Cupertino Municipal Code Ch. 18.12 Maps Required

The necessity for tentative maps, final maps and parcel maps shall be governed by the Map Act and the provisions of this chapter. Maps are not required for the following:

A. Short-term leases (terminable by either party on not more than thirty days' notice in writing) of a portion of the operating right-of-way of a railroad corporation defined by Public Utilities Code Section 230, unless a showing is made in individual cases, under substantial evidence, that public policy necessitates the application of such regulations to such short-term leases in such individual cases;

B. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;

C. Mineral, oil or gas leases;

D. Land dedicated for cemetery purposes under the Health and Safety Code;

E. Lot line adjustments between four or fewer existing adjacent parcels where land taken from one parcel is added to the adjoining parcel, and where a greater or lesser number of parcels than originally existed is not thereby created, and provided that the lot line adjustment is reviewed and approved by the City Engineer, subject to appeal to the City Council, within fourteen days of decision. The review is limited to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the City's zoning and building ordinances and any conditions imposed thereby shall be limited to those which are required for conformance to the City's zoning and building ordinances, or to facilitate the relocation of existing utilities, infrastructure or easements and the lot line adjustment shall be recorded in a deed;

F. Boundary line or exchange agreement to which the State Lands Commission or other agency holding a trust grant of tide and submerged lands is a party;

G. Any separate assessment under 2188.7 of the Revenue and Tax Code;

H. Unless a parcel or final map was previously approved by the City or its predecessor jurisdiction, the conversion of a community apartment project, or a stock cooperative to a condominium as specified in Government Code Section 66412(g) and (h);

I. The leasing of, or the granting of an easement to, a parcel of land, or any portion thereof, in conjunction with the financing, erection, and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to other discretionary approval by the City;

J. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the advisory agency or legislative body;

K. Leases of agricultural land for agricultural purposes. As used in this subdivision, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock;

L. The leasing of, or granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a solar electrical generation device on the land, if the project is subject to review under City ordinances regulating design and improvement or, if the project is subject to review under other local agency ordinances regulating design and improvement or, if the project is subject to other discretionary action by the City;

M. The leasing of, or granting of an easement to, a parcel of land or any portion or portions of land in conjunction with a biogas project that uses, as part of its operation, agricultural waste or byproducts from the land where the project is located and reduces overall emission of greenhouse gases from agricultural operations on the land if the project is subject to review under other local agency ordinances regulating design and improvement or if the project is subject to discretionary action by the City.

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

A. A tentative map and final map shall be required for all subdivisions of land creating five or more parcels, five or more condominiums as defined in Civil Code Section 783 and 1351, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

1. 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 improvements are required by the legislative body; or

2. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway; or

3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or

4. Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section; or

5. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Government Code Section 66418.2.

B. A parcel map shall be required for subdivisions described in subsections A(1) – (4).

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

A. A parcel map shall be required for all subdivisions of land creating four or less parcels. A parcel map shall not be required for land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map.

B. The City Engineer may waive the parcel map upon making a finding that the proposed division of land complies with City requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of any City ordinance and the Map Act.

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

All persons submitting maps as required by this title shall pay all fees and/or deposits as provided by the City's resolution establishing fees and charges, or as provided by this title.

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