Ordinance 1479orWRIIRSAS�fthetoublic'.hiklth:,+and%4eil"b6'ihg in being
greatlyC,impactedobyi,the"lack :of neighbdieh6ba mind
community pavke� and n recreation 7- f AcilitiegVV!And
-.V9EREASj the pdblichealth rand -'well -'being is being
greatly ;:impacted �byi;the'developp-ro df; jingle lots not
paying r'thei rof air;, sharo r towards the eatimblighment,
maintenancew,,,,and-rehabilitation of:nefghboitjoo and
community:,parkz.,and fecreation-faciliti6s),"And
,jarndw---an urgent' need Ttdrtitigate
WHEREAS v ::there ne
those impacts -,upon the ,publkc,health,'And well-being by
requiring t,.the,developers,,of,'B�ir4ler `lots topay their
fair sheire,,towards the-'estabrishiAent,'tdAintenance and
rehabilitation of,,neighborhood-and communityfparks and
recreatiorr �facil'iti0s;
NOWO,THMEFORE, HE IT ORDAINED BY THE CITY OF
CUPERTINO:
SECTION I
..Section,14.04.040 of the city's Ordinance Code is
hereby;amended-to read as follows:
A411k
A
AN URGENCY ORDINANCE OF THE CITY OF
CVpZRTIN*-., MENDING SZCT1ON'A41V4TW40:7AN1y?
ADDING CHAPTER 14.05 TO THE CUPERTINO
MUNICIPAL COOS WHICH ESTABLISH29 )V:?'P-kRX'
AND RECREATION FACILITIES ACQUISITION AND
MIXTRNANC&j 729 VOR') ALL NEW7.1 SINGLE!" LOT
DEVELOPMENTS WITHIN ALL ZONES PERMITTING
10 "1'1�il_l 9prj A
orWRIIRSAS�fthetoublic'.hiklth:,+and%4eil"b6'ihg in being
greatlyC,impactedobyi,the"lack :of neighbdieh6ba mind
community pavke� and n recreation 7- f AcilitiegVV!And
-.V9EREASj the pdblichealth rand -'well -'being is being
greatly ;:impacted �byi;the'developp-ro df; jingle lots not
paying r'thei rof air;, sharo r towards the eatimblighment,
maintenancew,,,,and-rehabilitation of:nefghboitjoo and
community:,parkz.,and fecreation-faciliti6s),"And
,jarndw---an urgent' need Ttdrtitigate
WHEREAS v ::there ne
those impacts -,upon the ,publkc,health,'And well-being by
requiring t,.the,developers,,of,'B�ir4ler `lots topay their
fair sheire,,towards the-'estabrishiAent,'tdAintenance and
rehabilitation of,,neighborhood-and communityfparks and
recreatiorr �facil'iti0s;
NOWO,THMEFORE, HE IT ORDAINED BY THE CITY OF
CUPERTINO:
SECTION I
..Section,14.04.040 of the city's Ordinance Code is
hereby;amended-to read as follows:
a
14.04.040 Requirements—Generals
Any persone.-mho. proposes,-t4r),drectr con-
struct, add to, alter or repair any building
-10 71111) Ill ;i
0,;V
'A
reVi,ired byqjh,*,rtCjty owor Upon anyllaw",
O�IA
adjaq�pn: jtanj.= improved a t r e a V# t -.,or v why"
seeks a use permit or architsctur&2An&:Ysite
approval qf row the:: city., for .; land , adjAcent--l'to
,.,an ail 4pproved street- , mu at r4mpe Ove i,ov;agr
to,jmprove;by-installation :aqreemdntsaid :j ,1,;.c,,;
-
street cast. ,.herein �required,by the infitS116,
.of --such of,,the.:following,;impro-yoments
of ,_,,t4is:.chapter ,:ideeme rnecessary v under,,
ground it ton,, curbs ?and guttersp, drive-
ways, j-.xj4oW*jk r Atreet f.pavi ng, and , 6voi r1ay,
:. ,streeet lighta,.-.-storm 'sewers,,san.itary:
street It roes i .street . a igns water
ire -hydrantc, and, retaining 'walls,
and,,, Who re- necessary,.:tine dedicat icne :and!
improvements of service roads, faailities;
-
for off-street,parking, alleys, easementw
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
2
dr(o t r
14.05 of the Cit
in*
acftmdmwft dall be a
any -zwplzw
W-)l8'O-M7 *7
bAlding permit,, ume, lArait, or architocbW4
Pf
ChM*Aw-,U. Ofj in,bariaby addod, toths, CXVMZtjrjo jjvjjcjVa
nada: to 2wd
as follow:
CWTER , 14. 05,
rjotmwzqMent" =wo thq arecticgl, .,Or =Atnxt�lxm of
atT bOl� Or xtzl�� withln all zOrA6 PO=lttlPl M8bUr&W, usaa.for
utich a buil4ing pe=dt,; U" PorMit" ()r arCbiteC�tUralr:ft-d lil ajV=M1 JS
its
re7lind by the City, but TA� drmlcPw7f-' is not a gaduvisicn as
defined by tbo &"liviBicn V -V Act of. the MaU of CalifornJA
77 r*77a MIR
a n `
d t t 4
et
C. "park and Recreation Facilities" means any
neighborhood or community facilities as defined within
the Snvironmental Resources Element of the ;City sof+ (^` . �' {
f ' aD►cekthee�e�ta (herein-
),:,Co �"Citid) c 'd+6%bti spla i R n d
��i�+��'�`1�4y"h"'h'tii�1lf�-�t�t� '°�`��+����n��n��►x _�Jsliurc
e
s
�r<»a11t� , r c • f
element
of therfWfi"s_'�t�
9 4.05.020 AVOlicat�_ ian of _Chaff;
Nothing contained in this chapter shall be con
'
stru�ed to apply to the sca
baivi'sion of land as defined by
the Subdivision Map Act of the State of California; nor
in this chapter be construed to
shall anything contained
T the ra_. ztddit� oh(`:.tQ, 'er tepai'ring of
;i�f_`appay=-tCt r°t�miodelih�/ "urrY .: , .
any building or structure subject to the provision'of
this C;iapter; nor shall anything contained in this
°➢ s
chapter be construed to limit't'he City power to
,, rT, , ',
require fees or lan&.r S A'iodt'ibn `f 'park or recreation
purposes as a condition of approval of a tentative map
or, parcel map pursuant to the Subdiviaic�n' Map A� of'the
State of California or the City's Subdivision Ordinance,
14.05.030 Gen'urpo:ae and _Intent:
�,...
e purpose of tilii' iee is to f ir.ance the
establis ent', rehabilitation; and maintenance of neigh
borhaod`and commu` anreoreat
aria' fa r�.ities in
nity parks'
orde'r to 'reduce the impacts "of •,declining .open space with-
in the City created by new single='lot residential level-
opment within the City.
4
f r vfk.
r
i
u�44
s y'
j tion' and tod-p s#,
e r ae� e�o;4,A. )r tOvALT p�?e tn:4x•�, jMuJ-
�i;�i;on
and ia�ainte c once of Rar%* d ea
ne,t.c to a,� n.�>
r t`, desaribad` ar. mo t3fieriz ►,tt
nom$ anthe .neral Plan -jbq sr��a
C. The, Cit ur
Ceunc�.tr f.nd�r h t el'-
opment in -- the "Citie .'fir,area .�wt11,9A.!�!Alr►tl� 3
`additional demand for,,*,} d�,pse4.af ,par ca "411 r r.ea4tton�
facilitiee withifi.Cudpezt�$dQ1ibri;^ #. xr.=.,;r�;r; zrf
D. There is a need ip -the City to eetabl,iph; coq
i, rK!:aJ4� JC, ,` e... ..
additional �parks, and Tecarpatif tgi sties,
rehabilitate ' and maintaip exivting par ks,,,andA recreation
n S. c .? $ :.r;; a 00 l js.: _s m .s 3 a.a
facilities, but the developers of single -lot ,,:j -Yr?big
developments within�th3 City have,anot.xaontxibuted their
�fair� shaarto+ardstheptkeand secntiq�icasts acid
said N00 t'a are called dor ' in o � e conei.stc� tzw th *he
.;
City's Environmental Resources Slementjof the,Genej;el
Plan.
�
B. The facts and evidence:presen►ted
6., £establi a
9.1 ,A -i ., F.. .
that there is a reasonable ,relationah.p.betwee_p-jt#e,.;need
for the described pazks and -recreation-,,fscilit¢;esr.,Agd ..
the impacts of single lot,, •develppment denscribedr herein,
for which the corres ndin fee;is,char ed, and there is
,.. .
also a reasonable relationshlp ,between,;the. fee,,s_.use.;and
�f '-3 y�'.t13i:;r tis'✓;..1 i11:t, .,.. ,,:.. ..•.,.. .. _...
the type of development, .for, which; th+e,,iee,.is.Fcharged,.;As
._ -
these reasonable relationships or nexes are.described in
VSUM-
nl
•
£Y
more detail £n the StAff Deport doted December 12, 1988
�E
and presented to the City Council. by the Direct or of
Fldp>Z£C parka. The City Council further. findst.i-!a
unless measures are taken to provide for ,%,!I citizenr, of
the City to pay their fair share of the creation,
maintenance, and rehabilitation of parka and recreation
Fv(
facilities, the citizens of the City will suffer from
i.
r
detrimental effects upon the public convenience and
welfare of the community. Therefore, the provisions of
this chapter are isztend�ed to define the requirements,
rel
policies and procedures for the collection of fees in
with the establishment, maintenance, and
kf
connection
rehabilitation of parks and recreation facilities in
order to:
'!
(1) Protect the vested inte.rest� of the public:
in the promotion of establishing, uai.nta•ining, and rebs-
f,
bi3.£wating both neighborhood and community parks and
recreation fecilitie s;:
(2) Spread they costs Of estab?ishing, main-
�F
twining, and rehabilitating neighborhood parks and recre-
ation facilities upon th.e owners Within the Cespect;.ive
neighborhood park service area as defined in the Environ
mental ResouIces glement of the -General Plan.
t
(3) Promote the establi.nkiment, maintenance,
ane Lehabilita.tion of nei,hbor'hood :arid community parx,,i
and recreation facilities in "--he most economically fess •
N�
6
a 31
ible manner to both tho City and the citizens of the
City; and,
(4) Protect the public safet)f, living
standards, arid common welfare of the general public.
14.05.040 Rr.quirements - General...
Any person who proposes to erect,, or construct
any building or structure for which a buildir,'9 parmit is
required by the City, or who seeks a use permit or
.zArchitectural and site approval from the City must Pay a
as determined under the provisions of this chapter,
for the establishment, maintenance, wind rehabilitation
of parks and recreation facilities within the City.
saitj fee shall be a condition precedent to the issuance
of any required building perm"A"t, use permit, or archi-
tectural approval. .
14.05.050 Credit.
P,4iy person, or his successor in interest, who has
paid foes of the type required by this chapter or r
Article 6, Title 18 of ,-.he Municipal Code prior to the
�ffective date of this ordinance, shall receive credit
therefore as provided in thin chapter. No person shall
receive a credit in excess oLc the amount of the fee re-
quircd by this ciiapter.
1 4.05-060 standards for Amount of Fee.
A. General Standard. The public interest, con-
e and safety require that three
Nrenience, health, welf,
acres of property for each one t1jousand persons be de-
vote,d for neighborhood and community gark and recre&-
tional purposes. All persons subject to this chapter
shall pay a fee in an amount equal to that as provided
in the following formula:
Average number 0 * X value Per
X ,,,�rso,q per res i- acre
a Standard 11
ta-j-To�n- dential dwelling
FE unit 11
L— (value per acre) For single-familyThus, fee X3.5) 3development.
. TUO
14.050.070 RU.les and .R�eulations-
The Director of public Works shall have the power
a
to establish reasonable rules ,inti regulations consistent
with the provisions of this chapter for its admini-
Sp-id rules and regulations
stration and enforcement, hereof by the City
shall be effective upon approval
council.
onn--
14.Q5,080 -Lx Eet�— or an exceptionp the Depart -
A. _Upon application N f
. public works rjay recoaunend that the City councilment of exception to I any of the require-
autilioriz,s a conditional
uiente and reg I ulations set forth in this chapter; provid
ed that the following facts are found1. :
That there are Special. circumstances and
and
ng the subject property;
conditiOYI, affecti
2. That the exception will not be detrimental
to the public welfare.
M
"'I rl�wmowpffi
M
14.05.2.90 i>22S_a1s-
A. Any person aggrieved by an decision of any
. officer, department or commission of tile City under the
provisions of this chapter may appeal said decision to
the City Council by filing written noti,^e 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 . f I ilinU for . a use permit is made, no appeal will
be accepted or necessary, since the city Council will
hear the matter in due course.
B. Said notice of appeal must state:
1. The asserted error;
2. The grounds upon which said appeal is
taken; 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 da"_- Of the filing
of the notice.
D. Notice Of the time and place of the hearing
shall be given by mail, postage prepaid, and dispatched
not less than ten days prior to the hearing to the appli-
cant at his address as shown upon notice of appeal.
Es
M
H. 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 I the provisions of this chapter. The finding,
and decisions of the City . Council shall be entered upon
the minutes of the city Council, and the deciaion shall
be . final and shall take effect as directed by the City
Council.
14.o5.loo 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 Hairtenance 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 deem3 that there
is sufficient land available within a given
neighborhood, then secondly said moneys sliall be used
for improving, maintaining and rehabilitating such land
for park and 'recreational burposes. -
1X4.05. 110
14.05-110 Fee Review.. on or about the beginning
of I each fiscal, year, the Public W�)rks Department shall
10
review the estimated cost of existing and needed parks -
and recreation facilities, the continued need for the
establishment and maintenance of such facilities, and
the reamonable relationship between such need and the
impact3 upon the various types of development pending or
anticipated and for which this iee is charged. The Pub-
1�c Works Director sh4ll report his findings to the City
A.
Council at a noticed public hearing.
14.05.120 Chapter Conformance Peguired.
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 licerae for
'
use or building, or for PL-POSeSi,-S conflict with the
provisions of this c-1-idliter. Any such permit, certifi-
cate or license issues in conflict with the provisions
of this chapter shall be null and void.
14.05,125
Provisiam of thin is shah nat apply to building
pe.ts imamdterplir-atJ-jm-z Jach waj:ew fJ-led prior to Jaramzy
17, 3-989.
14.05. 130 Severability.
If any section, subsection, isu.bdivibion, sentence,
clause or phrase of this chapter is fcr any reason held
to be unconstitutional or otherwise void or invalid by
any court of competent jurisdiction, the validity of the
remaining porti.on5 of this chaoter shall not be affected
thereby.
i1
-- - % � . ::�. IA
0 0 1
14.05.140 Enforcement.
The City Clerk is hereby authorized and instructed
to Me a certified copy of this ordinance upon its be-
coming effective with the Sheriff's Office of the County
of Santa Clara, state of California.
SECTION III
This ordinance is an urgency measure necessary for
the imanediate preservation of the pu.Alc hea."O..h, 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-
ment, maintenaice, and rehabilitation of neighborhnod
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 parks and
recreation facilities thus will be inimical to the
public health, and well-being.
2. Continued substantial development of single
reaidentixl ..ots without the developers thereof paying
their prop..-.onate fair share towards the establish-
ment, maintenance and rehabilitation of neighborhood and
community parks and recre&_ion facilities will undexmine
and sev,erely frustrate the legislative intent of the
12
Cit}' Council and will be in conflict with the City's
adopted General Plan. The lack of funds for the
establishment, maintenance and rehabilit&tion of
neighborhood and community parks 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 __U,_ day of
Janu,qrx,_LqS_q__ by the following vote:
Vote: Members of the Ci,tXCouncil%
Ayes: Gatto, Johnson, Koppel, Rogers, Plungy
Noes: None
Absent:
Abstain: None
A'PrEST: APPROVED:
r
VXNE
ci-ty-c-1 - or/, ty C , iuipt n1_1_
13