Cupertino Municipal Code Ch. 18.08 Definitions and Responsibilities

"Average slope" is obtained by use of the following mathematical equation.

S = I x L x 100

A

S = Average slope of ground in percent;

I = Contour interval in feet;

L = Combined length in feet of all contours in parcel;

A = Area of parcel and square feet.

"Benefitted property" means a parcel of real property, or any part thereof, which adjoins a street facility which was installed by an initial developer.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel or real property together with a separate interest in space as more particularly described in Civil Code Sections 783 and 1351.

"Conversion" means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings.

"Design" means: 1. Street alignments, 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-of-way; 4. Fire roads and fire breaks; 5. Lot size and configuration; 6. Traffic access; 7. Grading; 8. Land to be dedicated for park or recreational purposes; and 9. Other specific physical requirements in the plan and configuration of the entire

subdivision that are necessary to insure conformity with or implementation of the General Plan or any adopted specific plan.

"Environmental Impact Report (EIR)" means a detailed statement setting forth the environmental effects and consideration pertaining to a project as specified in the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and may mean either a draft or a final EIR.

"Final map" means a map showing a subdivision for which a tentative and final map is required by the Map Act or this title, prepared in accordance with the provisions of this title and the Map Act designed to be recorded in the office of the County Recorder.

"Improvement" means and refers to street work, storm utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, easements, subdivision as are necessary for the general use of the lot owners of the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map; or to other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to insure consistency with or implementation of the General Plan or any adopted specific plan.

"Initial developer" means any person, including the City, who installs off-site street facilities which benefit other parcels incident to or as a condition of the approval of a final map, final parcel map or conditional certificate of compliance.

"Lot" means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use.

"Lot line adjustment" means a minor shift of an existing lot line where land is taken from one parcel and added to an adjoining parcel or other adjustments where a greater number of parcels than originally existed is not created, as approved by the City Engineer or authorized representative.

"Merger" means the joining of two or more contiguous parcels of land under one ownership into one parcel.

"Map Act" means the Subdivision Map Act Government Code Section 66410–66499.58 of the State of California.

"Parcel map" means a map showing a division of land of four or less parcels as required by this title, prepared in accordance with the provisions of this title and the Map Act.

"Remainder" means that portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development. A remainder shall not be counted as a parcel for the purpose of determining whether a parcel map is required or final map is required. A remainder may be sold without further requirement of its filing of a parcel map or final map; provided, however, that the owner must obtain from the City a certificate of compliance or conditional certificate of compliance as provided for in Chapter 18.48.

"Reversion to acreage" means the dissolution of a previously approved and recorded subdivision. A reversion to acreage shall result in the merger of all lots created by the subdivision and reestablishment of the lot lines as they existed prior to the subdivision. Any modification of lot lines or merger of parcels comprising less than the whole of the parcel originally subdivided, or establishing any lot lines other than those existing prior to the subdivision, shall be deemed a new subdivision and not a reversion to acreage.

"Street facilities" means a public street installed within the City or any part thereof including, but not limited to the street surface, street base, street sub-base, sidewalks, curbs, gutters, storm drains, street lights, street signs, landscaping, sound walls and other facilities necessary and appurtenant thereto.

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for itself or for others; except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Civil Code Section 1351(f), a community apartment project, as defined in Civil Code Section 1351(m), or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code.

"Subdivision improvement standards" means standard details, standard specifications, and other standards approved by the City Engineer that shall govern the improvements to be constructed pursuant to this title and the Map Act.

"Tentative map" means and refers to a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.

"Vesting tentative map" means a tentative map in compliance with Government Code Section 66498.1 et seq. for a residential subdivision, as defined in this title, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 18.28.040, and is thereafter processed in accordance with the provisions hereof.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The City Attorney shall be responsible for approving as to form all subdivision improvement agreements.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The City Council shall have final jurisdiction in the approval or denial of tentative subdivision maps and final maps and improvement agreements and the acceptance by the City of such lands and/or improvements as may be proposed for dedication to the City for subdivisions.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The City Engineer shall be responsible for:

A. Establishing design and construction details, standards and specifications;

B. Determining if proposed subdivision improvements comply with the provisions of this title and the Map Act and for reporting the findings together with any recommendations for approval, conditional approval or denial of the tentative map to the Director of Community Development;

C. The processing and certification of final maps, reversion to acreage maps, and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments and certificates of compliance;

D. Examining and certifying that final maps are in substantial conformance to the approved tentative map;

E. The inspection and approval of subdivision improvements;

F. The City Engineer shall have final jurisdiction in the approval or denial of the following for applications involving the subdivision of one parcel into four or less parcels:

1. Final parcel maps;

2. Improvement agreements; and

3. The acceptance by the City of such lands and/or improvements as may be proposed for dedication to the City.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The Department of Community Development shall be responsible for:

1. The processing of tentative maps and tentative parcel maps and mergers;

2. Approval authority for tentative parcel maps involving the subdivision of one parcel into four or less parcels; and

3. Approval authority for tentative parcel maps involving consolidation of four or less parcels into one parcel.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

Except as otherwise provided, the Planning Commission shall be responsible for recommending approval or denial to the City Council for tentative subdivision maps.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)