HomeMy WebLinkAboutORD 0921 (1984) 1 ORDINANCE NO. 921
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING PART 7, SEC-
3 TION 9370 CHAPTER 3, ARTICLE 9 OF THE TUSTIN
MUNICIPAL CODE, ESTABLISHING REGULATIONS FOR
~ DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH,
FOR PARK AND RECREATIONAL LAND. IN SUBDIVISIONS
6 The City Council of the City of Tustin, California, does
hereby ordain as follows:
Paragraph (d) of Part 7, Section 9370 of Chapter 3, Article 9
8 of the Tustin City Code is amended to read as follows:
9 (d) Park or Recreation Purposes (66477)
10 (1) Definitions.
"Fair Market Value" means the value of
11 property as determined by the City Council,
based upon appraisal by an MAI appraiser
12 acceptable to the City and at the expense of
the developer. The determination of "Fair
13 Market Value" shall consider the value of a
buildable acre of land at the time of
1~ development. All costs of appraisal shall
be paid by the developer prior to the recorda-
15 tion of any final map or the issuance of any
building permit.
16 "Improvements".
a. "Minimum improvements" means any
17 public improvement as deemed necessary by
the City to develop land for park and recrea-
18 tion facilities, and may include, but not be
limited to, grading, automatic irrigation
19 systems, adequate drainage, lawn, shrubs,
trees, concrete walkways and walkway lighting.
20 b. "Extraordinary improvements" means
park and recreation improvements over and
21 above those minimum improvements described
in a. and may include, but notbe limited to,
22 playground equipment, picnic facilities,
community centers, sports fields, swimming
23 pools and tennis courts.
"Park" means a parcel, or contiguous
34 parcels of land which is owned, operated, and
maintained by a public agency or private
25 association and which provides recreational
land and facilities for the benefit and
26 enjoyment of the residents and visitors of
the City. The City of Tustin designates
27 parks in the following classifications:
a. "Community Parks" means those parks
28 that serve a minimum population of 10,000
1 Ordinance No. 921
Page 2
and are generally eight (8) acres in
size, or more, excluding greenbelts and
4 school grounds. Typical facilities include
community centers, athletic facilities,
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1 Ordinance No. 921
Page 3
3 large multi-use swimmmng pools, picnic
areas or cultural centers. "Community
~ parks" are owned and maintained by the City
and serve residents of the entire City.
5 b. "Public Neighborhood Parks" means
those parks that serve a minimum population
6 of 2,500 and are a minimum of three (3)
acres in size, excluding greenbelts and
7 school grounds. Typical facilities include
active and passive open space, playground
8 equipment, sports fields and picnic areas.
"Public neighborhood parks" are owned and
9 maintained by the City.
c. "Private Neighborhood Parks" means
10 those parks that serve the immediate sub-
division/development or specific planned
11 community in which they are located and are
a minimum of one (1) acre in size.
12 Typical facilities include passive and active
play areas, swimming pools, spas, tennis
13 courts and club houses. "Private neighbor-
hood parks" are owned and maintained by a
1~ homeowner's association.
1~ (2 Purpose. The parks and recreation facilities
for which dedication of land, the payment in
16 lieu thereof, or a combination of both, is
required by this code are in accordance with
17 the Recreation Element of the General Plan
of the City of Tustin.
18
(3) Requirements. As a condition of approval
19 of a final subdivision map or parcel map,
the subdivider shall dedicate land or pay
20 a fee in lieu thereof, or a combination of
both, at the option of the City, for park
21 or recreational purposes at the time and
in accordance with the standards and formula
22 contained in this subsection.
23 (4) General provisions.
a. Applicability. The provisions of this
24 code shall be applicable to the division
of real property defined as a "Sub-
25 division" by Section 66424 of the Sub-
division Map Act.
26 b. Exceptions. Park land dedications or
fees in lieu thereof shall not be
27 required for the following:
1. Industrial subdivisions.
28 2. Commercial subdivisions.
1 Ordinance No. 921
Page 4
3 3. Condominium projects or stock
cooperatives in an existing apartment
4 building which is more than five (5)
years old andno new dwelling units
5 are added.
4. Subdivisions containing less than
6 five (5) parcels and not used for
residential purposes.
7 5. Affordable Housing. Park land
dedication fees may be waived by the
8 City Council upon the submission and
approval of agreements for specific
9 projects designed and guaranteed for
low income, senior and handicapped
10 citizen occupants.
11 (5) Standards and Formula for Land Dedication.
a. The public interest, convenience, health,
12 welfare, and safety require that three
(3) acres of usable park land per one
13 thousand (1,000) potential population be
devoted to local park and recreational
14 purposes.
b. When the requirements of this section
15 are complied with solely on the basis
of the dedication of park land, the
16 minimum amount of land to be provided shall
be computed by multiplying the number of
17 proposed dwelling units by the park land
acres per dwelling unit in accordance
18 with the appropriate density classifi-
cation in the following table:
19
Dwelling Units Persons Per Park Land Acres.
30 Per Net Acre Dwelling Unit Per Dwelling Unit
21 0-4 4.2 .0126
4.1-7 3.4 .0102
22 7.1-15 2.8 .0084
15.1-25 2.2 .0066
23 25.1+ 1.9 .0057
~4 (6) Fees in lieu of dedication. When there is
no public park or recreational facility
25 required within the proposed subdivision,
the subdivision is less than fifty (50)
26 parcels, or the project is a conversion of
an existing apartment complex to multiple-
2V owner occupancy not exempted herein, the
subdivider shall pay a park fee, on a per
28 unit basis, reflecting the value of land
1 Ordinance No. 9.21
Page 5
3 required for park purposes in accordance
with the schedule of fees as adopted by
4 resolution of the City Council. However,
nothing in this section shall prohibit the
5 dedication and acceptance of land for park
and recreation purposes in subdivisions
6 of fifty (50) parcels or less, where the
subdivider proposes such dedication volun-
7 tarily and the land is acceptable to the City
Council.
For subdivisions in excess of fifty (50)
9 units, the City Council may elect to receive
a fee in-lieu of land dedication. The value
10 of the amount of such fee shall be based upon
the fair market value of the amount of land
11 which would otherwise be required for dedica-
tion, plus twenty (20%) percent towards the
12 costs of off-site improvements. The fair
market value shall be determined by an MAI
13 appraiser acceptable to the City and at the
expense of the developer; and the determinatio~
14 shall consider the value of a buildable acre
of land at the time the final map is to be
15 recorded, as if otherwise the land would be
fully developed to the residential density
16 shown on the tentative tract map for which
the fees are required. If more than one (1)
17 year elapses between the appraisal and record-
ing of the final map, the City will prepare
18 a new appraisal and will invoice the subdivides
for cost of the reappraisal. For purposes
19 of this chapter, the determination of the fair
market value of a buildable acre shall conside~
20 but not necessarily be limited to, the follow-
ing:
21 a. approval of and conditions of the tenta-
tive subdivision map
22 b. the General Plan
c. zoning
23 d. property location
e. off-site improvements facilitating use
24 of the property
f. site characteristics of the property
25 If the subdivider objects to the fair market
value as determined by the MAI appraiser, an
26 appeal may be made to the City Council.
The subdivider shall have the burden of
27 proof in contesting the appraised value.
~8 (7) Combination of dedication and fees. Whenever
1 Ordinance No. 92~
Page 6
3 the requirements of this Subsection (7) are
complied with by both the provision of park
4 land and the payment of a park fee, the amount
of the park fee shall be computed by deter-
5 mining the required amount of park land in
accordance with the provision of Subsection
6 (5) and subtracting the amount of park land
actually provided. The remainder shall be
7 converted to "fee" on a per unit basis in
accordance with the provisions of Subsection
8 (6).
9 (8 Credit for private open space. Where private
open spaces for park and recreational purposes
10 is provided in a proposed subdivision and such
space is to be privately owned and maintained
11 by the future residents of the subdivision,
such areas shall be credited against the
12 requirement of dedication for park and recrea-
tion purposes, as set forth in Subsection (5)
13 hereof, or the payment of fees in lieu thereof,
as set forth in Subsection (6) hereof, provided
14 the City Council finds it is in the public
interest to do so, and that the following
15 standards are met:
a. That yards, court areas, setbacks and
16 other open areas required to be maintained
by the zoning and building regulations
17 shall not be included in the computation
of such private open space; and
18 b. That the private ownership and mainten-
ance of the open space is adequately
19 provided for by written agreement; and
c. That the use of the private open space
20 is restricted for park and recreational
purposes by recorded covenants which run
21 with the land in favor of the future
owners of property within the tract and
22 which cannot be defeated or eliminated
without the consent of the City Council;
23 and
d. ~That the proposed private open space is
24 reasonably adaptable for use for park and
recreational purposes, taking into con-
25 sideration such factors as size, shape,
topography, geology, access, including
26 provisions for bicyclists, and location
of the private open space land; and
27 e. That facilities proposed for the open
space are in substantial accordance with
28 the provision of the Recreational Element
1 Ordinance No. 9~21
Page 7
3 of the General Plan, and are approved
by the City Council; and
4 f. That the openspace for which one hundred
(100%) percent credit is given is a
5 minimum of ~one (1) acre and provides
at least one of the park basic elements
6 listed beicw~ 0r a combination of such
and other recreation improvements that
7 will meet the specific recreation needs
of future residents of the area:
8 1. "Recreational open spaces" which
are generally defined as park areas
9 for active recreation pursuits such
as soccer, baseball, softball, and
10 football, and have at least one (1)
acre of maintained turf with less
11 than (5%) percent slope.
2. "Court areas" which are generally
12 defined as tennis courts, badminton
courts, shuffleboard courts, or
13 similar hard-surfaced areas especially
designed and exclusively used for
14 court games.
3. "Recreational swimming areas" which
15 are defined generally as fenced areas
devoted primarily to swimming, diving,
16 or both. They must also.include
decks, lawned area, bathhouses, or
17 other facilities developed and used
exclusively for swimming and diving
18 and consisting of no less than fifteen
(15) square feet of water surface
19 area for each three (3%) percent of
the population of the subdivision
20 with a minimum of eight hundred (800)
square feet of water surface area
21 per pool, together with an adjacent
deck and/or lawn area twice that of
22 the pool.
4. ,'Recreation buildings and facilities"
23 which means facilities designed and
primarily used for the recreational
24 needs of residents of the development.
Partial credit may be awarded for sites
25 which do not incorporate the required
basic elements or are less than one
26 (1) acre~+ when deemed beneficial to the
commuDit¥ by the City Council upon the
27 recommendation of the Planning Commission.
Because private common areas meet only
1 Ordinance No. 921
Page 8
3 a portion of resident needs, the computed
credit value shall not exceed twenty
~ five (25%) percent of the otherwise
required public land dedication or in-
5 lieu fees.
6 The determination of the City Council as
to whether credit shall be given and the
7 amount of credit shall be final and con-
clusive.
8
(9) Credit for developed public park and recrea-
9 tional facilities.
a. When park and recreational improvements
10 are made by the subdivider to dedicated
land in accordance with the City's General
11 and Specific Plans and Section (d)(1),
the City Council may credit the value of
12 the improvements together with any equip-
ment located thereon against the payment
13 of fees or dedication of land required by
this ordinance.
14 b. Credit shall not be allowed for single-
purpose commercial recreation facilities
15 whether dedicated or in private ownership.
16 (10) Choice of land dedication, improvement, fees,
or combination.
17 a. Procedure. The procedure for determining
whether the subdivider is to dedicate,
18 improve, pay a fee, or combination of
methods shall be as follows:
19 1. At the time of filing a tentative
tract map for approval, the subdivider
20 of the property shall, as a part of
such filing, indicate whether the sub-
21 divider desires to dedicate property
for park and recreational purposes,
~ improve the park land, or whether the
subdivider desires to pay a fee in lieu
~3 thereof. If the subdivider desires
to dedicate land for this purpose, the
24 subdivider shall designate the area
thereof on the tentative tract map as
25 submitted.
2. At the time of the tentative tract map
26 approval, the Planning Commission shall
determine as a part of such approval,
27 whether to require a dedication of lan~
within the subdivision, payment of a
28 fee in lieu thereof, accept improve-
1 Ordinance No. 921
Page 9
5 ment, or a combination of methods.
3. Where dedication is required, it
~ shall be accomplished in accordance
with the provision of the Subdivision
5 Map Act. Where fees are required the
same shall be deposited with the City
6 prior to the approval of the final
tract or parcel map. Open space
7 covenants for private park or recrea-
tional facilities shall be submitted
8 to the City prior to approval of the
final tract map and shall be recorded
9 contemporaneously with the final tract
map.
10 b. Determination. Whether the City Council
accepts land dedication or elects to require
11 payment of a fee in lieu thereof, acceptance
of improved sites, or a combination, shall
12 be determined by consideration of the
following:
13 1. Recreational Element of the City's
General Plan; and
14 2. Topography, geology, access and locatior
of land in the subdivision available
15 for dedication; and
3. Size and shape of the subdivision and
16 land available for dedication.
The determination of the City Council as
17 to whether land shall be dedicated, fees
charged, dedicated land improved, or a
18 combination thereof, shall be final and
conclusive. On subdivisions involving
19 fifty (50) lots or less, only the payments
of fees shall be required.
(11) Responsibilities and enforcement.
21 a. It is the responsibility of each property
owner who proposes to create residential
22 building sites to provide an equitable
portion of park lands as required by this
23 code. Preparations for the provision of
park lands and/or the payment of fees shall
24 commence at the earliest possible instance
of land development planning. Where park
25 land is to be provided, such provisions
shall be included, where applicable, in
26 zone changes, planned community texts and
development plans, tentative and final
27 tract maps, division of land and parcel
maps, and conditional use permits.
28 b. It is the duty of the Director of Community
1 Ordinance No. 921
Page 10
2
3 Development to verify that the requirements
of this Code are complied with, and to notify
4 all interested parties and agencies of such
compliance.
5 c. It is the duty of the Director of Community
Development or his designee to enforce the
6 provisions of this Code that are applicable
to the issuance of a building permit.
7 d. The Director of Community and Administrative
Services shall prepare a schedule for approval
8 by the City Council, specifying how and when
it will use the land or fees, or both, to
9 develop park and recreation facilities. Fees
shall be committed within five (5) years of
10 collection.
e. Any required in-lieu fees shall be paid prior
11 to recording the final tract map. When
improved sites are accepted, an improvement
12 agreement shall be approved by the City prior
to recording the final map.
13 (12) Limitation of use of land and fees. The land
and fees received under this Section shall be
14 used only for the purpose of providing park and
recreational facilities to serve the area from
15 which received, and the locationof the land and
amount of fees shall bear a reasonable relation-
16 ship to the use of the park and recreational
facilities by the future inhabitants of the sub-
17 division, the community, and the general area
from which it is received. (Ord. No. 841, Secs.
18 1--10, 3-2-81; Ord. No. 847, 6-1-81) Ord. No.
1984.
19
20 PASSED AND ADOPTED at a regular meeting of the Tustin City
Council held on the 3rd day of December 1984
23 R6NALD Bi H:OESTEREY~
Acting Mayor
24 ATTEST:
25
26 ~yAn,~y Clerk
27
28
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 921 was duly and regularly introduced and read at a regular meeting
of the City C~cil held on the 5th day of November, 1984, and was given its
second reading and duly passed and adopted at a regular meeting held on the 3rd
day of December, 1984, by the following vote:
AYES : COUNCILPERSONS: Edgar, Hoesterey, Saltarelli
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: Greinke, Kennedy
SUMMARY PUBLISHED IN TUSTIN NEWS:
November 15, 1984
December 13, 1984