Ordinance 047 (revised)ORDINANCE N0. 47 (Revised)
AN ORDINANCE OF THE CITY OF CUPER`I'INO REGULATING THE DIVISION AND
SUBDIVISION OF LAND THEREIN, THE :?REPARATION AND PRESENTATION OF
TENTATIVE AND FINAL MAPS THEREFOR., ESTABLISHING MINIMUM SUBDIVI-
SION DESIGN STANDARDS, PROVIDING :yOR MINIMUM IMPROVEMENTS TO BE
MADE OR GUARANTEED TO BE MADE BY ~PHE SUBDIVIDER, PRESCRIBING THE
PROCEDURE TO BE FOLLOWED IN APPLY:LNG THESE REGULATIONS AND STAN-
DARDS, PRESCRIBING PENALTIES FOR `TIOLATIONS OF THIS ORDINANCE AND
REPEALING SUCH ORDINANCES AND POR`.['ION OF ORDINANCES AS MAY BE IN
CONFLICT WITH THIS ORDINANCE.
THE CITY COUNCIL OF THE CITY OF CIJPERTINO DOES ORDAIN AS FOLLOWS:
AUTHORITY: PURPOSE: DEF:LNITIONS
SECTION l: Purpose of and Authority for this Ordinance
Section l:l: Purpose of this Ordinance: This ordinance
is enacted for the purpose of adopting subdivision regulations
for the City of Cupertino, State ~~f California. Ordinance ~+7 is
hereby repealed as of the effecti~;re date of this ordinance.
Section 1:2: Advisory Agenc;~r: The Planning Commission of
the City of Cupertino is hereby designated as the advisory agency
with respect to subdivisions as provided in the Subdivision Map
Act of the State of California.
Section 1:3: Planning Cornrni~~sion Powers: The Planning Com-
mission and Council shall have all the powers and duties with re-
spect to tentative and final maps, and the procedure relating
thereto, which are specified by l~~.w and this ordinance.
Section l:~l-: Basic Legal Re~Xuirements: It shall be unlawful
for any individual, firm, association, syndicate, co-partne rship,
corporation, trust, or any other .Legal entity, as a principal,
agent or otherwise to offer to se 11, to contract to sell, or to
sell any subdivision of land or a~zy part thereof in the City of
Cupertino, unless and until all t:~e requirements hereinafter pro-
vided have been complied with.
Section 1:5: Voidability of Deeds or Contracts: Any deed or
conveyance, sale or contract to s~=11 made contrary to the provi-
sions of this ordinance is voidable at the sole option of the
grantee, buyer, or person contracting to purchase, his heirs,
personal representative, or trustee in insolvency bankruptcy
within one year after the date of execution of the deed of con-
veyance, sale, or contract to sell, but the deed of conveyance,
sale, or contract to sell is binding upon any assignee or trans-
feree of the grantee, buyer, 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.
SECTION 2: Definitions
Section 2:1: Map Act: "Map Act" shall be deemed to mean
the Subdivision Map Act of the St~~,te of California.
Section 2: 2: Oven er: "Owner" is the .individual, firm asso-
ciation, syndicate, co-partnership, or corporation having suffi-
cient proprietary interest in the land sought to be subdivided,
to commence and maintain proceedings to subdivide the same under
this ordinance.
Section 2:3: Subdivider: "Subdivider" shall mean any indi-
vidual, firm, association, syndicate, corporatio n, co-partnership,
trust or any other legal entity commencing proceedings under this
ordinance to effect a subdivision of land hereunder, for himself
or another.
Section 2:~4: Subdivision: "Subdivision" shall mean any
real property, improved or unimproved, or portion thereof, shown
on the latest adopted Santa Clara County tax roll as a unit or as
contiguous units which is divided, for the purpose of sale, lease,
or separate use, whether immediate or future, by any subdivider,
or into two or more lots, plots, sites, or divisions of land for
said sale, lease, or separate use; or any land in which road open-
ing is required.
Section 2:5: Lot: "Lot" shall mean a parcel or po rtion 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.
Section 2: 6: Means of Access: A "means of access" is a
street, right of way, easement, or way of necessity or other
thoroughfare except an alley, as hereinafter defined, designed
for ingress to or egress from any parcel of the land to a public
street.
Section 2:7: Alley: An "alley" is any public or private
thoroughfare not exceeding thirty feet in width for the use of
pedestrians and~or vehicle which affords only a secondary means
of access to abutting property.
Section 2: 8: Improvement: "Improvement: refers to, without
being limited to, such street work, utilities, storm and sanitary
sewers and water course improvements to be installed or agreed
to be installed by the subdivider on the land dedicated or to be
dedicated for streets, highways, public ways, and easements, as
are necessary for the general use of the lot owners in the sub-
division.
Section 2:9: Right of Way: The term "right of way" as
used in this ordinance includes all or any part of the entire
width of a road, street, or highway easement whether or not such
entire area is actually used for road, street or highway purposes.
Section 2:10: Other Definitions: The
ings of the following words and phrases, to
map", "record of survey map" and "tentative
the Subdivision Map Act of the State of Cal
thereto, are adopted as definitions of said
whenever they appear in this ordinance.
definitions and mean-
wit: "design", "final
map" as contained in
if~rnia, and amendments
words and phrases
SUBDIVISION MAPS: PROCEDURE
SECTION 3: Tentative Maps
Section 3:1: Community Facilities: Community facilities
shall be provided for in the subdivision process. This ordinance
establishes procedures for the referral of proposed subdivision
maps to those boards, bureaus, and other government agencies and
utility companies, both public and private, so that the extension
of community facilities and utilities may be accomplished in an
orderly manner coincident with a subdivision of land and in accord-
ance with such standards as may be adopted in the General Plan for
the City. In order to facilitiate the acquisition of land areas
required to implement this policy, the Planning Commission shall
require that land be reserved for schools, parks, playgrounds and
other public purposes by the subdivider. Donations and dedication
of land area consistent with the standards of the master plan and
in such locations so as to properly implement the general plan
may be accepted by the City Council.
Section 3:2: Filing, Filing Fees, Department Approvals: Whe~-
ever any Subdivision shall hereafter be laid out, wholly or partly,
within the City of Cupertino, the subdivider thereof, or his agent,
shall cause twenty (20) prints and one reproducible duplicate of
tentative maps of the subdivision to be filed. Said tentative maps
shall be prepared by a registered civil engineer or a licensed land
surveyor and twenty (20) prints ~tind one reproducible duplicate
thereof, together with additiona:L data required, shall be filed
with the Planning Commission at lE~ast one week prior to the Planning
Commission meeting at which cons:_deration is desired. A filing fee
shall be required for such tentative subdivision maps in accordance
with the following schedule:
a 2 to 50 lots 50.00
b 51 to 250 lot;s 100.00
c 251 to 500 lots 200.00
d 501 lots and over 500.00
The Planning Commission shall tr~~nsmit copies of each tentative
map to other departments and agencies concerned. Upon receipt of
a copy of a tentative map, each department concerned shall examine
the map to ascertain if it confoi~rns to the requirements of such
department. Each department head shall return an endorsement to
the City Clerk to be affixed to t;he master copy combining all en-
dorsements.
Section 3:3: Form and ContE~nt: The tentative map shall be
clearly and legibly drawn and sh~.ll be 18" x 26- in size and to a
scale of 1" equals 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 shall contain the
following infor mation:
(a) The tract name, date, north point, scale, and suf-
ficient description to define the location and
boundaries of the proposed tract.
(b) Name and address of record owner or owners.
(c) Na me 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
general slope of t-he land, the high and low points
thereof, and all Existing drainage features. Eleva-
tions shall refer to City Datum.
(f) The locations, names, widths, and approximate grades
(or elevations) of all roads, streets, highways, and
ways in the propo:~ed 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 lot lay-out ar~d approximate dimensions of each
lot. Lots shall k~e numbered consecutively.
(i) The dimensions anc. locations of any existing build-
ings which are to remain in place on theYroperty;
the variety, size and location og all existing
trees having a di~.meter of ~" or greater, except
orchard trees, wh3.ch shall be shown by general area,
location and spac3.ng of rows .
(j) The existing use or uses of the property.
(k) The proposed use or uses of the property.
(1) A statement of thE~ improvements and public utilities
proposed to be in;>talled. Names of utilities con-
cerns should be sYiown.
(m) Provisions for seUrerage and sewage disposal.
(n) Public areas proposed.
(o) Street planting proposed, if any.
(p) Justifications and reasons for any exceptions to
provisions of this ordinance.
(q) Names of property owners or tract numbers of ad-
joining land where not abutting on existing streets.
Such of the foregoing information as may not practicably be shown
on the map, shall be contained in a written statement accompany-
ing the same.
Section 3:~+: Contour Maps and Grading Plans - Five or More
Lots: The subdivider shall file, with the tentative maps, accurate
contour maps showing the contour at reasonable intervals. Where
the grade of the tract or parts of it exceed 5/, the subdivider
may also be required to submit an overall granding plan of the
tract showing features of the land adjacentt~ the tract within
a minimum distance of one hundred (100) feet therefrom which would
tend to affect the subdivision. In those cases in which a grading
plan is required, the grading plan will show how positive runoff
of surface waters from individual lots will be achieved and the
means by which ultimate disposal of the subdivision surface waters
will be accomplished.
Section 3:5: Distribution of Tentative Maps: Upon receipt
of maps and filing fees from the subdivider, the advisory agency
shall immediately transmit copies of said map, together with the
contour map and grading plan if required, as follows:
(a) Central Fire District - 1
(b) City Clerk - 1
(c) City Engineer - 2 plus 1 reproducible
(d) City Manager - 1
(e) City Planning Department - 1
(f) City Recreation Commission - 1
(g) City Traffic Engineer - 1
(h) County Flood Control - 1
(i) County Health Department - 1
(j) Cupertino Sanitary District - 1
(m) Cupertino School District - 1
(n) Fremont High School District - 1
(o) Appropriate Water Company - 1
If any of the foregoing agencies do not submit a report to the
advisory agency within ten (10) days of receipt of said map, then
said map shall be deemed approved by that agency.
Section 3:6: Planning Commission Action: The Planning Com-
mission 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 thi rty (30) days after the
filing of the tentative map approve, condition ally approve, or dis-
approve 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 ordinance, shell be stated in clear and concise
terms upon a proper memorandum pE~rmanently attached to said tenta-
tive map, together with a clear ~~nd concise statement of which
changes will render the map acce~~ta'ole. The Planning Commission
may recommend to the subdivider t;he advisability of dedicating
suitable areas for such parks, schools and public building sites
that will be required for the usE~ of the neighborhood by the popu-
lation which is intended to occu~~y the subdivision, under the plan
of proposed property uses therein. In all cases the Planning Com-
mission shall suggest to the subdivider such measures which will
make for the excellence of comrriur~ity development. The Planning
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 ordin~.nce, statute, law, or other valid
regulation, or if the property iti~, deemed to be unhealthful for
occupancy.
Section 3:7: City Council P..ction: Immediately upon approval
of a tentative map pursuant o tr~is article, the Planning Com-
mission shall refer the tentativE~ map along with all records on
the matter to the City Council for review at its next regular
meeting. The City Council shall approve by minute order or refer
any recommended changes back to t:he Planning Commission. The ap-
plicant in each case shall be so advised that he may appear be-
fore the Council to answer any gL~estions that may be deemed
appropriate.
SECTION ~F: Final Map
Section ~:1: Filin , Filin; Fees, Required Attachments:
Within one year a ter approval, or conditional approval, of the
tentative map, the subdivider shall cause the subdivision o r any
part thereof to be surveyed and ~, final map thereof to be pre-
pared in conformance with the tentative map as approved or con-
ditionally approved. Tracing and. prints of the final map, as
required by the County Recorder, shall be filed with the City
Engineer, together with a fee of $100 plus ~2 per lot shown on
the final map, for checking the final map and for field checking
the monuments. An extension of time for filing the final may be
granted by the Planning Commission, providing written application
is made by the subdivider wi'chin one year after action on the ten-
tative map. At the time of filir..g the final map with the City
Engineer, the subdivider shall also file th erewith the following:
(a) In the event any dedication is to be made for the
public use, a preliminary title report issued by a
title insurance ccmpany, in the name of the owner of
the land, issued to or for the benefit and protection
of the City of CuX~ertino, showing all parties whose
consent is necessary and their interest therein, ex-
cept where the land embraced in such subdivision is
registered under the Land Registration Act. If the
land is so registered, a copy of the certificate of
title shall be furnished, certified.
(b) The instrument prohibiting traffic over the side
lines of any major highway, parkway, street or free-
way, when and if the same is required under Section 5
of this ordinance.
(c) Calculation and traverse sheets, used in computing
the distances, angles and courses shown on the final
map 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 to-
gether with a deposit to cover checking of improvements
plans and inspection of all improvements by the
City Engineer as required under Section 1~ of this
ordinance.
(f) Two copies of proposed deed restrictions.
Section ~F:2: Form and content: The map shall be so made and
shall be in such condition when filed that good legible blue prints
and negatives can be made therefrom. The size of all drawings shall
be eighteen by twenty-six inches (18" x 26"). A marginal line shall
be drawn complete around each sheet, leaving an entirely blank mar-
gin of one inch. The scale of the final map shall be one inch
equals not more than one hundred feet (1" = 100 0 .
(a) When the final map consists of three (3) or more
sheets, a key map showing the relating of the sheets
shall be placed on one sheet. Every sheet comprising
the map shall bear-the scale, north paint, 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 designated 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
Map Act of the State of California, provided, however
that all provisions of Section 13 of this ordinance
have been complied with.
(d) The map shall show clearly wh,
other evidences were found on
the boundaries of the tract.
,joining subdivisions shall be
block numbers, tract name and
other proper designation.
~,t stakes, monuments or
the ground to determine
The corners of all ad-
identified by lot and
place of record, or
(e) Sufficient data must be shown to determine readily
the bearings and length of every lot line, block
line and boundary line and set back line. Dimen-
sions 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 mark
shall be used. Lots containing one-half acre or more
shall show net acreage to nearest one-hundredth acre.
Bearings and distances of straight lines, and radii,
arc lenghts and central angles of curves shall be
shown.
(f) Whenever the City Engineer Ya s established the monu-
ment line of a street or alley adjacent to or in the
proposed subdivision, the date shall be shown on the
final map, indicating all monuments found and refer-
ence to a field book or map. If the points were re-
set by ties, that fact shall be stated.
(g) The map shall show the location and description of
all monuments found in making the survey of the sub-
division, 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 following requirements:
(1) The map 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
legibility 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 ~;ide of the monument line, also
the width of railroad rights-of-way, appearing
on the map.
(~) The map shall. show the side lines of all ease-
ments to which the lots are subject. The ease-
ments shall k~e clearly labeled and identified.
If any easement is not of record, a statement
of such easement must appear on the title sheet.
Easements foz° storm drains, dowers and other
purposes shall be denoted by fine dotted lines.
The width of the easement and the lengths and
bearings of t:he lines thereof and sufficient
ties thereto to definitely locate the easement
with respect to the subdivision mts t be shown .
If the easemE~nt is being dedicated by the map,
it shall be x~roperly set out in the owner's
certificate of dedication.
(5) City boundary lines crossing or abutting the
subdivision shall be clearly designated and
referenced.
(6) Lot numbers shall begin with the number "l" and
shall contirn;:e consecutively through the entire
subdivision with no omissions or duplications.
(7) Each block ir.: its entirety shall be shown on one
sheet, when ~~ossible. Where adjoining blocks
appear on se~~arate sheets, the street adjoining
both blocks shall be shown on both sheets com-
plete with monument line and property line data.
(8) The map shall. show all other data that is or may
be required x~y law..
(g) The final maxi shall particularly define, delineate
and designate all lots intended for private pur-
pose, public or private, with all dimensions,
boundaries ar..d courses clearly shown and defined
in every case. Parcels offered for dedication
but not accepted for dedication shall each be
designated "Trot a public street".
Section ~-:3 Certifications on the Map: The following cer-
tificates and acknowledements and. all other now or hereafter
required by law shall appear on the final map. Such certificates
may be combined where appropriatE~.
(a) A certificate sigr.:ed and acknowledged by all parties
having any record title interest in the land sub-
divided consenting; to the preparation and recorda-
tion of said map, provided, however, that the signa-
tures of parties owning the following types of in-
terest may be omitted if their names and the nature
of their interests are endorsed on the map:
(1) Rights-of-way, easements or other interests,
-none of whicr. can ripen into a fee.
(2) Rig hts-of-way, easements or reversions which,
by reason of changed conditions, long disuse,
or lathes, appear to be no longer of practical
use or value and for which a signature is im-
possible or impractical to obtain. In this
case, a reascnable statement of the circumstance
preventing tY:~e procurement of the signatures shall
be endorsed on the map.
(b) A certificate signed and acknowledged as above
offering for dedication all parcels of land shown
on any final map and intended for any public use,
except those parcels other than streets, which are
intended for the exclusive use of the lot owners in
a subdivision, their licensees, visitors, tenants,
and servants.
(c) A certificate by the registered civil engineer or
licensed land 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) A certificate for execution by the County Recorder.
(f) A certificate for approval by the City Council for
execution by the City Clerk.
Section ~:~: Action by the City Engineer, City Council:
(a) Approva 1 by City Engineer. Upon receipt of the
final map and other data submitted therewith, the
City Engineer shall examine such to determine that
subdivision as shown is substantially the same
as it appeared on the approved tentative map, and
any approved alterations thereof, that all provisions
of this ordinance or any ordinance applicable at
the time of approval of the tentative map is techni-
cally correct and in conformance with the regulations
of the approved tentative map, and if a field check
of the monuments proves them to be correctly set, the
City Engineer shall 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 County, the County Engineer and
the City Engineer shall enter into an agreement by
and with the consent of their respective governing
bodies, providing that either shall perform the
duties prescribed fm the City Engineer in this sec-
tion, or providing for an apportionment between them
of said duties. Either, when by such agreement all
such duties devolve on him, may after his performance
thereof, make the aforesaid certification upon said
map, and, when by such agreement said duties are ap-
portioned 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 meet-
ing following the filing of said map with the City
Clerk and subsequent to the certification of the City
Engineer, the City Council shall consider said map and
the offers of dedication. The City Council may re~~ct
any offers of dedication. If the City Council shall
determine that said map is in conformity with the re-
quirements 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 required Agreements and Bonds as des-
cribed in Section l~ et seq. herein, and when such
agrees nts and. bonds have 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 Supervisors. No map shall
have any force or effect until the same has been ap-
proved by the City Council, and no title to any prop-
erty described in any offer of dedication shall pass
until the map has been recorded in the office of the
County Recorder.
GENERAL SUBDIVISION REQUIREMENTS
SECTION 5: Streets and Highw~i rs
Section 5:1: Street Dedicai;ions: The street and highway de-
sign shall con orm 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 highways indicated on said master plan
shall be dedicated.
Section 5:2: Reservation oj' Right of Way: The street and
highway desk shall conform o arty proceeding s affecting the sub-
division which may have been initiated by the City Council, or
approved by said Council upon initiation by other legally consti-
tuted bodies of the City, County, or State. If a parcel of land
to be subdivided includes a portion of the right of way to be ac-
quired for a freeway or parkway, then the City Council shall de-
termine 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.
Section 5:3: General Reguii°ements of Design: The follow-
ing general requirements shall a~~ply 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 adjust-
ments by curves ar~d shall be in general conformity
with the master p7_an made for the most advantageous
development of thE~ area in which the subdivision
lies.
(b) The street center lines shall be required to inter-
sect one another t:o an angle as near a right angle
as is practicable by tangents not less than fifty
(50) feet in length.
(c) Where necessary tc give access to or permit a satis-
factory future sut~division on adjoining land, streets
shall extend to tree boundary of the property and the
resulting deadend streets may be approved without a
turn-around. In a,ll other cases, a turn-around hav-
ing a minimum radius of forth (~0) feet shall be re-
qui red .
(d) On all street intErsections"the property line at each
block corner shall. be rounded by a curve having a
radius of not less than twenty (20) feet. Whenever
a major street or highway intersects any other street
or highway, or if streets intersect at other than
right angles, a greater curve radius may be required.
(e) The center line cU.rve radii on all streets and high-
ways shall conforrr~ to accepted engineering standards
of design and shall be subject to approval by the
City Engineer.
(f) Reserve strips controlling access to streets or other
facilities shall be prohibited, except under condi-
tions approved by the City Council.
Section 5:~-: General Reauix~ements of Widths: Streets and
highways 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 the City
engineer that the topography or the small number of lots served
and the probable future traffic development are such as to un-
questiona'oly justify a narrower width. Increased widths may be
required where streets are to serve commercial property, or where
probable traffic conditions warrant such increased widths.
(a) Mayor streets o r highways: Rat-of-way ninety (g0)
foot four lane, one hundred twenty (120) foot six
lane.
(b) Secondary streets or highways; Right-of-way eighty
(80) feet of seventy (70) feet.
(c) Local streets: Minimum right-of-way sixty (60) feet
(d) Cul-de-sac streets and service roads when not over
three hundred fifty (350) feet in length: Minimum
right of way fifty=six (56) feet. This may be re-
duced to a minimum right of way of fifty (50) feet
if the Planning Commission determines that such re-
duction is necessary due to exceptional conditions,
and for the benefit of the entire subdivision.
Section 5 ~: Service Roads and Off-Street Parking: When
lots proposed for commercial usage front on any~ma~jor 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 Planning Com-
mission, the subdivider may dedicate for public use an improve-
ment area adjacent to such lots for off-street parking purposes.
When any lots proposed for resider tial use front on any freeway,
state highway, or parkway, the subdivider shall dedicate and im-
prive a service road at the front of such lots, unless such is
already existent as part of such freeway or parkway. In addition
to any requirement for a service road, the Planning Commission may
require adequate off-street parking areas for all lots proposed
for commercial use.
Section 5:6: Non-access.and Planting Strips: When the rear
or side lines of any lots border any mayor or secondary street,
highway or parkway, the subdivider may be required to execute and
deliver to the City an instrument deemed sufficient by the City
Attorney, prohibiting the right of ingress and egress to such
lots across the side lines of such streets or highway. When the
rear or side lines of any lots borc?er any freeway, state highway
or parkway, the subdivider may be required to dedicate and im-
prs~ve a planting strip adjacent to such parkway or freeway.
Section 5:7• Alleys: When ariy lots are proposed for com-
mercial or ind~rial usage, alleys at least twenty (20) feet in
width shall be provided at such locations as may be required by the
Planning Comztiission, with adequate ingress and egress for truck
traffic.
Section 5:8: Street Name: All street names shall be ap-
proved by the i y ouncil an no duplicated street names shall
be permitted.
Section 5:9: Future Streets and Large-Lot Subdivisions:
Where a parcel is subdivided into a tract of lots of one acre o r
more, the block shall be of such size and shape and be so divided
into lots as to provide for the extension and opening of streets
and alleys at such intervals as will permit a subsequent division
of any parcel into lots of smaller legal size.
SECTION 6: Easements
Section 6:1: Regulations for Grant of Easements: The sub-
divider shall grant easements not less than ten 10 feet in width
for public utility, sanitary sewer, and drainage purposes along
the rear lot lines, along side lot lines or in planting strips
whepever necessary. Easements of lesser widths may be allowed
after ten days written notice to the affected utility company or
companies, when at the determination of the City Engineer, the
purposes of the easement may be ~~ccomplished by easements of
lesser width, and provided that ~.n-such determination, the City
Engineer shall p"escribe the widtri of such easement. Upon re-
ceipt of notice, the affected utility may present its objections
and~or recommendations to the City Engineer whose decision on
the matter will be final. Dedic~:tion of easements shall be for
the purpose of installing utilities, planting strips and 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 all lots, except v~rhere alleys are available or
where the requirement is waived key the City Planning Commission.
SECTION 7: Lots
Section 7:1: Size and ShapE:: The size and shape of lots
shall be in conformance with any zoning regulations effective in
the area of the proposed subdivi~~ion.
Notwithstanding other provisions of the Zoning Ordinance
and this section, the advisory agency may recommend and the City
Council may approve without furtr~er proceedings tentative and
final subdivision maps in which Lots, not to exceed five percent
(5/) of the total number of lots within said subdiv ision, are
proposed with a minimum lot area of up to five percent (5f) less
than the minimum area prescribed by the Zoning Ordinance, provided the
average of all lots exceeds the z~equired minimum. Provided, however,
that each such recommendation and. approval must be based upon condi-
tions and circumstances which make strict application of the minimum
area requirements of the Zoning Ordinance unreasonable.
Section 7:2: Side Lines: The side lines of all lots, as far
as possible, shall be at right ar..gles to streets or radial to
curved streets.
Section 7:3: City Boundary Lines: No lot shall be divided
by a city boundary line, nor any boundary line between parcels of
land under separate ownership. I:t is not the intent of this sec-
tion to prohibit the creation of residual parcels of land as the
result of curvilinear street patterns.
Section 7:4: Double Frontage: Interior lots having double
frontage will not be approved.
Section 7:5: Street Improvements: Areas of two (2) or less
acres, bounded on two or more sides by the subdivision shall have
full street improvements installed as part of the subdivision improve-
ments provided the two acres or less are lands retained by the seller
of the subdivision area. Tn all other cases, the developer and the
owner of the parcel shall enter into an agreement to effect the same.
If the developer is unable to obtain such an agreement, he shall so
state in writing to the advisory agency.
SECTION 8: Walkways
Section 8: 1: The subdivider may be required to dedicate and
improve walkways to long blocks or to provide access to school, park
or other public areas.
SECTION 9: Water Courses
Section g:l: The su v~ er~ shall, subject to riparian rights,
dedicate a right of way a ~pp oved by the City Engineer for storm
drainage purposes conforming substantially with the lines of any
natural water course or channel, stream or creek that traverses the
subdivision, or provide by dedication further and sufficient easements
or construction, or both as approved by the City Engineer, to dispose
of such surface and storm water.
SECTION 10: Flood Conditions
Section 10:1: If any portion of any land, within the
boundaries shown on any such final map or record of survey map,
is subject to overflow, inundation or flood hazard 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 11: Master Plan
Section 11:1: In all respects the subdivision will be con-
sidered in relation to the master plan of the City, or any part
thereof, or preliminary plans made in anticipation thereof.
SECTION 12: Deed Restrictions
Section 12:1: Two copies of any proposed deed restrictions
shall be file with the City Engineer at the time of filing of
the final map.
SECTION 13: Improvements by the Subdivider
Section 13:1: Standards and Approval: Standard for im-
provements and approval thereof are as follows:
(a) All improvements hereinafter mentioned shall be not
less than those set forth in the standard specifi-
cations detail sheets of the City of Cupertino
adopted by resolution of the City Council, except
that prior to the adoption of said resolution, all
improvements shall be in accordance with the require-
ments of the City Engineer.
(b) Improvement work shall not be commenced until plans
and profiles for such work ha ve been submitted to
and approved by the City Engineer. Such plans are
required before approval of the final map.
(c) All required improvements shall be constrtr ted under
the inspection of and the approval of the C3~ En-
gineer. Cost of checking plans and inspection of
work shall be paid by the subdivider. The subdi-
vider shall deposit with the City an amount, as de-
termined by the City Engineer, sufficient to pay
for said checking and inspection prior to approval
of final map.
(d) All main line utilities, sanitary sewers, and lateral
and storm sewers when the same are to lie and be in-
stalled in the paved portion of streets, service road
alleys or highways, shall be constructed error to the
surfacing of public streets, service roads, alleys,
highways.
Section 13:2: General Re uirements: General requirements
for improvemen s are as follows:
(a) Street grades: All streets and highways shall be
graded and surfaced to widths and grades in accord-
ance with City standard specifications and approved
by the City Engineer. The subdivider shall improve
the extension of all subdivision streets, highway s,
or public ways to the intercepting paving line of
any county road, City street or State highway.
(b) Structures; drainagel access public safety: Struc-
tures 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 locations and grades approved by the City
Engineer.
(c) Curbs and Gutters:; Vertical curbs and gutters shall
be installed to locations and grades approved by the
City Engineer.
(d) Sidewalks; Sidew~Llks shall be installed to locations
and grades approvE~d by the City Engineer.
(e) Sewers; storm drains: Sanitary sewer facilities shall
be installed to sE~rve each lot. No septic tanks or
cesspools will be permitted. Storm sewers or inverted
wells shall be in~~talled as required by the City En-
gineer.
(f) Water and Gas: W~:ter mains and gas mains shall be
installed as requ~.red by the City Engineer. Fire
hydrants shall be installed as approved by the cog-
nizant fire deparf;ment authority.
(g) Street Lighting: Street lights shall be installed by
the subdivider anc. shall be as approved by the City
Engineer.
(h) Railroad Crossing;: Provisions shall be made for any
and all railroad crossings necessary to provide access
to, or circulation within, the proposed subdivision,
including the pre~~aration of documents necessary for
application to thE~ California State Public Utilities
Commission for thE~ establishment and improvement of
such crossing improvement, which improvements shall be
borne by the subdivider.
(i) Fire Hydrants: SL~bdivider shall deposit five (5)
year rental for necessary number of fire hydrants
as determined by t:he Chief of the Fire Department.
(j) Ornamental, NativE~ and Fruit Trees:
(1) The subdivider shall mark on his initial plot
map the variEt~r, size and location of all na-
tive or ornamental trees having a diameter of
~" or greater. No such tree may be destroyed
until applicant has satisfied the City Engi-
neer that such tree either has no landscaping
value, or is so badly located that it cannot
reasonably be integrated into the plan of
development.
(2) The subdivider shall remove all fruit trees
which may be on the property unless some reason-
able party posts a bond satisfactory in form to
the City Attorney, and satisfactory in amount
to the Planning Commission assuring adequate
pruning, spraying, and other cultural ~'actices
to protect neighboring agricultural uses from
diseases or ~~ests which might be harbored or
spread because of inadequately tended fruit
trees in subdivisions.
Section 13:3: Monuments: Monuments shall be installed under
the following regulations:
(a) Monuments and monument bases shall conform to stan-
dards of the City of Cupertino. Monument boxes with
concrete monument and brass plus two inches (2") be-
low surface shall be set at all street intersectio ns
and beginning and end of all curves. All monuments
that are required to be set, shall be marked to con-
form with the provisions of Section 8772 of the Busi-
ness and Professions Code of the State of Califon nia
and subsequent amendments thereof and the provisions of
this ordinance.
(b) Accurate bench marks shall be established on the
monument or other approved location at each street
intersection, 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.
Section 13: ~+: Land for Public Use: Where a proposed park,
playground, school or other public uses shown in a master plan is
located in whole or in part within a subdivision, the subdivider
sha 11 reserve adequate space for such purpose in such area within
the subdivision to be acquired by the Public Agency when the City
Council, upon recommendations of the advisory agency, finds the re-
quirement to be reasonably necessary to the public convenience,
health, safety or welfare .
Section 13:5: Off-tract Storm Drainage Fees: The subdivider
shall pay, as a condition of approval of a final subdivision map,
off-tract storm drainage fees in accordance with the MASTER STORM
DRAINAGE PLAN AND COST STUDY of the City of Cupertino, dated March 27,
1961, which is incorporated as part of this ordinance and made a part
hereof. The fees so received shall be deposited in a "special storm
drainage fund" as provided in Ordinance No. 50 of the City to be used
for the construction of storm drainage facilities in the. local drainage
area or to reimburse the general fund of the City for monies advanced
within the local drainage area.. Ordinance No. 50 and Resolution No.
x+66 are hereby repealed as of the effective date of this ordinance
insofar as they are inconsistent with the provisions of this ordinance.
AGREEMENTS AND BONDS
SECTION l~-: Improvement Agreemer~
Section l~F:l: General Re uirements for Im rovement A reements:
Before approval by the City ounci of the final maps, he subdivider
shall execute and file an agreement between himself and the City,
specifying the period within which he shall complete all improve-
ment work to the satisfaction of the City Engineer and providing
that if he should fail to complete such work within such period,
the City may complete the same and recover the full cost and ex-
pense thereof from the subdivider. The agreement shall also pro-
vide for checking of improvement plans and inspection for all
improvements by the City Engineer and reimbursement of the cost
of such checking and inspection as well as other incidental costs.
(a) For the construction of the improvements in units;
(b) For an extension of time under conditions therein
specified.
(c) For the termination of the agreement upon the com-
pletion of proceedings under an Assessment District
Act for construction of improvements deemed by the
City Engineer to be at least the equivalent of the
improvements specified in said agreedment, and re-
quired to be constructed by the subdivider;
(d) For progress payments to the subdivider for any
deposit money which the subdivider may have filed
in lieu of a surety bond, as provided by the next
succeeding section.
SECTION 15: Improvement Bond
Section 15:1: Requirements: Subdivider shall also file with
the aforesaid agreement, to assure his full and faithful performance
thereof, a bond for such sum as is sufficient to cover the cost of
said improvements and inspections as well as other incidental costs.
The amount of such bond sha_1 be as required by the City Council.
Such bonds shall be executed by ~~ surety comma. ny authorized to trans -
act a surety business in the Staf;e of California an d must be approved
by the City Attorney as to fom az~d by the City Council as to suf-
ficiency. In lieu of said bond, the subcivider may deposit cash or
certified or cashier's check witYi the City Clerk. In the event the
subdivider shall fail to completE~ all improvement work in accordance
with the provisions of this ordinance, and the City shall have com-
pleted same, or if the subdivider shall fail to reimbursement the City
for the cost of inspection and of;her incidental costs, the City
shall call on the surety for reimbursement or shall appropriate
any cash deposits funds for reim~k~ursement.
SECTION 16: Sewer and Storm Drainage Agreements
Section 16:1: Form and Content: In the event the immediate
construction of storm sewers o Nerve the subdivision is not re-
quired by the City Engineer, the subdivider shall execute and file
an agreement between himself and the City, providing that he shall
contribute to the future construction of storm sewers which will
be of benefit to the subdivision, whether the construction is per-
formed by the City or any other ~~ublic district or body The agree-
ment shall specify the termination date of same, shall provide that
the City may call for the contrit~ution at any time during the period
of the agreement, provided, howeSrer, that the City shall not have
the right to call for the contriY~ution unless plans have been made
and a resolution passed to advertise for bids. The agreement shall
also specify the termination datE~ of same, shall provide 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 sYiall be determined by the City
Engineer.
SECTION 17: Sewer and Storm Drainage Bond s
Section 17:1: Re uirements: In the event that the agree-
ment described. in Section 1 above is executed, subdivider shall
also file to assure his full and faithful performance of the agree-
ment, a bond for such sum as is sufficient to cover the amount of
the contribution. The term of tree bond shall cover the full term
of the agreement. Such bonds sh~:ll be executed by a surety com-
pany authorized to transact a sup°ety business in the State of
California and must be approved x~y the C3_ty Attorney as to form
and by the City Engineer as to sufficiency. In lieu of said bond
the subdivider may deposit cash c>r certified check with the City
Clerk.
SECTION 18. Releases and Extensions
Section 18:1: Approval: No extension of time, progress pay-
ments from cash deposits, or relE~ases of surety bond or cash deposit
shall be made except upon the cei°tification by the City Engineer
that work covered thereby has beE;n satisfactorily completed, and
upon approval by the City Counci=_.
EXCEP~~~IONS
SECTION 19. Application for an Y~xception
Section 19:1: Form and Cont;ent: The Planning Commission may
recommend that the City Council ~tiuthorize conditional exceptions
to any of the requirements and regulations-set forth in this ordi-
nance. Application for any such exception shall be made by a peti-
tion of the subdivider stating frilly the grounds of the application
and the facts relied upon by the petitioner. Such petition shall
be filed with the tentative map of the subdivision. In order for
the property referred to in the ~~etition to come within the provisions
of this secoon, it shall be necE~ssary that the Planning Commission
shall find the following facts w~_th respect thereto;
(a) That there are special circumstances and conditions
affecting said property.
(b) That the exception is necessary for the preserva-
tion and enjoyment of a substantial property right
pf the petitioner.
(c) That the granting of the exception will not be detri-
mental to the public welfare or injurious to other
property in the territory in which said property is
situated.
SECTION 20: Planning Commission Action
Section 20:1: Findings: In recommending such exceptions,
the Planning Commission shall se-cure substantially the- objectives
of the regulations to which exceptions are requested, and shall
act to protect the public health, safety, convenience, and general
welfare.
Section 20:2: Report: 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 re-
spect thereto and all facts in connection therewith, and shall
specifically and fully set forth the exception recommended and
the conditions designated.
SECTION 21: City Council Action
Section 21:1: Approval: 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 con-
ditions recommended by the Planning Commission and with such other
exceptions, if any, as the City Council deems necessary to sub-
stantially secure the objectives of this ordinance.
APPEALS, PENALTIES, CONSTITUTIONALITY
SECTION 22: Apt~eals
Section 22:1: 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 determina-
tion or requirement is made. Such notice shall set forth in de-
tail the action and the grounds on which the subdivider deems him-
selg aggrieved.
Section 22:2: Report: The City Clerk shall report the filing
of such no ice 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.
Section 22:3: Action on Appeal: The City Council, at its
next re ular meeting following the filing of said appeal, or within
ten (10~ days following the film thereof, shall set appeal for
hearing to be held within ten (10~ days thereafter and such hear-
ing may be for good cause be continued by order of the City Council.
Upon the hearing of said appeal, the City Council may sustain,
appeal from, and enter any such order or orders as are in har-
mony with the spirit and purpose of this ordinance, and. such dis-
position of the appeal shall be final.
SECTION 23: Separability
Section 23:1: ValiditT of Ordinance: If any section, sub-
section, sentence, clause, or phrase o this ordinance is for any
reason held to be invalid or unconstitutirn al by the decision of
any court of competent ,jurisdiction, such decisions shall not
affect the validity of the remaining portions of this ordinance.
The City Council of the City of Cupertino, State of California,
hereby declares that it would hazre passed this ordinance in each
section, sub-section, sentence, c:lause or phrase thereof, irrespec-
tive of the fact that any one or more sections, subsections, sen-
tences, clauses or phrases be de<:lared invalid or unconstitutional.
SECTION 2~-: Penalties
Section 2~F:1: Violation of Ordinance: Any person, firm,
corporation, partnership, or cop~:rtnership who willfully violates
any of the provisions, or fails t;o comply with any of the manda-
tory requirements of this ordinance, is guilty of a misdemeanor,
and upon conviction thereof, sha7.1 be punishable by a fine not to
exceed $500.00 or by imprisonment; not to exceed six (6) months,
or both fine and imprisonment, e~:cept that nothing herein contained
shall be deemed to bar any legal, equitable, or summary remedy to
which the City of Cupertino or of;her political subdivision, or any
person, firm, corporation, partnership, or copartnership may other-
wise be entitled, and the City of Cupertino or any other political
subdivision, or person, firm, corporation, Fa,rtnershp, or co-
partnership may file a suit in tYie Superior Court of the County
of Santa Clara, to restrain or eri,join any attempted or proposed
subdivision, or acts, in violation of this ordinance.
SECTION 2~: Ordinances Repealed
Section 25:1: Conflicting Ordinances: All ordinances and
parts of ordinances of the City of Cupertino, in conf lict herewith
to the extent of such conflict acid no further, are hereby repealed.
SECTION 26: Publication
Section 26:1; Effective Date, Posting, Recordin Thi s
ordinance shall take effect and ~k>e in force thirty 30) days after
its passage; and before the expiration of fifteen (15) days after
its passage it shall be published with the names of the members
voting for and against the same ~.n the Cupertino Courier, the
official newspaper of the City, ;published and circulated within
the City; within fifteen (15) da~~s after this ordinance becomes
effective, a certified copy therE:of shall be recorded in com-
pliance with Section 11530 of thE: Subdivision Map Act.
INTRODUCED AT a regular meeting of the City Council on this
20th day of November, 1861, and Enacted at a regular meeting of the
City Council of the City of Cupel°tino, this nth day of December, 1961,
by the following vote:
AYES: Councilmen: Jewett,
NOES: Councilmen: None
ABSENT: Councilmen: Lazaneo,
Saich, Benetti
Pelosi
Mayor, City of Cupertino
AT EST:
4~,z ~ ` Ili-x1~d~
City Jerk
I, LAWRENCE K. MARTIN, City Clerk: of the City of Cupertino and ex
officio clerk of the legislative body of said City do hereby certify
that the foregoing is a true and correct copy of Ordinance No.
~-7 (Revised) on file in my officE~ and that the same has been published
pursuant to law.
IN TNESS WHEREOF I have hereuni;o set my hand and City Seal this
~1 day o f ~-~'--~~ , 19 6 ~~ .
City Clerk