Cupertino Municipal Code Art. II Parcel Maps

The form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of this article and the Map Act.

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

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land 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 parcel map shall not exceed one part in ten thousand for field closures and one part in twenty thousand for calculated closures.

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

A. The form and contents of the parcel map shall conform to final map form and content requirements as specified by Article II of Chapter 18.16 of this title and as modified herein.

B. Certificates shall be in accordance with Section 66449 of the Government Code with the addition of the trustee's certificate according to Section 18.16.150(C).

C. Lots shall be designated by letters commencing with A.

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

A. The subdivider shall submit three sets of prints of the parcel map to the City Engineer for checking. The preliminary prints shall be accompanied by two copies of the data, plans, reports and documents as required for final maps by Section 18.16.160, and as modified herein.

B. 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 Article II of Chapter 18.16.

C. Any additional information or documents required shall be as specified with the conditions of approval of the tentative map.

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

The City Engineer shall review the parcel map and the subdivider's engineer shall make corrections and/or additions until the map is acceptable to the City Engineer.

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

Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised map, prepared in accordance with the Map Act and this title and corrected to its final form, and signed by all parties required by the Map Act and this title to execute the certificates on the map, to the City Engineer.

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

The City Clerk shall transmit the approved parcel map directly to the County Recorder.

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

A. The City Engineer, upon concurrence of the Director of Community Development, may waive the parcel map requirement for division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees.

B. Upon waiving the parcel map requirement, a plat map, in a form as required by the City Engineer shall be required for lot line adjustments, mergers, certificates of compliance and parcel map waivers.

C. Upon waiving the parcel map requirement, the City Engineer shall also cause to be filed with the County Recorder a Certificate of Compliance for the land to be divided.

D. A parcel map waived by the City Engineer may be conditioned to provide for payment of parkland, drainage, and other fees as required by City ordinances or resolutions.

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

A. The Director of Community Development shall ministerially approve a parcel map application for an urban lot split if it meets the requirements of Government Code Section 66411.7 and conforms to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410). No public hearing shall be required. Notice shall be provided to adjacent property owners (including those across any public or private street) fourteen days prior to any action on the proposed project. The decision of the Director of Community Development shall be final.

B. The Director of Community Development shall require an urban lot split pursuant to this section to comply with objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcels created pursuant to this Section, to the extent that such standards do not conflict with Government Code Section 66411.7, including but not limited to the objective subdivision standards in Paragraph G.

C. Notwithstanding Paragraph A, the Director of Community Development may deny an urban lot split proposed pursuant to this Section, if the Building Official makes a written finding, based upon a preponderance of the evidence, that any housing development project proposed in connection with the lot split would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D. In addition to any other conditions established in accordance with this Section, the Director of Community Development may require any of the following conditions when considering an application for a parcel map for an urban lot split pursuant to this Section:

1. Easements required for the provision of public services and facilities.

2. A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.

E. Any lot created pursuant to this Section shall be limited to residential uses.

F. An applicant for an urban lot split shall provide proof, to the satisfaction of the Director of Community Development, that the property has not been occupied by a tenant in the three years preceding the submission of an application.

G. An applicant for an urban lot split pursuant to this Section shall sign an affidavit stating that the applicant intends to occupy a housing unit on one of the lots created as their principal residence for a minimum of three years from the date of the approval of the urban lot split; provided, however, that this Paragraph shall not apply to an applicant that is a community land trust, as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or is a qualified nonprofit corporation, as described in Revenue and Taxation Code Section 214.15.

H. Objective Subdivision Standards for Ministerially Approved Lot Splits. In addition to any applicable objective subdivision standards in this Title or the Subdivision Map Act and the requirements of Government Code Section 66411.7, a lot split approved pursuant to this Section must, to the maximum extent permissible under Government Code Section 66411.7, comply with the objective standards including but not limited to objective standards for urban lot splits set forth in Sections 18.20.180, 19.28.060, and 19.40.050.

I. This Section shall remain in effect until such time as Government Code Section 66411.7 is repealed or superseded or its requirements for ministerial approval of lot splits are materially amended, whether by legislation or initiative, or are held to be unenforceable by a court of competent jurisdiction, at which time this Section shall become null and void.

(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.1, 2022; Ord. 21-2235, § 3.1, 2021; Ord. 25-2277, Exh. A (part), 2025)

A. Lot Configuration

(Ord. 25-2277, Exh. A (part), 2025)