Cupertino Municipal Code Art. III School Site Dedication

Unless otherwise prohibited by law, as a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty days after the requirement of dedication is imposed by the City the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty days after the filing of the final map on any portion of the subdivision.

(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

A. The cost of any improvements to the dedicated land since acquisition by the subdivider;

B. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

C. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The provisions of this article shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative maps.

(Ord. 14-2125, § 2 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)