Ordinance 1609
CfiDD!U1P1CE PID. 1609
AN aiDD!U~NCE OP ~ CITY CC1fAJCII, OEo' Tt: ''ITY CF CIJPERTIIp
ANg3~IDING TITlF. 18 ~+' ~ CZJPE~'IIJ~ MA~IICIPAL ODDE
RELJlD:9 'Ib SUBDIVISIONS
~ CITY aDI7NCII, ~' Tf~ CITY ~+' Cl>P~IrA DOES HEEtFSY atO112N as
follows:
Seeti,on i .
Section 18-1.803.2 is ataended to reed a8 follows:
ia_1 and 2 R~_*+~*a/p~ttsrl Ltnita
'il~e subdivider may desiccate as a rema±*~r that portion which is not
divided for purpose of sale, lease, or financing. Alt~exnatively, the
subdivider may snit ~tirely that partian of any unit of inptnved or
uninproved lend which is not divided for the purpose of sale, leasing, or
financing. In all cases. the ranaiir]er or emitted unit shall not be
aoumed as a parcel for the purpose of determining whether a parcel map or
a final subdivision map is required under this title.
Pbr a deei.c~~ated reminder' or omitted unit described herein, the
fulfillment of oonstructi,ocs requizanents for' impt+a~ts, including the
payment of fees associated with auy deferred improvements, shall not be
required until a building permit is issued b+i+ the City for development or
r+edevelagnent of said reminder or oautted unit or, until the crnstructiaa
of the improvements, including the paym~t of fees associated with a~
deferred improvenents, iB required pursuant to an agreanent between the
subdivider and the City.
In the absence of an agrest~t described above,l~ ~Y ~~of
fulfillm~t of the mnstructiai requirenen
fees associated with any defesz'ed iirprowenaits, within a reasonable time
following approval of a final m~ and prior to the issuance of the
reminder or omitted unit upon a fi~inq by the City (7otuicil that the
fulfillment of the oonsttvctfcn requireaenta i.s necessary far reasons of:
a) ~e public health and safety; or
b) ~e required construction is a necessary pre=~;utsite to the
arde~rly developasnt of the surrounding area.
_1_
• •
CiRDII~1fXE N0. 1609
12te pmvisiona above described ptovidilr3 for a deferral of the payment
of fees assodated with any deferred improvements shall not apply if the
designated rswnnir,riPr Or aaitted unit iB included within the boundaries of
a benefit assessment district or oamunity facilities district.
pay ~i~ted rennindar or omitted unit may subsequently be sold
without the require~ent of the filing of am- parcel or final subdivision
aas oocxiiti,on that either the seller or the buyer obtain a certificate of
oa~QLianoe or oond,itinnal oeitifiante of compliance fsm- the City
IIlgineer.
Section 18-1.402.4(4) is amended tc read as follows:
4 • S~,iL'~"~, --'• • ~ Mrr i f i natsl~+~~ Certif icats
A certificate by .the City F1~ginee~c stating that the map has been
examined and that it is in accord with the tentative map and any approved
alteration thereof, and oaaQlies with the subdivision Map Act of the
state.
If the City Phgineer wes registered as a dv31 ar3ineer before January
1, 1982, he or she may also certify that the map f8 tedmioerlly correct.
~a~ telya ttached to theom~p by a person authorized t° pr'ac~~ land
surveying pursuant to Section 8700 et seq. of the California Business and
Professions Code.
Section 18-1.402.5.1(B) is ameiYled to reed as follows:
B. moils R,~rt
A soils report pr+epased in aooardence with Ct>apter 16.12 Of the
City. of q~ettino !laiicipal Cade.
Secti+an 18-1.602.5(A) is aireided to reed as follows:
A.
Yf there is rn perk ar recreation facility designated is the open
space and conservation element of the Gesiera]. Plan to be located
in ~.~hole or in part within; the proposed subdivision to serve the
immediate and future needs of the zesidents of the subdivision,
the subdivider shall, in lieu of dedicating lend, pay a fee equal
to the market value of land prescribed for dedication in Section
18-1.602.7, suc3i fee to be deteanined tc be used for a local park
which will serve the residents of the area to be subdivided.
Valuation of the lend described above shall ~det~ ed~, foSectio
lieu fee purposes, under the p
18-1.602.7.
w
-2-
CRDII~4A1(E ND. 1609
Section 18-1.602.7 is am~ded to read as follows:
jQ-1 602.7 Amoui-t of I+'ee in Lieu of Park Iand Dadimt:ion
FIl~en a fee fs recgrired to be paid in lieu of park land dedication, the
amount of each fee shall be ~*'a*'++~i*+~, by the Director of Public Works,
based upon the fear market value of the lend whid- would otherwise be
required to be dedicated pursuant to section 18-1.602.4, determined by
reference to o~arable land w3.thin the general area of the subject land.
Ae used herein, the tens 'amparable• manna lend of eirniler size and
devaloprrent potential as the lard whirl: would otherwise be dedicated. ~e
date of valuation of said property for in lieu fee purposes shall be the
date that the subdivider sukanits hie or her written request for a final
subdivision map.
Ztse fee shall be paid pursuant to the provisions contained in Section
18-1.602.22.
If a subdivider objects to the fair market value deteiminat.ian made by
the Director of Public Works, he or she rmy, at his ar her awn expense,
obtein en appraisal of the property by a cgalified real estate appraiser
appiwed by the City, which appraisal of lair market value may be accepted
by the City Council, if found re~asa:able. Alternatively, the City end the
subdivider may agree as to the fair rmrket value.
Sect i rn III Publimtlon
4he City Clerk shall cause this ordinance to be published at least
once in a newspaper of general ciranlation published end cirr:ulated in the
City within fifteen (15) days after its passage, in awozdenoa width
Section 36933 of the Governarent Code; shall certify to the adoption of
this ordinance and shall cause this ordinance and her certification,
together with p~tnof of publication, to be enntered in the Book of
Ordfnanoes of the Council of this City.
II11it0oUC>~D at a regular meeting of the City Qaarcil of the City of
Cupertim this 21st day Of seocemher , 1992, end FlL4CIED at a
regular meeting of the City C041n1Ci1 of the City of QIpBrtfnlo this !i
day of October , 1992, by the following vote:
YgS'8; Members of the City Council
AYES: Dean, Goldman, Koppel, Szabo. Sorensen
DX~S; None
pg,~p; None
None
ABSTAIN:
-3-
,: _ ' QtDII~II~A~ N0. 1609