Cupertino Municipal Code Art. I Tentative Parcel Map

The tentative parcel map shall be clearly and legibly drawn on one sheet in a manner acceptable to the Department of Community Development, shall be prepared by a registered civil engineer or licensed land surveyor, and shall contain such information as required by the Department of Community Development.

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

Any person making a division of land for which a parcel map is required shall, in accordance with the provisions of this chapter, file an application, together with copies of the map, plan checking deposits and review fees as may be required.

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

A. Upon receipt of a valid application by the Department of Community Development, the Director of Community Development shall set the matter for public meeting. At least ten calendar days before the public meeting, he or she shall cause notice to be given of the time, date and place of such 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.

B. The notice shall be published at least once in a newspaper of general circulation, published and circulated in the City.

C. 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, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed change.

D. In addition, in the case of a proposed conversion of residential real property to a condominium, community apartment or stock cooperative project, notice shall be given as required by Section 66427.1 of the Map Act.

E. In addition, notice shall be given by first class mail to any person who has filed a written request with the Department of Community Development. The City may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

F. Substantial compliance with these provisions therewith to notice shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter.

G. The Director of Community Development shall approve or deny the tentative parcel map within fifty days after the tentative parcel map has been accepted for filing.

H. If no action is taken by the City within the time limit as specified, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the Map Act, this title and all local ordinances, and it shall be the duty of the City Clerk to certify the approval.

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

A. In approving or conditionally approving the tentative parcel map, the Director of Community Development shall find that the proposed subdivision, together with its provisions for its design and improvements, is:

1. Consistent with applicable general or specific plans adopted by the City and

2. Designed for future passive solar in accordance with Government Code Section 66473.1.

B. The Director of Community Development may modify or delete any of the conditions of approval recommended in the Department of Community Development's report, except conditions required by City ordinance, related to public health and safety or standards required by the City Engineer, or impose additional requirements as a condition of approval.

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

A. The tentative parcel map may be denied by the Director of Community Development on any of the grounds provided by City ordinance or the Map Act.

B. The Director of Community Development shall deny approval of the tentative parcel map if it makes any of the following findings:

1. That the proposed map is not consistent with applicable general and specific plans;

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

3. That the site is not physically suitable for the type of development;

4. That the site is not physically suitable for the proposed density of development;

5. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

7. 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 Director of Community Development may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

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

A. Any interested person adversely affected by any action by the Director of Community Development with respect to the tentative map may, within fourteen days of the Director of Community Development's decision, appeal the action to the Planning Commission in accordance with Section 18.20.070.

B. If an appeal is not filed, the Director of Community Development's decision shall be final.

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

The Planning Commission shall consider the appeal within thirty days. This appeal shall be a public hearing with notice being given pursuant to Section 18.16.040, and with additional notices to be given to the subdivider and to the appellant. Upon conclusion of the public hearing, the Planning Commission shall within seven days declare its findings. The Planning Commission may sustain, modify, reject, or overrule any recommendations or rulings of the Director of Community Development and may make such findings as are not inconsistent with the provisions of this title or the Map Act. The decision of the Planning Commission is final unless appealed to the City Council. The provisions and procedures for appeals to the City Council shall be pursuant to this section.

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

A. The expiration of a tentative parcel map and any extensions granted thereon are governed by the provisions relating to the expiration and extensions of tentative subdivision maps as described in Sections 18.16.090 and 18.16.100.

B. Director of Community Development Action. Upon receipt of an application for extension of a parcel map, the Director of Community Development shall review the request and either approve or deny the application. The Director of Community Development shall endeavor to forward a report to the Planning Commission and the City Council about his or her decision. If the Director of Community Development denies a subdivider's application for extension, an appeal may be filed pursuant to Section 18.20.060.

(Ord. 2085, § 2 (part), 2011; Ord. 1433, (part), 1988; Ord. 1384, Exhibit A (part), 1986)