CC Ordinance No. 16-2141 Amending Section 14.04.100 and 18.56.040 to Provide for Limited Waiver of Reimbursement Requirements When a Property Owner Dedicates Right-Of-Way for City Street Improvement or Facility ProjectORDINANCE NO. 16-2141
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTIONS 14.04.100 AND 18.56.040 OF THE CUPERTINO MUNICIPAL
CODE TO PROVIDE FOR A LIMITED WAIVER OF REIMBURSEMENT
REQUIREMENTS WHEN A PROPERTY OWNER DEDICATES RIGHT-OF-WAY FOR
A CITY STREET IMPROVEMENT OR FACILITY PROJECT
WHEREAS, Section 14.04.110 of the City of Cupertino Municipal Code provides
that if the City or another property owner installs street improvements that benefit a
property, the owner of the benefitted property is required to reimburse the City or the
property owner for its reasonable share of the costs of such improvements when the
benefitted property owner seeks a land use permit from City; and
WHEREAS, Section 18.56.040 of the City of Cupertino Municipal Code imposes a
similar reimbursement requirement for street facilities in connection with subdivision
maps; and
WHEREAS, City would like to improve the walkability of routes to schools,
particularly those areas lacking curb, gutter and sidewalk; and
WHEREAS, in order to incentivize the dedication of land necessary to improve
such routes, prior to an owner's application for a land use permit or subdivision map,
the City desires to provide a limited waiver of future reimbursement charges in
exchange for an owner's dedication of land to City, at no cost, in connection with the
City's commencement of a street improvement project; and
WHEREAS, The City Council is the decision making body for this Ordinance
and, before taking action on this Ordinance, hereby finds that the amendments are
exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3): General Rule Exemption, since it can be seen with certainty that there is no
possibility that the activity would have a significant effect on the environment. The
amendments, which allow the dedication of right-of-way by property owners in certain
circumstances in consideration of a limited waiver of future reimbursement charges,
address only the procedures by which the dedication and waiver would be allowed.
Any proposed street improvement or facilities project would be subject to subsequent
project-specific CEQA review; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 14.04.110 of Chapter 14.04 of Title 14 of the Cupertino
Ordinance No. 16-2141
Page2
Municipal Code, Improvements Installed Prior to Permit-Imposition of Street
Improvement Reimbursement Charges, Cost of Land and Interest, is hereby amended
by adding subsection (D) to read as follows:
14.04.110 Improvements Installed Prior to Permit-Imposition of Street
Improvement Reimbursement Charges, Cost of Land and Interest.
A. In some instances, the public welfare, safety and economy can be best served by
the installation of improvements on unimproved streets prior to the time that an
adjoining property owner seeks a permit. Since such adjoining property benefits from
the street improvements, the owners of such property are required to contribute their
share of the cost of those street improvements Qust as permittees who seek a permit
prior to the installation of improvements are required to do) when they seek a building
permit unless it is exempt pursuant to Section 14.04.230(D) of this chapter, a planned
development permit, use permit, or a site and architectural approval.
B. Where street improvements have been installed by .the City, or by another
property owner, without cost to the adjoining property owner, the adjoining property
owner, as a condition precedent to obtaining a permit or any entitlement to use for
his/her property, shall pay the City for the cost of the land at the cost to the City, or
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the improvements which the City, or another property owner, installed on the streets
abutting or included in the benefitted property, in an amount equal to the total
improvement costs for each particular benefitted property as set forth in the
reimbursement agreement. Payments for both land and improvements shall include
simple interest in the amount of seven percent per year, to be calculated in the
following manner:
1. Land Cost. Interest to accrue from the date the street improvements are accepted
by the City to the date the street improvement reimbursement charge is paid, or if the
land is purchased by the City for a City project, from the date of purchase to the date
the charge is paid;
2. Improvement Cost. Interest to accrue from the date the street improvements are
accepted by the City to the date the street improvement reimbursement charge is paid,
or if installed by the City, from the date installation commenced to the date the charge is
paid.
C. Provided, however, that the interest shall be waived if the adjoining property
owner dedicates or has dedicated to the City land necessary for the street
improvements, or where no such dedication is necessary.
Ordinance No. 16-2141
Page3
D. Notwithstanding any other provision of this Code, if, upon request by the City in
connection with the City's commencement of a street improvement project, a property
owner dedicates to the City land necessary for such street improvement project at no
cost to City, the City's Director of Public Works, on behalf of the City, may provide a
limited waiver of future reimbursement charges for the cost of the street improvements.
The waiver shall be signed by the City Manager or his or her designee and shall be in a
form as approved by the City Attorney.
SECTION 2. Section 18.56.040 of Chapter 18.56 of Title 18 of the
Cupertino Municipal Code, Imposition of Street Facility Reimbursement Charges, Cost
of Land and Interest upon Benefitted Properties, is hereby amended by adding
subsection (C) to read as follows:
18.56.040 Imposition of Street Facility Reimbursement Charges, Cost of Land
and Interest upon Benefitted Properties
A. Where street facilities have been installed by the City or the initial developer
without cost to the benefitted property owner, the benefitted property owner, as a
condition precedent to obtaining a final map, a final parcel map or a conditional
certificate of compliance, shall pay the City for the cost of the land at the cost to the City
or to the initial developer, and shall pay a street facility reimbursement charge for the
facilities which the City or the initial developer installed on the streets abutting or on
the benefitted property in an amount equal to such benefitted property owner's share of
the total cost of the street facilities as set forth in the reimbursement agreement.
Payment for both land and facilities shall include simple interest in the amount of
seven percent per year, to be calculated in the following manner:
1. Land Cost. Interest to accrue from the date the street facilities are accepted by the
City to the date the street facility reimbursement charge is paid, or if the land is
purchased by the City for a City project, from the date of purchase to the date the
charge is paid.
2. Street Facility Cost. Interest to accrue from the date the street facilities are
accepted by the City to the date the street facility reimbursement charge is paid, or if
installed by the City, from the date installation commenced to the date the charge is
paid.
B. Provided, however, that the interest shall be waived if the benefitted property
owner dedicates or has dedicated to the City land necessary for the street facilities, or
where no such dedication is necessary.
C. Notwithstanding any other provision of this Code, if, upon request by the City in
Ordinance No. 16-2141
Page4
connection with the City's commencement of a street improvement project, a property
owner dedicates to the City land necessary for such street improvement project at no
cost to City, the City's Director of Public Works, on behalf of the City, may provide a
limited waiver of future reimbursement charges for the cost of the street improvements.
The waiver shall be signed by the City Manager or his or her designee and shall be in a
form as approved by the City Attorney.
SECTION 3. The City Clerk shall certify the adoption of this Ordinance and
shall give notice of its adoption as required by law. Pursuant to Government Code
Section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
SECTION 4. This Ordinance shall be effective thirty (30) days following its
adoption.
INTRODUCED at a meeting of the Cupertino City Council the 19th day of January,
2016, and ENACTED at a regular meeting of the Cupertino City Council on this 2nd
day of February, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED:
~~AAlt Grace Schmidt, City Clerk Barry C
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 16-2141, which was
enacted on February 2, 2016, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 3rd day of February, 2016.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California