Loading...
Ordinance 1653ORDINANCE N0. _1.653 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TITLE 18 OF THE CUPERTINO MUNICIPAL CODE ENTITLED "SUBDIVISIONS" BY ADDING THERETO A NEW CHAPTER 14 ENTITLED "STREET FACILITY REIMBURSEMENT CHARGES" THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS: SECTION I - FINDINGS: The City Council makes the following findings provided for in Section 66001 of the Government Code in regard t:o the street facility reimbursement charges asse~;sed pursuant to the provisions of Chapter 14 of` the Cupertino Municipal Code: 1. That developers of pro~~erty located in the City are sometimes required to install off-site street facilities incident to or as a condition of the approval or issuance of a final map, parcel map or conditional certificate of compliance ~~hich, while necessary to serve development of their property, also adjoin other properties and reduce the cost of additional development occurring on those adjoinir.~g properties by eliminating the need for the installation of the street facilities when the adjoining properties are developed, and thus, directly benefits the adjoining properties. Accordingly, the City Council finds that it is equitable to assess a charg~~e on the owners of the adjoining properties incident to and as a condition of development occurring on tY:~e adjoining properties in an amount equal to each adjoining property's proportional share of the cost of installing the street facilities, and to use the revenue derived from the charges to reimburse the initial developer for the cost of installing that part of the street facilities which benefit the adjoining properties. Based on the foregoing, the City Council determines that there is a reasonable relationship between the street facilities, the costs of which will be reimbursed with the charges assessed ~~ursuant to this Chapter, and the development upon which the charges are assessed. [ORD.3/0/S] 2. That the revenues from the street facility reimbursement charges assessed under Chapter 14, and received by the City, shal:l be used to reimburse developers for the cost of that part of the street facilities installed by thE~m which benefit the adjoining properties for which the charges are assessed, in accordance with the terms ~~nd conditions of a Reimbursement Agreement bei~ween the City and the initial developer as provided in this Chapter. Based on the foregoing, the City Council. determines that there is a reasonable relationship between the use of the street facility reimbursement charges provided for by this Chapter and the development: upon which the charges are assessed. 3. That the street facility reimbursement charges assessed under Chapter 14 for the purpose of ' reimbursing developers for the costs of installing street facilities which benefit adjoining properties, shall be in an amount equal to each adjoining property's proportional share of such costs, as more particularly calculated and set forth in a reimbursement agreement between the City and the initial developer pursuant to this Chapter. Based on the foregoing, the City Council determines that there is a reasonable relationship between the amount of the street facility reimbursement charges provided for by this Chapter and the cost of the street facilities for which the charges are assessed. SECTION 2. AMENDMENTS: Title 18 of the Cupertino Municipal Code, entitled "Subdivisions" is hereby amended by adding thereto a new Chapter 14 to be entitled "Street Facility Reimbursement Charges" and to be numbered and to read as follows: Section 18-1.1401 - Pur ose. This article is enacted in order to establish a procedure for reimbursing developers of property located within the City a portion of the costs of installing :street facilities which adjoin other properties within the City, reduce the cost of any additional developme~zt occurring on the adjoining properties by eliminating the need for the installation of the street facilities at the time such development occurs, and thereby directl~~ benefit the adjoining properties. J~ Section 18-1.1402 - Definitions. In addition to the following definitions, all other definitions set forth in other provisions of this Title shall govern the construction of the words and phrases used in this Chapter: [ORD.3/0/S] 2 A. "Benefited property" mE~ans a parcel of real property, or any part they<~of, which adjoins a street facility which was installE~d by an initial developer. B. "Initial developer" me~~ns any person, including the City, who installs off-sitE~ street facilities which benefit other parcels incident to or as a condition of the approval of a final ma~~, final parcel map or conditional certificate of compliance. C. "Street facilities" me<~ns a public street installed within the City or any pare: thereof including, but not limited to, the street surf=ace, street base, street sub-base, sidewalks, curbs, gutters, storm drains street lights, street signs, land:~caping, sound walls and other facilities necessary and a~~purtenant thereto. Section 18-1.1403 - Street facility costs subject to reimbursement: The street facility costs which shall be subject to reimbursement iti the manner provided by this Chapter include all direct costs usually incurred by an initial developer who is rE~quired to install street facilities that also benefit a benefited property, subsequent to the effective' date of this ordinance, incident to or as a condition of the approval of a subdivision map, parcel ma~~ or conditional certificate of compliance. These reimbursable costs include, but are not limited to, costs incurred in designing street facilities, the cost of plain check fees and other fees incurred in securing City rind other governmental approvals of the plans and specifications for the street facilities, the cost of they land upon which the street facilities are installed, rind the cost of all labor, materials, equipment and contractors employed in installing the street facilities, except for: A. The cost of installing temporary street facilities: B. The cost of maintenancE~ work performed on existing street facilities; and C. Any portion of the cost: of installing street facilities in excess of they usual cost of installing local street facilities as determined by the City Engineer in the manner provided in this Chapter. Section 18-1.1404 - Reimbursement agreement. A. As a condition of approval of a subdivision map, parcel map or conditional certificate of compliance, the initial developer shall enter into a Reimbursement [ORD.3/0/S] Agreement with the City in order to receive reimbursement for the port:ion of street facility costs, including interest where a~~plicable, in excess of the installation costs incurred for the initial developer's property, or for the cost of the land upon which the street facilities were installed, including interest where applicable. Any reimbursement to the initial developer shall be paid oui: of the revenues received by the City from the street f~~cility reimbursement charges assessed in the manner provided by this Chapter. B. The Reimbursement AgreE~ment shall be signed by the Mayor, approved as to form by the City Attorney and shall set forth the follow:Lng information: (1) The name, capacit;~ and address of the initial developer: (2) A description of t:he street facility costs subject to reimbursement: (3) An itemized staterlent, prepared by and attested to by a licensed engineer, of the reimbursable costs to be incurred by the initial developer in installing the street facilities: (4) A legal description and assessor's parcel number for each benefited i~roperty, excepting the initial developer's property; (5) An engineered plat: depicting the street facilities and each benefited property; (6) The total street facility costs subject to reimbursement for each particular benefited property; (7) The City's obligation to reimburse the initial developer an amount from tYie street facility charge assessed upon benefited properties and received by the City, if any, at the time rind in the manner provided by this Chapter. (8) Methods of acquisition of land necessary for the installation of the street facilities, imposition of costs, recovery of interest:; and (9) Such additional information and documents as may reasonably be required by the City Engineer. Section 18-1.1405 - Imposition of street facility reimbursement charges, cost: of land and interest upon benefited properties. A. Where street facilitie:~ have been installed by the City or the initial develo~>er without cost to the benefited property owner, t:he benefited 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 facilit~~ reimbursement charge for the facilities which the City ar the initial developer installed on the streets abutting or on the benefited property in an amount equal to such benefited 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 annum, to be calculated in the following manner: 1. Land Cost. Interest to accrue from the date the street facilities are acce;~ted by the City to the date the street facility reimbursement charge is paid, or if the land is purchased by t:ze 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 'she date the charge is paid. B. Provided, however, tha1~ the interest shall be waived if the benefited property ~~wner dedicates or has dedicated to the City land necessary for the street facilities, or where no su~:h dedication is necessary. Section 18-1.1406 - Disposition of street facility reimbursement charge reven~~es. The revenues received by the City from street facility charges assessed pursuant to this Chapter shall be u:~ed solely for reimbursements to initial developers in tie manner provided by this Chapter and the Reimbursem<~nt Agreement. Provided, however, that in the event the City is unable to locate the initial developer after five (5) years of due diligent searching commenc:Lng from the date the street facility reimbursement charges are paid, or upon the discovery of facts establi:~hing that a due diligent search would be futile, thE~ revenues collected hereunder shall be paid to the treasurer of the City for deposit in the general fund. Section 18-1.1407 - Acquisition of necessary land, costs, interest. A. Where the initial deve7_oper at its own cost acquires land for the installation of the mandated street facilities, reimbursement t:o the initial developer by the City for that portion of the cost of those street facilities in excess of the' street facilities required for the initial developer': property, shall include interest in an amount equal. to the interest received by the City from the owners of: benefited properties as imposed by this Chapter in section 18-1.1406. [ORD.3/0/S] ~i B. If the initial developE~r cannot purchase or otherwise acquire land necE~ssary for the installation of the street facilities, the City shall, no later than 120 days from the filing by thE~ initial developer of a final subdivision map or final p~ircel map, or in the case of a certificate of compliance, any time prior to issuance of a certificate of occupancy,, acquire by negotiation or commence proceedings pursu~~nt to California Code of Civil Procedure Section 12:30.010 et sq. (including proceedings for immediate F~ossession under Code of Civil Procedure Section 1255.410) the necessary land. C. Where the City acquirer land necessary for the installation of the street facilities in the manner provided in subsection B of: this section, the Reimbursement Agreement shell provide that the initial developer shall reimburse t:he City for all costs, including litigation costs, incurred by the City in the acquisition of such land. The Reimbursement Agreement shall also provide that prior to commencement of arty proceedings to acquire the necessary land pursuant to the City's eminent domain powers, the initial develoX~er shall deposit with the City an amount to be determined by the Director of Public Works, which amount shall be based on a reasonable estimate of the costs of acquisition of said land. If the deposit exceeds the actual cost of acquisition, the City shall. refund the excess amount to the initial developer. If the deposit is less than the actual cost of acquisition, upon written demand by the City, the initial developer shall pay the additional sum to the City. D. Where no dedication of land is necessary for the street facilities, or where the City is able to acquire land necessary for the street facilities at no cost pursuant to negotiations with the owner or owners of benefited properties for which a street facility reimbursement charge is assessed under section 18-1.1406 of this Chapter, and as part of those negotiations the City waives the requirement. to pay interest on the street facility reimbursement charge, the initial developer shall not be entitled to interest on the reimbursement charges assessed those benefited properties. Section 18-1.1408 - Other street facility charges. The street facility reimbursement charges assessed pursuant to this Chapter shall be in addition to any street facility improvement charges assessed pursuant to Chapter 14.04 of this Code, as well as any street [ORD.3/0/S] 6 facility or other public irlprovement charges assessed pursuant to any other ordinance or resolution adopted by the City Council. Section 18-1.1409 - Rules rind regulations. The City Engineer shall have the power to establish reasonable rules and regulations consistent with the provisions of this Chapter for the purpo:>e of its administration and enforcement. Such rules and regulations shall be effective upon approval ~thE~reof by the City Council. SECTION 3. ENFORCEMENT: This Ordinance shall be in full force and effect thirty days (30) after the date of its passage and adoption. The City Clerk is hereby authorized and instructed to file a certified copy of` this ordinance upon its becoming effective with thE~ Sheriff's Office of the County of Santa Clara, State of California. SECTION 4. PUBLICATION: The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its; passage, in accordance with Section 36933 of the Goverr.~ment Code; shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. INTRODUCED at a regular meeting of the City Council this 2nd day of May 1994, and ENACTED at a regular meeting of they City Council this 16th day of May , 1994, by the following vote: Vote: Members of the City Council: Ayes: Burnett, Sorensen, Koppel Noes : Bautista, Dean Absent : Nane Abstain : None ATTEST: APPROVED: /s/ Kim Marie Smith /s/ Barb Koppel City Clerk i~Ia.yor, City of Cupertino [ORD.3/O/S] 7