Cupertino Municipal Code Ch. 14.05 Park Maintenance Fee

As used in this chapter:

A. “Single lot development” means the erection or construction of any building or structure within all zones, permitting residential uses for which a building permit, planned development permit, use permit or architectural and site approval is required by the City, but which development is not a subdivision as defined by the Subdivision Map Act of the State of California.

B. “Erection” or “construction” as used in this chapter is established where a new residential building or structure is built upon a parcel of land, within all zones permitting residential uses. This definition does not apply to any remodel of an existing residence or any replacement of an existing residence where said existing residence was demolished within one year prior to the application of permit of the replacement residence.

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 (hereinafter referred to as the “Environmental Resources Element of the General Plan”).

(Ord. 2056, (part), 2010; Ord. 1853, § 1, 2000; Ord. 1479, § 2 (part), 1989)

Nothing contained in this chapter shall be construed 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 provisions 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.

(Ord. 1479, § 2 (part), 1989)

A. The purpose of this fee is to finance the establishment, rehabilitation and maintenance of neighborhood and community parks and recreation facilities in order to reduce the impacts of declining open space within the City created by new single-lot residential development within the City.

B. The Park and Recreation Facilities Acquisition 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 development in the City’s residential areas will generate additional demand for and use of parks 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 parks and recreation facilities, but the developers of single-lot developments within the City have not contributed their fair share towards these parks and recreation costs and said costs 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 between the fee’s use and the type of development for which the fee is charged, as these reasonable relationships or nexes are described in 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 detrimental 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 for the collection of fees in connection with the establishment, maintenance and rehabilitation of parks and recreation facilities in order to:

1. Protect the vested interest of the public in the promotion of establishing, maintaining and rehabilitating both neighborhood and community parks and recreation facilities;

2. Spread the costs of establishing, maintaining and rehabilitating neighborhood parks and recreation facilities upon the owners within the respective neighborhood park service area as defined in the Environmental Resources Element of the General Plan;

3. Promote the establishment, maintenance and rehabilitation of neighborhood and community parks and recreation facilities in the most economically feasible manner to both the City and the citizens of the City; and

4. Protect the public safety, living standards, and common welfare of the general public.

(Ord. 1479, § 2 (part), 1989)

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 architectural 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, planned development permit, use permit, or architectural approval.

(Ord. 2056, (part), 2010; Ord. 1479, § 2 (part), 1989)

Any person, or his successor in interest, who has paid fees of the type required by this chapter or by Article 6, Title 18 of the Municipal Code prior to the effective date of the ordinance codified in this chapter, shall receive credit therefor as provided in this chapter. No person shall receive a credit in excess of the amount of the fee required by this chapter.

(Ord. 1479, § 2 (part), 1989)

A. General Standard. The public interest, convenience, health, welfare and safety require that three acres of property for each one thousand persons be devoted for neighborhood and community park and recreational purposes.

B. Formula. All persons subject to this chapter shall pay a fee in an amount equal to that as provided in the following formula:

Thus,

fee = (3 x 3.5) (value per acre)

1,000

for single-family development.

(Ord. 1479, § 2 (part), 1989)

When a fee is required to be paid under the provisions of this chapter, the amount of the fee shall be determined by the Director of Public Works, pursuant to Section 14.05.060. The "value per acre" portion of the fee shall be based upon the fair market value of the subject property determined by reference to comparable land within the general subject property. As used herein, the term "comparable" means land of similar size and development potential as the subject property. The date of the valuation of the property shall be the date that the owner of the subject property or his agent submits an application for issuance of a building permit, planned development permit, use permit or architectural and site approval, whichever event occurs first.

If the owner objects to the fair market value determination made by the Director of Public Works, he or she may, at his or her own expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the city, which appraisal of fair market value may be accepted by the City Council, if found reasonable. Alternatively, the City and the owner may agree as to the fair market value without reference to a formal appraisal.

(Ord. 2056, (part), 2010; Ord. 1731, (part), 1996; Ord. 1479, § 2 (part), 1989)

A. Upon application for an exception, the Department of Public Works may recommend that the City Council authorize a conditional exception to any of the requirements and regulations set forth in this chapter, provided that the following facts are found:

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.

(Ord. 1479, § 2 (part), 1989)

A. Any person aggrieved by a decision of any officer, department or commission of the City under the provisions of this chapter may appeal the decision 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 exception by filing for a planned development and/or use permit is made, no appeal will be accepted or necessary, since the City Council will hear the matter in due course.

B. Such notice of appeal must state:

1. The asserted error;

2. The grounds upon which the appeal is taken; and

3. The name and address of the party appealing.

Such notice of appeal must be signed by the party appealing, or by his agent. The notice of appeal shall not be effective unless it is filed with the City Clerk within the time required by subsection A of this section.

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 hearing shall be given by mail, postage prepaid, and dispatched not less than ten days prior to the hearing to the applicant at his address as shown upon the notice of appeal.

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, however, 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.

(Ord. 2056, (part), 2010; Ord. 1479, § 2 (part), 1989)

The money collected under this chapter 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.

(Ord. 1479, § 2 (part), 1989)

On or about the beginning of each fiscal year, the Public Works Department shall 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 reasonable relationship between such need and the impacts upon the various types of development pending or anticipated and for which this fee is charged. The Public Works Director shall report his findings to the City Council at a noticed public hearing.

(Ord. 1479, § 2 (part), 1989)

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, certificate or license issued in conflict with the provisions of this chapter shall be null and void.

(Ord. 1479, § 2 (part), 1989)

The provisions of this chapter shall not apply to building permits issued upon applications which were filed prior to January 17, 1989.

(Ord. 1479, § 2 (part), 1989)