March 28, 2006

SUBJECT: Ordinance Amending Section 18.12.130 of the Sunnyvale Municipal Code (SMC), a section of the City’s subdivision ordinance regulating placement of survey monuments.

REPORT IN BRIEF

The City’s subdivision ordinance regulates the placement of survey monuments at the corner of every lot in a subdivision.  This is not always practical or necessary in small lot or common interest subdivisions.  The proposed amendment to SMC section 18.12.130 provides flexibility and changes enforcement responsibility from the Director of Public Works to the City Engineer.

BACKGROUND

SMC section 18.12.130 requires that a “three-fourths inch iron pipe monument two feet long shall …be set six inches below finished grade at each lot corner [in a subdivision].”  This is not always practical, especially in certain high density small lot subdivisions. The proposed amendment would allow greater flexibility on the part of the City, but would still comply with all state law requirements regarding survey monuments. In addition, the existing ordinance makes the Director of Public Works responsible for the placement and types of survey monuments.  The proposed revision would change this to the City Engineer.

EXISTING POLICY

SMC section 18.12.130, as currently written, requires survey monuments at each lot corner and makes the Director of Public Works responsible for the approved types and placement of survey monuments.

DISCUSSION

The language in the municipal code was written at a time when residential properties being developed were primarily single family homes.  In recent years, there has been a trend towards condominium construction.  In this type of development, the lot corner is usually at the building corner and permanent survey markers would be inaccessible if located per our existing language.  Additionally, in the case of high density mixed-use developments, lots are not necessarily located at ground level, but may be located at a second or third level.  In these situations, it is not practical or even feasible to follow the existing code requirement.

The change in the code would give the City more flexibility in dealing with the placement of monuments, however in all cases there would be full compliance with state law regarding survey monuments.

FISCAL IMPACT

No identifiable impact. 

PUBLIC CONTACT

Public Contact was made through posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web site, and the availability of the report in the Library and City Clerk’s office.

ALTERNATIVES

1. Introduce and waive reading of text of ordinance amending Sunnyvale Municipal Code section 18.12.130.

2. Decline to approve the proposed amendment to Sunnyvale Municipal Code section 18.12.130.   

RECOMMENDATION

Approve the proposed amendment and adopt the ordinance amending Sunnyvale Municipal Code section 18.12.130.

Reviewed by: