ORDINANCE NO.  2806-06

AN ORDINANCE OF THE CITY COUNCIL OF   THE CITY OF SUNNYVALE AMENDING SECTION 18.12.130 OF THE SUNNYVALE MUNICIPAL CODE RELATING TO MONUMENTS IN SUBDIVISIONS

          WHEREAS, Sunnyvale Municipal Code section 18.12.130 requires survey monuments to be placed at the corner of each lot in a subdivision; and

          WHEREAS, Sunnyvale Municipal Code section 18.12.130 exceeds the requirements of state law and may be impractical in certain high density small lot developments because in some instances the building defines the property lines; and

          WHEREAS, it is appropriate for the City Engineer to exercise responsibility for the placement of survey monuments in subdivisions instead of the Director of Public Works.

          NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

          SECTION 1.  SECTION 18.12.130 AMENDED.  Section 18.12.130 of the Sunnyvale Municipal Code is hereby amended to read as follows:

18.12.130. Monuments.

     Permanent monuments of a type to be approved by the City Engineer shall be set at each corner and angle point in the exterior boundaries of the subdivision except where such monuments already exist in their proper positions. Monuments shall be set in standard city monument boxes and shall be set on street centerlines (or offsets) at all street intersections, beginnings and ends of curves, angle points, or as otherwise directed by the City Engineer. A three-fourths inch iron pipe monument two feet long shall also be set six inches below finished grade at each lot corner unless otherwise specified by the City Engineer.  All monuments shall be set before acceptance of improvements by the city council. Any monument required by this chapter that is disturbed or destroyed shall be replaced by the developer before acceptance of improvements.

          SECTION 3.  CEQA EXEMPTION. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. 

          SECTION 4.  EFFECTIVE DATE.  This interim ordinance shall be in full force and effect upon its adoption.

          SECTION 5.  POSTING AND PUBLICATION.  The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official newspaper of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.

Introduced at a regular meeting of the City Council held March 28, 2006, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on ___________, 2006, by the following vote:

(SEAL)

APPROVED AS TO FORM AND LEGALITY:

_____________________________________

David E. Kahn, City Attorney