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Ordinance 1202The, City Council of the City of Cupertino does. ordain as follows:,: Section 1. Chapter 1, "Subdivisions", of Title 1B, "Planning and Zoning", of the City of Cupertino Municipal Code, is hereby amended in its entirety to read as follows: ARTICLE 1. GENERAL. PROVISIONS Sectim 18-1.101. Citatiaa and Authori s chapter s to supplement and implement the Subdivision Map Act, Section 66410, et seq. of the Goverrunent Code, and may be cited as the Subdiviaiocs Ordinance of the City of Cupertino, Secti_~102e_._ It is the purpose this chapter to regulate and control the division of land within the City of Cupertino and to supplement the provisions of the Subdivision Map Act concerning the design, improvanent and survey data of subdivisions, the form and content of all maps provided-.for by the Subdivision Map Act and the pzocedure to be followed in securing the official .approval of the Planning Cannission, the City .Engineer, the Departm°nt of Planning and Developrnst and City Council reganiing such maps. 1b aocanplish this purpose, the regulaticns outlined in this chapter are detenained to be necessary for the preservation of the public, safety and general welfare, to prarote orderly growth and development and to promote open space, conservation, protection, and proper use of land and to insure provisions for adequate traffic circulation, utilities and services. Section 18-1.103. Conformity to General Plan, Specific Plan and Zoning ordinances. No land shall be subdivided and developed for any purpose which is not in conformity with the General Plan and any specific plan of the City of Cupertino permitted by the zoning chapter or other applicable provisions of the City of Cupertino, The type and intensity of land use as shown rn the General Plan shall determine the type Page 1 of streets, roads, highways, utilities and public services that shall be provided by ttZe subdivider. Section 18-1.104. Application. The regulations set forth in. this ct-apter shall apply to all_ subdivisicns or parts thereof within the City of Cupertino and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act, Fach such subdivision and each part thereof lying within the City of Cupertino shall be made and each such map shall be prepared and presented for approval as hereafter provided for and required. Section 18-1.105. Modification of Requirements. Whenever, in the opinion of the PLannitx,( Crnmission, the land involved in any subdivision is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this chapter, the Planning Commission may make such modifications thereof as, in its opinion, are reasonably necessary or expedient and in conformity with the state subdivision Map Act. ARTICLE 2. DEFZNIIZONS APID RESPONSffiILITIFS Section 18-1.201. Definitions. Block. The area of land within a subdivision which area is entirely bounded by streets, highways or ways, excxpt alleys, or.the exterior bou~arY or boundaries of the subdivision. Condaniniian. An estate in real property consisting of an undivided interest in cameo in a p'~ortion of a parcel or real property together with a separate interest in space in a residential, industrial or mnnercial building on such real property, such as an apartment, office, or store. A oondaniniwn may include, in addition, a separate interest in other portions of such real property. Conversion. The creation of separate amership of existing real Property together with a separate interest in space of residential, industrial or mnnercial buildings thereon. Design, "Design" means: 1. Street alignments, names, grades and widths; 2. Drainage and sanitary facilities and utilities, including alignments and grades thereof; 3. Location and size of all required easements and rights-ofivay= 4. Fire roads and fire breaks; 5. Lot size and configuration; 6. Traffic access= 7. Grading; 8. Land to be dedicated for park or recreational purposes; and 9. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the General Plan or any adopted specific plan. Environmental Impact .Report (EIR). A detailed statement setting forth the envirorurental effects and considerations pertaining to a project as specified in Section 22100 of the California Envirocmpntal Quality Act, and may msan either a draft or a final EIR. Page 2 ~. • Final A map showing a subdivision for which a. ,tentative and final map is r r by the Subdivision Map Act or this chapter, prepazed in accordance with the provisions of this chapter and the Subdivision Map.Act designed to be recorded in the office of the County Recorder. General Plan. The General Plan of the City of Cupertino, adopted September 1971, and any t thereto. 7nprovenent. "Improvement" refers to such street work, storm drainage, utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, subdivision and local neighborhood traffic and drainage needs as a condition preoadent to the approval and acceptance of the final map thereof] or to such other specific improvemsts or types of improveaents, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a carbination thereof, is necessary or convenient to insure conformity to or implementation of the General Plan or any adopted specific plan. Impravenents shall be constructed in accordance with the City of Cupertino Sr~r~rr3 Specifications and Details and/or when applicable with standards as adopted by local utility ca~panies and approved by the City Fhgineer. Lot. A parcel or portion of land separated fran other parcels or portions by description, as on a subdivision 'or recortii of survey map, or by metes and bounds, for purpose of sale, lease, or separate use. Lot Line Adiustment. A minor shift or rotation of an existing lot line or other a~gustments where a greater number of parcels than originally existed is clot created, as approved by the City FY~gineer or authorized representative. Merger. The joining of two or more contiguous parcels of land under one ownership into one pazcel. Map Act. The Subdivisim Map Act of the State of California. Parcel Map. A map showing a division of land of four or less parcels as required by this ordinance, prepared in accordance with the provisions of this chapter and the Map Act. Peripheral Street. An existing street whose right-of-~ay is contiguws to the exterior boundary of the subdivision. Reminder. That portion of an existing parcel which. is not included as part of the subdiv~ed land. The reminder is cot considered as part of the subdivision but must be shown on the required maps as part of the azea surrounding subdivision development. Subdivision Irnprovement_. Standards. Standar3 details, starx3ard specification, and other standanis approved by the ty Dngineer that shall govern the improvernnts to be constructed pursuant to this chapter and the Map Act. Subdivider. A person, firm corporation, partnership or associate. who proposes to div- i~e,~C vides, or causes to be divided real property into a subdivision for himself or Page 3 for others; except that employees and consultants of such persons or entities, acting }n such capacity, are not "Subdividers". Subdivision. The division, by any subdivider, or any unit or units of i~roved or unu~oonroved tiguaus land shown on the lastest equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as crntiguaus units, eves if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined herein or in Section 1350 of the Civil Code or a camunity apartment project, as defined in Section 11004 of the Business and Prvfessirn Code, or the conversion of existing dwelling units to a stock cooperative, as defined in Section ll003.2 of the Business and Professions Code. "Subdivisirn" includes any division of land by gift or inheritance (probate>. Any conveyance of land to a goverrvnental agency, public entity, or public utility shall not be considered a division of land for purposes of crnguting the number of parcels. "Subdivision" does not include: A. Buildings divided into apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parts for the purpose of lease or financing; B. Land divided by numeral, oil, or gas leases; or C. Land dedicated for cemetery purposes under the Health and Safety Code of the State of California. D. A lot line adjustment between two or more adjacent parcels, where L9nd taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created, provided the lot line adjustment is approved by the City Engineer. Tentative Map. "Tentative map" refers to a map made for the purpose of showing the design and impmvesnents of a proposed subdivision and the existing conditions in and azound it. Zonin Ordinance. "Zoning ordinanoe" shah mean Title 10, Chapter 2 of the City of Cupertino Mun cipal Code, or any ordinance enacted under zoning law,. Section 18-1.202. Responsibilities. 18-1.202.1. City Attorney. The City Attorney shall be responsible for approving as to form all subd vin on itnprnvement agreements. 18-1.202.2. City Council. The City Council shall have final jurisdiction in the approval or denial of tentative subdivision maps and final maps and iirprovenent agreements and the acceptance by the City of such lands and/or i~rovements as may be proposed for dedication to the City for subdivisions. Section 18-1.202.3. Ci ineer. The City Engineer shall be responsible for: A. Establishing des gn and ocnstruction details, standards and specifications; H. Determining if proposed subdivision iaprovements crnply with the provisions of this chapter and the Map Act and for reporting the findings together with any recamiendations for approval, conditional approval or denial of the tentative map to the Director of Planning and Development. C. The processing and certification of final maps, reversion to acreage maps, and amended maps; the processing and approval of subdivision improvement plans, lot line Page 4 ad juatments and certificates of osQliance. D. E~mining and certifying that final maps are in substantial conformance to the approved tentative map. E. The inspection and approval of subdivisirn inprnvanPSts. 18-1.202.4. De t of Plannin and Devel t. The Department of Planning and Development shall be responsible or the processing of tentative maps and tentative parcel nt3ps and mergers. 18-1.202.5. Director of Planning and Development. The Director of Plannitx3 and Developrent (Planning Director) shall be responsible for the management of the Department of Planning and Development in carrying cut the responsibilities imposed upon it by this chapter. 18-1.202.6. Planni Coamission. The Planning Commission shall be responsible for approv or denying tents ve parcel maps and recocrmendinq approval or denial to the City Council for tentative maps. ARTICLE 3. MAPS RFUIJIRID Section 18-1.301. General. The necessity for tentative maps, final maps, tentative parcel maps :and parcel maps shall be governed by the provisions of this chapter. Section 18-1.302. Division of Land -Five or More Parcels. A tentative map and final map shall be required for all divisions of land when determined by the Director of Planning and Development that such land may be divided into five or more parcels, five or more oondaminiunB as defined in Section 783 of the State Civil Code, a oonmmity apartrment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative oontaininq five or more dwelling units, except where: A. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or inQrnvements aze required by the legislative body, or B. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway, or C. The land consists of a parcel or parcels of land having approved access to a public street or highway which oomQrises part of a tract of land zoned for industrial or cam~ercial development, and which has the approval of the governing body as to street alignments and widths, or D. Each parcel created by the division has a gross area of not lase than. 40 acres or is not less than a quarter of a quarter section. E. Division of real property resulting from a conveyance of land, or interest therein, to a public agency for a public pirpose, such as school sites, public building sites, or rights~f-way for streets, sewers, utilities,. drainage, etc. Page 5 .. _. • _ . A parcel snap shall be required for these subdivisions described in subdivisions A., B., C., atsd D. Section 18-1.303. Division of Land -Four or Less Parcels. A tentative parcel sssap and a parcel snap shall be required for all divisions of lands which create four or less parcels excerpt for: A. Divisions of land created by short-terns leases (terminable by either party on not more than 30 days notice in writing) of a portion of an operating zight-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, provided, however, that upon a showing made to the City FT-gineer base3 upon substantial evidence that public policy necessitates such a map, this exception shall not apply. B. Lot line adjustments, provides: 1. No additional parcels or building sites have bees: created. 2. The adjustment does not create the potential to further divide either of the two parcels into more parcels than would have been otherwise possible. 3. There are no resulting violations of the City of Cupertino Municipal Code. The City fYsgineer may waive the parcel snap upon asking a finding that the proposed division of land ooaQlies with requireatents as to area, iaprovement and design, flood water drainage control, appropriate inQivved public road, sanitary disposal facilities, water supply availability, environasental protection, and other requireatiessts of this chapter, local ordinance, and the Subdivision Map Act. Section 18-1.304. Fees and Deposits. All persona submitting naps as required by this dapter shall pay all -fees and/or deposits as provided by the City's resolution establishing fees as~d charges, or as provided by this chapter. ARTICLE 4. SUBDIVISION MAPS (FIVE OR MORE PARCE[.S) Section 18-1.401. Tentative Subdivision Maps. 18-1.401.1. General. The form, contents, submittal and approval of tentative v s on reaps shall be governed by the previsions of this secticn. 18-1.401.2. Form and Contents. The tentative nap shall be prepared in a manner acx~eptable to Departnwlst Planning and Development and shall be prepared by a registered civil engineer or licensed surveyor. The tentative asap shall be clearly and legibly drawn on one sheet and contain not less than the followings A. A title which shall contain the subdivision nwsber, subdivision nears, and type of subdivisicn. B. Name and address of legal owner, subdivider, and person preparing the map (including registration number). Page 6 C. Sufficient legal description to define the boundary of the proposed subdivision. D. Date, north arrow, scale and contour interval. E. Existing and proposed land use. F. A vicinity map showing roads, adjoining subdivision, foams, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the camunity. G. Existing topography of the proposed site and at least 100 feet beyond its boundary, including but not limited to: 1. Existing contours at 2-ft. intervals if the existing ground slope is less than 10 percent and at not less than 5 ft. intervals far existing ground slopes equal to or greater than 10 percent. Contour intervals shall not be spread more than 150 feet apart. Foisting contours shall tie represented by dashed lines or by screened lines. 2. Type, circiunference aryl dripline of existing trees. Any trees proposed to be removed shall be so indicated. 3. The approximate location and outline of existing structures identified by type. Buildings to be removed shall be so marked. 4. The approximate location of all areas subject to innundation or storm water overflow and the location, width aryl direction of flow of each water course. 5. The location, pavement and right~f-way width, grade, name of existing and proposed streets or tugtnrays. 6. The widths, location and identity of all existing easements, 7. The location and size of existing sanitary sewers, water mains and storm drains. The approximate slope of existing sewers and storm drains stall be indicated. The location of existing overhead utility lines on peripheral streets. 8. The approximate location of the 55, 60 and 70 IaN (Day-night Average Noise bevel) contours, if any. H. Proposed improvements to be shown stall include but not be limited to: 1. The location, grade, centerline radius and arc length of curves, pavement and right-of-way width and name of all streets. Typical sections of all streets stall tie stxiwn, 2. The location and radius of all wrb returns and cul-de-sacs. 3. The location, width and purpose of all easements. 4. The angle of intersecting streets if such angle deviates frca- a right angle by more than four degrees. 5. The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data stall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale and the number of each lot. 6. Proposed contours at 2 ft. intervals shall be shown if the existing ground slope is less than ten percent and not at less than 5-ft. intervals for existing ground slopes greater than or equal to 10 percent. A separate grading plan may be sutxnitted. 7. Proposed recreation sites, trails and parks for private or public use. 8. Proposed cannon areas and areas to be dedicated tc public open space. 9. The location and size of sanitary sewers, water mains and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated. Page 7 n u I. The name or names of any geologist or soils engineers whose services were required in the preparation of the design of the tentative map, J. The source and date of existing crontaurs. K. All lettering size shall be 1/8" minimum. L. Certificates for execution by the Secretary of the planning Commission indicating the approval of the tentative map and the date thereof by the Planning Comaission, and a certificate by the City Clerk indicating the approval by the City Council if the map was reviewed by the City Council. M. Zf the subdivider plans to develop the site as shown on the tentative map in units, then he shall show the proposed units and their Proposed sequence of construction on the tentative map. N. The Department of Planning and Development may waive any of the foregoing tentative map requirements whenever he finds that the type of subdivision is such as not to necessitate compliance with these requrements, or that other circ~mistanoes justify such waiver. Tt-e Department of Planning and Development may require other such drawings, data or other information as deemed necessary. 18-1.401.3. Acc~anying Data and Reports. The Tentative Map shall be accrnpanied by the following data or reports: A. Soils Report. A preliminary soils report, if required by Section 16.12 of the Municipal Cade, shall be submitted along with all tentative map applications. if the preliminary report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the soils report accaipanying the final map shall contain an investigation of each lot within the subdivision, 8. Title R rt. A current preliminary title report showing all easements, rights --waezs shall be filed with all tentative map applications. C. Engineering Geology and/or Seismic Safety Report. All tentative maps which lie wnth~n the seismic and geolog cal hazardous zones as provided in the seismic safety element of the General Plan shall be required to file a geophysical report. The report shall identify and provide mitigating recommendations for all geological hazards. Also, the report shall include descriptions and physical characteristics on all geological formations, anomalies and earthquake characteristics. D. School Site. The subdivider shall obtain Pram the school districts involved their neon, in writing, concerning the necessity for a school site, if any, within the subdivision and shall present this information to the Department of Planning and Development prior to the consideration of the tentative map by the Planning Commission. E. Environmental IaQact Stxx3y. The various time limits set forth in this ctsapter for making rn rn tentative maps shall not be deered to commence until the subdivision is found exempt or an initial study is a~leted and a reaammendation for a negative declaration or environmental impact report, as appropriate, is prepared, processed and considered in accordance with the. provisions of the California Fnvironm~s-tal Quality Act. The subdivider shall provide such additirnal data and information and deposit and gay such fees as may be required for the preparation and processing of environmental review doclm~ents. F. Other Reports. A[ty other data or reports deemed necessary by the Department of Planning and Development. Paragraph D. shall not apply to oandominium conversirns. Page 8 ~ _e 18-1.401.4. Sutmittal to t to Plannin and bevel t. The tentative map 1 be Dons er for f 1 y when such map conforms to Section 18-1.401.2 and when all accrnpanyinq data or reports, as required by Section 18-1.401.3 have been sukanitted and accepted by the Department of Planning and Development. The subdivider shall file with the Department of Planning and Development the number of tentative maps the Director may deem necessary. 18-1.401.5 Department of Planning amxi Development Review. The .Department of Planning Development shall forward cop es of the tentative map to the affected public agencies which may, in turn, forward to the Department of Planning and Development their findings and recomrendatirns thereon. Public utilities and agencies shall certify that the subdivision can be adequately served. Within 10 days of the filing of a tentative map, the Department of .Planning and Developmmamt shall send a notice of the filing of the tentative map to the governing board of any elementary, high school or unified school district within the boundaries of which the subdivision is proposed to be located. Stich notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected school district. Such governing board may review the notice and may sent a written report thereon to the agency required by law to approve such tentative map. The report shall indicate the impact of the proposed subdivision on the affected school district aril shall make such reoammersdations as the governing boam:Yi of the district deems appropriate. In the event the school district fails to respond within a 10 day period from receipt of notice of the tentative map, such failure shall be deem~l approval of the proposed subdivision by the school district. The Planning Canmmission shall ocrnsider the report from the school district in approving or camditicnally approving the tentative map. 18-1.401.6. Planning Comnissian Acorn. 18-1.401.6.1. Notice of Public Hearin s. Upon receipt of a valid applica on, the Plann ng D rector shall set the matter for public hearing. At least 10 calendar days before the public hearing, he shall. cause notice to be give of the time, date and place of said hearing including a general explanation of the matter to be crnsidered and a general description of the area affected, and the street address, if any, of the property involved. Said notice shall be published at least once in a newspaper of general circulation, published and circulated in the city. In addition to notice by publicatirn, the City shall give notice of the hearing by m3i1 or delivery to all persons, including businesses, corporations or other public or private entities, shoran rn the last equalized assessment roll as caning real property within 300 feet of the property which is the subject of the Proposed changes. In addition, in the case of a proposed conversion of residential real property to a oondaninium project, oammmunity apartment project or stock cooperative project, notice shall be given as required by Government Code 66451.3. In addition, notice shall be given by first class mail to any person who has filed a written request with the Department of Planning and Development. The Page 9 City may impose a reasonable fee on persons requesting such notice for the i purpose of recovering the cost of such mailing. Substantial compliance with these provisions therewith to notice shall be sufficient and a technical failure to cniply shall not affect the validity of any action taken pursuant to the procedures set forth in the article. The Planning Camnisaion shall approve, oondi.tionally approve or deny the tentative map and shall report its decisions to the City Council and the subdivider within fifty (50) days after the tentative Wrap has been accepted for filing. 18-1.401.6.2. Recaan:.ndinq Approval. In approving or conditionally approving the tents ve subdiv sion map, the Planning Commission shall find that the proposed subdivisia~, together with its provisions for its design and inprovane~tts, is oonsiatent with applicable general or specific plans adopted by the City of CVpertino. The Planning Commission may modify or delete any of the conditions of approval recommended in the Department of Planning and Developrent's report, except conditions required by City ordinance, related to public health and safety or standards required by the City Engineer, or add additional requirements as a onnditirn of its approval. If no acticn is taken by the Planning Ca~mission within the time limit as specified, the tentative map as filed shall be defined to be apprt~ved, insofar as it cafplies with other applicable pravisicna of the State Subdivisia~ Map Act, this chapter or other City ordinances, and it shall be the duty of the City Clerk to certify the approval. 18-1.401.6.3. Recamrnding Denial. The tentative subdivision map may be reoamrended or denial by the Planning Commission m any of the grounds provided by City ordinances or the State Subdivision Map Act. The Planning txnaiissim shall defy approval of the tentative map if it makes any of the following findings: A. That the proposed map is not consistent with applicable general and specific plans. B. That the design oz inprovmrtnt of the propo.ed subdivision is not consistent with applicable general and specific plans. C. That the site is not physically suitable for the type of develoFnment. D. That the site is not physically suitable for the proposed density of develoFasient. E. That the design of the subdivision or the proposed inprwenents are likely to cause substantial envirarm~tal damage or substantially and avoidably injure fish or wildlife or their habitat. F. Zt~at the design of the subdivision or the type of inproverents is likely to cause serious public health problems. G. That the design of the subdivision or the type of i~rovements will conflict with easesmesats, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this cannectian, the governing body may approve a map if it finds that alternate easem~ts for access or for use will be provided, and that these will be substantially equivalent to ones previously aca3uired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of crnpetent jurisdiction and no authority is hereby granted t-0 a legislative body to Page 10 determine that the public at large has acquired easements for access thraigh or use of property within the proposed subdivision. 18-1.401.6.4. Ci Council Review. If a tentative map is recartnended for approval or den al by the Planning Commission, the Department of Planning and Developnent shall make a written report to the City Council. This report shall be placed on the City Council agenda as a crosent item at the next regulaz meeting following a Planning Comnissirn meeting, unless the subdivider consents to a continuance. The Council may review the map and the crnditions inposed by the Planning Ccamission. The City Council may deny the tentative map an any of the grounds crontained in Section 18-1.401.6.3. If the Council does not act within the time limits set forth in this article, the tentative map shall be deemed to have been approved or conditionally approved as set forth in the Planning Ccamission's report. Rny persm disagreeing with any action by the Planning Commission with respect to the tentative subdivieirn map may request removal of the item from the City Council consent calendar and discuss his concerns at that level. The Council may sustain, mxiify, reject or overrule any recomrendaticns or rulings of the Planning Camnission and may make such findings as are not inconsistent with the provisions of this chapter or the State Subdivision Map Act, 18-1.401.6.5. Fusion of Time for Plannin Commission or Ci Council Action. The is set orth for act g on the tentata.ve map may be extended by mutual consent of the subdivider and the Planning Comnissian or the City Oouncil. 18-1.401.7. F~iration and Fhctensicn. 18-1.401.7.1, F ite~F.ration. The approval or conditional approval of a tentative m maps ire 24 aonths frau the date of City Council approval. An extension to the expiration date may be approved as provided in Section 18-1.401.7.28. The period of time specified shall not include any time during which a developapnt moratorium is in effect, according to Section 66452.6 of the Subdivision Map Act. The period of time specified above shall not include any period of time during which a lawsuit has been filed or is pending in a court of crnpetent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the City Council. Within ten (10) days of the service of the initial petition or cxiiplaint upon the City, the subdivider shall, in writing, to the Planning Director, request a stay in the time period of the tentative map. Within forty (40) days after receiving such request, the City Council shall either stay the time period for up to five yeazs or deny the requested stay. The request for the stay shall be acted upon after a hearing has been held following notice to the subdivider. FScpiration of an approved on conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within such tentative map steal.], be filed without first processing a new tentative map. Page ll set sufficient durable monuments to confoan with the standards described in Section 8771 of the Business and Professions Cade so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be mawmented prior to recording the final map. Other monuments shall be set as requred by the City EY~gineer. 18-1.402.3. Form. The form of the final map shall conform to the Subdivision Map Act and as pray ed herein. The final. map shall be legibly drawn, printed or reproduced. by a process guaranteeing a permanent record in black ai tracing cloth or polyester base film. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. The size of each sheet shall be 18 x 26 inches. A marginal line shall be drawn ca~letely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than 1" ~ 100' or as may be necessary to show all details clearly, and enough sheets shall be used to accaRplish this end. The particular number of .the sheet and the total number of sheets ca~rieing the map shall be stated rn each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet will be included. All printing or lettering on the map shall be of one-eight inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings. The final form of the final map shall be as approved by the City Fhgineer. 18-1.402.4. Crntents. The contents of the .final map shall inform to the scan Map Act and as provided herein. A. The boundary of the subdivisirn shall be designated by a heavy black line n such a manner as not to obliterate figures or other data. B. Title. Each sheet shall have a title showing the subdivision .number and name and the location of the Property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United Strifes Survey. The following words shall appear in the title, "In the City of Cupertino." C. Certificates. The following certificates sha11 appear only mce on the corer suet. 1. Owr~es's Certificate. A certificate, signed and acknowledged by all parties having record title terest in the latzi subdivided. e~ccept:inq those parties having rights-of-sway, easements, or other interests which cannot ripen into a fee, or exceptions provided by the Subdivision Map Act and consenting to the preparation and recordation of the map and offering for dedication to the public certain specific parcels of land. 2. Trustee's Certificate. A certificate, signed and acknowledged by any trustees record at the time of City Council approval of the final map, consenting to the recording of the map and any offers of dedication. Page 13 18-1.401.7.2. Extensirns. A. Request by eider. The subdivider or his engineer may request an extens on the exp rat m date of the approved or ca~ditionally approved tentative subdivision map by written application to the Department of Planning and Development. The application shall be filed not less than thirty (30) days before the .map is to expire and shall state the reasons for requesting the extension. 8. Pladni Comnissian Action. The Planning Director shall review the request and t e app cation or the extension, together with a report, to the Planning Commission for approval or denial. A Dopy of the Planning Director's report shall be forwarded to the subdivider prior to the Planning Crnmission meeting on the extension. The resolution adopted by the Planning Ca-mission approving an extension shall specify the new expiration. date of the tentative subdivision map, C. Time Limit of FSctensim, The approved extension shall not exceed one (1) extens on of a of twelve (12) months. 18-1,401.8 Amerx3nents to roved Tentative Minor changes in the tentative map may be approved the Department of Planning and Development upon application by the subdivider or an its own initiative, provided: A. No lots, units or building sites aze added. B. Stich changes are consistent with the intent and .spirit of the original tentative maP approval. C. There aze no resulting violations of the City of Cupertino Municipal Code. Any revision shall be approved by the Planning Director and the City F2~gineer, The amendment shall be indicated on the approved map and certified by the Planning Director and the City FY~gineer, Amendments of the tentative map other than minor shall be presented to the Planning Commission for approval, Procaessing shall be in aooordanoe with Sectirns 18-1.401,5 and 18-1,401.6. Any approved asiendcnent shall not alter the expiratirn date of the tentative map. Section 18-1.402. Final 18-1.402.1. General. The form contents, yinq data, and filing of the nal map shall Don orm to the provisions of this Article. The final map shall be prepazed by or under the direction of a registered civil engineer or licensed land surveyor, 18-1.402.2, Su Re iced, An accurate and xnplete survey of the land to be subdivided shall be m e a registered civil engineer or licensed ].and surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures. At the time of making the survey for the final map, the engineer or surveyor shall Page 12 3. Engineer's Certificate. A certificate by the engineer or survey or respons ble for the survey and final map shall appear on the map, .The certificate shall give the date of the survey, state that the. survey and final map were made by or under the direction of the engineer ar surveyor, and that the survey is true and coapleta as shown. The .certificate shall also state that all the monuments are of the character a~ occupy the positions indicated, or that they will be set in such positions an or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. The certificate shall state that the map oom{oliea to the Subdivision Map Act and the provisions of this chapter. 4. City Engineer's Certificate. A certificate by the City Engineer stating that the map has been ned and that it is in accord with the tentative map and any approved alterations thereof, crnQlies with the Subdivision Map Act of the State and the provisiens of this chapter, and is technically correct, 5. Planning Commission Certificate. A certificate by the secretary of the Planning Camaission stating that the tentative map was approved by resolution of the Planning Commission. The date and number of the resolution shall appear in the certificate. 6. City Clerk's Certificate. A certificate for execvtien by the City Clerk stating the date and number of the resolution adopted by the City council aPPr~in9 the final map and statirx3 that the City Council accepted, accepted subject to L-pz'ovement or rejected on behalf of the public, any real Property offered for dedication for public use in confonni.ty with the terms of the offer of dedicatim. 7. Certificate of Soils and Geol is R rt. When a soils report, a geologic report, or .soils geoloq c reports have prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report ar reports, and the name of the engineer making the soils report and geologist making the geologic report and the location where the reports are on file. The certificate shall read, "A soils and/or geologic report for Subdivision No. *** was prepared by me or under my direction and was filed with the City rn *** date." 8. County Recorder's Certificate A certificate to be executed by the County Recorder stating that the map has been accepted for filing; that the map has been examined and that it ooaplies with the provisions of State laws and local ordinances governing the filing of final maps. The certificate shall show who requested the filing of the map, the time and date the map was filed and the book and page where the map was filed. 9. Scale North point and P,asia of Beari s. There oust appear cn each map sheet the scale, the north po t and the bass o bearings based rn Zone 3 of the California coordinates, sad the equatim of the bearing to true north. The basis of bearings shall be approved by the City Engineer. Page 14 E. Linear, Annular and Radial Data. Sufficient linear, angular, and radial data shall be shown to detercnLne the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision and of the balrrdary lines on every lot and parcel of the subdivision aryl ties tq existing monuments used to establish the boundary. Length, radius and total central angle or radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map, F. Monuments. The location and description of all existing and proposed monuments shall Standard City monuments shall be set at (or from offsets as approved by the City Engineer) the following locations: 1. The intersection of street centerlines. 2. Beginning and end of curves in centerlines. 3. At other locations as may be required by the City Engineer. G. Lot Numbers. I,ot numbers shall begin .with the number 1 in..each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Fach lot shall be shown entirely on one sheet of the final map, unless approved by the City Engineer. H. Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be ides fled by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map showing such subdivision; and, if no such subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book page number for the last recorded owner of such adjacent P~rtY• I. City. Bourrlaries. City boundaries which cross or join the subdivisions shall be clearly designated. J. Street Names. The names of all streets, alleys or highways within or adjoining the v~shall be shown. K. Fa~~ts. ~~^ts for roads or streets, paths, storm .water drainage, sanitary sewers, energy utilities and/or public utilities, water utilities, or other public use as may be required, shall be dedicated to the public for acceptance by the City or other public agency, and the use shall be specified on the map. If at the time the final map is approved, any streets, paths, alleys or storm drainage easements are not acroepted by the City Council, the offer of dedication shall remain open and the City Council may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder. All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the crnveyance, e.g., recorder's serial number and date, or book and page of official records. Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated Page 15 __ on the map, identifying the apparent dominant tenements for which the easement was created. The sidelines of all easements of reconi shall be shown by dashed lines on the final map with the widths, lengths atxi bearings of record. The width and Location of all easements shall be approved by the City Engineer. The City Engineer shall accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acreptance shall be rernrded in the office of the County Recorder. 18-1.402.5. S1i6mittal for Ci 18-1.402.5.1. Preliminary SuLinittal. The subdivider shall submit four sets of pants of the f nal map to the City Engineer for checking. The preliminary prints shall be aoconQanied by two copies of the following data, plans, reports and daclmients in a form as approved by the City Engineer, A. Improvenents Plans. IaQrovenant plans as required by Section 18-1.806 of this dtiapter. H. Soils Report. A soils report prepared in accordance with Chapter 9, Title 9 of the City of Cupertino Municipal Code. C. Title Report. A title report showing the legal owners at the time of sutmittal of the Final Map. D, vanent Horsd Estimate. The impmvementa bond estimate shall include all improvements within pu 1 c rights~f~ay, easements, or comma areas and utility trench backfill as provided by the developer, except for those utility facilities installed by a utility oa~Qany under the jurisdiction of the California Public Utilities Crnmisaion. E. Deeds for Easements or Ri ts-of Deed for easements or rights~f-way required or road or a purposes which have not been dedicated on the final map. Written evidence acceptable to the City in the form or rights of entry or permanent easements across private property outside of the subdivision pezmitting or granting access to perform necessary construction work and permitting the maintenance of the facility. F. Joint Use of Ri ht-of-wa t. Agrearents, ~ceptable to the City, executed by all owners of all u lity and other easements within the proposed rights-of-way oansentinq to the dedication of the road or cvisenting to the joint use of the rights-of-way, as maybe required by the City for public use and convenience of the road shall be required. These owners shall join in the dedication and suboniinate their rights to the right of the public in the road. G. Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines. The error of field closures in the traverse around the subdivision and arourd the interior lots or blocks shall not exceed one part in twenty thousand Page 16 (1/20, o00) . H. Hydrology and Hydraulic Calculations. Clete hydrology and hydraulic calculaY~. ons of all storm dr ns. i. 0 anization Doc~mients. The submittal of the final map or parcel map shall incl a propos~dec~a atior~ of cnv~enants, crnditicns and restrictions, and all other organizational dawcments for the subdivision in a form as prescribed by Section 1355 of the Civil Cade of the State of California. All docwnents shall be subject to review by the City Engineer and City Attorney. J. Any additional data, reports or information as required by the City Engineer. 18-1.402.5.2. City Engineer's Review The City Engineer shall review the final map e v der's engineer or surveyor shall make corrections and/or additions until the map is acceptable to the City Engineer. 18-1.402.5.3. royal by the City Engineer. Upon receipt of an approved print, the su div der shall submit the original tracing of the revised map, Prepared in acconiance with the Subdivision Map Act and this chapter and corrected to its final form, and signed by all parties required by the Map Act and this chapter to execute the certificates on the map, to the City Engineer. The City Engineer and Planning Director shall sign the appropriate certificates and transmit the original to the City Clerk. 18-1.402.5.4. Approval by City Council. The final map, upon execution by the City Eng eer and Planning Director, together with the subdivision inproven=nt agreement, shall be placed on the Council agenda for their approval. The City Council shall crnsider the final map for approval within ten'(10) days after filing with the City Clerk, or at its next regular meeting at which it receives the map, whichever is later. The City Council shah Kaye approved the subdivision improvement agreement before approving the final map. if the subdivision improvement agreement and final map are approved by the City Council, it shall instruct the Mayor to exeaite the agreement on behalf of the City. If the subdivision iuprovetnent agreement and/or final map is unacceptable the Council shall make their recanner~ded corrections, instruct the City Engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map has been resubmitted. 18-1.402.5.5. Denial by the City Council. The City Council shall deny approval of the final nap upon mak nq any of the findings contained in Section 18-1.401.6.3 of this chapter. The City Council shall not deny approval of the final map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final map is in substantial compliance with the previously approved tentative ~. 18-1.402.5.6. Fil with the Coun Recorder. (Jpon approval of the final map the C ty Counci receipt of the rvvemnn;: security by the City Page 17 --_ _ _._ - Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map, or have an authorized agent forwani the map, to the Clerk of the County Hoard of Supervisors for transmittal to the County Recorder. 18-1.402.5.7. Sukmi**A~ by Units. Multiple final maps relating to an approved or conditionally. approved tentat ve map may be filed prior to the expiraticn of the tentative map: provided, however, that the subdivider, at the time the tentative map is filed, informs the Planning Director of the subdivider's intention to file multiple final maps on the tentative map. In providing such notice the subdivider shall not be required to define the number and general configuration of the proposed units. The filing of a final map on a rtion of an approved or crnditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, of the approved tentative improves~nt agrearent tp be executed by the Subdivider shall provide for the construction of such improvements as may be required to constitute a logical and orderly development of the whole subdivision by units. ARTICLE 5. PARCF2; MAPS. (FCXJR CR LESS PARCELS) Section_18-1.501. Tentative Parcel. 18-1.501.1. General. The forn- and contents, submittal, and approval of tentative parcel maps shall conform to the provisions of this section. The tentative parcel map shall be prepared by a registered civil engineer or lio~sed land surveyor. 18-1.501.2. Form. The tentative parcel map shall be clearly and legibly drawn rn one sheet n a manner acceptable to the Deparhnent of Planning and Development and shall be prepared by a registered civil engineer or licensed land surveyor. 18-1.501.3. Content. Thu tentative parcel map shall show the following in orma on: A. Name and address of legal saner, subdivider, and the person preparing the map (including registration rnunber) . e. Assessor's parcel number. C. Date prepared, north arrow, scale and oa:tour interval. D. Existing and proposed land use. E. Title. F. A vicinity map, sufficient to show the relation to the local aomnmity. G. Existing topography of the site and at least 100 feet from its boundary, including but not limited to: 1. Existing contours at 2 foot intervals, if the existing ground slope. is less that 10 percent and not less than 5 foot intervals for existing ground slopes greater than or equal to 10 percent, Existing contours shall be represented by screened or dashed lines. 2. Type, circumference, and dripline of existing trees. Any trees proposed to be removed shall be so fcdicated. 3. The approximate location and outline of existing structures identified by type. Page 18 • 4. The location, width, and direction of flow of each watercourse. 5. The location, pavement, and right-of-way width, and grade, name of existing and proposed streets or highways. 6. Location and type of street improvements. 7. The location, size, and slope of existing storm drama. The location of existing overhead utility lines on peripheral sreets. 8. The location, width, and identity of existing easements. H. Any improvements proposed by the owner shall be shown. I. If the site is to be graded, proposed contours shall be shown and an approved grading plan shall be submitted. J. The proposed lot layout and lot areas. K. Proposed easenents or rights-ofiaay. L. The source and date of existing contours. M. A preliminary report of title showing the current vested owner. N. A soils and/or engineering geology report may be required by the City F]~gineer. The Department of Planning and Develogrent may waive any of the foregoing requirements upon finding that the location or nature of the proposed minor subdivision is such as not to necessitate oonpliance with these requirements; or may require additional information as deemed necessary. 18-1.501.4. Submittal to Department of Planning and Development. Any person making a div-ision of land for which a parcel map is required shall, in accordance with the provisions of this article, file an application, together with copies of the map, plan chec)cinq deposits and review fees as may be required. 18-1.501.5. Review and Notice of Public Hearin a. Upon receipt of a valid appl cation the Departnent of Plann g and Developnent, the Planning Director shall set the matter for public hearing. At least ten (10) calendar days before the public hearing, he shall cause notice to be given of the time, date and place of said hearing including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the Property involved. Said notice shall be published in at least once in a newspaper of general circulation, published and circulated in the City. in addition to notice by publication, the City shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, sham on the last equalized assessment roll as arcing real property within 300 feet of the property which is the subject of the proposed change. In addition, in the case of a proposed conversion of residential real property to a condaninium, cotmunity apartment or stock vooperative project, notice shall be given as required by Section 66341.3 of the Subdivision Map Act. In addition, notice shall be given by first class mail to any person who has filed a written request with the Department of Planning and Developnent. The City may impose a reasonable fee on persons requesting such notice for the pupose of rernverinq the cost of such mailing. Substantial oa~liance with these provisions therewith to notice shall be sufficient, and a technical failure to oatQly shall not affect the validity of any action taken pursuant to the procedures set forth in this article. Page 19 The Planning Commission shall approve or deny the tentative parcel map within fifty (50) days after the tentative parcel map has been accepted for filing. If no action is taken by the Planning Commission within the time limit as specified, the tentative map as filed shall be deemed to be approved, insofar as it ooaQlies with other applicable provisions of the State Subdivision Map Act, this chapter and other ordinances, and it shall be the duty of the City Clerk to certify the approval. 18-1.501.6. roval,_ In approving or oondltionally approving the tentative parcel map, a Planning Commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is cronsistent with applicable general or specific plans adapted by the City of Cupertino. The Planning Ca~mission may modify or delete any of the conditions of approval recamiended in the Department of Planning and Devel.opnent's report, except corxiitions required by City ordinance, related to public health and safety or standards required by the City E[rgineer, or add additional requirements as a condition of approval. 18-1.501.7. Denial. The tentative parcel map may be denied by the Planning Commission on any of the grounds provided by City ordinance or the State Subdivision Map Act. The Planning Cartmission shall deny approval of the tentative parcel map if it makes any of the following findings: A. That the proposed map is not oaisistent with applicable general and specific plans. B. That the design or inQrovement of the proposed subdivisirn is not consistent with applicable general and specific plans. C. That the site is not physically suitable for the type of development. D. That the design of the subdivisim ar the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. E. That the design of the subdivision or the type of improvements is likely to cause serious public health probleme3. F. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substanitally equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. 18-1.501.8. Appeals of Planning Commission Actions. 18-1.501.8.1. Appeals. Any person disagreeing with any action by the Planning ss on th respect to the tentative map may, within five (5) working days of the Planning Commission's decision, appeal such action to the City Council in accordance with Section 10-1.501.9.2. if an appeal is not filed, the Planning Commission's decision shall be final. Page 20 18-1.501.8.2. Procedure. Within five (5) working days of the Planning salon is on, a written appeal shall be filed with the City Clerk. The City Council shall consider the appeal within thirty (30) days. This appeal shall be a public hearing with notice being given pursuant to Section 18-1.401.6.1 and with additional notices to be given to the subdivider and to the appellant. Upon conclusion of the public hearing the City Council shall within ten (10) days declare its findings, The City Council may sustain, modify, reject, or Overrule any reonnnendations or rulings of the Planning Commission and may make such findings as are not inconsistent with the prarisians of this chapter or the State Subdivision Map Act. 18-1.501.9. iration and Extensions. 18-1.501.9.1, Exp ra on. The approval or conditional approval of the tentative parcel map shall expire twelve (12) months from the date of its approval. The period of time specified shall not include any period of time during which a lawsuit has been filed and is pending in a court of crnQetent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the Planning Cartnission. Within ten (10) days of the service of the initial petition or ca-Qlaint upon the City, the subdivider shall, in writing, to Planning Director, request a stay in the titre period of the tentative map. Within forty (40) days after receiving such request, the Planning Conmission shall either stay the time period for up to five (5) years of deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion fo the hearings, the Planning C;artaissirn shall, within ten (10) days, declare its findings. The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6 of the Subdivision Map Act. The expiration of the approved or casditionally approved tentative parcel map shall terminate all proceedings and no parcel map of all or any portion of the real property included within such tentative parcel map shall be filed without first processing a new tentative parcel map. 18-1.501.9.2. Extensions. A. Request by Subdivider. Ttie subdivider or his engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the planning Director. The application shall be filed not less than thirty (30) days prior to the expiration date and shall state the reasons for requesting the extension. B. Planni Ca~mission Action. The planning Director shall review and submit the appl cat on for the extension, together with a report, to the Planning Comaissien for approval or denial. A Dopy of the Planning Director's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving an extension shall specify the new expiration date of the tentative subdivision map. C. Time Limit of Extensirn. The extension shall not exceed eighteen (18) months. Page 21 10 1 501 10 Amendments to the Approved Tentative Parcel Map. Amendments to the tentative map or oaiditione of approval thereof may be approved by the Planning Director and the City Engineer upon application by the subdivider. or or- its own initiative; provided: A. No lots, units, or building site are added. B. Such changes are consistent with. the intent of the original tentative map approval. G. There are no resulting violaticna of the City of Cupertino Municipal Code. Any amendment shall not affect the expiration date of the approved tentative map. The planning Director or City Engineer or their authorized representative may require a new tentative parcel map application in lieu of the above procedure when, in their opinion, requested changes are substantial enough to warrant refiling and reprocessing. Section 18-1.502. Parcel Maya. ' 18-1.502.1. General. The. form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of this section and the State Subdivision Map Act. 18-1.502.2. Survey required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All rtiontltnents, property lines, centerlines of .streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the Parcel nep shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures. 18-1.502.3. Form. The form of the parcel map shall conform to final map form r is as specified by 9ectian 18-1.402 of this chapter. 18-1.502.4. Contents. The contents of the Parcel map shall conform to final map content requirements as specified by Section 18-1.402 of this chapter, and as modified herein. Certificates shall be in accordance with Section 66449 of the Government Cade with the addition of the trustee's certificate according to Section 18-1.402 (C). Lots ,shall be designated by letters coinnencinq with "A". 18-1.502.5. Prelims Submittal.. The subdivider shall submit three sets of pr to of the parcel map to the C ty Engineer for checking. The prelimdnary Prints shall be accompanied by two copies of the data, plans, reports and documents as required for final maps by Section 18-1.402.5.1 "Preliminary Submittal", and as modified herein. The City Engineer may waive any of the requirements upon finding that the location and nature of the proposed subdivision is such as not to necessitate compliance with the requirements of Section 10-1.402. Any additional information or documents required shall be as specified with the conditions of approval of the tentative nap. 18-1 502 6 Review by City F2igineer. The City Engineer shall review the parcel map and the subdivider's engineer shall make crorrections and/or additions until the map is acceptable to the City Engineer. Page 22 18-1.502.7. Approval by City Engineer. Upon receipt of an approved print, tiie subd eider shall submit the or g nal tracing of the revises map, prepared in accordance with the Subdivision Map Act and this chapter and corrected to its final form, and signed by all parties required by the Map Act and this chapter to execute the certificates on the map, to the City Engineer. 18-1.502.8. Fili with the Coun Rernrder. The City Clerk or authorized agent shall tram t the approved parcel map directly to the County Reconier. 18-1.502.9. Waiver of Parcel Map Requirements. The City Engineer, upon concurrence of the Planning Director, may ve the parcel map requirement for division of real Property or interests therein created by probate, aninent domain pra,adures, partition, or other civil judgments or decrees. Upon waiving the parcel map requirement, a plat map, in a form as requires by the City Engineer shall be required for lot line adjustments, m°zgers, certificates of compliance and parcel nmp waivers. Upon waiving the parcel map requirement, the City Engineer shall also cause to be filed with the County Recorder a "Certificate of ComQliance" for the ].and to be divided. A parcel map waived by the City EY~gineer may be conditioned to provide for payment of parkland, drainage, and other fees as required by City ordinances or resolutions. ARTICLE 6. DIDICATIONS AND RESERVATIONS As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights; drainage; public greenways; sariic easements; public utility easea~nts; and other public easemients. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights; drainage; public utility easements; and other public easements. Improvements shall be in accordance with Article 8 of this chapter. Section 18-1.602. Park Land Dedication 18-1.602.1. Purpose This section is enacted pursuant to the authority granted by the Business and Professions Code of the State of California. 71~e park and recreational facilities for which dedication of land and/or payment of a fee is required by this article are in accordance with the open space and conservation element of the adopted General Plan of the City of Cupertino, and any am.~dments thereto. 18-1.602.2. R irements. As a condition of approval of a final subdivision map or parcel map, the sub eider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula crontained in this article. Page 23 18-1.602.3. General Starxiaxti. The public interest, cronvenienoe, health, welfare and safety. r re that three acres of property for each one thousand persons be devoted for neighborhood park and recreational p:uposes and two and one-half acres of property for each one thousand persons residing in the City be devoted toward caRmu:ity park and recreational purposes, with the ctu-ulative standard of five and five-tenths acres of property for each one thousand persons. 18-1.602.4. Starvlwm7a and Fornula for Dedication of Land. Where a park or recreational facil ty has been designated. in the open space and crnsezvation element of the General Plan of the City, and is to be located in whole or in part within the proposed subdivisim to serve the im:aediate and future need of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivison. The subdivider shall provide park lands as related to the need for a neighborhood park and therefore, the formula for dedication of park land for residential development should be based upon three acres of park land per on thousand parrots. The formula for determining acreage to be dedicated shall be as follows: Average number of Pezsons/Unit 1000 Population Park Acreage Standard Example for single-family W: 3.6 1,000 ~ 0.0108 ac/tl 3 The following table of population density is to be followed: Park Land Dedication Formula Table Average Acreage Requirement,/Dtl, Average Household- Hcusehold Based an .3-acre Types of Dwellings hold Size/OU Size Range Standard Single-Family 3.6 3.3 and up 0.0108 Duplex, medium law 3.1 3.0 - 3.2 0.0093 Cluster, medium 2.8 2.6 - 2.9 0.0084 Cluster, medium high 2.3 2.2 - 2.5 0.0069 Apartments 1.8 1.5 - 2.1 0.0054 In the event apartmeltt-zoned land is subdivided, the park land dedication formula shall be applied as related to the maximum number of units pezmitted by the mining classification of the property. 18-1.602.5. Forttula for Fees in Lieu of Land Dedicatirn. A. General Formula. If there is no park or recreational facility designated in the open space and conservation element of the General Plan to be located in whole oc in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating ~, PaY a fee equal to the value of the land prescribed for dedication in Section 18-1.602.7, such fee to be used for a local park which will serve the residents of the area being subdivided. Page 24 B. Fees in Lieu of Land - 50 Parcels or less. If the proposed subdivision contains 50 parcels or less, the subdivider shall pay a fee equal to the land value of the portion of the local park required to'serve the needs of the residents of the proposed subdivision as prescribed in Section 18-1.602.4 and in an amount determined in aooondance with the provisions of Section 18-1.602.7. C. Ose of Man The money collected hereunder shall be paid to the treasurer of the ty or s authorized agent. Said money shall be placed in a special revenue fund which is heretry created and which shall be known as the park dedication in-lieu tax fund. Moneys within this fund shall be used and expended solely for the acquisition, iapravenent, expansion or i~lementaticn of pazks and recreational facilities reasonable related to serving said subdivision by way of the purchase of necessary land, or, if the City Council deems that there is sufficient land available for said subdivision, then secondly said moneys shall be used for improving such land for park and recreational purposes. 18-1.602.6. Criteria for iri both Dedication and Fee. In subdivisions of over 50 lots, the subdivi shall cafe ].and and pay a fee in lieu thereof in accordance with the following formula: A. When only a portion of the land to be subdivided is proposed in the open space and conservation element of the General Plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee oa~wted pursuant to the provisions of Section 18-1.602.7 shall be paid for any additional land that soul,d have been required to be dedicated pursuant to Section 18-1.602.4. B, When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needod fran the subdivision to oanplete the site, such remaining portion shall be dedicated and a fee conputed pursuant to the provisions of Section 18-1.602.7 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to Section 18-1.602.4, such fees to be used for the inQrovenent of the existing park and recreational facility or for the inprovement of other local parks and zecreational facilities in the area serving the subdivision. 18-1.602.7, Amount of Fee in Lieu of Park band Dedication. When a fee is required to be paid in eu o park land dedication, the amount of such fee shall be based upon the fair market value of the land which wand otherwise be required to be dedicated pursuant to Section 18-1.602.4. The fee shall be paid pursuant to the provisions contained in Section 18-1.602.11. At the time of the filing of the final subdivision map for approval, the Director of Public Works shall, in those cases where a fee in lieu of dedication is required either in whole or in part, determine the fair market value of the land in the proposed subdivision, and this determination shall be used in calculating the fee to be paid. If a subdivider objects to the fair maket value determination, he may at his own expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the City, which appraisal of fair market value may be accepted by the City Council, if found reasonable. Alternatively, the City and the subdivider may agree as to the fair market value. 18-1.602.8. Subdividers not within General Plan. Where the proposed subdivision lies within an area not then but to be eluded Mnthin, the City's General Plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adapted park and recreational principles and standards of the City's Page 25 General Plan and in acrnrdance with the provisions of this article 18-602.9. Determination of Land or Fee. If the relationship between a proposed v son oontaini.ng fifty parcels or mare and the open space and conservation element is unclear, the City Council shall determine whether it accepts land dedication or elects to require payment of a fee thereof, or by consideration of the following: A. Topography, geology, access a~ location of land in the subdivision available for dedication; S. Size and shape of the subdivision and land available for dedication; C. Feasibility of dedication] D. Availabiliity of previously aczluired park property. The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a oanbination thereof, shall be final and conclusive. 18-1.602.10. Credit for Private Recreatirn or Where private open space ar recrea anal purposes is provided in a proposed subdivision and such space is to be privately caned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty percent (508) may be given against the requirement of land dedication or payment of fees in lieu thereof if the City Council finds that it is in the public interest to do so and that all the following standards are met: A. That yards, court azeas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the conputation of such private open space; 8. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; C. That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated air eliminated without the consent of the City or its successor; D. That the proposed private open space is reasonably adaptable for. use for park and recreational purposes, taking into consideration such factors as size, shape, topography. geology, access and location; E. That facilities proposed for the open space are in substantial accordance with the provisions of the open space and conservation element of the General Plan; and F. That the open space for which credit is given provides a minimm: of five (5) of the local park basic elements listed below, or a ornibination of such and other recreational improvements, that will meet the specific recreation park needs of the future residents of the azea: Criteria List Acres Childred's Play Apparatus Area .50 - .75 Landscape Park-Like and Quiet Areas ,50 - 1.00 Family Picnic Area .25 - .75' Game Court Area ;25 - .50 Turf Playfield 1.00 - 3.00 S\aim Pool (42' X 75' with Adjacent Deck and Lawn Areas) .25 - .50 Recreation Center Building .15 - .25 Before credit is given the City Council shall make written findings that the above standards are met. Page 26 18-1.602.11. Procedure. At the time of approval of the tentative subdivision map, the City Council shall determine pursuant to Section 3.28.090 the. land to be dedicated and/or fees to be paid by the subdivider. At the timA of the filing of the final subdivision map, the subdivider shall dedicate the land/or pay the fees as previously deterniined by the City Council. Open space covenants for private park or recreational facilities shall be sutmitted to the City prior to approval to the final subdivision map and shall be recorded simultaneously with the final subdivision map. 18-1.602.12. Co:Rnencenent of Devel t. At the time of approval of the final v s on map, a City Council shall specify when development of the park or recreational facilities shall be oaanenced. 18-1.602.13. Narresidential Subdivisions. The provisions of this article do not app y to non-res en al visions. Section 18-1.603. School Site Dedication. 18-..603.1. General. As a on of approval of a final subdivision map, a subdivider who develops or ooagletes the development of one or cure subdivisions within a school district shall dedicate to the school district such lands as the City Council shall dean to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service. 18-1.603.2. Procedure. The requrement of dedication shall be imposed at the tim° of approval of the tentative map. If within thirty (30) days after the requirement of dedication is inQosed by the City the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map on any portico of the subdivision. 18-1.603.3. Pa is to Subdivider for School Site Dedication. The school district shall, i it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts: A. The cost of any improvemants to the dedicated ].and since acquisition by the subdivider; B. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding crnmitment to accept the dedication; C. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred m any loan covering such land. 18-1.603._4. ~tians. Thee provisions of this section shall not be applicable to ~v der who-has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps. Section 18-1.604. Reservations. 18-1.604. General. As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standan3s and formula contained in this section. Page 27 _ _ _ __. 18-1.604.2. Sta~a*~Q for Reservation of Iand. Where a park, recreational facil ty, fire stat on, library, or other public use is shown on an adopted specific plan or adopted general plan containing a cann~nity facilities element, recreation and parks element and/or a public building elen~nt, the subdivider may be required by the City to reserve sites as so deteremined by the City or County in accordance with the definite principles and standards contained in the above specific plan or General Plan. The reserved area must be of such size and shape as to permit the ba].anoe of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider ecaianically unfeasible. The reserved azea shall oonfoam to the adopted specific plan or General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. 18-1.604.3. Procedure. The public agency .for whose benefit an area has been rese 1, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acxeptance of all improvsrnnts, unless such period of time is extended by mutual agreement. 18-1.604.4. Pa t to Subdivider. The purchase price shall be the market value thereof at the time of the f 1 nq of the tentative map plus the tawes against such reserved area fray the date of the reservation and any other ousts incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved azea. 18-1.604.5. Termination. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate. Section 18-1.605. Waiver of Direct Street Access. The City may require as a oaidition of approval of any subdivis on the waiver of direct access rights to proposed or existing streets from any property within the subdivision and abutting thereon. Any such waiver shall became effective in accordance with its provisions and shall be crontained in the owners certificate of the final map or parcel map. ARTIQ.E 7. OODID~TIUN CONVII2SION Section 18-1.701. General. In addition to the requirements and procedures as set forth articles 3, 4, 5 and 6 of this chapter and Ordinance 906, conversions of existing multiple family rental housing to ca~daniniums, catmmity apartments, stock cooperatives, and any other subdivision which is a conversion of existing rental horsing shall be subject to the additional requirements provided by this Article. Section 10-1.702. Written Notification R iced. Written notification shall be proved concerning the inter on to convert res dential real property to a orndominium project, a camunity apaztttpnt project or stock cooperative. Said written notification shall be provided as set forth belay with evidence that notification has been given and such evidence shall be submitted to the Department of Planning and Development. 18-1.702.1. Notice to Tenants. The following written notices. shall. be given to each tenant. Page 28 A. Sixty (60) days prior to the filing of a tentative map, a notice of intention to convert shall be provided. Said notice shall be as follows: "To the occupant(s) of": (Address) The owner(s) of this building, at (address),. plans to file a tentative mnp with the' (city, Bounty, or city and county) to convert this .building to a (condominium, c~ann:nity apartment, or stock cooperative project). You shall be given Mice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Governmet:t Code, and you have the right to appear and the right to be heard at any such hearing. (Signature of saner or owner's agent) (Date) B. Ten (10) days prior to approval of a final msp for the proposed conversion, a notice of said pending final map approval shall be provided. C. Ten (10) days prior to approval of a final map, a notice shall be given advising that an application for a public report will be or has been submitte3 to the Departinent of Real Estate and that said report will be available on request. D. One hundred eighty (180) days prior to termination of tenancy due to conversion or proposed conversion, a notice of intention to convert shall be provided. 18-1.702.2. Notice to Prospective Tenants. The following written notice shall be given to each prospective tenant mmiencing an a date not leas than sixty (60) days prior to the.. filing of a tentative map application. Said notice shall be as follows: "To the prospective occupant(s) of": (Address) The owner(s) of this building, at (address), .has filed or plans to file a tentative map with the (city, county, or city and county) to convert this building to a (oondaninium, mmunity apartment, or stock cooperative project). No units may be sold in this building unless the conversion is approved by the (city, county, or city and minty) and until. after a public report is issued by the Department of Real Estate. If you becane a tenant of this huilding, yeu shall be given notice of each hearing for such notice is required pursuant to Sections 66451.3 and 66452.5 of the Governrtwst Code, and you have the right to appear and the right to be heard at any such hearing. (Signature of owner or owner's agent) (Dated) Failure to give notice as stated above shall not be grounds. to deny the conversion. However, failure to give rwtice to a prospective tenant who becanes a tenant, who is entitled to such notice, and who does not purchase his or her unit and is required t:o move as a result of the conversion shall be paid an amount equal to the sum of the following: Page 29 1. Actual moving expenses incurred when moving from the subject property, not 'to exceed five hundred dollars ($500.00>. 2. The first month's rent on the tenant's new rental unit, iamediately after moving from the subject property, not to exceed the amaint previously paid for the unit being oonverteri or the minimmi zequired by the Subdivision Map Act, whichever amount is higher. ARTICLE 8. SUBDIVISION I1h~RONII+Q!IdiS. Section 18-1.801. General. The subd vi er 1 construct all required improvements both on and offsite according to approved sra,aarr~a, No final map shall be presented to the Council or Parcel Map to the City Engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do such work. Section 18-1.802. Improvements Required. 18-1.802.1. General. All improvanents as maybe required as conditions of approval of the tentative map or City ozdinance, together with but not limited to, the following shall be required of all subdivisions. Requirements for oonstniction of onsite and offsite improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agr~eenecst recorded prior to or concurrent with the parcel map. Completion of improvements shall be in accort3ance with Section 18-1.811. 18-1.802.2. Frontage Requirements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitirns. 18-1.802.3. Storm Drainage. Storm water nu~off from the subdivision shall be collected and conveyed by an approved alarm drain system. The storm drain system shall be designed for ultimate development of the watershed. The stoam drain systen shall provide for the protection of abutting and offsite properties that aauld be adversely affected by a~ increase in runoff attributed to the develoisnent; offsite storm drain improvements may be requized to satisfy this requirenent. 18-1.802.4. Sanitary Sewers. Each unit oz lot within the subdivision shall be served by an approved sanitary sewer system. 18-1.802.5. Water S~1 Each unit or lot within the subdivision shall be served by an app domestic voter system. 18-1.802.6. Underarcunding Utilities. Each unit or lot within the subdivision shall be served by gas ( required), electric, telephone and cablevision facilities. All utilities within the subdivision and along peripheral streets shall be placed underground in acrnrdance with the Cupertino Municipal Cade Sections 14.20 Page 30 and 14.24, except those facilities exessgted by the Public Utilities Commission regulations. Ussdergrsxsssding shall be required for overhead lines on both aides of peripheral streets. For subdivisions of five i5) or score parcels, the subdivider may request that the undergrounding requirement alotsq peripheral street be waived by the Planning Cartmission. The Planning Connission may,. at its discretion, accept a fee in lieu of the undezgrounding. The asssaust of fee shall be determined by the City Engineer and shall be me-half of the normal. cost of unciergrounding existing utilities on residential streets. The requirement for undergrousxiing or the acceptance of an fn-lieu of undergrousrling fee shall be made a condition of approval of the tentative map. For subdivision of five or more parcels the developer shay appeal the undergrcur>ciing requiresssent along peripheral streets to the City Council. Stich appeal shall be in accorr7ance with Section 18-1.501.9.2 of this ordinance. The appeal shall be accaq~arsied by an estimate frcxst each utility oomoany for the approxisssate cost per lineal foot and total cost to underground its facilities along the peripheral street. The developer shall pay all fees as ssey be charged by each utility caspany to snake the required estimate. The City Council sssay, at its discretion, accept a fee in-lieu of the undergrourriinq of existing facilities along peripheral streets. The amount of fee shall not be less than the amourst established by the City Engineer for the normal cost of undergrsxusding of existing utilities along residential streets. In-lieu fees shall be deposited in a special ursdergrcursdinq accamt to be used as approved by the City Council for future undergrounding of utilities throughout the City. For subdivisions of four or less parcels, undergrounding requirements shay be waived or modified by the City Engineer upon finding: A. The subdivision is within an area where existing utilities have not been susdergrounded. B. Overhead utilities will have no significant visual inpact. If the undergrausding requirasserst is waived as allowed by findings A. and B. above, the in-lieu fee as established by the City Engineer shall be paid as a condition of approval of the tentative map. Sectirn 18-1.803. Deferred 7mpravement Agreassf~sts. 18-1.803.1. Subdivisions of Four or Less Parcels. The frontage issprovenents along s nq peripheral streets may err when deemed necessary by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is issspractical due to physical constraints, or the surrounding neighborhood is absent of similar improvernlsts. When issprovements are deferred, the subdivider shall enter into an agreement with the City for the installation of all frontage issQrovetnents at such time in the future as required by the City. The agre~nesst shall provides A. Construction of said issgroveisnnts shall cunssetsce within six ssarsths of the receipt of the notice to proceed fran the City. B. That in event of default by the owner, his successors or assigns, that City is hereby authorized to cause said construction to be done and charge the entire cost and expense to the owner, his successors or assigns, including interest from the date of notice of said oust and expense until paid. Page 31 C. That this agreement shall be recorded in the office of the Recorder of Santa Claza County, California, at the expense of the owner and shall constitute notice to all successors and assigns of the title to said real property of the obligation herein set forth, and also a lien in such atrount as will fully reimburse the City, including interest as hereinabove set forth, subject to foreclosure in event of default in payment. D. That in event of litigation occasioned by any default of the owner, his successors or assigns, the caner, his successors or assigns agree to pay all costs involved, including reasonable attorney's fees, and that the same. shall bacons a part of the lien against said real property. E. That the term "owner" shall include not only the present owner but also his heirs, successors, executors, administrators and assigns, it being the intent of the parties hereto that the obligations herein undertaken shall run with said real property and oonsititute a lien there against. The agreement shall not relieve the owner from any other requirements specified herein. The construction of deferred inQrovements shall conform to the provisions of this chapter and all applicable articles of the Municipal Cade in effect at the time of construction. 18-1.803.2. Remainders. Where remainders are made part of a final or parcel map, the City may enter to an agreement with the subdivider to construct iagrwements within the remairxier at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel, Said inprovements shall be at the developer's expense. In the absence of such an agreement, the City rtay require fulfilln~t of such construction requirements within a reasonable time following approval of the nap, upon a finding that fulfillment of the crnstruction requirenw~ts is necessary for reasons of: A. The public health and safety, or B. The required construction is a necessary prerequisite to the orderly development of the surrounding area. Section 18-1.804. Design. 18-1.804.1. General. The design and layout of all required iaQrovements both on and o s te, private and public, shall conform to generally acceptable engineering standards and to such standards as approved by the City Engineer. If the subdivider or the subdivider's engineer disagrees with the standards applied in interpretating the tentative map ca:ditions of approval by the City FY~gineer, the interpretation may be appealed to the Planning Coi:mission according to procedures set forth in Section 18-1.501.9.2. 18-1.804.2. En Conservation. The design of a subdivision for which a tentative map s required, pursuant to article 3 of this oniinance, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Exanples of passive or natural heating opportunities in subdivision design include design of lot size and oonfiquration tv permit orientation of a structure in an east-west alignment for southern exposure. Exanples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes. In providing for future passive or natural heating or cooling opportunities in the Page 32 design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and impmveaent requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed. The requirements of this section do not apply to crndaninium projects which consist of the subdivision of airspace in an existing building when no new structures are added. For the purpose of this section, "feasible" means capable of being acca~lished in a successful manner within a reasonable period o£ time taking into acccunt econanic, environmental, social and technological factors. Section 18-1.805. Access. The subdivision shall abut upon or have an approved access to a public street. Fach unit or lot within the subdivision shall have an approved access to a public or private street. Street layout shall be designed to provide for future access to, and not rose undue hardship upon, propexty adjoining the subdivision. Reserve strips, or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated uncrnditionally to the City when required. Section 18-1.806. hiprovanent Plans. 18-1.806.1. General. Improvanent plans shall be prepared under the direction of and signed by a reg stered civil engineer licensed by the State of California. Improvanent plans shall include but not be limited to grading, :storm drains, landscaping, streets and related facilities. 18-1.806.2. Fozm. Plans, profiles and details shall be legibly drawn, printed or repr on 24" x 36" sheets. A border shall be made on each sheet providing 1/2" at top, bottom and right side and 1-1/2" rn the left side. A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space ..for approval by the City Fhgineer and for approval of plan revisions. Plan and profiles shall be drawn to the scale of 1"y10' or larger unless approved by the City II~gineer. Details shall be drawn to such scale that clearly show the facility being constructed. The scales for various portions of the plans shall be shown on each sheet. A vicinity map shall be shown of the first sheet of all sets of plans. A north arrow shall be shown an each sheet when applicable. Plans shall be laid out to orient north to the tap or right edge of the sheet unless approved otherwise by the City F2~gineer. All lettering shall be 1/8" minimuma~. Page 33 All lettering shall be 1/8" minim~ua If the plans include three or more sheets, a cover-sheet shaving-the' streets, lots, easements, storm drains, index and vicinity map shall be included. The form of all plans shall inform to such additional requirents -as may be established by the City Engineer. The final form of all plans shall be as approved by the City Fhginer. 18-1.806.3. Contents. The inQrovement plans shall show amplete plans, profiles and de is for all required improvements to be constructed, both public and private (including cannon areas). Reference may be made to the City of Cupertino, Santa Clara County or State standard plans in lieu of duplicating the drawings thereon. 18-1.806.4. Supplementary Plans and Calculations. Hydrology, hydaulic plans and cal-~tions~ estunates any structural calculations as may be required, shall be submitted with the improvement plena to the City Engineer. All calculations shall be legible, systematic and signed and dated by a registered civil engineer licensed by the State of California and in a form as approved by the City Engineer. 18-1.806.5. Review by the City Engineer. The subdivider shall submit two sets of improvement plans and two copies of all computations to the City Engineer for review. Upon oo~letion of his review, one set of the preliadnary plans,. with the required revisions indicated thereon, will be returned to the subdivider's engineer. 18-1,806.6. Approval by the City Engineer. After completing all required revisions, the v der'a engineer shall transmit the originals of the iuprwement plans to the City FY~gineer for his signature. Upon finding that all required revisions have been made and that the plans crnform to all applicable City ordinances, design review requirements 'and conditions of approval of the tentative map, the City Engineer shall sign atxi date the plans. The originals will be returned to the subdivider's engineer. Approval of the improvement plans shall not be oaistrued as approval of the sanitary sewer or water construction plans. Approval by the City Engineer shall in no way relieve the subdivider or his engineer from responsibility for the design of the improvements and for any deficiencies resulting frau the design thereof or iron any required oxx3itions of approval for the tentative map. Prior to the start of work, the subdivider's engineer shall submit all required microfilm, sepias and copies of both maps and improvgnent plans to the City. 18-1.806.7. Revisions to roved Plans. 0-806. B v Requests by the subdivider or the engineer for revis ons to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or his appointee and shall be accor~anied by two sets of revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the Page 34 City Engineer's office for initialing. The originals shall be returned to the • subdivider's engineer and two sets of the revised plans shall be immediately transmitted to the City Engineer. Construction of any proposed revision will not be permitted to commence until revised plans have been received and forwarded to the City's Public Works inspectia~ division. 18-1.806.7.2.__By .City Engineer. When revisions are deemed necessary by the City Eng near to protect public health and safety, or as field ornditions may require, a request in writing shall be made to the subdivider. and his engineer. The subdivider's engineer shall revise the plans and transmit the originals to the City Engineer for initialing within such time as specified by the Cfty Engineer. Upon receipt of the initialed originals, the subdivider's engineer shall immediately tranmit twv sets of revised drawings to the City Engineer. Construction of all or any portion of the improvements may be stopped by the City Engineer until revised drawings have been submitted. The subdivider may appeal revisions required by the City Engineer to the City Council by filing an appeal with the City Clerk within two working days following receipt of the request to revise the plans. 18-1.806.7.3. Plan Checking and Inspection Costs for Revisions. Costs incurred by the City for the check3nq of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider. Sectian_18-1.807._Improvesaent Agreement. The agreement shall be prepared and s gne3 by the City Engineer and approved as to form by the City Attorney. The agreement shall provide for: A. Construction of all improvements per the approved plans and specifications. H. Ccmpletian of improvsn°nts within the time specified by Section 18-1.811. C. Right by City to modify plans and specifications. D, warranty by subdivider that construction will not adversely affect any portion of adjacent properties. E. Payment of inspection fees in accordance with the City's resolution establishing fees and charges. F. Payment of in-lieu fees for undergrour~dinq of utilities an peripheral streets; payment of in-lieu fees for parkland dedication. G. Payment of drainage district or area fees. H. Improvement security as required by this Article. I. Maintenance and repair of arty defects or failures and causes thereof. J. Release of the City from all liability incurred by the development and payment of all reasonable attorney's fees that the City may incur because of any legal action arising from the development. K. Any other deposits, fees or oonditims as required by City ordinance or resolutiai and as may be required by the City Engineer. Section 18-1.808. I~r'oveit~t Security. 18-1.808.1. General. Any improvement agreement, contract or act required or authorized by the Stibdivision Map act, for which security is required, shall be secured in accordance with Section 66499 of the Government Cade and as provided herein. No final map or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this section have been received and approved. Page 35 18-1.808.2. Form of Security. The form of security shall be one or the canbination of the following at the option and subject to the approval of the City. A. Band or bonds by one or more duly authorized corporate sureties. B. A deposit, either with the local agcy or a responsible escrow .agent or trust ca:pany, at the option of the local agency, of money or negotiable bands of the kind approved for securing deposits of public moneys. C. An instrument of credit fray one or more financial institutions subject to regulation by the state or federal government and pledging .that the. funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution. D. Alien upon the property to be divided, created by contract between the owner and the local agency, if the local agency finds that it Mould not be in the public interest to require the installation of the required improvsn?nt sooner than tiro years after the recordation of the map, The provisions of the bond or bonds shall be in accordance with Section 66499.1 and 66499.2 of the State Subdivision Map Act, 18-1.808.3. Am~nt of Security. A performance bond or security in the amount of one hundred percent (1008) of the estimated construction cost to guarantee the construction or installation of all impxnvenents shall be required of all subdivisions. An additional. amount of one hundred per cent (1008) of the estimated construction cost shall be required to guaranty the payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of i~rnveanets, The estimate of improvement costs shall be as approved by the City Engineer and shall provide for: A. Ten percent (108) of the total construction cost for ocntingencies. B. All utility installation ousts or a certification acceptable to the City Engineer fran the utility co~any that adequate security has been deposited to insure installation. C. In addition to the full amount of the security, there shall be included ousts and reasonable expenses and foes, including attorney's fees, incurred in enforcing the obligation secured. 18-1.808.4. Maintenance Deposit, The developer shall deposit with the City not less than one liars ($1,000.00) cash for subdivisions of four or less Parcels. and three thousand dollars ($3,000.00) for other subdivisions, or such additional amount as required by the City Engineer, not to exceed one percent of the oonstructian cost. The deposit may be used at the discretion of the City. to correct deficiencies and conditions caused by the subdivider or his contractor that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the developer at the time all bonds aze released. 18-1.808.5. Warranty Security. Upon acceptance of the subdivision improvetnPnts by the City Council, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvments throughout the warranty period. The amount of the warranty security shall be not less that 108 of the cost of the construction of the improvements, including the cash bond which shall be retained for the one year warranty period. In hillside azeas, the warranty security shall be not less than 508 of the construction cost of improvement. Page 36 18-1.808.6. Reduction in Performance Securit The City F7~gineer may authorize in wr ting .the release a portion of the security in conjunction with the acceptance of the satisfactory ca~letion of apart of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than ten percent (108) of the total improvement seau~ity given for faithful performance. The amount of reduction of the security shall be as determined by the City F]~gineer; however, in no event shall the City f~gineer authorize a release of the improvelrent security which would reduce such security to an amount below that required to guarantee the oompletfon of the imprwernnts any any other obligation imposed by this ordinance, the Subdivision Map AGt, or the improvement agreement. 18-1.808.7. Release of Inpzovement Securities. 18-1.808.7.1. Performance Security.- The performance security shall be released only upon acceptance of the improvements by the City and when an approved warranty security has been filed with the City Engineer. If warranty security is not filed, performance security shall: be released t~relve (12) rmnths after acceptance of imprwements and correction of all warranty deficiencies. 18-1.808.7.2. Material and Labor Security. Security given to segue payment to the contractor, subcontractors and to persons furnishing labor, material or equipment may, six months after the ca~letion and acceptance of the improvanents by the City Council, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the City Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given. 18-1.808.7.3. warranty- Security.- The warranty security shall be released upon sa sfactory cartQletion of the warranty. period provided: A. ALL deficiencies appearing on the warranty deficiency list for the subdivision have been corrected. B. Not less than twelve (12) months have elapsed since the acceptance of the improvements by the City Council. Section 18-1.809. Construction. The construction me s materials for all improvements shall conform to the standard specifications of the City of Cupertino as adopted by Council resolution. The general provisions of the City's standard specifications shall apply to the developer where applicable. Construction shall not oam~erice until required imQrovenent plans have been approved by the City II~gineer and all required microfilm, sepias and- copies of both maps and improvements plans have been received by the City. Section 18-1.810. Construction Inspection. 18-1.810.1. General. All inprovements are subject to inspection by the City Engineer or authorized personnel. in accordance with.. the, City's standard specifications. Page 37 18-1.810.2. Pre-Construction Conference. Prior to camm~cing any construction, the developer shall arrange for a pre-~onstructiai conference with the Public Works inspector. 18-1.810.3. Final I 'on and Defici List. Upon completion of the vis an rovements, the veloper s 1 apply in writing to the Public works inspector for a preliminary final inspection. The Public Works inspector or authorized representative shall schedule a preliminary final inspection. A deficiency list shall be conpiled during the inspection, noting all corrections or any additional work required. If the nunber of items are excessive or the subdivision appeazs inca~lete, the preliminary final inspection may be halted and rescheduled rn a date as determined by the Public Works inspector or authorized representative. Upon having oa~leted all correctirns or additional work as outlined by the deficiency list, the developer shall certify in writing that all corrections have been oortpleted satisfactorily and request a final inspection.' 'rhe Public works inspector or authorized representative shall then make a final inspection. Upon finding that all items on the deficiency list have been corrected and receipt of as-built improvement plans, the subdivision shall be placed on the Council agenda for acceptance. 'ltfe oa~letion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown an the list that may be subsequently discovered. Section 18-1.811. Completion of rwane~ts. ~8-1.811~SuFdivisions o F ve or More Parcels. The subdivision improvements shall be couple a open n e~.g teen (18) months, or such time as approved by the City FYigineer, not to exceed a period of twenty-fair (24) months, from the recording of the final msp, unless an extension is granted by the City Council. Should the subdivider fail to oatQlete the improvemnts within the specified time, the City may, by resolution of Council and at its option, cause any or all unc~leted improvements to be caipleted and the parties ewecuting the surety or sureties shall be firmly bound for the payment of all necessary costs therefor. 18-1.811.2. Subdivisions of Four or Less Parcels. Crnpletion of ingroverents will not be required until such time as a permit or other grant approval for the development of any pazcel within the subdivision is applied for. I~rovenents shall be eanpleted prior to final building inspection or occupancy of any unit within the subdivision. The cot~letion of the improvements may be required by a specified date by the City when the aonpletion of such improvements aze found to be necessary for public health or safety or for the orderly development of the surrounding area. This finding shall be made by the City FY~gineer or authorized representative. Such specified date, when required, shall be stated in the subdivision improvement agreement. 18-1.811.3. FSctensions. 't9~e canpletion date may be extended by the City Council for subdivisions of five or more parcels and by the City t3~gineer for subdivision of Page 38 four or less parcels upon written request by the developer and the sutmittal of adequate evidence to justify the extension. The request shall be made not less than thirty (30) days prior to expiration of the subdivision inprovement agreement. The subdivider shall enter into a subdivision improvement agreement extension with the City. Fbr subdivisions of five or more parcels the agreement shall be prepared and signed by the City Engineer, approved as to form by the City Attorney, eweaited by the subdivider and transmitted to the City Council for their consideration. Zf approved by the City Council, the Mayor shall execute the agreement on behalf of the City. In consideration of a subdivision improvement extension agreement, the following may be required: A. Revision of improvement Plans to Provide for current design and construction standards when required by the City Engineer. H. Revised improvement construction estimates to reflect current improverent costs as approved by the City Engineer. C. Increase of improvement securities in accordance with revised construction estimates. D. Inspection fees may be increased to reflect current construction ousts but shall not be subject to any decrease or refund. The City Council may impose additional requirements as recomrended by the City Engineer or as it rosy deem necessary as a condition to approving, any time extension for the completion of improvements. The costs incurred by the City in processing the agreement shall be borne by the developer at actual oust. Section 18-1.812. Acceptance of i~rovements. ~8- .812.1. General. When all ~rovarent deficiencies have been corrected and as built improvement plans filed, the subdivision i~rovements shall be considered by the City for acceptance. Subdivisions of five or ~mre parcels mist be accepted by the City Council. The City Engineer or authorized representative shall be responsible for the acceptance of subdivisions of four or less parcels. Acceptance of the improvements shall imply only that the iuproveirents have been oarpleted satisfactorily and that public improvstpnts have, been accepted for public use. 18-1.812.2. Notice of Co~letion. If the subdivision has been accepted by the City the City Clerk shall cause to be filed with the County Rernrder a notice of caTpletion. 18-1.812.3. Acceptance of a Portion of the Improvements. When requested by the subdivider in writing, the City may consider acceptance of a portion of the i~rovemrnts as recrnmended by the City Engineer. The improvements will be accepted by the City only if it finds that it is in the public interest and such improvements are for the use of the general public. Acceptance of a portion of the impravanents shall not relieve the developer from any other requirements imposed by this article. Page 39 ..._ ARTICLE 9, REVERSIDNS Ta A(RFAGE Section 18-1.901. General. v property may reverted to acreage pursuant to provisions of this article and the State Subdivision Map Act, This article shall apply to final maps and parcel maps. Section 18-1.902. Initiation of Proceedin , 18-1.902.1, Hy Owners, P ngs to revert subdivided Property to aCr a ma be initiated by pet ton of all of the owners of recozti of the Property. 'It:e petition shall be in a form prescribed by the City Engineer, The petition shall contain the information required by Section 18-1,903 and such other information as required by the City Engineer, 18-1.902.2. By City Council. The City Council, at the request of any person or on is own motion may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the City Engineer to obtain the necessary information to initiate and cotxiuct the proceedings. Sectirn 18-1,903. Contents of Petition, The petition shall contain but not be limited to the following: A. Evidence of title to the real property; and H. Evidence of the crnsent to all of the owners of an interest in the property; or C. Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within. the time allowed by agreement for completion of the imprnvenents, whichever is later) or D. Evidence that no lots shown on the final or parcel map have been sold within five (5) years from the date such final or parcel map. was filed for record, E. A tentative map in the form prescribed by Section 18-1,402 or Section 18-1,501 of this chapter. F. A final or parcel map in the form prescribed by Section 18-1, 403 or Section 18-1.502 of this chapter which delineates dedications which wilt not be vacated and dedications required as a ca~dition to reversion, Final or parcel maps shall be conspicuously designated with the title, "The Purpose of this Map is a Reversion to Acreage." G. A deposit as required by the City Engineer toward processing and plan checking costs in accordance to the City's establishing fees and charges, Section 18-1.904. Submittal of Petitien to the Ci En sneer. The final map or parcel map or the reversion together. th all other data as required by this article shall be submitted to the City Engineer for his review, Upon finding that the petition meets with all the requirements of this chapter and the state Subdivision Map Act, the City Engineer shall submit the final map or parcel map, together with his report and recamrndatirns of approval or eonditienal approval of the reversion to acreage, to the City Council for their consideration, Section 18-1.905. Ci Council royal. A public hearing shah be he by the City Council on all petitions for initiations for reversions to acreage. Notice to the public hearing shall be given as provided in Section 66451.3 of the Government Code, The City Engineer may give such other notice that it deans necessary or advisable. The City Council may approve a reversion to acreage only if it finds and rernnis by Page 40 ,_ ;. ~ o resolution that: A. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and B. Either: 1. All owners of an interest in the real property within the subdivision have c~nnaented to reversion; or 2. None of the improvements required to be made have been made within two (2) years from the date the final or parcel map was filed for record, or within the time allowed by agreement for cxitQletion of the inprovements; whichever is later; or 3. No lots shcx~m on the final or parcel map were filed for record. The City Council may require as caxiitions of the reversion: A. The owners dedicate or offer to dedicate streets, public rights-of-way or easements. B. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accaiplish any of the provisions of this chapter, Section 18-1.906. Filing with County Recorder. Upon approving the reversion to acreage, the City Engineer shall transmit the final map or parcel map, together with the City Council resolution approving the reversion, to the County Recorder for recordation. Reversion shall be effective upon the final map being filed for rernrd by the County Recorder. Upon filing, all dedications and offers of dedication not shown an-the .final map for reversion shall be of no further force and effect. ARTICLE 10. PARCEU MF~tS. Section 18-1.1001. Mergers Not Required. Two oz more contiguous parcels or units of land which have been subdivided wrier the provisions of this r or the State Subdivision Map Act shall not merge by virtue of the fact that such contiguous parcels are held by the same ownership. No further proceedings under this d~apter shall be required for the purpose of sale, lease or financing, except as provided by this article. Sectirn 18-1.1002. Mergers Required. If any one of two or more contiguous parcels or units held by the same owner does not conform with the adopted General Plan and existing zoning regulations so as not to permit its development, .and at least me parcel or unit has not been developed with a building for which a building permit is required, then such parcels shall be considered as merged for the purpose of this chapter. The metho3 of merger shall be determined by the Planning Director to meet the requirements of the zoning chapter and this chapter. Section 18-1.1003. Notice of Merger. Whenever the Planning Director or an authorized representative has knowledge that real property has merged pursuant to .this article, they shall cause to be filed with the County Recorder. a notice of merger. At least thirty (30) days prior to recording of notice, the owner of the parcels or units shall be advised in writing of the intention to record such notice. The notification to the owner shall specify a time, date and place at which the owner may present evidence as to why the notice of merger should not be recorded. Page 41 The notice of merger to be recorded shall specify the names of the record owners and describe the property to be merged. Section 18-1.1004. Request by Property Owner. Upon request o the legal owner of crntiguous parcels, the planning Director or authorized representative may approve the merger of the property. Such request shall be in writing and shall be acxcnpanied by such data and documents as required by the Department of Planning and Development. Upon approval, a notice of merger shall be Eiled with the County Recorder. The form and content of the notice shall be as required by the Planning Director. In approving such merger, the City may impose reasonable conditions. The reasonableness of such oor~ditions cosy be appealed within five (5) working days of written notice of the conditions to the City Council in accordance with Section 18-1.501.9.2 of this chapter. A fee to be charged at actual cost shall be charged to the applicant for processing such merger. A deposit may be required to be applied toward this fee. ARTICLE 11. CORRDCIZON ArID AMEt~NIS OF MAPS. Section 18-1.1101. Requirements. After a final or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of correction or an amending map: A. To correct an error in any course or distance shown thereon; B. To show any course or distance that was omitted therefrom; C. To correct an error in the description of the real property shown ors the map; D. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or E. 1b show the proper location of any monument which has been changed in location, or character, or originally was shown at the wrong location or incorrectly as to its character. F. 'lb correct any other type of map error or omnisaion as approved by the City Engineer, which does not affect any property right. G. Errors and omissions may include, but not be limited to, lots and numbers, acreage, street names and identification of adjacrst record maps. Error does not include changes in cr+urses or distances from which an error is not ascernable from the data shown on the final or parcel map. H. 'Ib make modifications when there are changes which make any or all of the caxiitions of the map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title or interest in the real property reflected on the recorded map. The modification shall be set for public hearing before the City Digineer or Planning Commission according to Section 18-1.401.6 or 18-1.501.5. The City Engineer or Planning CcQmission shall confine the hearing to consideration of, and action on, the proposed modification. Section 18-1.1102. Form and Contents. The mending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amerxiing map shall conform to the requirements of Section 18-1.402 if a final map, or Section 18-1.502 if a Page 42 parcel map. The certificate of correctian shall set forth in detail the correctians made .and show the names of the present fee owners of the property affected by the correction. Section 18-1.ll03. Submittal and Approval by the City Fhgineer The amend ng map or cent f cafe of correction, complete as to final form shall be submitted to the City Engineer for his review and approval. The City Engineer shall examine the wing map or certificate of crorrectian and if the only changes made are those set forth- in Section 18-1.1101 above, he shall certify to this fact an the amending map or certificate of correctian. Section 18-1.1104. Fill with the Coun Recorder. The amending map or certificate o correction cortified by the City Engineer shall be filed in the office of the County Recorder in which the original map was filed. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate tract designation shown an the amending map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected and thereafter shall mart constructive notice of all such oorrectians in the same manner as though set forth upon the original map. Section 18-1.1105. Fee. The fee for cher)cing, processing and recording the amended map or certificate of correctian shall be in accordance with the City's resolution establishing fees and charges. A deposit to be applied toward this fee may be required by the City Engineer upon submittal of the amended map or certificate of correction for his review. ARTICLE 12. IIIFORCEbffi~TP OF ARTICLE PRWISIO~IS. Section 18-1.1201. Prohibitian. A. No person shall offer to sell or lease, to contract to sell or lease, to sell or lease or to finance any parcel or parcels of real property or to cam~nce construction of any building for sale, lease or financing thereon, except for model homes, or to allow occupancy thereof, for which a final map or parcel map is reguired by this chapter, or the State Subdivision Map Act, until such map thereof, in full canpliance with the provisions of this chapter, or the State Subdivision Map Act, has been filed with the County Recorder for record. B. No person shall sell, lease or finance any parcel or parcels of real property or oannence oanstzuctian of any building for sale, lease or financing thereon, except for mxiel hones, or allow occupancy thereof, for which a parcel rtep is required by this chapter or the State Subdivision Map Art, until such map thereof, in full oz-pliance with the provisians of this chapter and the State Subdivision Map Act, has been filed for record by the Recorder. C. Canveyances of any part of a division of real property for which a final or parcel map is required by this chapter shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record with the County Recorder. D. This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in oanpliance with or exempt from any law (including a local oniinanoe), regulating the design and inprove~nt of subdivisions in effect at the time the subdivision was established. Page 43 Section 16-1.1202. Remedies. A. Any deed of conveyance, sale or contract to sell real property which has been divided, oc which has resulted from a division, in violation of the provisions of this chapter or State Subdivision Map Act, is voidable at the sole option of the grantee, buyer or persrn c~tracting to purchase, his heirs, personal representative or trustee in insolvency or bankzuptcy within one year after tha date of discovery of the violation, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, 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. B. Any grantee, or his successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or the State Subdivision Map Act may, within me year of the date of discovery of such violation, bring an action in the superior court to recover any damages he has suffered by reason of ssch division of property. The actirn may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property, C. The provisims of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of crnQlianos filed pursuant to section 6649.35 of the Government Code or identied in a recorded final map or parcel map, fran and after the date of recrording. The provisions of this section shall not limit or affect in any way the rights of a grantee or his successor in interest user any other provision of law. D. This section does not bar any legal, equitable or summary remedy to which the City or other public agency, or any person, firm or corporation may otherwise be entitled, and the City or other public agency, or such person, firm or corporation cosy file a suit in the superior court of Santa Clara County to restrain or enjoin any attested or proposed subdivision for sale, lease or financing in violation of this chapter. E. The City shall not issue a permit ar grant any approval necessary to develop any real property which has bean divided, or which has resulted fran a division, in violation of the provisions of this chapter or the State Subdivision Map Act if it finds that developnent of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the saner of the real property at the time of such violation or whether the applicant therefor is the current owner of the real P~rtY nth, or without, actual or constructive knowledge of the violation at the time of the acquisfstion of his interest in such real property. The City, in issuing a permit or granting approval for the development of any such real property, cosy impose those additional ca~ditions as wwld have ben applicable to the division of the property at the time the current owner of record acquired the property, and which has been established at such time by this division or local ordinance enacted pursuant thereto, except that if a crnditional certificate of canpliance has bean filed for record under the provisions of this article, only such conditions stipulated shall be applicable. Section 18-1.1203. Cztificate of Compliance. A. Any person caning real property within the City of Cupertino may request the City Engineer to determine whether such real property cronplies with the provisions of this chapter and the State Subdivision Map Act. B. t7pon making such determination, the City II~gineer shall cause a certificate of eonpliance to be filed for record with the County Reconier. The certificate of Page 44 crnpliance shall identify the real property and shall state that the division of land carplies with applicable provisions of the City of Cupertino Municipal Code and the State Subdivision Map Act, C. If the City Engineer determines that .such real property does not ccnplY ,with the provisions of the Municipal Cade or State Subdivision Map Act, he may, as a condition to granting a certificate of oonpliance, impose such conditions as r~uld have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at such time by or3inanee. Upon making such a determination and establishing such conditions, the City F}~gineer or authorized representative shall cause a caonditional certificate of compliance to be Filed for record with the County Recorder. Such certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and Implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property, Ccapliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued, D. A recorded final map or parcel map shall constitute a certificate of conplianee with respect to the parcels of real property described therein. E. For the purposes of administration of this sectirn, any parcel that is shown on the County Assessor's maps prior to 1960 shall be considered as a conforming parcel, F, A fee to be charged at actual cost shall be charged to the applicant for making the determination and processing the certificate of compliance, A deposit may be required to be applied toward this fee, Section 18-1.1204. Certificate of Nonce liance Whenever the City~Fhgineer or an authorized representative has knowledge that real property has been divided in violation of the provisions of this chapter or the State Subdivision Map Act, the}, shall cause to be filed for record with the recorder of the County a tentative notice of violation (^Cert;ficate of Non-Casgliance") describing the real property in detail, naming the owners thereof, and describing the violation and stating that an opportunity will be given to the owner to present evidence, At least thirty (30) days prior to the recording of a final notice, the owner of the real Property shall be advised in writing of the intention to reconi a final notice and specifying a time, date and place at which the owner may present evidence as to why such determined that there has been no violatiton, a release of the tentative notice shall be filed with the County Recorder. Such tentative or final notice, when recorded, shall be P ~rtyto be constructive notice of the violation to all successors in interest in such i • INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 15th day of Novemher 1982 and ENACTED at a regular meeting of the City Council of the City of Cupertino this 6th day of December 1982 by the following vote: Vote Members of the City Council AYES: Johnson, Plungy, Rogers, Sparks, Gatto NOES: None ABSENT: None ABSTAIN: None APPROVED: ~.,. M ~ yo , City of C ertino ATTEST: ~ts0~~, City Clerk Page 46