Loading...
Ordinance 47CUPERTINO SUPI: IVISION OPDI1,TUJCE Article Section Sub-Sctn Pale Number Number. Number _ Numbe c: I AUTHORITY; PUEPOSE; LEFINITIONS :00 Purpose and Authority for the Ordinance 1. Purpose of the Ordinance 3 2. Advisory Agency 3 3. Planning Commission Powers 3 b. Basic Legal Requirements 3 :01 Definitions 1. 11tap fact 3 2„ Owner 3 3. Subdivider 4 . Subdivision 1. 5. Lot 4 - 6. Other Definitions 4 II SUI DIVISION I' MPS; PROCEDIME 02 Tentative_Map 1, Subdivision Conference 4 2. Community Facilities _5 3. Filing; Filing Fees; Departr,ent 1.pprova.ls 5 4. Form and Content 6 5. rlanning Commission Action 7 :03 Final Mlap 1. FilinE; Filing Fees; Beauired Attachments 8 2. Form and Content 9 3. Certifications on the Map 11 Action by City Engineer; City Council 12 III GI;n?� R'.L S,JBL IVISIO B 1IREii.:.iv7 :04 Streets and HI-ghways 1, Street Ledicatior.s 14 2. Eesery :tions of Eic,'nts-of-way 14 3. General Re-1uirements of 'Design 14 4. '.Widths 15 5. Service Rogds and Off -Street Parking 16 6. Non -access and Planting Strips 16 7. Alleys 17 8. Street Names 17 9. Future Streets nn:_, Large -Lot Subdivisions 17 :05 Easements 17 :06 Lots 1. Size and Shape 18 2. Side Tines 18 3. City Foundary Lines 18 4. Louble-frontage 18 : 07 Wa 11�-Ura:r s 18 :08 Watercourses 3.8 :09 Flood Conditions 18 :10 Master Plan 18 :11 Leed Restrictions 18 Article Section SuL--•5.,itn P=+� Number Number ll�.it�:c ;t ._�. _-----.__—_ NIamb _:= �. :12 Im. ro��em�n';s l; St-gr,da, ds and 9.rDprcval 19 2, General Requirements: 19 a., Street gr=tides b� Structures; dr-aina4e; access/public safety c, Curbs end gutters d� S10.e,q-,0J:s e, Severs; storm dr^ins f4 gtler 9nd Gas P. S --eet lighting - ?ilro-d Crossings 1n in .L.i E. '.i. �. Arn �nt� Ornament jl, tive, and Fruit Trees 3, Monuments 21 IV ACR7F,!-T.NTS AL, E,�.. ES :13 Improvement Agreement 21 :14 Im- ovement Tond. 22 :15 Sewer and Storm Drainsre Agreements 22 :16 Sewer and Storm Drainage Bonds 23 :17 Relea,^es and Extensions 23 V EXCEPTIONS :18 Az'r.licr�ition for an Exception 24 :19 Plannin Commission Action 24 :20 City Council Action. 25 VI APPEALS; PEI ALTIES; CONSTITUTIONALITY ;21 Appeal 25 :22 Separability 26 :23 Penalties 27 :24 Ordinances lRe ealed. 28 '?II (Ordinance Ending phrases) 77 ORDINANCE NO. -3- AN EMERGENCY INTERIM ORDINANCE OF THE CITY OF CUPERTINO REGULLTING THE ESTABLISHiENT AND DEVELOPMENT OF ELAL.ESTATL SUBDIVISION, REQUIRING THE FILING OF 11APS, THE FORMS THEREOF AND THE PROCEDURE THEREON AND PROVIDING FOR AGREEMENTS AND BONDS. THE CITY COUNCIL OF THE CITY 01? CUPERTINO LOSS ORDAIN AS FOLLOWS,, ARTICLE I - AUTHORITY; PURPOSE; DEFINITIONS Section :00 Purnose of and Authority for the Ordinance 1. This ordinance is enacted for the purpose of adopting sub- division regulations for the City of Cupertino, State of -- California. 2. The Planning Commission of the City of Cupertino is hereby designated as the advisory agency with respect to subdivi- sions as provided in the Subdivision Map Act of the State of California. 3. The Planning Commission shall have all the powers and duties with respect to tentative and final maps, and the procedure relating thereto, which are specified by law and this ordin- ance. 4. It shall be unlawful for any individual, firm, association, syndicate, cop--rtnership, corporation, trust, or any other legal entity, as a principal, agent or otherwise to offer to sell, to contract to sell, or to sell any subdivision of land or any part thereof in the City of Cupertino, unless and until all the requirements hereinafter provided have been complied with. Section :01 Definitions 1. "Map Act" shall be deemed to mean the subdivision Map Act of the 3t9te of California.. 2. "Owner" is the individual, firm, association, syndicate, copartnership, I or corporation having sufficient proprietary interest in the land sought to be subdivided, .to commence and maintain proceedings to subdivide the same under the ordinance. -3- "Subdivider" shall mean any individual, firm, assocition, syndicate, corporation, copartnership, trust or any other legal entity commencing; proce.edin^s under this ordinance to effect a subdivision of 1f=lnd hereunder, for himself or another "Subdivision" sha1a. mean any real property, improved or unimproved; cr portion thereof, shown on the 1^test adopted 5=)nta Cl• ra Count,* tax roll as a. unit or as contiguous unit; which is divided, for the purY,.ose of sple, lease, or sep=-rat use, whether immediate or future, by any subdivider, or into two or more lots, plots, sites, or other divisions of land for said sale, lease, or separ?te use; or any land in which opening or dedication is required, 'Lot" shall mean a parcel or portion of land separated from other p-ircels 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. The definitions and meanir_`s of the following words and phrases, to -wit: "design", "final rnap", "im;�rovement", "Record of Survey NIlap", and "tentative map" as cont^ined in the Subdivision Hap tact of the State of California, and amendments thereto, are adopted as definitions of said wordo and phrases whenever they appear in this ordinance. II - SUBDIVISION MAP`; PEOCEDURE ction :02 Tentative Ma Prelimi:n-ry Subdivision Conference; Prior to the filing of a tentative map, a subdivider shall submit to the Planking Coma.ission sketches and other information concerning proposed or contemplated development. The Planning Com- mission will then 1J0.thin fourteen days schedule a conference with the subdivider and other appropriate public agencies. The Planning ComTiAssion shall furnish a written copy of its recommendations to the subdivider and any other parties to the conference. -5 - �. Community F,�.cilities: Corn-nunity facilities shall be pro- vided for it1 the subdivision process. This ordinance establishes -procedures for the referral of proposed sub- division maps to those boards, bureaus, and other government.. --geucies and utility companies, both public and priv9te, so that the extension of community facilities and utilities may be acccmp)lshed in an orderly manner coincident with a subdivision of land and in accordance with such standards as may be adorned in the General Plan for the City. In order to facilitate the acquisition of land areas required to implement this policy, the Planning Commission shall reauire that land be reserved for schools,parks, playgrounds ^nd other public purposes by the subdivider.. Donations and dedication of land area consistent with the standards of the master plan and in such loctions so as to properly Implement the general plan may be accepted by the City Coun- cil. 3. Filing, filing fees, department ap rovals: Whenever any subdivision shall hereafter be laid out, wholly or partly, within the City of Cupertino, the subdivider thereof, or his :agent, shall cause six copies of a. tentative map of the s!AbCivision to be filed. Said tentative map shall be pre pared by a registe?-•ed civil enEineer or a licensed land surveyor and six copies thereof, together with additional: date required, shall be filed with the Planning Commission at least one week prior to the Planning Commi.ssi.on meeting at which consideration is desired., A filing, fee shall -be re-uired for such tentative subdivision map in accordance with the foll.owin- schedule: 7 to 50 lots: r50 51 to 250 lots: ,'100 251 to 500 lots: ?`200 501 lots and over: ;j;500 Tae Planning Commission shall transmit copies of each ten- tative map to other departments and agencies concerned.. UPC receipt of a copy of a tentative map, each department concerned shall examine the map to ascertain if it conforms rtment. Each department ,;o the .requirements of such depa IM. '%ity head shall return an endorsement to the/cler4 to be affixed to the master cony combining all endorsements, 4. Farm and content: The tentative map shall be clearly and legibly dr2wn and shall be 18" x 25" in size :and to a scale of 1" eq,.ials not more than 200 feet. It shall show clearly the dimensions of the proposed lots and any other information deemed necessary by the Planning Commission, and sh211 cn. tairr the following information; a. The tr%ict number secured from the County Engineer and tract name, date, north point, scale, and sufficient description to define the location and boundaries of the proposed tr-)ct. b. Name and address of record owner or owners. C. rTame and address of the subdivider. d. name and business address of person who prepared the tentative map. e. Sufficient elevations or contours to determine the gener,.�l slope of the land, the high and lots points thereof., and all existing drainage features. Elevation, shall refer to City Datum. f. The locations, names, widths, and a,-proxim2te gr-des (or elevations) of all roads, streets, highways, and ways in the proposed subdivision, or to be offered for dedication. g. The locations, names, and existing width of all the joining and contiguous highways, streets, and ways. h. The approximate widths, locations, and purr_oses of all existing and proposed easements. i, The lot la.y-out and approximate dimensions of each lot. Lots shall be numbered consecutively. J. The dimensions and locations of any existing buildings which are to remain in place on the property; the variety, size, and loc,�tion of all existing trees havin,r a diameter of 4" or greater. k. The existing use or uses of the property. 1. The proposed use or uses of the property. m. A statement of the improvements and public utilities proposed to be installed, Names of utilities concerns should be shown. n. Provisions for sewerage and sewage disposal, o, Public areas proposed. p. Street planting proposed, if any. Justifications and reasons for any exceptions to pro- visions of this ordinance. r. Names of property owners or tract numbers of adjoining land where not abutting on existing streets, Such of the foregoing infor,nation as may not practicably be shown on the map, shall be contained in a written state- ment accompanying the same. s, Planning Comciiission action: The Planning Commission shall determine whether the tentative map is in conformity with the provisions of law and of this ordinance and the Master Plan and upon that basis shall within thirty (30) days after the filing of the tentative map approve, conditionally a-pprove, or dis�,Orove the same, Said action shall, be endorsed on the face of the tentative map. In the event that such tentative map is disapproved, the reasons for such disapproval, referring to the requirement of law and/or of this ordi_nance,:shall be stated in clear and concise terms upon a proper memorandum permanently attached -to said ten- t:--�tive map, togetlier with a clear and concise statement of. which changes will render the map acceptable,:, The Planning Commission may recommend to the subdivider the advisability.' of dedicating, suitable areas for such parks, schools and public building sites that will be resuired for the use of the neighborhood by the population which is intended to occupy the subdivision, under the plan.of proposed property uses therein, In all cases the Planning Commission shall sun est to the subdivider such measures which will make for the excellence of community development, The Flanning Commission may reject a tentative map if the only practical. use which can be made of the property,.as proposed by the subdivider, is a use prohibited by any ordinance,..st-tute, -7— -8- law., or other valiJ regulation, or 1f the property is deemed to be u-ilicalthful for- occupancy„ Section :03 F 1, Filing, filinEr fees, required attachments: Within one year after ap;.=val; or conditional approial, of the tentative map, the aizbdiv'_der shall cause the subdivision or any part thereof to be surveyed and a final ;nap thereof to be pre- pared in corlfcrmuhce with the tentative map as a,,)proved or, conditionally approved. Tracing and prints of the final map, as required by the Colznty llecorder, shell be filed with the City Yngineer, together with a fee of 1©D plus -2 per lot shown on the final map, for checking the final man and for field checking the monuments. An extension of time for filing the final may be granted by the Planning Commission, providing written aprlic�,tion is made by the subdivider within_ one year after action on the tentative map. ,t tohe time of filinE the final map with the City Engineer, the suubdivider shall also file therewith the following: a.. In the event any dedic:-tion is to be made for the public use, a preliminary title report issued by a title insurance compa.riy, in the name of the owner of the land, issued to or for the benefit and protection of the City of Cupertino, showing all parties whose consent is -necessary and their interest therein, except where the land embraced in such subdivision is regis- tered under the Land registration !act, it, the Tana is so reEristered, a cor'y of the certificate of title shall be furnished, certified, b. TYie instrument prohibiting traffic over the side -lines of ,any major hi`hvray, parkway:, street or freeway, when Eiijd if the same is required under Section :o4 hereof c. Calcul?tion and tr-verse sheets, used in computing the distances, angles and curses shown on the final neap and ties to existing and proposed monuments. d, Plans and profiles for all improvements in accordance with the requirements of the City Engineer. e. Executed Agreements and bonds for improvements together with a deposit to cover checking of improvement plans and inspection of all improvements by the City Engineer as required under Article IV. f. Two copies of proposed deed restrictions. 2. Form and content: The Tar) shall be so made and Shall be ir_ such condition when filed that good legible blue prints and negatives can be made therefrom. The size of all drawings shall be eiEhteen by twenty-six inches (18" x 2611). A marginal line shall be drawn complete around each sheet, leaving an entirely blank margin of one inch. The scale of the final map shall be one inch equals not more than one hundred feet (1" = 1001). a, When the final map consists of three (3) or more sheets; a key map showing the relation of the sheets shall be placed on one sheet. Every sheet comprising the map shall bear the scale, north point, legend, sheet number and number of sheets comprising the map. b. Maps filed for the -purpose of reverting subdivided land to acreage shall be conspicuously so designed and desig- nated with the title "The purpose of this map is a reversion to acreage % c. Record of Survey Maps shall be prepared and recorded in accordance with the requirements of the Subdivision Hap Act of the State of California, provided, however, that all provisions of Section :12 of this ordinance be complied with. d, The map shall show clearly what stakes, monuments or other evidences were found on the ground to determine the boundaries of the tract. The corners of all ad- joining subdivisions shall be identified by lot and block numbers, tract name and place of record, or other proper designation. -10- e, Sufficient data must be shown to determine readily the bearings a"nd length of every lot line, block -line and boundary line. Iimensions of lots shall be given as the net dimensions to the boundaries of adjoining streets and shall be shown in feet and hundredths of feet,-- No ditto marks shall be used, .dots containing one acre or more shall show net acreage to nearest one -- hundredth acre. Leari_ngs and distances of straight lines, and radii, arc lengths and central angles of curves shall be shown. f. ':;henever the City Engineer has established the monument line of a street or alley adjacent to or in the pro- posed subdivision, the date shall be shown on the final snap, indicatinu all monuments found and reference to a field boot or map. If the points were reset by ties, that fact shall be st9ted. g„ the map shall show the location and description of all monuments found in making the survey of the subdivision, and shall include bearings and distances to such other existing monuments as may be necessary to establish the position of the proposed subdivision in relation thereto h, In addition the final map shall be prepared in full compliance with the followinE requirements (1) The shall show the line of high water in case the subdivision is adjacent to a stream and/or areas subject to periodic inundation by flood - waters; (2) The boundary of the tract shall be intensified. in such manner as shall not interfere with the leg -- ability of figures or other data, (3) The map shall show the monument and side lines..of all streets, the total width of all streets, the width of the portion being dedicated and the width of existing: dedications, and the widths each side of the monument line, also the width of railroad rights -of -way, a,-pearing on the map.. -10- -11- (4) The map shall show the side lines of all easements to which the lots are subject, The easements shall be clearly labeled and identified. If any easement is riot of record, a statement of such easement must appear on the title sheet. Ease- ments for storm drains, sewers and other purposes .shall be denoted by -ine dotted lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the mad?, it shall be property set out in the oi•ner's certificate of dedication. (5) City boundary lines crossing or abutting the sub- division shall be clearly designated and referenced (6) Lot numbers shall begin with the number 111" and shall continue consecutively through the entire subdivision with no ommissions or duplications. (7) Each block in its entirety shall be shown on one sheet. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with monument line and property line data.. (S) The map shall show all other dots- th^t is or may be required by law. (9) The final map shall particularly define, delineate and designate all lots intended for priV-te pur- pose, public or private, with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication but not accepted for dedication shall each be desig- nated "lNrot a public street", 3. Certifications on the T-ia.p: The following certificates and acknowledgements and all others now or hereafter required by law shall appear on the final map. Such certificates may be combined waere aripropripte. -11- -12- a. A certificate signed and acknowledged by all parties having any record title interest in the land subdivided consenting to the prep^ration and recordation of said map, provided, however, that the signatures of parties owning the following types of interest may be omitted if their names and the nature of their interests are endorsed on the map. (1) Hights-of-way, easements or other interests, none of which can ripen into a fee. (2)ichts-of-wciy, easements or reversions which, by reasons of chanced conditions, long disuse, or laches, appe-r to be no longer of practical use or value and for which a sign -cure is impossible or impractic-1 to obtain. In this case, a reasonable statement of the circumstances preventing the pro- curement of the signatures shall be endorsed on the map. b. A certificate signed and aelmowled.ged as ,abov.e offering for dedication all parcels of land shown on any final map and intended for any public use, except those par- cels other than streets, which are intended for the exclusive use of the lot owners in a subdivision, their licencees, vi.si.tors, tenants, and servants. C. '! certificate by the registered civil engineer or licensed lard surveyor responsible for the survey and the final map. Signature of such civil engineer or surveyor, unless accompanied,by his seal, must be attested. d. A certificate for execution by the City Engineer. e, certific�.te for execution by the County Recorder. f. A certific^te of approval by the City Council for exe- cution by the City Clerk. �Action by the City Engineer, City Council: a, Approval by City Engineer.' Upon receipt of the final map and other dat? submitted therewith, the City Enigineer shall examine such to determine that the sub- division as shown is substantially the same as it -13- appeared on the approved tentative map, and any ,npro�ed alterations thereof; that all provisions of this ordinance or of any ordinance applicable at the tiTe of approval of the tentative map is technically correct, If the r-,ial; is found to be technically correct and in conformance with the regulations of the approved tentative mar, and if a field check of the monuments proves them to be correctly set the City Engineer shalt certify said map and transmit it to the City Clerk., b. In the event the subdivision is partly in the City and partly in the Coutlty, the County Engineer and the City Engineer shall enter into an agr_ement by and with the consent of their respective governing bodies, providing that either $hall perform the duties prescribed for the City Engine,�r in this section, or providing for an apportionment between them of said duties. Either, when by such agreement all such duties devolve on him, bay after his performance thereof, make the aforesaid= certification upon said map, and, when by such agree- ment'said duties are apportioned between the County engineer and the City Engineer, each shall, after the -performance thereof make a certification on said map, covering the duties performed by each, c. Approval by City Council. At its first regular meeting following the filing'of,said map with the City Clerk, the City Council shall consider said map and the offers of dedic:=:.tion. The City Council may reject any offers of dedication. If the City Council shall determine that said map Is in conformity with the requirements of this ordinance and that it is satisfied with the plan of subdivision it shall.approve said map. When the subdivider shall have filed with the City Clerk the re^ui.red Agreements and Bonds as described in Article IV hereof, and when such agreements and bonds h-ve been approved by the City Attorney as to form, and by the City Engineer as to'sufficiency, the City Clerk shall present said map to the Clerk of the Board of Supervi.-. �y� -14- No map shall have any force or effect until the same has been approved by the City Council, and no title to any property described in any offer of dedication shall pass until the map has been recorded in the Office of the County Recorder, ARTICLE III - GENERAL SUBDIVISION Rn.(,UIREMENTS �s 04 Streets and Fi hways. 1, Street dedications: The street and highway design shall conform both in width and alignment to any master plan of streets and highways approved by the City Council, the rights of way for any such streets or highway indicated on said master plan shall be dedicated, 2, The street and highway design shall conform to any pro- ceedings affecting the subdivision which may have been initiated by the City Council, or approved by said Council upon initiation by other legally constituted bodies of the City, County, or State. If a p9 rcel of land to be sub- divided includes a portion of the right of way to be acquired for a freer -,ay or parkway, then the City Council shall determine the boundaries of the right of way to be acquired. The subdivider shall either dedicate or withhold from subdivision all the area included in the said right of way. 3, The following general requirements shall apply to street and highway design; a. All streets shall as far as practicable be in alignment with the existing: adjacent streets by continuations, the center line thereof, or adjustments by curves and shall be in general conformity with the master plan made for the most advantageous development of the area in which the subdivision lies, b, The street center lines shall be required to intersect one another to an angle as near a right angle as is practicable by tangents not less than 75 feet in lengt, -14- -15- c.• Where necessary to give access to or permit a satis- factory future subdivision on adjoining land, streets shall extend to the boundary of the property and the resulting deadend streets may be approved without a turn -around.. In all other cases, a turn -around having a minimum radius of 40 feet shall be rea.uired d. On all street intersections the property line at each blocl� corner shall be rounded by a curve having a r= ,ius of not less ths;;n 20 feet.,, Whenever a major street or highway intersects any other street or high- way, or if streets intersect at other than right angles, a Ereater curve radius may be required,,, e. The center line curve radii on all streets and highways shall conform to accepted engineering standards of design and shall be subject to approval by the City Fngineer. f. Feserve strips controlling the access to public ways, or which ill not prove taxable for special improvements will not be approved unless such strips are necessary for the protection of public welfare or..of substantial. property riEhts, or both, and in no case, except in which the control and the d.isposal.of the land com-- prising such strips is placed definitely„within the. Jurisdiction of the City under conditions'approve_d by the City Council. 4. Widths: Streets ar.d hi­hways not shown on any master street and highway plan, or affected by proceedings initiated by the City Council; or approved by the City Council upon initiation by other legally constituted governmental -bodies, shall be of the widths as set forth hereunder, except where it can be shown by the subdivider to the satisfaction of tho City Engineer that the topography or the small number of lots served and the probable future traffic development are such as to uncuestionably justify a narrower width. In- creased widths may be required where streets are to serve commercial property) or where probable traffic conditions warrant such increased widths.. -15- -16- a.. Major streets or highways: Right-of-way 901 four lane, 120 � s i_x lane. ba, Seccodary streets or highways: Right -o{ ova;; ('-,Cl or 701, Co. Local streets: ilinimum right-.of-wey 50 d„ streets and service roads when aQt over 350 feet ir. l e-Li--th: Piinimum right-of-way 56. feat. Thi s na-�- to a Tirimum right of way of 50 feet if .he '_'c:i!1n_+_ssioxi determines that such reduction is c,ue tc exceptioral conditions, 'and for the onuefit of" the entire subdivision. 5, Service Roads and Off -Street Parking;, When lots proposed for commercial usage front on any major or secondary street or highway, the subdivider may be required to dedicate and improve a service road to provide ingress and egress to and from such lots, or in lieu thereof, if approved by the Pla. n't.rg• Cummission, the subdivider may dedicate for public use ar i alprovement area adjacent to such lots for off-stree' parl.:Lr_g hen any lots proposed for residential use J'rcn",- or aii�T freeray, state higniaay, or parkway, the subdivider sta'..? dedi.cete and imKpr•ove a service road at the fro'at of such lots, unless such is already existent as part of such freeway cr parkway. In addition to any requirement for a service road, tree P1�,rnl,n Commissior_ may require adequate off-streeu" l-,arkiiig arras for all lots proposed for commercial. use, 6. Non -access and Planting Strips: Glop .i the rear or side lire., of ary lots border a.riy major or se.:orCary street, highway or parkway, ttic subdivider may be required to execute and del .% er to the Ci';v an iilstrumen-� teemed sufficient by the City i'ittorney, pro'V.biting the of .r.gress and Egress to such :acts across the side litres of sail-h streets or high- way, ';.7Gzi the rear er side lines of any lots bcrder any frecway , state highway or parki�jay, tte su.bdlvider may be to dedicate and improve a plant;ng s*,r•ip adjacent or freeway. 7. Alleys: When any lots are proposed for commercial or Indus trial usage, alleys at least 20 feet in width silall be provided at such locations as may be required by the Plan- nin,' Commission, with adequate ingress and egress for truck traffic. 8. Street All street names shall be approved by the City C-urrc* anu no d�_ipl i.cated street names shall be per- mitted 9. Future Streets :end L^r-,e-lot Su divisions: Where =� parcel is subdivided into a tr•^ct of lots of one .acre or more, the bloclti shall be of such size and shape and be so divided into lots as to provide for the extension and opening of streets end alleys at such intervals as will permit a sub- seauent division of any parcel into lots of smaller legal size. Section _: U[___ ra�ements The subdivider shall €-r`an't easements not less than ten (10) feet in width for public utility, sanitgry sewer, and drainage purposes along th.e rear lot lines, along side lot lines or in planting; strips wherzrer necessary. Easements of lesser widths may be allowed after ter. days written notice to the affected utility co npany or co,n-anies, when at the determination of the City Engineer, the purposes of the easement may be accomplished by easements cf lesser width, and provided that in such deter- mination, the City Engineer shall prescribe the width of such e^se°rent, Upon receipt of notice, the effected utility may present its objections and/or recommendations to the City Engineer whose decision on the matter will be final. Dedicatio of e�sFments shall be for the purrose of ixlstalling utilities, nlanting strips ,nd for other public purposes as may be ordered or directed by the City Council, Easements for overhead pole lines shall be provided at the rear of 0.11 1.0ts, except where alleys are available or where the reluirement is waived by 'the City P1..nning Commission. Section :do Lots to Size end �, p e : The size and shape of lots shall be in con- for,�aInce uOl.th 9--,,ay zo-iing regul•�,tions effective in the area of the proposed subdivision, but shall have an area of not less than 10,000 squgr•e feet. Lct bet.r:e= Ard 1; ",,-.y be Comriissior, 2. Side line: Tlae. side lines of ^11 lots, as far as possible, shall be �;.t right an les to streets or radial to curved streets. 3, City Found ry Lires: Lots shall not be divided by a city boundary lino.. 4. rouble -frontage: Interior lots having double frontage will not be apy. roved . Section : 07 P I k1A,ays The subdivider may be re-uired to dedicate and improve walkways to lonE.• blocks or to provide access to school, park, or other .*ublic areas. Segtiorl r_ ..03 V.ater Courses The subdivider shall, subject to riparian rights, dedicate a s ;7,^y b. FapYrovPd '�;v t.-ie City i'n�i.neer right of way/l or storm. drainage purposes conforming substantially with 'the lines of any natural water course or channel, stream or creek thgttraverses the subdivision, or provide by dedication further and sufficient easements or construction, or both -is : pp roved i �� .t h- i_' ;, aF in,� N; to dispo��e of such surface :.end storri v-t r, Section :09_„F1060 Cond.tt�.ons If any portion of any land, within the boundaries shown on any such i i_n_a.l map or record of survey map, is subject to overflow, inundation or flood '..,=r'r by storm waters, such fact and said portion shall be clearly shown on such final map or record of survey map and enclosed in a border on each sheet of said map. Section :1oan,-?ster Plan Ti, all rest ects the subd ivis ion will be considered in relation to tlne master Man of the Ci�.y, or any part thereof, or preliminary �'n thereof. .ans grade in gnticinatio T'eed 1iestricticns .oies of any proposed deed restrictions shall be filed wit' - '�,n-ineer at the time of filings of the Final map, 1. Standards ana 'Approval: a. All improvements hereinafter mentioned shall be not less than those set forth in the "Standard Specifications of the City of Cupertino" adopted by resolution of the City Council, except that prior to the 6doption of said resolution, all improvements shall be in accordance with the requirements of the City Engineer, not be cgiD6nced until plans and b, Improvement work shall profiles for such work have been submitted to and approves by the City Engineer, Such plans' are required before approval of the final maps. o, All required jm.provements shall e constructed under the Inspection of and the approval of the City Engineer. Cost of checking plans and inspection of work shall be paid by the subdivider. d. All main line utilities, sanitary sewers and laterals and storm sewers when the same are to lie and be installed in the paved portion of streets, service roads, alleys or highways; shall be constructed prior to the surfacing'of public streets, service rods, alleys, or.highways. 2. General Heouirelients: a. Street grades: All streets and highways shall be graded and surfaced to widths and grades approved by the City Engineers The subdivider shall improve the extension of all subdivision streets, highways, or public ways to the Intercepting pavin` line of any county road, City street or State highway. b. Structures; drainage; access/public safety: Structures for drainage, access and/or public safety shall be installed as deemed necessary by the City Engineer. Such structures shall be designed and placed to loc^tions and grades approved by the City Engineer. c,, Curbs and Gutters: Vertis,lcurbs and gutters shall be installed to locations and grades approved by the City Engineer 1., :Sidewalks: Sidewalks shall be installed, to loc tions and grades approved by the "ity Engineer. _� e. -2p_ em Sewers; storm drains; Sanitary sewer facilities shall be 11le-1 to serve each lot. No septic tanks or be permitted. Storm sewers or inverted wells &,'-•.a. ). 1-e installed as required by the City Enginee- f. Water atie Gp,s : Hater mains and gas mains shall be insta".7 E'C, as required by the City Engineer, Fire hydrae-' !,.;"; a11ed as 3,-P : ro- eC.'. by the Co 't. i :t f l-re -. It r: ty. St.ree"O .4-hts shall be installed by t-he a,rad SY 1.1 t:e as �­.i.'r.1,ov-ca by the C4 ty Ergineer- h. Rai lrud. Crossings: Provisions shall be made for any an, all. ra - road c-ossings necessary to provide access to, or within, the proposed subdivision, includir the nrt,r _ :,aj•_cn of documents necessary for application to the Ca11fo.r.15.& St-Pte Public li:,ili.ties Commission for the establishment and improvement of such crossing improve— went, which irr_pr;:ve-nent shall be borne by the subdiv.io.e , :_.�bdi ider shall deposit five year's rer a' f Dr n8e;ereary nt;.mber cf fire hi-drant's as deter- mi.n�'! by Lie C_'11ef' of the Tire r`e;'artmen-;,o j a Grnaia^r_t al lT. ';.'., �, and Fi,uit Ti,ees : mne subdivider shall mark on his initial plot map thL iariety, size and loc-tion of all ii ,-tive or c,ic-mental trees having a diameter of 4" or greater,. tr-ee may be destroi ed until applicart has se.t-1--f i;ad. tl,e City Lrgineei, •ci-rat such tree either has rt,. 19n(:scaping value, or is so badly located tbat it cr nnot reasonably be integr -ted into the plan of d<_�vslopment. (2i Tn;z s�,'�ait>iaex shall remove all fru`_t trees which -Ia. lie n_1 the property unless some reasonable party a. bon(_ satisfactory ir. .form to the City i�ttor•. s^.ti sfae'tcry in amoixnt to the Planning C,.-1�i;csior. as;ur•ing adequate pruning, spraying; and 3,iEr cultural pr9ctices to protect neighboring ? :r�.culcural uses from diseases or pests which mig"'- �e Lar'oored or spread because of inadequately �._` ^ees In subdivisions. -21- a. Monuments a. Monuments and monument bases shall conform to standards of the City of Cupertino. monuments shall be set at each bound-ry corner of the subdivision and along the exterior boundary lines at intervals of a'._1L roximately five hundred (500) feet. Monuments and monument bases shall be set at intersections of all street monument line tantents and at both the beginning of curves and ending of curves of all monument line curves„ All monuments that are required to be set, shall be marked to conform with the provisions of Section 8772 of the Business and i rofessions Code of the St^te of California and subsecuent amendments thereof and the proV.isions of this ordinance. b. Aocurate beech marks shall be established on the monu- ment or other approved location at each street inter- section, and the elevation thereof referred to the City Datum, shall be filed with the City Engineer. c, Each lot corner shall be marked by a stake or pipe. ARTICLE IV - AGBI:,Ei17Ei,TS Ai-T. PONDS Section :1' Improvement Agreement Before arproval by the City Council of the final map, the sub- divider shall execute and file an agreement between himself and the City, specifying the period within which he shall complete all improvement work to the satisfaction of the City Engineer a.rd providing th?t if he should fail to complete such work with- in such period, the City may complete the same and recover the full Cost and expense thereof from the subdivider The agree- ment shall also provide for checking of improvement plans and inspection for all improvements by the City Engineer and reim- bursement of the cost of such checking and inspection. Such r:gr.e7ment may also provide: --'or the construction of the improvements in units; i ,r an extension of tune under conditions therein specifie? -•22- �. For the termination of the agreement upon the completion of proceedl:igs under an .assessment District Act for construc- tion of deemed by the City Engineer to be at least the e,-1uivalent of the improvements specified in said rgreemcnt, and re --wired to be constructed by the subdivider, h For progress Payments to the subdivider for any deposit money i�,hich the subdivider may have filed in lieu of a surety bond, as provided by the next succeeding section. Section --14 In roveme_nt Bond Subdivider shall also file with the fiforesaid agreement, to assure his full e nd faithful performance thereof, a bond for such sum as is sufficient to cover the cost of said improvements and inspections. The amount of such bond shall be as required by the City Council. Such bonds shall be executed by a surety company authorized to tr-)nsact a surety business in the State of California avid. must be approved by the City Attorney as to form and by the City Council as to sufficiency. In lieu of said bond, the subdivider may deposit cash or certified or cashier's check rith the City Clerk. In the event the subdivider shall fail to complete all imrrovement work in accord=ante with the provisions of this ordina­.,ce, and the City shall have completed same, or if the subdivider shall fall to reimburse the City for the cost of inspection., the City shall call on the surety for reimbursement or shall appropriate any cash deposit funds for reimbursement. sLot, iOn .15 Sewer and Storm raina,e Agreements In the event the immediate construction of storm sewers to serve the subdivision is not reau.ired by the City Engineer, the sub- divider shall execute and file an agreement between himself and the City., providing that he shall contribute to the future con- st.^uction of storm sewers which 1,1ill be of benefit to the -22- subdivision, whether the construction is performed by the City or any other public district or body, The agreement shall specify the termination date of same, shall provide that the Cit., may call for the contribution at any time during the period of the agreement, provided, however, that the City shall not h?ve the riEht to call for the contribution unless plans have been made and a resolutior r.a.ssed to advertise for bids. The agree- ment shall also specify the termination date of same, shall pro- vide that the City may call for the contribution at any time during the period of the agreement, The agreement shall also specify the amount of the contribution, which amount shall be determined by the City Engineer, Sect Ion :16 Sewer and Storm Drainage 72nds In the event that t':qe .agreement described In Section above is executed, subdivider shall also file to assure his full and faithful performance of the agreement, a bond for such sum as is suff.ic3.ent to cover the amount of the contribution. The term of the bond shall cover the full term of the agreement. Such bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City !Attorney as to form and by the City Engineer as to sufficiency. In lieu of said bond the subdivider may deposit cash of certified check with the City Clerk, Section :17 :ipJ�?ases and Extensions No extension of ti-me, progress payments from cash deposits, or releases of su.recy '-end or each 3eroslshall be made except upon he certi_ficatio-a by the C t,y Engineer that work covered thereby ',,,.as been satisfactorily completed, and upon approval by the City -24-- ARTICLE V - E .CEPTIONS Section :18 !�,?rlic tion for an Exception The Planning Commission may recommend that the City Council authorize conditional exceptions to any of the recuirements and regulations set forth in this ordinance. :application for any such exception shall be made by a petition of the subdivider stating fully the grounds of the application and the facts relied uiDon by the petitioner. Such petition shall be filed with the tentative map of the subdivision. In order for the property .referred to in the petition to come within the provisio, of this section, it shall be necessary that the Planning Commis- sion shall find the follotqing facts with respect thereto:: 1. That there are special circumstances and conditions affectin, .said property. 2.� That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner.- �. That the ora.nting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated„ Section :19 Pl.a-nnin r Coill7JSSion Action 1, In recommendinF, such exceptions, the Planning Commission sh311 secure substantially the objectives of the regulations to tahich exceptions are requested, and shall act to protect the public health, safetyO convenience, and general welfare. 2. In recommending the authorization of any exception under the provisions of this section, the Planning Commission shall report to the City Council its findings with respect thereto and all facts in connection therewith, and shall specificall and fully set forth the exception recommended and the con- ditions designated. -24- -25- Section :20 City Council Action Upon receipt of such report, the City Council may, by resolution authorize the Planning Commission to approve the tentative map with or without exceptions and conditions recommended by the .Manning Commission and with such other exceptions, if any, as the City Council deems necessary to substantially secure the objectives of this ordinance. ARTICLE VI - APPEALS, PENALTIES, CONSTITUTIONALITY Section °21 Appeal 1, Notice: Appeal may be made from any decision, determination; or requirement of the Planning Commission, or of the City Engineer, by filing- a notice thereof, in writing, with the City Clerk within ten (10) days after such decision or determination or requirement is made. Such notice shall set forth in detail the action and the grounds on which the sub- divider deems himself aggrieved. 2. Report: The City Clerk shall report the filing of such notice to the Planning Commission and City Engineer, A written report shall be submitted to the City Council by the one whose decision, determination, or requirement is being appealed. 3. Action on Appeal: The City Council, at its next regular meeting following the filin`: of said appeal, or within ten �10) 'ays fo].lovaip the filing thereof, shall set appeal for heariri-`to.be held within (10)'daays Viereafter ,ir.d !such . hei .: .ring m�av for pc>od cause be continued by order of the City Council. Upon the hearing of said appear the City Council may sustain, over -rule, or modify the decision, determination, or requirement appealed from, and enter any such order or orders as are in harmony with the spirit and purpose of this ordinance, and such dis- position of the appeal shall be final. -25- q, Section :22 Sepa.rability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitu- tional by the decision of any court of competent jurisdiction, such decisions shall not O.ffect the validity of the remaining portions of this orair.�ance„ The City Council of the City of Cupertino, St!-ite of California, hereby declares that it would have passed this ordinance in each section, sub -section, senteno° clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 22, Penalties Any person, firm, corporation, partnership, or copartnership who wilfully violates any of the provisions, or fails to comply with any of the mandatory requirements of this ordinance, is guilty of a misc'.,emeanor, and upon conviction thereof, shall be punishable by a. fine not to exceed :;:500,00 or by imprison- ment not to exceed six (6) months, cr by both fine and imprison- ment, e:rcept that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the City of Cupertino or other ,political subdivision, or any person, firm, corporation, partnership, or copartnership may otherwise be entitled, and the City of Cupertino or any other political subdivision, or person, firm, corporation, partnership, or copartnership may file a suit in the Superior Court of the County of Santa Clara, to restrain or enjoin any attempted or proposed subdivisions, or acts, in violation of this ordinance. Section :24 Ordinances Re?oeale All ordinances and parts of ordinances of the City of Cupertino, in conflict herewith to t)ie extent of such conflict and no fur;,her, are hereby repealed. _27_ Section '?5 `JrF_,enc,y Clause This Ordinance is ado.-ted as a. temporary interim urgency measure pursuant to Section 65806 of the Government Code of the State of California in view of the fact that permanent subdivision and zoning ordinances are presently being prepared by the City; that immediate passage is necessary to control subdivision development pending the passage of the foregoing Ordinances; that this Ordinance shall continue in full force and effect until the expiration of one (1) year of the date thereof or until repealed by the permanent Ordinances. PASSED AND ADOPTED by the City Council of the City of Cupertino, County of Santa Clara., State of California, this 3rd day of February 1958, by the following vote: AYES: Counciliberi,- Meyerholz* Wathgn4on, PniZler' Saich, I ilsor NOES: Councilmen, None ABSENT: Councilmen, None Approved: /s R T lie erhol,z ter... Mayor, City of Cupertino Attest: JS� / Lawrence i�. Martin City Clerk