Findln a.
- In approv ng or con tonally approving the tenter ve
parcel map, the Planning Commission shall find that the
pcopoaed subdivision, together with its provisions for its
design and improvements, is consistent with applicable
general or specific plans adopted by the City of Cupertino
and designed for future passive solar in accordance with
aovsrnment Code Section 66473.1.
The Planning Commission may modify or delete any of the
...conditions of approval recommended in the Department of
Planning and Development's report, except conditions
required by City ordinance, related to public health and
safety or standards required by the City Engineer, or
impose additional requirements ae a condition of approval.
(Ord. 1202 S1(part), 1982).
18-1.501.5. Denial. The tentative parcel map may be
en a y the Planning Commission on any of the grounds
provided by City ordinance or the State Subdivision Map
Act.
The .Planning Commission shall deny approval of the
tentative parcel map iE it makes any of the following
findingss
A. That the proposed map is not consistent with
applicable general and specific plane.
(Rev. 10 '86)
~t~~,~a~1 '~ e
N M
B. That the design or improvement of the proposed
subdivision is not consistent with applicable general and
specific plane.
C. That the elte is not physically suitable for the type
Of development.
D. That the design of the subdivision or the proposed
,improvements is likely to cause substantial environmental
:.damage or substantially and avoidably injure fish or
wildlife or their habitat.
E.- That the design of the subdivision or the type of
improvements is likely to cause serious public health
problems.
F. That the design of the subdivision or the type of
improvements sill conflict with easements, acquired by the
public at large, for access through or use of, property
within the proposed subdivision. In this connection, the
-Planning Commiaeion may approve a map if it finds that
alternate easements for access or for use will be
provided, and that these will be substantially equivalent
to ones previously acquired by the public. (Ord. 1202
S1(part), 1982).
18-1.501.6. Aooeals of Plannlna Commiaeion Actions.
18=L.501.6.1. A peals. Any interested person adversely
a ecte by any action by the Planning Commission with
respect to the tentative map may, within 10 days of the
Planning Commission's decision, appeal such action to the
City Council in accordance with Section 18-1.501.6.2.
If an appeal is not filed, the Planning Commission's
decision shall be final. (Ord. 1202 S1(part), 1982).
18-1.501.6.2. Procedure. Within 10 days of the Planning
Comm aaion decision, a written appeal shall be filed with
the City Clerk. The City Council shall consider the
appeal within thirty days. This appeal shall be a public
hearing with notice being given pursuant to Section
18-1.401.4.1 and with additional notices to be given to
the subdivider and to the appellant. Upon conclusion of
the public hearing the City Council shall within 7 days
declare Its findings. The City Council may sustain,
modify, reject, or overrule any recommendations or rulings
of the~Planning Commission and may make such findings as
are not inconsistent with the provisions of this title or
the State subdivision Map Act. (Ord. 1202 S1(part), 1982.
18-1.501.7. Expiration and Extensions.
18-1.501.7.1. Ex iration. The approval or conditional
approval of the tentat ve parcel map shall expire
(Rev. 10 '86)
"~YNIBIT A"
M M
twenty-four months from the date of its approval and shall
be governed by the provisions of 566452.6 of the
Government Code relating to lawsuits and development
moritoriuma and shall otherwise be governed by the
.provisions of 1B-1.401.5.1 of this Title.
The expiration of the approved or conditionally approved
tentative parcel map shall terminate all proceedings and
no parcel map of all or any portion of the real property
included within such tentative parcel map shall be filed
without first processing a new tentative parcel map.
;(Ord. 1202 S1(part), 1982.
18-1.501.7.2. Extensions.
A. Request by Subd v der. The subdivider or his engineer
may request an exten~on of the expiration date of the
approved or conditionally approved tentative map by
written application to the Planning Director. The
application shall be filed not less than thirty days prior
to the expiration date and shall state the reasons for
requesting the extension.
H. Planning Commission Action. A copy of the Planning
Director a report shall be forwarded to the subdivider
prior to the Planning Commission meeting on the extension.
The resolution adopted by the Planning Commission
.approving an extension shall specify the new expiration
date of the tentative subdivision map.
C. Time Limit of Extension. The extension shall not
exceed twelve months. (Ord. 1202 S1(part), 1982.
Section 18-1..502. Parcel Maps.
18-1.502.1. General. The form and contents, submittal,
approval and 1 ng of pazcel maps shall conform to the
;provisions of Sections 18-1.502.1 through 18-1.502.9 and
.the State Subdivision Map Act. (Ord. 1202 S1(part), 1982.
18-1.502.2. Surve Re uired. An accurate and complete
survey o the land to be subdivided shall be made by a
registered civil engineer or licensed land surveyor. All
monuments, property lines, centerlines of streets, alleys
and easements adjoining or within the subdivision shall be
tied into the survey. The allowable error of closure on
any portion of the parcel map shall not exceed one part in
ten thousand for field closures and one part in twenty
thousand for calculated closures. (Ord. 1202 S1(part),
1982.
18-1.502.3. Form and Contents. The form and contents of
t e parcel map shall con orm to final map form and con-
(Rev. 10 '86) ~t~___.,, -,~~sJJ. .15fE
M N
tent requirements as specified by Section 18-1.402 of this
title and as modified herein. (Ord. 1202 S1(part), 1982.
Certificates shall be in accordance with Section 66449 of
the Government Code with the addition of the trustee's
certificate according to Section 18-1.402 (C).
Lots shall be designated by letters commencing with A.
(Ord. 1202 51{part), 1982.
18-1.502.5. Preliminar Submittal. The subdivider shall
au m t three sets o prints o the parcel map to the City
Engineer for checking. The preliminary prints shall be
accompanied by two copies of the data, plans, reports and
documents as required for final maps by section
18-1.402.5.1 "Preliminary Submittal," and as modified
herein.
The City Engineer may waive any of the requirements upon
finding that the location and nature of the proposed
subdivision is such as not to necessitate compliance with
the requirements of Section 18-1.402.
Any additional information or documents required shall be
ae specified with the conditions of approval of the
tentative map. (Ord. 1202 S1(part), 1982.
18-1.502.6: Review b Cit En sneer. The City Engineer
shall rev ew the parcel map an the subdivider's engineer
shall make corrections and/or additions until_tha map is
acceptable to the City Engineer. (Ord. 1202 S1(part),
1982.
18-1.502.7. A royal b Cit En sneer. Upon receipt of
an approve pr nt, the sub v er s all submit the
original tracing of the revised map, prepared in
accordance with the Subdivision Map Act and this title and
corrected to its final form, and signed by all parties
required by the Map Act and this title to execute the
certificates on the map, to the City Engineer. {Ord. 1202
S1(part), 1982.
18-1.502.8. Filina with the County Recorder. The City
Clark or authorized agent shall transmit the approved
parcel map directly to the County Recorder. (Ord. 1202
S1(part), 1982.
18-1.502.9. Waiver of Parcel Map Requirements. The City
Engineer, upon concurrence of the Planning Director, may
waive the parcel map requirement for division of real
property or interests therein created by probate, eminent
(Rev. 10 '86)
Gf'"?'3E!~. 11
~r~~~T A
domain procedures, partition, or other civil judgments or
decrees.
Upon waiving the parcel map requirement, a plat map, in a
form as required by the City Engineer shall be required
for lot Line adjustmeata, mergers, certificates of
compliance and parcel map waivers.
Upon waiving the parcel map requirement, the City Engineer
shall also cause to be filed with the County Recorder a
"Certificate of Compliance" for the Land to be divided.
_ A paresl map waived by the City Engineer may be
:conditioned to provide for payment of oarkland, drainage,
and other fees as required by. City ord aances or
resolutions. (Ord. 1202 S1(part), 1982.
Article 6
DEDICATIONS AND RESERITATIONS
Sections:
18-1.601 Dedication of Streets, Alleys,
and Other Public Rights-of-w3~•
or Easements.
18-1.602 Park Land Dedication.
1$-L.602.1 Purposes.
18-1.602.2 Requirements.
-18-1.602.3. General Standard.
- ~ 18r1.602.4 Standards and Formula for Dedication
of Land.
_---18-1:602.5 Pormula.for Fees in Lieu of Land '
Dedication.
18-1.602.6 Criteria for Requiring both Dedication
and Fee.
18-1.602.7 Amount of Fee in Lieu of Park Land
Dedication.
18-1.602.8 Subdividers not Within General Plan.
18-1.602.9 Determination of Land or Fse.
18-1.602.10 Credit for Private Recreation or
Opsn Space.
18-1.602.11 Procedure.
18-1.602.12 Commencement of Development.
18-1.602.13 Nonresidential Subdivisions.
18-1.603 School Site Dedication.
18-1.603.1 General.
18-1.603.2 Procedure. ~'=
18-1.603.3 Payments to Subdivider for School Site
Dedication.
18-1.603.4 Exemptions.
18-1.604 Reservations.
(Rev. 10 '86)
~~~~~~~~T A„
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18-1.604.1 Generally.
18-1.604.2 Stardartls for Reservation of Lard.
18-1.604.3 Provedtia'e.
18-1.604.4 Payment to Subdivider.
18-1.604.5 T~erminatian.
18-1.605 Waiver of Direct Street Access.
Section 18-1.601. pgrl{ ca!' i er Of Streets, Al1ey~and Other Pula i c
Riahts-of-wav or Fa+~+s*±*4. As a mcdition o! appx+aval Of a firtial sap or
Pam ~P. the subdivider shall dedicate ar make an irrevocable offer of
dedication of all partoala of land within the subdivision that era needed
!ar streets and alleys, including access riots artd abutters' rights;
drainage; public utility easements; bicycle paths, transit facilities,
solar access eas ements, park land, fire stations, libraries, access to
public rescurroes and Other public easements as requited.
Improvements shall be in axozdanoe with Article 8 of this title. (Ord.
1202 A(part), 1982).
s.~r_ie~, 18-1.602.1 Park Land Dedication.
18-1.602.1 PurflOSe. Thin section is enacted pursuant to the atrtYyority
granted by the Business and Prolesaicns code o! the State of California.
The park and recreational facilities !ar whirls dedication o! land and/or
payment o! a fee is rec~rirsd by thin article are in aocardartoe with the
open space and oosss~etvation element of the adopted General Plan of the
City of Cupeztirto, artd any am~nerrts thereto (02d. 1202 fil(pnrt) , 1982) .
18-1.602.2. Rern~i~*R. As a OoiditiOn of apptwai of a linal
subdivision map ar parcel map. the subdivider shall dedicate lard, pay a
fee in lieu thereof, as both, as the Option o! the City, !or park or
tecreation:sl purposes at the time aril according t0 the afwrr9arr9a and
formula contained in this article. (Orii. 1202 91 (part), 1982).
Tlss prwisiats o! the article era not applicable to the follOwittq lard use
categories.
A, ~+i>,1 Or irrfi~atri>at Subdivisions.
e. Cbndaninisan projects ar atoc3c cooperations whic3s consist o! the
subdivision of air space in an existing apns~arrt building which is
mars than rive year>a old when rto rssw dwelling units ar+e added.
C. Corrvalesoeast hospitals and similar dependent care facilities.
18-1.602.3. General Stardani. ZZsa public interest, oonvanienoa, health,
welfare and safety require .that three acres of property far each one
t2~ousard persons be devoted tar rrsigtrborhooct park a~ recreational
P~P~
(Rev. 10 '86)
M M
and two and one-half aches of property for each one thousand persons
residitr~ in the City be devoted toward oceanunity park and r~ecreatioral
ptu~poses, with the .emulative staixiard of five and five-tenths acres of
pLCQarty Poe each cne thousand persons. (ortl. 1202 B1(part), 1982).
18-1.602.4. Standa2Ll4 and 1 r Prn- nerli rat i nn nr Twtrl _
FII~er+a a park or recreational facility has been designated in the open
epaoe and oonsezvatian element o! the General Plan of the City, and is to
be located in whole or In part within the proposed subdivisiwz to serve
the imaediate and future need of the residents of the subdivision, the
subdivider shall dedicate land for a local park sufficient in size arxi
topography to serve the residents of the subdivision. The subdivider
shall provide park lands as related to the need far a neighborhood park
and therefore, the formui,a for dedication of park land !or residential
development should be based upon three acres of park land per one thaisattd
persar:s.
Zhe formrla for deter~aiining acreage to be dedicated shall be as follows:
Average cumber of Parsam/th:it
1,000 Fbpulatlon
Fxangle for single-family DU: ~,,~ X ~_ ~ 0.0105 ac/U
1,000
4he following table of populaticn density is to be followed:
~:, Pmrk_Zarxi Dadicaticn Formila Tabl®
Average
Average Requir+emerit,/DU,
Density ?ta:sehold Based m 3-
Zypgg of Dwallirras W/acre Siza/W acre Standard
33r1g1e-Family 0-5 3.5 .0105
`" Dup18X, medium low 5-10 2.0 .0060
Cluster, medium 10-20 2.0 .0060
Cluster, medium high 20t 1.8 .0054
Apartments 10+ 1.8 .0054
Elderly Housirr3* All ranges 1.0 .0030
In the event apartamit-zoned lard is subdivided, the park land dedication
formula shall be applied as rgl.ated to the maxitnan cumber of units
permitted by the zoning classitication of the property. (ord. 12oz
A(part) , 1982) .
* A project which is oo~pied by an elderly household as defined in
Section 50067 of the Health and Safety Gods.
N M
18-1.602.5. Formula for Fees in Lieu of Land Dedication.
A. General Formula. If there is no park or recreational
facility eaignated in the open space and conservation
element of the General Plan to be located in whole or in
part within the proposed subdivision to serve the
immediate and future needs of the residents of the
aubdivieion, the subdivider shall, in lieu of dedicating
land,-pay a fee equal to the value of the land prescribed
for dedication in Section 18-1.602.7, such fee to be used
for a local park which will serve the residents of the
urea being subdivided.
B. Fees In Lieu of Land--Fift Parcels or Less. If the
propose subdivis on contains i ty peace s or less, the
subdivider shall pay a fee equal to the land value of the
.portion of the local park required to serve the needs of
.the residents of the proposed subdivision as prescribed in
Section 18-1.602.4 and in an amount determined in
accordance with the provisions of Section 18-1.602.7.
C. Use of Money. The money collected hereunder shall be
paid to the treasurer of the City or his authorized agent.
Said money shall be placed in a special revenue fund which
is hereby created and which shall be known as the park
dedication in-lieu taz fund. Moneys within this fund
shall be used and expended solely for the acquisition,
improvement, expansion or implementation of parka and
recreational facilities reasonably related to serving said
subdivision by way of the purchase of necessary land, or,
if the City Council deems that there 1a sufficient land
available for said subdivisions, then secondly said moneys
shall be used for tmproving such land for park and
recreational purposes. (Ord. 1202 S1(part), 1982).
18-1.602.6. Criteria for Requiring both Dedication and
Fee. In subdivisions of over fifty parcels, the
'su~idivider shall both dedicate Land and pay a fee in lieu
thereof in accordance with the following formula:
A. When only a portion of the land to be subdivided is
proposed 1n the open space and conservation element of the
General Plan as the site for a local park, such portion
shall be dedicated for local park purposes and a fee
computed pursuant to the provisions of Section 18-1.602.7
shall be paid for any additional land that would have been
required to be dedicated pursuant to Section 18-1.602.4.
B. When a major part of the local park or recreational
site has already been acquired by the City and only a
small portion of land is needed from the aubdivieion to
complete the site, such remaining portion shall be
dedicated and a fee computed pursuant to the provisions of
Section 18-1.602.7 shall be paid in an amount equal to the
value of the land which would otherwise have been required
to be dedicated pursuant to Section 18-1.602.4, such fees
to be used for the improvement of the existing park and
(Rev. 10 '86)
C' ,~ ~„ ,~
r ~. ~.::~.: ~ ,
recreational facility or for the improvement of other
local parks and recreational facilities in the area
serving the subdivision. (Ord. 1202 Sl(part), 1982).
18-1.602.7. Amount of Pee in Lieu of Park Land Dedication.
When a fee is required to be paid in lieu park land
dedication, the amount of such fee shall be based upon the
:fair market value of the_land which would otherwise be
required to be dedicated pursuant to Section 18-1.602.4.
The fee shall be paid pursuant to the provisions contained
in Section 18-1.602.11. At the time of tha filing of the
Final subdivision map for approval,. the Director of Public
Works shall, in those cases where, a fee in lieu of
dedication is required either in ~•:hole or in part,.
determine the fair market value of the land in the
-proposed subdivision, and this determination. ahall'be used
in calculating the fee to be paid. If a subdivider
objects to the fair market value determination, he may at
his own expense, obtain an appraisal of the property by a
qualified real estate appraiser approved by the City,
which appraisal of fair market value may be accepted by
.the City Council, if found reasonable. Alternatively, the
City and the subdivider may agree ae to the fair market
:value. (Ord. 1202 jl(part), 1982).
18-1.602.8. Subdivisions not Within General plan. Where
the proposed aubd vis on lies w thin an area not then but
to-be included within the City's General Plan, the
subdivider shall dedicate land, pay a fee in lieu thereof,
or both, 1n accordance with the adopted park and
recreational principles and standards of the City'a
-.General Plan and in accordance with the provisions of this
article. (Ord. 1202 S1(part), 1982).
1 8-1.602.9. Determination of Land or Fee. If the
relationsh p between a pcopoaed subdivision containing
fifty parcels or more and the open space and conservation
element is unclear, the City Council shall determine
whether it accepts land dedication or elects to require
payment of a fee thereof, by consideration of the
followings
A. Topography, geology, access and location of land in
the subdivision available for dedication;
H. Size and shape of the subdivision and land available
for dedication;
C. Feasibility of dedication;
D. Availability of previously acquired park property.
The determination of the City as to whether land shall be
dedicated, or whether a fee shall be charged, or a
combination thereof, shall be final and conclusive. (Ord.
(Rev. 10 '86)
~s~:~~~l1~lTA„
M N
1202 sl(pnrt), 1982).
18-1.602.10. Credit tar Private Fecrant~on or 0uer: Sb~.
idsens Private opens apnoa !ar park and recreational. purposes is pmwided in
a .proposed subdivision, !iffy pereerst credit shall be given against the
Cityty Cours,.ilofirds that~it~ia in theft o! fem in lieu thereof, if the
the following standards are mat: public i:sterest to do so and that all
A. mat yards, aarr't areas, set2sac)as, deoxative landscape areas noznally
associated with residential site design and other open areas required to
be mairstairted by the zoning and building ardinances arsd regulations shall
not be included in the oo~xrtatian of such private open space;
H. Stsc2s spasoa is to ba wholly ar partially owned and ma.irstained by the
llrttrre rssiderrts of the subdivision. 'That the private ownership arxi
mairrtenarsoa o! the open space is adequately provided far by recorded
written agreement, oorsveyarsoe, ar restrictions;
C. asst the use of the private open space is restricted for park and
recraatiannl purposes by recorded oovetsnrst, which runs with the lard in
favor o! the Rrtzrre owrsers of property and which carmot be defeated or
eliminated without the consent o! the City ar its stsccessori
D. asat the proposed private open space is reasorsably adaptable !or use
far park and recreational purposes, taking into oonsideratias suds tackors
as size, shape, topography, geology, access and locations
E. asst tacilitiee proposed far the span space are in substantial
aooordanoa with the prwisims of the open space and aormervatian element
o! the Gaasa¢ai Plant and
F. a>at the open space for wtsids credit is given complies with the
lollowirsg standards:
1. ass total usable open space acreage must be equivalent to a ratio
of 3 acxes of lard far sods 1000 persms, ar a traction thereof,
generated by the developmetst. ass ocaputatiort !ar determtisirsg
acreage is described in Sectic.~ 18-1.602.d.
T. ass open spans must contain ttse following mandatory elements and
at least 4 of the 6 optimal elemerrte:
Ztsrtad Playtiald ~
ass playtiald shall be
a sirsJle unit of lard
whicts is generally level
and free o! physical
berrierss which would in-
M M
hibit group play activities.
0 tional Elements
Ch 1 tens' Play Apparatus
-Area ___ .15
z .Landscaped, Park-Like
,. quiat;Area.; .«25
:, j _. Family.Picnlc Area - _; .25
6ame.Court.Area ,,.25
Swim Pool (42'X75' with .
adjacent deck and
lawn areas) .25
.Recreation Center
` Buildings and Grounds .15
,, The combined minimum acreage !or a facility
with a recreation center and childrena' play
..apparatus area is 1.3 acres. The.. minimum
combined acreage.. for a facility not Including a
recreation canter or childens' play area is 1.5
acres.
The City-Council may grant park credit for a combination
- of the above elements or a combination of the above
elements and other recreation improvements that will meet
the specific recreation needs of a specialized housing
development, such ae a senior housing development with
occupancy controlled via a covenant with the City named as
a third ..party beneficiary.
Hefora credit is given, the City Council shall adopt
written fin8inga that, the above standards are met'.
18-1.602.11. Proceduze. At the time of approval of the
tentat ve aubd v s on map, the City Council shall
determine pursuant to Section 18-1.602.9 the land to be
dedicated and/or Ease to be paid by the subdivider.
At the time of the filing of the final subdivision map,
the subdivider shall dedicate the land and/or pay the fees
as previously determined by the City Council.
Oped apace covenants for private park or .recreational
facilitlea shall be submitted to the City prior to
approval of the final subdivision map and shall be
recorded simulanteously with the final subdivision map.
(Ord. 1202 S1(part), 1982).
18-1.602.12. Commencement of Development. At the time of
approval of the final subdivision map, the City Council
shall specify when development o,! the park or recreational
(Rev. 10 '86)
"EXN181TA"
M N
facilities shall be commenced. (Ord. 1202 S1(part),
1982).
Section 18-1.603. School Site Dedication.
18-1.603.1. General. As a condition of approval of a
final aubdivlsion map, a subdivider who develops or
completes the development of one of more subdivisions
within a school district shall dedicate to the school
district such lands ae the City Council shall deem to be
necessary for the purpose of constructing thereon schools
necessary to assure the residents of the subdivision
adequate elementary school service. (Ord. 1202 S1(part),
'1982).
18-1.603.2. Procedure. The requirement of dedication
shall a impose at t e time of approval of the tentative
map. If within thirty days after the requirement of
dedication is imposed by the City the school district does
not offer to enter into a binding commitment with the
subdivider to accept the dedication, the requirement shall
be automatically terminated. The required dedication may
be made any time before, concurrently with, or up to sixty
days after the filing of the final map on any portion of
she subdivision. (Ord. 1202 S1(part), 1982).
18-1.603.3. Pa ments to Subdivider for School Site
Ded cation. The school d str ct shall, t accepts the
e cat on, repay to the subdivider or hie successors the
original cost to the subdivider of the dedicated land,
plus a'aum equal to the total of the following amounts:
A. 'The coat of any improvements to the dedicated land
since acquisition by the subdivider;
H.' The taxes assessed against the dedicated land from the
date of the school district's offer to enter into the
binding commitment to accept the dedication;
C. Any other costs incurred by the subdivider in
maintenance of such dedicated land, including interest
costa incurred on any loan covering such land. (Ord. 1202
S1(part}, 1982).
18-1.603.4. Exem tiona. The provisions of Sections
1 - through -1.603.4 shall not be applicable to a
subdivider who has owned the land being subdivided for
more than ten years prior to the filing of the tentative
maps. (Ord. 1202 S1(part), 1982).
Section 18-1.604. Reservations.
18-1.604.1. General. Aa a condition of approval of a
map, the subdiv der shall reserve sites, appropriate in
(Rev. 10 '86)
..p -~ ...~~a~, !9
M ~
area and location, for parks, recreational facilities,
fire stations, libraries or other public uses according
to the standards and formula contained in Sections
18-1.604.1 through 18-1.604.5. (Ord. 1202 S1(part),
1982).
18-1.604.2. Standrrds for Reservation of Land. Where a
park, recreat onal fac 1 ty, re star on, 1 brary, or
other public use is shown on an adopted specific plan or
adopted general plan containing a community facilities
element, recceation and parks element and/or a public
building element, the subdivider may be required by the
City to reserve sites as so determined by the City or
County in accordance with the definite principles and
standards contained in the above specific plan or General
Plan.. The reserved area must be of such size and shape as
to permit the balance of the property within which the
reservation is located to develop in an orderly and
efficient manner. The amount of land to be reserved shall
not make development of the remaining land held by the
subdivider economically unfeasible. The reserved area
shall conform to the adopted specific plan or General Plan
and shall be in such multiples of streets and parcels as
to permit an efficient division of the reae_ced area in
the event that it is not acquired within the prescribed
peclod. (Ord. 1202 S1(pazt), 1982).
18-1.604.3. Procedure. The public agency for whose
bens tan area has been reserved shall, at the time of
approval of the final map or parcel map, enter Into a
binding agreement to acquire ouch reserved area within two
years-after the coapletion and acceptance of all
improveaents, unless such period of time ie a wended by
mutual agreement. (Ord. 1202 S1(part), 1982).
18-1.604.4. Pa ment to Subdivider. The purchase price
shall be the market value thereo at the tine of the
filing of the tentative map plus the taxes against such
reserved area fro^ the date of the reservation and any
other costs incurred by the subdivider in the maintenance
of ouch reserved area, including interest costs incurred
on any loan covering such reserved area. (Ord. 1202
S1(part), 1982).
18-1.604.5. Termination. If the public agency for whose
bens tan area has een reserved does not enter into such
a binding agreement, the reservation of such area shall
automatically terminate. (Ord. 1202 S1(part), 1982).
Section 18-1.605. Kaiver of Direct Street Access. The
City may requ re as a con t on o approval o any
(Rev. 10 '86) s•
+' ~~`:~~
subdivision the waiver of direct access rights to proposed
or existing streets from any property within the
subdivision and abutting thereon.
Any such waiver shall become effective in accordance with
its provisions and shall be contained in the owners
.certificate of the final map or parcel map. (Ord. 1202
S1(part), 1982).
Article 7.
VESTING TENTATIVE SUBDIVISION MAPS
.Sections:
18-1.701. Vesting Tentative Subdivision Maps
18-1.701:1 General - ~
18-1:701.2. Consisting ~, .
,,18-1.701.3 Definitions
18-1:701.4 Application
- 18-1.701.5 Filing and Processing ~ -
18-1.701.6 Fees -
18-1.701.7 Expiration
18-1.701.8. Vesting on Approval of Vestinq Tentative
Map
18-1.701.9 Applications.Inconsistent with Current
Policies
Section 18-1.701. Vestinq Tentative Subdivision Maps.
18-1.701.1 General. The form, contents, submittal and
approval o vest nq tentative subdivision maps shall be
-governed by the provisions of Sections 18-1-701.1 through
18-1.701.9.
18-1.701.2 Consistency. No land shall be subdivided and
..developed pursuant to a vesting tentative map for any
-purpose which is inconsistent with the General Plan and
any applicable specific plan or not permitted by the
Zoning Ordinance or other applicable provisions of the
Municipal Code..
18 1.701.3 Definitions.
A. Vest ng Tentative Map. A "vesting tentative
map" shall mean a "tentative map" for a residential
subdivision, as defined in Title 18 of the Municipal Code,
that shall have printed conspicuously on its face the
words."Vesting Tentative Map" at the time it is filed in
accordance with Section 18-1.702.5, and is thereafter
processed in accordance ~+ith the provisions hereof.
B. Other Definitions. All other definitions set
focth in other provisions o this Title 18 of the
Municipal-Code are applicable.
(Rev. 10 '86)
:s~~~ti~~~~TA„
M ~
lil-1.701.4 Application.
A. Residential Developments. This article shall
apply only to residential developments. Whenever a
provision of the Subdivision Map Act, as implemented and
supplemented by other provisions of this Title 18 of the
Municipal Code, requires the filing of a tentative map or
tentative parcel map for a residential development, a
vesting tentative map may instead be filed, in accordance
with the provisions hereof.
If a subdivider does not seek the rights
conferred by the Vesting Tentative Map Statute, the
filing of a vesting tentative map shall not be a
prerequisite to any approval for any proposed subdivision,
'permit for construction, or work preparatory to
construction.
-18-1.701.5 Filin and Procesain A vesttng tentative
map shall be sled in the same orm and have the same
contents, accompanying data and reports and shall be
processed in the same manner as set forth in the other
provisions of this Title 18 of the Municipal Code for a
tentative map except as hereinafter provided:
A. At the time a vesting tentative map is filed it
shall have printed conspicuously on its face the words
"Vesting Tentative Map".
B. A conceptual zoning plan must be adopted and in
effect and a use permit must be approved and in force
prior to the filing of a vesting tentative map for
property located in a planned development zone.
C. A development zoning plan or conceptual zoning
plan wust be adopted and in effect prior to the filing of
a vested tentative map for property located in a
'residential cluster zone or multiple family residential
zone .
- D. At the time a vesting tentative map 1s filed, a
subdivider shall also file these other applications,
'complete with required fees, plai.s, and other
"documentation that would otherwise be required for the
recordation of a final map and issuance of building
permits.
18-1'.701.6 Feea. Upon filing a vesting tentative map,
the subd v der shall pay the fees required by the other
provision of this Title 18 of the Municipal Code for the
filing and processing of a tentative map. Unless
otherwise stated fn other provisions of this Title 18 of
the Municipal Code and established fee schedules, the
amount of the fee shall be determined at the time the
final map. is authorized by City Council for recordation.
18-1.701.7 Expiration. The approval or conditional
approval of a vea~ng tentative map shall expire at the
end of the same time period, and shall be subject to the
same extensions, established by other provisions of this
(Rev. 10 '86)
~ M
Title 18 of the Municipal Code for the expiration of the
approval or conditional approval of a tentative map.
18-1.701.8 Vestin on A royal of Vestin Tentative Map.
A. Vestin The approval or con itional approval
of a vesting tentative map shall confer a vested .right to
proceed with development in substantial compliance with
the ordinances, policies, and standards described in
Government Code Section 66474.2.
However, if Section 66474.2 of the Government Code is
repealed, the approval or conditional approval of a
vesting tentative map shall confer a vested right to
proceed with development in substantial compliance with
the ordinance, policies, and standards in effect at the
time the vesting tentative map is approved or conditional-
ly approved.
B. Conditional or Denial. Notwithstanding
subdivision A, a permit, approval, extension, or
entitlement may be made conditional or denied if any of
the following are determined:
(1) A failure to do so would place the
residence of the subdivision or the immediate
community, or both, in a condition dangerous to
. their health and/or safety.
(2) The condition or denial is required, in
order to comply with state or federal law.
C. Duration of Rig ts. The rights referred to
hereip shal expire i~"_fin-al map is not approved prior
" `" " to the expiration of the vesting .tentative map as provided
in",Section 18-1.701.7. If the final map is approved,
thehe rights shall last for the following periods of times
(1) An initial time period of one (1) year.
Where several final maps are recorded on
various phases of a project covered by a single
.vesting tentative map, this initial time period
shall begin for each phase when the final map
for that phase is recorded.
,, ., (2) The initial time period set forth in
C(1) shall be automatically extended by any
time used for processing a complete. application
#or a grading permit or for design or
architectural review, if such processing
exceeds 30 days, form the date a complete
application is filed.
(3) A subdivider may apply for a one-year
extension at any time before the initial time
"' 'period set forth in C(1) expires. If-the
extension is denied, the subdivider may appeal
that denial to (the legislative body) within
fifteen (15) days.
(Rev. 10 '86)
L: ,~.. ~ _.. Jf .. y
M
(4) If the subdivider submits a complete
application for a building permit during the
periods of time specified in subdivisions
C91)-C(3), the rights referred to herein shall
continue until the expiration of that permit,
• - ar any extension of that permit.
18-1.701.9 A licationa Inconsistent with Current
Po c es. Notes thatan ng any prov s ono th a
ordinance, a property owner or his or her designee, may
seek approvals or permits for development which depart
from the ordinances, policies, and standards described in
Sections 18-701.8A and 18-701.9, and local agencies may
grant these approvals or issue these permits to the extent
thbE-the departures are authorized under applicable law.
SUB1
Sections:
18-1.801
- 18-1.802
18-1.802.1
18-1.802.2
18-1.802.3
• 18-1:802.4
18-1.802.5
18-1.802.6
,' 18-11803
__ •18-1.803.1
18=1".803.2
-`18=1.804
18-1.804.1
18-1.804.2
18-1..805
18-1.806
18-1.806.1
18-1.806.2
18-1.806.3
18-1.806.4
18-1.806.5
18-1.806.6
18-1.806.7
18-1.806.7.1
'"'18-1.806.7.2
18-1.806.7.3
18-1.807
18-1.808
18-1.808.1
(Rev. 10 '86)
Article 8.
)IVISION IMPROVEMENTS
General.
Improvement Required.
General.
Frontage Requirements.
Storm Drainage.
Sanitary Sewers.
Water Supply.
Undergrounding Utilities.
Deferred Improvement Agreements.
Subdivisions of'Four or Leeie Parcels.
Remainders.
Design.
General.
Energy Conservation.
Access.
Improvement Plana.
General.
Form.
contents.
Supplementary Plans and Calculations.
Review by the City Engineer.
Approval by the City Engineer.
Revisions to Approved Plana.
By Subdivider.
By City Engineer.
Plan Checking and Inspection Costa
for Revisions.
Improvement Agreement.
Improvement Security.
General.
ri~ ~'.?aT~lF! !f
c , '•
e~.i ~(i ~~s~
18-1.808.2
18-1.808.3
18-1.808.4
18-1.808.5
18-1.808.6
18-1.808.7
18-1.808.7.1
18-1.808.7.2
18-1.808 , 7.3
18-1.809
. 18-1.810
18-1.810.1
_.18-1.810.2
IB-1.810.3
18-1.811
18-1.811.1
18-1.811.2
18-1.811.3
18-1.812
18-1.812.1
18-1-812.2
18-1.812.3
L_ J
Form of Security.
Amount of Security.
Maintenance Deposit.
warranty Security.
Reduction in Performance Security.
Release of Improvement Securities.
Performance Security.
Material and Labor Security.:
Warranty Security.
Construction.
Construction Inspection.
General.
Pre-Construction Conference.
Final Inspection and Deficiency
List.
Completion of Improvements.
Subdivisions of Five or More Parcels.
Subdivisions of Four or Lesa Parcels.
Extensions.
Acceptance of Improvements.
General.
Notice of Completion.
Acceptance of a Portion of the
Improvements.
Section 18-1.801. General. The subdivider shall
construct all required improvements both on and offsite
according to approved standards.
No,~inai map shall be presented to the Council or parcel
map ;to the City Engineer for approval until the subdivider
either completes the required improvements, or enters into
an agreement with the City agreeing to do such work.
(Ord. 1202 jl(part), 1982).
Section 18-1.802. Improvements Required.
18-1.802.1. General. All improvements as may be required
as con bona o approval of the tentative map or City
ordinance, together with but not limited to, the following
shall: be required of all subdivisions.
,Requirements for construction of onaite and offsite
improvements for subdivisions of four or lees parcels
shall be noted on the parcel map, or waiver of parcel map
or the subdivision improvement agreement recorded prior to
or concurrent with the parcel map.
Completion of improvements shall be in accordance with
Section 18-1.811. (Ord. 1202 S1(part), 1982).
(Rev. 10 '86)
Es~~,"~~~' A„
(4) If the subdivider submits a complete
application for a building permit during the
periods of time specified in subdivisions
C91)-C(3), the rights referred to herein shall
continue until the expiration of that permit,
or any extension of that permit.
18-1.701.9 Aoclicationa Inconsistent with Current
Policies. Notwithstanding any provision of this
or~ance, a property owner or his or her designee, may
seek approvals or permits for development which depart
from the ordinances, policies, and standards described in
Sections 18-701.8A and 18-701.9, and local agencies may
grant these approvals or issue these permits to the extent
that the departures are authorized under applicable law.
Article 8.
SUBDIVISION IMPROVEMENTS
Sections:
18-1.801
18-1.802
18-1.802.1
18-1.802.2
18-1.802.3
18-1.802.4
18-1.802.5
18-1.802.6
18-1.803
18-1.803.1
18-1.803.2
18-1.804
18-1.804.1
18-1.804.2
18-1.805
18-1.806
18-1.806.1
18-1.806.2
18-1.806.3
18-1.806.4
18-1.806.5
18-1.806.6
18-1.80f,. 7
18-1.806.7.1
18-1.806.7.2
18-1.806.7.3
18-1.807
18-1.808
18-1.808.1
(Rev. 10 '86)
General.
Improvement Required.
General.
Frontage Requirements.
Storm Drainage.
Sanitary Sewers.
Water Supply.
Undergrounding Utilities.
Deferred Improvement Agreements.
Subdivisions of Four or Less Parcels.
Remainders.
Design.
General.
Energy Conservation.
Access.
Improvement Plans.
General.
Form.
Contents.
Supplementary Plans and Calculations.
Review by the City Engineer.
Approval by the City Engineer.
Revisions to Approved Plana.
By Subdivider.
By City Engineer.
Plan Checking and Inspection Costs
for Revisions.
Improvement Agreement.
improvement Security.
General.
~~~;~~~~~iT A„
18-1.802.2. Frontage Requirements. The frontage of each
lot shall be improved to its ultimate adopted geometric
section, including street structural section, curbs,
sidewalks, driveway approaches and transitions. (Ord.
1202 S1(part), 1982).
18-1.802.3. Storm Drains e. Storm water runoff from the
subd v s on shall be collected and conveyed by an approved
storm drain system. The storm drain system shall be
designed for ultimate development of the watershed. The
storm drain system shall provide for the protection of
abutting and offsite properties that would be adversely
affected by any increase in runoff attributed to the
development; offsite storm drain Improvements may be
required to satisfy this requirement. (Ord. 1202
S1(part), 1982).
18-1.802.4. Sanitary Sewers. Each unit or lot within the
subdivision shall be served by an approved sanitary sewer
system. (Ord. 1202 S1 (part), 1982).
18-1.802.5. Water Su 1 Each unit or Lot within the
su v s on steal a served by an approved domestic water
system. (Ord. 1202 51 (part), 1982).
18-1.802.6. Under roundin Utilities. Each unit or lot
w th n the su vision shall be served by gas (if
required), electric, telephone and cableviaion facilities.
All utilities within the subdivision and along peripheral
streets shall be placed underground in accordance with the
Cupertino Municipal Code Chapters 14.20 and 14.24, except
those facilities exempted by the Public Utilities
`Co®mfesion regulations. Undergrounding shall be required
for overhead lines on both sides of peripheral streets.
.For subdivisions of five or more parcels, the subdivider
may request that the undergrounding requirement along
peripheral street be waived by the Planning Commission.
The Planning Commission may, at its discretion, accept a
fee in lieu of the undergrounding. The amount of fee
shall be determined by the City Engineer and shall be one-
half o! the normal coat of undergrounding existing
utilities on residential streets. Ttte requirement for
undergrounding or the acceptance of an in-lieu of
undergrounding fee shall be made a condition o! approval
' of the tentative map.
For subdivision of five ~r more parcels the developer may
appeal the undergrounding requirement along peripheral
.streets to the City Council. Such appeal shall be in
accordance with Section 18-1.501.6.2 of this title. The
(Rev. 10 '86)
.,.~.,..__.~.~ 1'~
,. , . r
~i Fibs:; i~
appeal shall be accompanied by an estimate Erom each
utility company for the approximate cost per lineal foot
and total cost to underground its facilities along the
peripheral street. The developer shall pay all Ease as
may be charged by each utility company to make the
required estimate.
The City Council may, at its discretion, accept a fee
in-lYeu of the undergrounding of existing facilities along
;peripheral streets. The amount of fee shall not be less
than the amount established by the City Engineer for the
normal cost of undergrounding of existing utilities along
residential streets.
in-lieu fees shall be deposited in a special
undergrounding account to be used as approved by the City
Council for future undergrounding of utilities throughout
.the City.
For subdivisions of four or less parcels, undergrounding
requirements may be waived or modified by the City
Engineer upon finding:
A. The subdivision is within an area where existing
utilities have not been undergrounded.
B. Overhead utilities will have no significant visual
tmpact.
If the undergrounding requirement is waived as allowed by
findings A and B above, the in-lieu fee as established by
the.. City Engineer shall be paid as a condition of approval
of the tentative map. (Ord. 1202 S1(part), 1982).
Section 18-1.803. Deferred Improvement Agreements.
18-1.803.1. Subdivisions of Four or Less Parcels. The
rontage improvements along exit ng per pheral streets
mdy be deferred when deemed necessary by the City Engineer.
Deferral will be allowed when the City Engineer finds that
construction is impractical due to physical constraints,
or the surrounding neighborhood is absent of similar
improvements. When improvements are deferred, the
.subdivider shall enter into an agreement with the City for
the installation of all frontage improvements at such time
fn the future as required by the City. The agreement
shall provide:
A. Construction of said improvements shall commence
within six months of the receipt of the notice to proceed
from the City.
B. That in event of default by the owner, his successors
or assigns, that City is hereby authorized to cause said
construction to be done and charge the entire coat and
(Rev. 10 '86)
,~
expense to the owner, his successors or assigns, including
interest from the date of notice of said cost and expense
until paid.
C. That this agreement shall be recorded in the office of
the Recorder of Santa Clara County, California, at the
expense of the owner and shall constitute notice to all
successors and assigns of the title to said real property
of the obligation herein set forth, and also a lien in
such amount ae will-fully reimburse the City, including
interest as hereinabove set forth, subject to foreclosure
in event of default 1n payment.
D. That in event of litigaticn occasioned by any default
of the owner, his successors or assigns, the owner, his
successors or assigns agree to pay all coats involved,
including reasonable attorney's fees, and that the same
shall become a part of the lien against said real
property.
E. That the term "owner" shall include not only the
present owner but also his heirs, successors, executors,
:administrators and assigns, it being the intent of the
parties hereto that the obligations herein undertaken
shall run with said real property and constitute a lien
there against.
The agreement shall not relieve the owner from any other
requirements apeclfied herein. The construction of
deferred improvements shall conform to the provisions of
this-title sad all applicable articles of the Municipal
Code in effect at the time of construction. (Ord. 1202
S1(part), 1982).
18-1.803.2. Remainders. where remainders ass made part
o a nal or parcel map, the City may enter into an
agreement with the subdivider to construct improvements
within the. remainder at some future date and prior to the
issuance of a permit or other grant of approval for the
development of a remainder parcel. Said improvements
shall be at the developer's expense. In the absence of
such an agreement, the City may require fulfillment of
such construction requirements within a reasonable time
following approval of the map, upon a finding that
fulfillment of the construction requirements is neceaeary
Eor reasons ofs
A. ..The public health and safety; or
8. The required construction is a neceaeary prerequisite
to the orderly development of the surrounding area. (Ord.
1202 S1(part), 1982).
Section 18-1.804. Design.
(Rev. 10 '86)
:,EYNIBIiA„
18-1.804.1. General. The design and layout of all
required improvements both on and offsite, private and
public, shall conform to generally acceptable engineering
standards and to such standards as approved by the City
Engineer. If the subdivider or the subdivlder'e engineer
disagrees with the standards applied in interpreting the
tentative map conditions of approval by the City Engineec,
the interpretation may be appealed to the Planning
Commission according to procedures set forth in Section
18-1.501'.9.2. (Ord. 1202 S1(part), 1982).
18-1.804.2. Ener Conservation. The design of a
subdivision for wh ch a tentat ve map is required,
pursuant to Article 3 of this title, shall provide, to the
extent feasible, for future passive or natural heating or
cooling opportunities in the subdivision.
.Examples of passive or natural heating opportunities in
subdivision design include design of lot size and
configuration to permit orientation of a structure in an
east-west alignment for southern exposure.
Examples of passive or natural cooling opportunities in
subdivision design include design or lot size and
configuration to permit orientation of a structure to take
advantage o! shade or prevailing breezes.
In providing for future passive or natural heating or
cooling opportunities in the design of a subdivision,
consideration shall be given to local climate, to contour,
to configuration of the parcel to be divided, and to other
design and improvement requiramenta, and such provision
shall not result in reducing allowable densities or the
percentage of a lot which may be occupied by a building or
structure under applicable planning and zoning in force at
the time the tentative map is f u ed.
The requirements of this section do not apply to
condominium projects or stock cooperatives which consist
of :the subdivision of airspace in an existing building
when no new structures are added.
For the purpose of this section, "feasible" means capable
of being accomplished in a successful wanner within a
reasonable period of time taking into account economic,
environmental, social and technological factors. (Ord.
1202 S1(part), 1982).
Section 18-1.805. Access. The subdivision shall abut
upon or have an approve access to a public street.
(Rev. 10 '86)
~~~~~~I~ITA„
Each unit or lot within the subdivision shall have an
approved access to a public or private street. Flag Lot
access shall be minimum of 20 feet in width unless
approved by the Cicy Engineer.
Street layout shall be designed to provide for future
access to, and not impose undue hardship-upon, property
adjoining the subdivision.
Reserve strips, or non-access at the end of streets or at
the boundaries of subdivisions, shall be dedicated
unconditionally to the City when required. (Ord. 1202
S1(part), 1982).
Section 18-1.806. Improvement Plans.
18-1.806.1. General. Improvement plane shall be prepared
under the direction of and signed by a registered;civil
engineer licensed by the State of California.
Improvement plans shall include but not be limited to
grading, storm drains, landscaping, streets and related
facilities. (Ord. 1202 S1(part), 1982).
18-1.806.2. Form. Plana, profiles and details shall be
leg bly drawn, printed or reproduced on twenty-four-inch
by thirty-six-inch sheets. A border shall b• made on each
sheet'providing one-half inch at top, bottom and right
side and one and one-half inches on the left s1de.
A suitable title block shall be placed in the lower right
corner or along the right edge and provide adequate apace
foc approval by the City Engineer and for approval of plan
revisions.
Plan .'and profiles shall be drawn to the scale of one inch
equals forty. feet or larger unless approved by the City
Engineer.- Details shall be drawn to such scale that
clearly show the facility being constructed. The scales
for various portions of the plane shall be shown on each
sheet.
A vicinity map shall be shown on the first sheet of all
sets of plane.
A north arrow shall be shown on each sheet when
applicable.
plena shall be laid out to orient north to the top or
right edge of the sheet unless approved otherwise by the
City Engineer.
(Rev. 10 '86)
:~~~~~~~TA,T
All lettering shall be one-eighth inch minimum..
If the plans include three or more sheets, a cover sheet
showing the streets, lots, easements, storm drains, index
and vicinity map shall be Included.
The form of all plane shall conform to such "additional
requirements as may be established by the City Engineer.
The final form of all plans shall be as approved by the
.City Engineer. (Ord. 1202 S1(part), 1982).
18-1.806.3. Contents. The improvement plans shall show
complete plane, pro les and details for all required
improvements to be constructed, both public and private
(including common areas).
Reference may be made to the City of Cupertino, Santa
Clara County or State standard plans in lieu of
duplicating the drawings thereon. (Ord. 1202 $1(part),
1982)•
18-1.806.4. Su lementar Plans and Calculations.
Hy rology, hydraulic plans and calculat one, bond
estimates and any structural calculations as may be
required, shall be submitted with the improvement plans to
the City Engineer. All calculations shall be legible,
systematic and signed and dated by a registered civil
engineer licensed by the State of Calilornla and in a form
as approved by the City Engineer. (Ord. 1202 S1(part),
1982).
18-1.806.5. review b the Cit En ineer. The subdivider
shall subm t two sets o improvement plans and two copies
of all computations to the City Engineer for review. Upon
completion of his review, one set of the preliminary
plena, with the required revisions indicated thereon, will
be returned to the aubdivider's engineer. (Ord. 2202
S1(part), 1982).
18-1.806.6. A royal b the Cit En ineer. After
couplet ng all requ red revisions, the subdivider's
'engineer shall transmit the originais of the improvement
plans to the City Engineer for his signature.
Upon finding that all required revisions have been made
and that the plans conform to all applicable City
ordinances, design review requirements and conditions of
approval of the tentative map, the City Engineer shall
sign and date the plans. The originals will be returned
to the subdivider's engineer.
(Rev. 10 '86)
+ /r'te`\?.i '•.. .~ Vyi f
Approval of the improvement plans shall not be construed
as approval of the sanitary sewer or water construction
glans or compliance with County, State or Federal laws.
Approval by the City Engineer shall in no way relieve the
subdivider or his engineer from responsibility for the
design of the improvements and for any deficiencies
resulting from the design thereof or from any required
conditions of approval Eor the tentative map.
Prior to the start of work, the subdivider's engineer
shall submit all required microfilm, sepias and copies of
both ma,p s and improvement plane to the City. (ord. 1202
$1(part), 1982).
18-1.806.7. Revisions to Approved Plana.
18-1.806.7.1. B Subdivider. Requests by the subdivider
or the engineer or rev sions to the approved plans
appearing necessary or desirable during construction shall
be submitted in writing to the City Engineer or his
appointee and shall be accompanied by two sets of revised
drawings showing the proposed revision. If t:~e revision
is acceptable, the originals shall be submitted to the
City Engineer's office for initialing. The .originals
,shall be returned to the subdivider's engineer and two
„ seta of the revised plans shall be immediately transmitted
to the City Engineer. Construction of any proposed
revision will not be permitted to commence until revised
.plans have been received and forwarded to the City's
Public Works Inspection Division. (Ord. 1202 S1(part),
1982).
18-1.806.7,2. B Cit En sneer. When revisions are
deemed necessary by the C ty Engineer to protect public
health and safety, or as field conditions may require, a
request in writing shall be made to the subdivider and his
engineer. The aubdivider's engineer shall revise the
plans and transmit the originals to the City Engineer for
initialing within such time as specified by the City
Engineer. Upon receipt of the initialed originals, the
aubdividsr's engineer shall immediately transmit two sets
of revised drawings to the City Engineer. Construction of
all or any portion of the improvements may be stopped by
the City Engineer until revised drawings have been
submitted.
The subdivider may appeal revisions required by the City
Engineer to the City Council by filing an appeal with the
City Clerk within two working days following receipt of
(Rev. 10 '86)
~J'.an:.~•:JJ 5
the request to revise the plans. (Ord. 1202 §1(part),
1982).
18-1':806.7.3. Plan Checkin and Ina ection Coeta for
Revia ons. Coats incurred by the City for the check ng of
plans or calculations or inspection as a result of
revisions to the approved plans shall be borne by the
subdivider. (Ord. 1202 S1(part), 1982).
Section 18-1.807. Improvement Agreement.
The agreement shall be prepared and signed by the City
- Engineer and approved as to form by the City Attorney.
The agreement shall provide for:
A. Construction of all improvements per the approved
plans and specifications.
B. Completion of improvements within the time specified
by Section 18-1.811.
C. Right by City to modify plane and specifications.
D. Warranty by subdivider that construction will not
adversely affect any portion of adjacent properties.
E. Payment of inspection fees in accordance with the
City's resolution establishing fees and charges.
F. Payment of in-lieu fees for undergrounding of
utilities on peripheral streets; payment of in-lieu fees
for parkland dedication.
G. Payment of drainage district or area fees.
H. Improvement security as required by this article.
I. Maintenance and repair of any defects or failures and
causes thereof.
J. Release of the City from all liability incurred by the
development and payment of all reasonable attorney's fees
that-the City may incur because of any legal actdon
arising from the development.
K. Any other deposits, fees or conditions as required by
City Ordinance or resolution and as may be required by the
City Engineer. (Ord. 1202 S1(part), 1982).
Section 18-1.808. Improvement Security.
18-1.808.1 General. Any improvement agreement, contract
or act requ re or authorized by the Subdivision Map Act,
for-which security is required, shall be secured in
accordance with Section 66499 of the Government Code and
as provided herein.
NO final map or parcel map shall be signed by the City
Engineer or recorded until all improvement securities
required by Sections 18-1.808.2 through 18-1.808.6 have
been received and approved. (Ord. 1202 Sl(part), 1982).
(Rev. 10 '86)
'Y ~ Af9
~~.~~~ ~~~~T 11
18-1.808.2. Form of Security. The form of security shall
be one or the combination of the following at the option
and subject to the approval of the City,
A. Bond or bonds by one or more duly authorized corporate
sureties.
B. A deposit, either with the local agency or a
responsible escrow agent or trust company, at the option
of'the loca L agency, of money or negotiable bonds of the
kind`appcoved for securing deposits of public moneys.
C. An instrument of credit from one or more financial
inatitutlona subject to regulation by the state or federal
government and pledging that the funds necessary to carry
out the act or agreement are on deposit and guaranteed for
payment, or a letter of credit issued by such a financial
institution.
D. Alien upon the property to be divided, created by
contract between the owner and the Iocal agency, if the
local agency finds that it would not be in the public
`interest to require the installation of the required
improvement sooner than two years after the recordation of
the map.
The provisions of the bond or bonds shall be in accordance
with 3ectiona 66499.1 and 66499.2 of the Government Code.
(Ord. 1202 S1(part), 1982.
18-1.808.3. Amount of Securit A performance bond or
secur ty n t e amount o one hundred percent of the
estimated construction cost to guarantee the construction
or installation of all improvements shall be required of
all subdivisions. An additional amount of one hundred
percent of the estimated construction coat shall be
required to guarantee the payment to the aubdivider's
contractor, subcontractors, and to persona furnishing
tabor, materials or equipment for the construction or
installation of improvements.
The estimate of improvement coats shall be as approved by
the City Engineer and shall provide fora
A. Ten percent of the total construction cost for
contingencies.
B. All utility installation costs oz a certification
acceptable to the City Engineer from the utility company
that adequate security has been deposited to insure
Installation.
C. In addition to the full amount of the security, there
-shall be included costa and reasonable expenses and fees,
including attorney's 4eea, incurred in enforcing the
obligation secured. {Ord. 1202 S1(part), 1982.
(Rev. 10 '86)
,,~~ w
18-1.808.4. Maintenance Deposit. The developer shall
deposit with the City not less than one thousand dollars
cash for subdivisions of four or less parcels, and three
thousand dollars for other subdivisions, or such
additional amount as required by the City Engineer, not to
exceed one percent of the construction cost. The deposit
may be used at the discretion of the City to correct
deficiencies and conditions caused by the subdivider or
his contractor that may arise during or after the
construction of the subdivision. Any unexpended amount
will. be returned to the developer at the time all bonds
are released. (Ord. 1202 gl(part), 1982.
18-1.808.5. Warranty Security. Upon acceptance of the
subdivision improvements by the City Council, the
subdivider shall provide security in the amount as
requited by the City Engineec to guarantee the
improvements throughout the warranty period. The amount
of-the warranty security shall be not less than ten
percent of the cost of the construction of the
improvements, including the cash bond which shall be
retained for the one-year warranty period. In hillside
areas, the warranty security shall be not leas than fifty
percent of the construction coat of improva~aent. (Ord.
1202 S1(part), 1982).
18-1.808.6. Reduction in Performance Securit The City
Eng near may author ze n wr t ng the release of a portion
of th• security in accordance with Government Code Section
...66499.7.
'- 18-1.808.7. Release of Imvrovement.Securitiea.
18-1.808.7.1. Performance Securit The performance
aecut ty_ahall be released only upon acceptance of the
improvements by the City and when an approved warranty
security has been filed with the Cfty Engineer.
If warranty security is not filed, performance security
shall be released twelve months after acceptance of
improvements and correction of all warranty deficiencies.
(Ord. 1202 S1(part), 1982).
18-1.808.7.2. Material and Labor Security. Security
given to secure payment to the contractor, subcontractors
and to persons furnishing labor, material or equipment
may, six months after the completion and acceptance of the
improvements by the City Council, be reduced to an amount
equal to the amount of all claims therefor filed and of
which notice has been given to the City Council. The
balance of the security shall be released upon the
(Rev. 10 '86)
"+
• '-
y'
settlement of all such claims and obligations for which
the security was given. (Ord. 1202 S1(part), 1982).
18-1.808.7.3. Warrant Securit The warranty security
s al a release upon sat a actory completion of the
warranty period provided:
A. All deficiencies appearing on the warranty deficiency
list for'the subdivision have been corrected.
B. NoE leas than twelve months have elapsed since the
- acceptance of the improvements by the City Council. (Ord.
1202 S1(part), 1982).
Section 18-1.809. Construction. The construction methods
and mater als or all improvements shall conform to the
atandard'specificationa of the City of Cupertino as
adopted by Council resolution. The general provisions of
the City's standard specifications shall apply to the
developer where applicable.
Construction shall not commence until required improvement
plans have been approved by the City Engineer and all
required microfilm, sepias and copies of both maps and
improvement pplans have been received by the City, (Ord.
1202 S1(part), 1982).
Section 18-1.810. Construction Inspection.
18-1.810.1. General. All improvements are subject to
nspect on y the C ty Engineer or authorized personnel in
accordance with the City's standard epecitications. (ord.
'1202 S1(part), 1982).
18-1.810.2. Pre-Construction Conference. Prior to
commencing any construction, the developer shall arrange
for a pre-construction conference with the Public Works
inspector. (ord. 1202 S1(part), 1982).
18-1.810.3. Final Ina action and Deficienc List. Upon
complet on of the subd v s on improvements, the developer
shall apply in writing to the Public Works inspector for a
preliminary final inspection. The Public Works inspector
or authorized representative shall schedule a preliminary
final inspection.
A deficiency Liat shall be compiled during the inspection,
noting all corrections or any additional work required.
If the number of items are excessive or the subdivision
appears incomplete, the preliminary final inspection may
be halted and rescheduled on a date as determined by the
Public works inspector or authorized representative.
(Rev. 10 '86)
"~~~~~~~ITA„
•
Upon having completed all corrections or additional work
as outlined by the deficiency list, the developer shall
certify in writing that all corrections have been
completed satisfactorily and request a final inspection.
The Public Works inspector or authorized representative
shall then make a final inspection.
Upon finding that all items on the deficiency list have
been corrected and receipt of as-bu11t improvement plans,
the subdivision shall be placed on the Council agenda for
acceptance.
The completion of corrections indicated by the deficiency
list ahail not relieve the developer from the
responsibility of correcting any deficiency not shown on
the list that may be subsequently discovered. (Ord. 1202
S1(part), 1982).
Section 18-1.811. Completion of Improvements.
18-1.811.1. Subdivisions of Five or More Parcels. The
subd v s on improvements shall be complete by the
developer within eighteen months, or such time as approved
by the City Engineer, not to exceed a period of
twenty-four months, from the recording of the final map,
unless an extension is granted by the City Council.
Should the subdivider fail to complete the improvements
within the specified t1me, the City may, by resolution
of .Council and at its option, cause any. or all uncompleted
improvements to be completed and the parties executing the
surety or sureties shall be firmly bound for the payment
of all necessary costa therefor. (Ord. 1202 S1(gart),
1982).
I8=I.81I.2. Subdivisions of Four or Less Parcels.
Completion o mprovements w 11 not be requ re until such
time as a permit or other grant approval for the
development of any parcel within the subdivision is
applied for. Improvements shall be completed prior to
final building inspection or occupancy of any unit within
tha subdivision.
The completion of the improvements may be required by a
apecilied date by the City when the completion of such
improvements. are found to be necessary for public health
or safety or for the orderly development of the
surrounding area. This finding shall be made by the City
Engineer or authorized representative. Such specified
date, when required, shall be stated in the subdivision
improvement agreement. (Ord. 1202 S1(part), 1982).
(Rev. 10 •86)
:.t:d ~. .._._. ~ r
18-1.811.3. Extensions. The completion date may be
exten a by the City Council for subdivisions of five or
more parcels and by the City Engineer for subdivisions of
four or leas parcels upon written request by the developer
and the submittal of adequate evidence to justify the
extension. The request shall be made not less than thirty
days prior to expiration of the subdivision improvement
hgreement.
The subdivider shall entec into a subdivision improvement
agreement extension with the City. For subdivisions of
five or more parcels the agreement shall be prepared and
:.signed by the City Engineer, approved as to form by the
City Attorney, executed by the subdivider and transmitted
to-the City Council for their consideration. If approved
by the City Council, the Mayor shall execute the agreement
- on behalf of the City.
In consideration of a subdivision improvement extension
agreement, the following may be required:
A. Revision of improvement plans to provide for current
design and construction atanda:da when required by the
City Engineer.
8. Revised improvement construction estimates to reflect
current improvement coats as approved by the City
Engineer.
C. Increase of improvement securities in accordance with
revised construction estimates.
D. Inspection fees may be increased to reflect current
construction costs but shall not be subject to any
decrease or refund.
The City Council may impose additional requirements as
recommended by the City Engineer or as it may deem
necessary na a condition to approving any time extension
for the completion of improvements.
The costa incurred by the City in processing the agreement
shall be borne by the developer at actual coat. (Ord.
1202 S1(part), 1982).
Section 18-1.812. Acceptance of Improvements.
18-1.812.1. General. when all improvement deficiencies
have been corrected and as built improvement plans filed,
the subdivision improvements shall be considered by the
City for acceptance. Subdivisions of five or more
parcels must be accepted by the City Council. The City
Engineer or authorized representative shall be responsible
(Rev. 10 '86)
"EXIlI~ITA,•
for the acceptance of subdivisions of four or less
parcels.
Acceptance of the improvements shall imply only that the
improvements have been completed satisfactorily and that
public improvements have been accepted for public use.
(Ord. 1202 S1(part), 1982).
18-1.812.2. Notice of Com letion. If the subdivision
has been accepted by the C ty the City Clerk shall cause
to be filed with the County Recorder a notice of
completion. (Ord. 1202 S1(part), 1982).
18-1.812.3. Acce tance of a Portion. of the Im rovements.
When requested by the aubdtvider in writ ng, the C ty may
consider acceptance of a portion of the improvements as
recommended by the City Engineer. The improvements will
be accepted by the City only if it finds that it is in the
public interest and such improvements are for the use of
the general public.
Acceptance of a portion of the improvements shall not
relieve the developer from any other requirements imposed
by this article. (Ord. 1202 SL(part), 1982).
Article 9.
REVERSIONS TO ACREAGE
Sections:
18-1.901 General.
18-1.902 Initiation of Proceedings.
18-1.902.1 By Owners.
18-1.902.2 By City Council.
18-1:.903 .Contents of retition.
18-1.904 Submittal of Petition to the-City
Engineer.
18-1.905 City Council Approval.
18-1.906 Filing with County Recorder.
Section 18-1.901. General. Subdivided property may be
reverted to acreage pursuant to provisions of this article
and the-State Subdivision Map Act.. This article shall
apply to final maps and parcel maps. (Ord. 1202 S1(part),
1982).
Section 18-1.902. Initiation of Proceedings.
18-1.902.1. By Owners. .Proceedings to revert subdivided
property to .acreage may be initiated by petition of all of
(Rev. 10 '86)
the owners of record of the property. The petition shall
be in a form prescribed by the City Engineer. The
petition shall contain the information required by Section
18-1_.903 and such other information as required by the
,:..City Engineer. (Ord. 1202 $1(part), 1982).
18-1..902.2. By City Council. The City Council, at the
vaguest of any person or on its own motion may, by
resolution, initiate proceedings to revert property to
acreage. The City Council shall direct the City Engineer
to obtain the necessary information to initiate and
conduct the proceedings. (Ord. 1202 Sl(part), 1982).
Section 18-1.903. Contents of Petition. The petition
shall contain but not be 1 mated to the followings
A. Evidence of title to the real property; and
B. Evidence of the consent to all of the owners of an
interest in the property; or
C. Evidence that none of the improvements required to be
made have been made within two years from the date the
final nap or parcel map was filed for record, or within
the time allowed by agreement for completion of the
improvements, whichever is laters or
D. Evidence that no lots shown on the final or parcel map
have been sold within five years from the data such final
or parcel map was filed for record.
E. A tentative map 1n the form prescribed by Section
18-1.402 or Section 18-1.501 of this title.
F. A final or parcel map in the form prescribed by
...Section 18-1.403 or Section 18-1.502 of this title which
delineates dedications which will.. not be vacated and
dedications required as a condition to reversion. Final
or parcel maps shall be conspicuously designated with
the. title, "The Purpose of this Map is a Reversion to
Acreage."
G. A deposit as required by the City Engineer toward
processing and plan checking coats in accordance to the
,City's establishing fees and charges." (Ord. 1202
S1(part), 1982).
Section 18-1.904. Submittal of Petition to the Cit
Eng nest. The f nal map or parcel map for the reversion
together with all other data as required by this article
shall b• submitted to the City Engineer for his review.
Upon finding that the petition meets with all the
requirements of this title and the State Subdivision Map
Act, the City Engineer shall submit the final map or
parcel map, together with his report and recommendations
of approval or conditional approval of the reversion to
(Rev. 10 '86)
•
acreage, to the City Council for their consideration.
(Ord. 1202 S1(part), 1982).
Section 18-1.905. City Council Approval. A public
hearing shall be held by the City Council on all petitions
for initiations for reversions to acreage. Notice to the
public hearing shall be given as provided in Section
66451.3 of the Government Code. The City Engineer may
give such other notice that it deems necessary or
advisable.
The City Council may approve a reversion to acreage only
if it finds and records by resolution that:
A. Dedications or offers of dedication to be vacated or
abandoned by the reversion to acreage are unnecessary for
present or prospective public purposes; and
` B.- Eithers
1. All owners of an interest in the real property
within the subdivision have consented to reversion; or
2. None of the improvements required to be made
have been made within two years from the date of the final
or parcel map was filed for record, or within the time
allowed by agreement for completion of the improvements,
whichever is later; or
3. No lots shown on the final or parcel map were
filed for record.
The City Council may require ae conditions of the
reversions
A. The owners dedicate or offer to dedicate streets,
public rights-of-way or easements.
B. The retention of all or a portion of previously paid
subdivision fees, deposits or improvements securities if
the same are necessary to accomplish any of the provisions
of this title. (Ord. 1202 S1(part), 1982).
Section 18-1.906. Filin with Count Recorder. Upon
approv nq the revers on to acreage, the C ty Engineer
shall transmit the final map or parcel map, together with
the City Council resolution approving the reversion, to
the County Recorder for recordation.
Reversion shall be effective upon the final map being
filed for record by the County Recorder. Upon filing, all
dedications and offers of dedication not shown on the
final map for reversion shall be of no°further force and
effect. (Ord. 1202 S1(part), 1982).
Article 10.
PARCEL MERGERS
(Rev. 10 '86)
:i~~y~~~fT A„
Sections:
18-1.1001 Merger Required.
18-1.1002 Recordation of Notice--Effective
Date o£ Merger.
_ 18-1.1003 Notice of Intent to Determine
Statue and Request for. Hearing.
18-1.1004 Hearlnq; procedure.
18-1.1005 Hearing. De Novo; City Council.
• 18r1.1006 Effect of Previously Merged Parcels.
Section 18-1.1001. Mer er Required. A parcel of land
shall be merged w th a contiquoua parcel of land held by
the same owner if one of the contiguous parcels held by
the same owner does not conform to the standards for
minimum parcel size for the applicable zone within the
City;and if all of :he following requirements are
,satisfied:
A. AC least one of the affected parcels 1s not developed
with a structure, other. than an accessory structure, for
which a building permit was issued by a local agency, or
which wns built prior to the time such permits were
cequired by the applicable local agency or ~s developed
witha single structure, othez than an accessory
structure, which is partially sited on a contiquoua parcel
. -or parcels.
8.-.With respect to any affected parcel, one or more of
the following conditions exiatf
1. .Comprise less than five thousand square feet in
area at the time of the determination of merger.
2. Wa• not created in compliance with applicable
laws: and ordinances in effect at the time of its creation.
3. Does not meet current standards for sewage
.;:disposal and domestic water aupoly.
4. Does not meet elope stability standards of the
:City.
5. Has no legal access which is adequate for
vehicular and safety equipment access and maneuverability.
6. Its development would create health and safety
hazards.
7. Is inconsistent with the applicable general
plan and any specific plan other than minimum lot size or
density standards. (Ord. 1286 (part), 1984: Ord. 1202
S1(part), 1982).
Section 18-1.1002. Recordation of Notice--Effective Date
of Merger. A merger of parcels becomes effective when the
Director of Planning and Development causes to be filed
for record with the County Recorder, a notice of merger
specifying the names of the record owners and particularly
(Rev. 10 '86)
E~~~~~~~A;~
•
describing the real property to be merged. (Ord. 1286
(part), 1984: Ord. 1202 S1(part), 1982).
Section 18-1.1003. Notice of Intent to Determine Status
an 'Re user or Hear n Prior to recor ng a not ce o
merger, the D rector o Planning and Development shall
cause to be mailed by certified mail to the then-current
record owners of the property a notice of intention to
determine statue, notifying the owner that the affected
parcels may be merged pursuant to standards specified in
Section 18-1.1001 of this article, and advising the owner
of the opportunity to request a hearing on determination
of status and to present evidence at the hearing that the
property does not meet the criteria for merger. The
notice of intention to determine status shall be filed for
record with the County Recorder on the date that notice is
mailed to the property owner. At any time within thirty
days after recording of the notice of Intention to
determine status, the owner of the affected property may
file with the Director of Planning and Development a
request for a hearing on determination of status. If,
within said thirty-day period, the owner does not file a
request for hearing as described, the Director of Planning
and Development may, at any time thereafter, make a
determination that the affected parcels are to be merged
or a[e not to be merged. A determination of merger shall
be recorded ae provided in Section 18-1.1002 of this
..article no later than ninety days following the mailing of
the notice of intention to determine status. (Ord. 1286
(part), 1984: Ord. 1202 S1(part), 1982).
Section 18-1.1004. Hearin Procedure. Upon receiving a
request or a hear ng on determ net on of status, the
Director of Planning and Development shall fix a time,
date and place for a hearing to be conducted by the
Director of Planning and Development, and shall so notify
the property owner by certified mail. The hearing shall
be conducted not Lesa than thirty days nor more than sixty
days following the City's receipt of the property owner's
request therefor, but may be postponed or continued with
the mutual consent of the Director of Planning and
Development and the property owner.
At the hearing, the property owner shall be given the
opportunity to present any evidence that the affected
property does not meet the standards specified in Section
18-1.1001 of this article.
At the conclusion of the hearing, the Director of Planning
and Development shall make a determination that the
affected parcels are to be merged, or are not to be
(Rev. 10 '86)
merged, and shall so notify the owner of his determination.
A determination of merger shall be recorded within thirty
days after conclusion of the hearing, as provided for in
Section 18-1.1002 of this article. If the Director of
Planning and Development shall cause to be recorded in the
manner apeclfied do Section 18-1.1002 a release of the
notice of intention to determine status previously
recorded and shall mail a clearance letter to the
then-current owner of record. Ord., 1286 (part), 1984:
Ord. 1202 S1(part), 1982).
'Section 18-1.1005 Hearlna De Novo; City Councii. Any
property owner of an affected property may, within then
days-after notification of the Director of Planning and
Development of his determination of merger as provided in
Section 18-1.1004, file a written request with the City
Clerk for de novo hearing before the City Council. Said
hearing shall be held within thirty days from the filing
of said request but may be postponed or continued with
the mutual consent of the City Council and the property
owner. The hearing will be conducted in the same manner
as the hearing held before the Director of Planning and
Development; provided, however, that the City Council may
make a determination of non-meryer regardless of whether
or not the affected property meets the standards for
merger'specified in Section 18-1.1001 of this article se
long as such determination of non-merger is consistent
with the City's general plan and any applicable specific
plan. Ord., 1286 (part), 1984).
Section 18-1.1006. Effect of Previousl Mer ed Parcels.
The or Hance cod e n th s art cle oes not a ect the
'validity of parcels which have previously bean merged, and
• for which a notice of merger was recorded on or before
January 1, 1984. (Ord., 1286 (part), 1984).
Article 11
CORRECTION AND AMENDMENTS OF MAPS
Sections:
18-1.1101
18-1.1102
18-1-1103
18-1-1104
18-1-1105
Requirements.
Form and Contents.
Submittal and Approval by the-City
Engineer.
Filing with the County Recorder.
Fee.
Section 18-1.1101. Re uirements. After a final or parcel
'map is e n the o ce o the County Recorder, it may
(Rev. 10 '86)
be amended by a certificate of correction or an amending
map:
A. To correct an error in any course or distance shown
thereon;
B. To show any course or distance that was omitted
therefrom:
C. To correct an error in the description of the real
property shown on the map;
D. To indicate monuments set after the death, disability
or retirement from practice of the engineer or surveyor
charged with responsibilities for setting monuments; or
E.. To-show the proper location of any monument which has
been changed in location, or character, or originally was
shown at the wrong location or incorrectly as to its
.character.
F. To correct any other type of map error or omission as
approved by the City Engineer, which does not affect any
property right.
c3. Errors and omissions may include, but not be limited
to, lots and numbers, acreage, street names and
identification of adjacent record maps. Error does not
include changes in courses or distances from which an
error is not ascertainable from the data shown on the
final or parcel map.
H. To make modifications when there aze changes which
make any or all of the conditions of the map no longer
appropriate or necessary and that the modifications do not
impose any additional burden on the present fee owner of
the property, and if the modifications do not alter any
right, title or interest in the real property reflected on
the-xecorded map. The modification shall be set for
public hearing before the City Engineer or Planning
Commission according to Section 18-1.401.6 or 18-1.501.5.
The City Engineer or Planning Commission shall confine the
hearing to consideration of, and action on, the proposed
modification. (Ord. 1202 S1(part), 1982).
Section 18-1.1102. Form and Contents. The amending map
or cent f cats of correct on shall be prepared by a
registered civil engineer or licensed land surveyor. The
form and contents of the amending map shall conform to the
requirements of Section 18-1.402 if a final map, or
Section 18-1.502 if a parcel map. The certificate of
correction shall set forth in detail the corrections made
and show the names of the present fee owners of the
property affected by the correction. (Ord. 1202 S1(part),
1982).
Section 18-1.1103. Submittal and A royal b the Cit
Eng Weer. T e amen ng map or cert care o correct on,
(Rev. 10 '86)
«~~-~~~p~' A~q
. •
State Subdivision Map Act, has been filed with the County
Recorder for record.
B. No person shall sell, lease or finance any parcel or
..parcels of real property or commence construction of any
building for sale, lease or financing thereon; except for
model homes, or allow occupancy thereof, for which a
parcel map is required by this title or=the State
,Subdivision Map Act, until such map thereof, in full
_ compliance with the provisions of this title and the State
Subdivision Map Act, has been filed with the County
Recorder for record.
C. Conveyances of any part of a division of real property
fos.which a final or parcel map is required by this title
__ ___ shall not be made by parcel or block number, initial or
-other designation, unless and until such map has been
filed .with the County Recorder for. record.
D. This section does nor apply to any parcel or parcels
of a subdivision offered for sale or lease, contracted for
--- sale or lease, or sold or leased in compliance with or
exempt from any law (including a local ordinance),
regulating the design and improvement of subdivisions in
effect at the time the subdivision was established. (Ord.
1202 Sl(part), 1982).
,•, Section 18-1.1202. Remedies.
A. Any deed o conveyance, sale or contract to sell real
• -property which has been divided, or which has resulted
from a division, in violation of the provisions of this
title or State Subdivision Map Act, is voidable at the
sole option of the grantee, buyer or person contracting to
purchase, his helra, personal representative or trustee in
insolvency or bankruptcy within one year after the date of
discovery of the violation, but the deed of conveyance,
sale or contract to sell is binding upon any successor in
interest of the grantee, ba,•er or person contracting to
purchase, other than those above enumerated, and upon the
grantor, vendor or person contracting to sell, or his
assignee, heir or devisee.
B. Any grantee, or his successor in interest, of real
property which has been divided, or which has resulted
from a division, in violation of the provisions of thls
title or the State Subdivision Map Act may, within one
year of the date of discovery of such violation, bring an
action in the superior court to recover any damages he has
suffered by reason of such division of property. The
•~ action-may be brought against the person who divided the
property in violation and against any successors in
interest who have actual or constructive knowledge of such
division of property.
C. The provisions of this section shall not apply to the
conveyance of any parcel of real property identified in a
(Rev. 10 '86)
6s~t.,+ar~~ ~~
~~~~~~ ETA
•
oonplete as to final loam shall be submitted to the City Engs~eer for his
zen-iee- and approval
42fa City F~tgizyear shall examine the amendirx3 map ar certi.'icata of
ooriection and if the only -made are those set ta~rth ~ Section
18-1.1101 above, he shall oeztifyr to this Pact on the amendin?f map or
oertiticate of correction. (ord. 1202 'A(part), 1982).
_ SE+r!f•1rn 1F-1 7704 Fili*+~ with th9 CbLn+*~~ R®OOYr7nr, X18 a ~ Or
certificate of correction certified by the City II7ginesr shall be filed ~:.
the Office of the County Rsoonier in which the original map was filed.
[Tpan suds filing. the Oaarty Recorder shall index the names of the fee
owners and the appropriate tract designation shown an the aanending map or
osrtificata of oortectim in the general iMex and map index
respedivaly. ~seraupon, the original map shall ba deemed to have been
oanclueively so oarrected and thereafter shall ~rt oonstzuctive notice
o! all suds carxecticns in the same manner as though set Earth upon the
original map. (Ord. 1202 S1(part), 1982).
Sectim 18-1.1105. Fee. the fee for c3sackii27g, pz+oces®inq and recording
the amended map ar certificate o! correction snail be in acoordanoe with
the City's resolution establishing fees and d7argea. A deposit to be
.applied toward this fee may be required by the City Engineer upon
submittal o! the amended map ar certificate of oorreotian !ar his r+evie~s/.
(ord. 1202 S1(pnrt), 1982).
18-1.1201 Prohibition.
,18-1.1202 R®edies.
18-1.1203 Certifimte o! ConQliance.
18-1.1204 Oortificata of Nor-Co~lianoe.
:Section 18-1.1201. Prohibition.
A. No parson atsall offer to sell ar lease, to contract to sell ar lease,
to sell ar lease or to linance any parcel ar partials of real prmparty ar
to came oonstzuction o! any building far sale, lenaa ar financing
tt~areorl, except for model hcmas, or to allow aoos~7ency thsraof, for which
a final mep ar parcel map is requited by this title, ar the State
Subdivision 14ap Act, usrtil suds map thereof, in full oonplianoe with the
prvvisia~s of this title, or the
..certificate of compliance filed pursuant to section
6649.35 of the Government Code or identified in a recorded
.final map or parcel map, from and after the date of
recording. The provisions of this section shall not limit
or atfect in any way the rights of a grantee or his
successor in interest under any other provision of law.
D..:Thie section does-not bar any legal, equitable or
;.-.summary remedy to which the City or other public agency,
or any person, firm or corporation may otherwise be
..entitled, and the City or other public agency, or such
_.. person, firm or corporation may the a suit in the
ti superior court of Santa Clara County to restrain or enjoin
any attempted or proposed subdivision for sale, lease or
-financing in violation of this title.
' E. The City shall not issue a permit or grant any
approval necessary to develop any real property which has
been divided, or which has resulted from a division, in
;violation of the provisions of this title or the State
Subdivision Map Act if it finds that development of such
;real property is contrary to the public health or the
:.public safety. The authority to deny ouch a permit or
-such approval shall apply whether the applicant therefor
-was the owner of the real property at the time of such
violation or whether the applicant therefor is the current
owner of the real property with, or without, actual or
constructive knowledge of the violation at the time of the
acquisition of his interest in such real property.
The .City, in issuing a permit or granting approval for the
.development of any such real property, may impose those
_ ,additional conditions as would Nava been applicable to the
., ,division of the property at the time the current owner of
record acquired the property, and which has been
=established at such time by this title or local ordinance
enacted pursuant thereto, except that if a conditional
certificate of compliance has been tiled for record under
the provisions of this article, only such conditions
stipulated shall be applicable. (Ord. 1202 S1(part),
1982).
Section 18-1.1203. Certificate of Compliance.
A. Any person owning real property within the City of
Cupertino nay request the City Engineer to determine
whether ouch real property complies with the provisions of
.:this title and the State Subdivision Map Act,
_:8. Upon making such determination, the City Engineer
=:shall cause a certificate of compliance to be filed for
...record with the County Recorder. The certificate of
compliance shall identify the real property and shall
state that the division of land complies with applicable
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"~{r~IBIiA"
provisions of the City of Cupertino Municipal Code and the
State Subdivision Map Act.
C.. If the City Engineer determines that such real
property does not comply with the provisions of the
,:Municipal Code or State Subdivision Map Act, he may, as a
condition to granting a certificate of compliance, impose
such conditions as would have been applicable to the
.:: division of the property at the time the current owner of
.;;record acquired the property, and which had been
.::established at such time by ordinance. Upon making such a
,.determination and establishing such conditions, the City
-engineer or authorized representative shall cause a
conditional certificate of compliance to be filed for
record with the County Recorder. Such certificate shall
-serve as notice to the property owner who has applied for
;,:the certificate pursuant to this section, a grantee of the
.property owner, or any subsequent transferee or assignee
of :the property that the fulfillment and implementation of
:!such conditions shall be required prior to aubaequent
issuance of a permit or other grant of approval for
::development of the property. Compliance with such
conditions shall not be required until such time as a
permit or other grant of approval for development of such
:.:.property is issued.
D. A recorded final map or parcel map shall constitute a
certificate of compliance with respect to the parcels of
real property described therein.
E. For the purposes of administration of this section,
,_. .; any parcel that is shown on the County Assessor's Maps
prior to 1960 shall be considered as a conforming parcel.
,, ;uF. rA fee to ba charged at actual coat shall be charged to
-~~ ~ he applicant for making the determination and processing
:the certificate of compliance. A deposit may be required
to be applied toward this fee. (Ord. 1202 S1(part), 1982)
...:Section 18-1.1204. Certificate of Non-Compliance.
Whenever. the City Engineer or an authorized representative
has knowledge that real property has been divided in
violation of the provisions of this title or the State
Subdivision Map Act, they shall cause to be filed for
record with the County Recorder a tentative notice of
violation ("Certificate of Non-Compliance") describing the
.real property in detail, naming the owners thereof, and
describing the violation and stating that an opportunity
wfll be given to the owner to present evidence. At least
thirty days prior to the recording of a final notice, the
owner of the real property shall be advised in writing of
the intention to record a final notice and specifying a
-time, date and place at which the owner may present
evidence as to why such notice should not be recorded.
If, after the owner hat presented evidence, it is
(Rev. 10 '86)
'~ i~s~ i~~iT A„
determined that the[e has been no violation, a release of
the tentative notice shall be filed with the County
Recorder. Such tentative or final notice of
non-compliance, when recorded, shall be deemed to be
constructive notice of the violation to all successors in
interest in such property. (Ord. 1202 S1(part), 1982).