Ordinance 1479
ORDINANCE NO. 1419
AN URGENCY ORDINANCE OF THE CITY OF
,~CUPSRTINO AMENDING SECTION 14.04:040`AND
ADDING CHAPTER 14.05 TO TH8 CUPERTINO
MUNICIPAL CODS WHICB ESTABLISHES A PARK
AND RECREATION FACILITIES ACQUISITION AND
MAINTENANCE FEE FOR ALL NEW SINGLE LOT
DEVELOPMENTS WITHIN ALL 20NES PERMITTING
>RESIDSNTIAL USES.
WHEREAS, the public health and well-being is being
greatly. impacted by the lack of neighborhood and
community parka and recreation facilities; and
WHEREAS, the public health and well-being is being
greatly. impacted by the developers of single lots not
paying their fair share towards the establishment, .
maintenance, and rehabilitation of neighborhood and
community .parks and recreation facilities; and
WHEREAS, there is now an urgent need to mitigate
those impacts upon the public health and well-being by
requiring the developers of single lots to-pay their
fair share towards the establishment, maintenance and
rehabilitation of neighborhood and community parks and
recreation facilities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF
CUPERTINOs
SECTION I -
3ection 14.04.040 of the City's Ordinance Code is
hereby amended to read as followsz
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14.04.040 Requirements--General:
Any person who proposes to erect, con-
struct, add to, alter or repair any building
or,~atructure,for which a building permit is
requi;ed by the-City on or upon any land
adjacent to an unimproved street, or who
seeks a use permit or architectural and site
approval from the City for land adjacent to
an unimproved street moat improve, or agree
to ,improve by installation agreement, said
street as herein required by the inatalla-
tioa of such of the following improvements -~;
_as the City Engineer, under the provisions .
of this chapter, deems necessary: under-
ground utilities, curbs and gutters, drive-
-ways, sidewalk, street paving and overlay,
street lights, storm sewers, sanitary
aewerav street trees, street signs, water
_ lines, fire hydrants, and retaining walls,
and, where necessary, the dedications and - -
improvements of service roads, facilities.
for off-street parking, alleys, easements
for public utilities, drainage, sewers, walk-~
ways, watercourses, planting strips and non-
. access facilities, and the payment of park
and recreation facilities acquisition and
maintenance fees in accordance with Chapter
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14.05 0! the City's Cm~liTltuyos Gods. Said iap~+oyamenta or, installation
agt~tta shall, ba a panditian p~c~eaedent to the iawarns cl any s~equized
luildixlq pazmit, tree ps~mit, ar asrttit~scttual appznval.
Sl9C'I'!CN II . ,
Q~apter 14.05 is hereby added to the CZ~e2tino !l~icipel Cpds:toired
as follows;
QTR 14.05. ~.:
.PARK lOl~il'FZAtiCE Fg8 -<~
r "sly.
14.05.010• Definitions
A. "Siigle Iot Development" means the erectim, ar oo[fstivCtia[i of
any building C~' stiliCtsa+e within all zones pesmittiTfg residential uaee tar
which a building pmmit, use pezmit, ar architectzu-al and site appxvval is
required by the City, but which dSVelopment is not a Subdivision as
defined by the subdivision Map Act of the State of c;alitarnia
B. "EYectiai, ar oonstn~ctim" as used within this d~apter is
established where a new resi ~~i building ar e'tzzscttlre is guilt upon a
paroal of land, within all zones permittirq residential uses.
C. "Park and Recreation Facilities" means any
neighborhood or community facilities as defined within
the Environmental Resources Element of the City of
-Cupertino General Plan and amendments thereto therein-
'after=referred to as the "Environmental Resources
Element of the General Plan").
14.05.020 Application of Chapters
Nothing contained in this chapter shall be con-
strued to apply to the subdivision of land as defined by
the Subdivision Map Act of the State of California; nor
shall anything contained in this chapter be construed to
apply to the remodeling, addition to, or repairing of
any building or structure subject to the provision of
this Chapter; nor shall anything contained in this
chapter be construed to limit the City's power to
require fees or land dedication for park or recreation
purposes as a condition of approval of a tentative map
or parcel map pursuant to the Subdivision Map Act of the
State of California or the City's Subdivision Ordinance.
14.05.030 General Purpose and Intents
A. The purpose of this fee is to finance the
establishment, rehabilitation, and maintenance of neigh-
borhood and community parks and recreation facilities in
order to reduce the impacts of declining open space with-
in the City created by new single-lot residential Bevel-
opment within the City.
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B. The Park and Recreation Facilities Acquisi-
tion and Maintenance Fees collected pursuant to this
Chapter shall be used solely to finance the acquisition
and maintenance of parks and recreation facilities as
described or identified in the Environmental Resources
Element of the General Plan.
C. The City Council further finds that new devel-
opment in the City's residential ar gas will generate..
additional demand for. and use of parka. and recreation
facilities within Cupertino.
D. There is a need in the City to establish
additional parks and recreation facilities, and to
rehabilitate and maintain existing parka and recreation
facilities, but the developers of single-lot
developments within the City have not contributed their
fair share towards these parka and recreation costa aad
said costa are called for in or are consistent with the
City's Environmental Resources Element of the General
Plan.
E. The facts and evidence presented establish
that there is a reasonable relationship between the need
for the described parks and recreation facilities and
the impacts of single-lot development described herein,
for which the corresponding fee is charged, and there is
also a reasonable relationship b.~tween the fee's use and
the type of development for which.. the fee is charged, ns
these reasonable relationships or Hexes are .described in
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more detail in the Staff Report dated December 12, 1988
and presented to the City Council by the Director of
Public Works. The City Council further finds that
unless measures are taken to provide for all citizens of
the City to pay their-fair share of the creation,
maintenance, and rehabilitation of parks and recreation
facilities, the citizens of the City will suffer from
detrimentnl effects upon the public convenience and
welfare of the community. Therefore, the provisions of
this chapter are intended to define the requirements,
policies and procedures foc the collection of fees in
connection with the establishment, maintenance, and
rehabilitation of parka and recreation facilities in
order to:
(1) Protect the vested interest of the public
in the promotion of establishing, maintaining, and reha-
-bilitating both neighborhood and community parka and
recreation facilities=
(2) Spread the coats of establishing, main-
taininq, and rehabilitating neighborhood parks and recre-
ation facilities upon the owners within the respective
neighborhood park service area as defined in the Environ-
mental Resources Element of the General Plan.
(3) Promote the establishment, maintenance,
and rehabilitation of neighborhood and community parka
and recreation facilities in the most economically feas-
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ible manner to both the City and the citizens of the
Citys and
(4) Protect the public safety, living
standards, and common welfare of the general public.
14.05.040 Re9uirements - General.
,_,Any person who proposes to erect, or construct
any building or structure for which a building permit is
required by the City, or who seeks a use permit or-
srchitectural and site approval from the City must pay a
fee, as determined under the provisions of this chapter,
for the establishment, maintenance, and rehabilitation
of parks and recreation facilities within the City.
Said fee shall be a condition precedent to the issuance .
of any required building permit, use permit, oc archi-
tectural approval.
14.05.050 Credit.
Any person, or his successor in interest, who"has
paid fees of the type required by this chapter or by
Article 6, Title i8 of the Municipal Code prior to the
effective date of this ordinance, shall receive credit
therefore as provided in this chapter. No person shall
receive a credit in excess of the amount of-the fee re-
quired by this chapter.
14.05.060 Standards for Amount of Fee.
A. General Standards The public interest,-con=
venience, health, welfare and safety require that three
acres of property for each one thousand-persons be de=
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voted for neighborhood and community park and recrea-
tional purposes. All persona subject to this chapter
shall pay a fee in an amount equal to that as provided
in the following formulas
Average number o x value per
Park Acres a Standard x persona per rear acre
~-popu at on dential duelling
unit
Thus, fee ~( 3 X 3.5)(value per acre) For single-family
~b3d development.
14.050.070 Rules and Regulations.
The Director of Public works shall have the power
o establish reasonable rules and regulations consistent
with .the provisions of this chapter for its admini-
stration and enforcement. Said rules and regulations
shall be effective upon approval thereof by the City
Council..
.14.05.080 Exceptions.
A. Upon application for an exception, the Depart-
ment of Public Works may recommend that the City Council
authorize a conditional exception to any of the require-
ments and regulations set forth in this chapter; provid-
ed that the following facts are fouads
1. That there are special circumstances and
conditions affecting the subject property; and
2. That the exception will not be detrimental
to the public welfare.
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14.05.090 Appeals.
A. Any person aggrieved by an decision of any
officer, department or commiaeion of the City under. the
provisions of this chapter may appeal said deciaion_to
the City Council by filing written notice of the appeal
with the City Clerk within thirty days after the date of
the decision, except that, when an application for excep-
tion by filing for a use permit is made, no appeal.. will
be accepted or necessary, since. the City Council will
hear the matter in due course.
H. Said notice of appeal must state:
1. The asserted error]
2. The grounds upon which said appeal. is
tokens and
3. The name and. address of the party appeal-
ing. Said notice of appeal must be signed by the party
appealing, or by his agent. Said notice of appeal shall
not be effective unless it is filed with the City Clerk
within the time required by subsection A, above.
C. A public hearing shall be held by the City,
Council within thirty days from the date of the filing
of the notice.
D. Notice of the time and place of the heating.
shall be given by mail, postage prepaid, and dispatched
not leas than ten days prior to the hearing to the appli-
cant at his address as shown upon notice of appeal.
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E. The City Council shall hear the appeal. At
the conclusion of the hearing, the Council may affirm,
'reverse, or modify the action appealed; subject, how-
ever to the provisions of this chapter. The findings
`and decisions of the City Council shall be entered upon
the minutes of the City Council, and the decision shall
be'final and shall take effect as directed by the City
Council.
14:05.100 Use of Fees.
The money collected hereunder shall be paid ~to the
treasurer of the City or his authorized agent. Said
money shall be placed in a special revenue fund which is
hereby created and which shall be known as the Park and
Recreation Facilities Acquisition and Maintenance Fund.
Moneys within this fund shall be used and expended
solely for the acquisition, improvement, maintenance,
rehabilitation, expansion or implementation of parks and
recreational facilities reasonably related to serving
residential neighborhoods by way of the purchase of
necessary land, or, if the City Council deems that there
is sufficient land available within a given
neighborhood, then secondly said moneys shall be used
for improving, maintaining and rehabilitating such land
for park and recreational purposes.
14.05.110 Fee Review. On or about the beginning
of each fiscal year, the Public Works Department shall
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review the estimated coat of existing and needed parka
_-,.and recreation facilities; the continued need for the
establishment and maintenance of such facilities, and
the reasonable relationship betweed such need and the
impacts upon the various types of development pending or
anticipated and for which this fee is charged. The Pub-
- lic Works Director shall report his findings to the City
;Council at a'noticed public hearing.
-14.05.120 Chanter Conformance Required.
-All departments, officials, and"employees of the
City vested with the duty or authority to issue permits
shall conform to the provisions of this chapter, and
shall not issue any permit, certificate or license for
use or building, or for purposes in conflict with the
provisions of this chapter. Any such permit, certifi-
cate or license issues in conflict with the provisions
of this chapter shall be null and void.
14.OS.125 ~ ~11dir+er prn~~t ~l ir~irrn
Provislan o! this ordir~nrne shall mt app1Y ~ ~~l
permits issued upon applications which ware lilad pricy to Jaraa~y~'
19, 1989.
14.05.130 8everability.
2f any section, subsection, subdivision, sentence,
clause or phrase of this chapter is for any reason held
to be unconstitutional or otherwise void or invalid by
any court of competent jurisdiction, the validity oP the
remaining portions of this chapter shall not be affected
thereby.
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14.05.140 Enforcement.
The City Clerk is hereby. authorized and instructed
t_o file a certified copy of this ordinance upon its be-
coming effective with the Sheriff's Office of the County
of Santa Clara, Stste of California.
SECTION III
This ordinance is an urgency measure necessary. for
the immediate preservation of the public health, safety
and well-being and shall become effective immediately
upon adoption. The facts constituting said urgency are:
1. Continued substantial development of single
residential lots without the developers thereof paying
their proportionate fair share towards the establish-:
went, maintenance, and rehabilitation of neighborhood.
and community parks and recreation facilities will be
substantially detrimental to the public well-being.:-.The
lack of funds for the establishment, maintenance and
rehabilitation of neighborhood and community .parka and
recreation facilities thus will be inimical to the
public health, and well-being. ,,.
2. Continued substantial development of single
residential lots without the developers thereof paying
their proportionate fair share towards the establish-
ment, maintenance and rehabilitation of neighborhood and
community parka and recreation facilities sill undermine
and severely frustrate the legislative intent of the
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,; -- , ~
City Council and will be in conflict with the City's
adopted General Plan. The lack of funds for the
establishment, maintenance and rehabilitation of
neighborhood and community parka and recreation
facilities thus will be inimical to the public health
and well-being.
SECTION IV
The provisions of this urgency ordinance shall be
effective immediately upon its passage and shall remain
effective until superseded by a revising ordinance.
PASSED FOR PUBLICATION OF TITLE this ~_ day of
JanuaryL i4a9 by the following vote:
Vote: Members of the City Council:
Ayeas Gatto. Johnson, Roppel, Rogere. Plungy
Noes: None
Absent: None
Abstains None
ATTEST: APPROVED:
r
GL~~LC~!/to
C ty a or ty o u t no~
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