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HomeMy WebLinkAboutORD 0841 (1981) ORDINANCE NO. 841 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS, ~ The City Council of the City of Tustin does ordain as follows: SECTION 1. RECITALS. That the City Council of the city of Tustin 'does hereby find, determine, and declare as follows: A. Pursuant to the authority of Section 66477 of the Subdivision Map Act, the dedication of land, the payment of fees in lieu thereof, or a combination of both, shall be required for park or recreational purposes as a condition to the approval of a final map or parcel map. B. The City Council of the City of Tustin has adopted a recreation element of the General Plan and the land, fees, or combination thereof are to be used only for the purpose of providing par. k or recreational faciliti'es to serve the subdivision- SECTION 2. REQUIREMENTS. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land or pay a fee in lieu thereof, or a -- combination of both, at the option of the City, for park ..... . or recreational purposes in accordance with the standards and formula contained in this ordinance. SECTION 3. GENERAL PROVISIONS. A. Applicability- The provisions of this code shall be applicable to the division of real property defined as a "Subdivision" by Section 66424 of the Subdivision Map Ac t. B. Exceptions. Park land dedications or fees in lieu thereof shall not be required for the following: 1. Industrial subdivisions. 2. Condominium projects or stock cooperatives in an existing apartment building which is more than ~ive years old and no new dwelling units are added. 3. Shopping centers containing more than 300,000 square feet of gross leaseable area with no residential development or uses. 4. Affordable Housing- Park land dedication fees , may be waived by the City Council upon the submission and approval of agreements for specific projects designed and guaranteed for low income and senior citizen occupants. C. Standards. Four (4) acreas of local park needs per 1000 population shall be supplied by the requirements of this ordinance. D. Park and Recreational Facilities. It is the intent of the City Council whenever feasible to develop local parks and provide recreational facilities for the primary benefit of the residents of the properties from which the funds for such development were derived. SECTION 4. STANDARDS AND FORMULA FOR DEDICATION OF LAND. When the requirements of this code are complied with solely on the basis of providing park land, the minimum amount of land to be provided shall be computed by multi- plying the number of proposed awetling units by the park land acres per dwelling unit in accordance with the appropriate density classification in the following table: Dwelling Units Persons per Park Land Acres Per Gross Acre Dwelling Unit Per Dwelling Unit 0 - 4 4.0 .016 4.1 - 7 3.4 .013 7.1-15 2.75 .011 15.1 - 25 2.0 .008 25.1 + 1.5 .007 SECTION 5. FEES iN LIEU OF DEDICATION: When there is no public park or recreational facility required within the proposed subdivision, the subdivision is less than fifty (50) parcels, or the project is a conversion of an existing apartment complex to multiple- owner occupancy not exempted herein, a park fee shall be paid on a per unit basis, reflecting the value of land reouired for park purposes in accordance with the schedule of fees as adopted by Resolution of the City Council. SECTION 6. COMBINATION OF DEDICATION AND FEES: Whenever the requirements of this Section are complied with bv both the provision of park land and the payment of a park fee, the amount of the park fee shall be computed by determining the required amount of park land in accordance with the provisions of Section 4 and subtracting the amount of mark land actually provided. The remainder shall be converted to "fee" on a per unit basis in accordance with the provisions of Section 5. SECTION 7. CREDIT FOR PRIVATE OPEN SPACE. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas shall be credited against the requirement of dedication for park and recreation purposes, as set forth in Section 4 hereof., or the payment of fees in lieu thereof, as set forth in Section 5 hereof, provided the City Council finds it is in the public interest to do so, and that the following standards are met: A. That yards, court areas, setbacks and other .open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and B. That the private ownership and maintenance of the open space is adequately provided for by written agreement; and C. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council; and D. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, including provisions for bicyclists, and location of the private open space land; and E. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the General Plan, and are approved by the City Council; and F. That the area for which credit is granted shall be a minimum of two acres and provide at least five of the local park basic elements listed below or a combination of such and other recreational improvements that will meet the specific recreation-park needs of the future residents of the project: ...... 1. children's play apparatus area; 2. landscape park-hike and quiet area; 3. family picnic area; 4. game court area, such as basketbali, volleyball, or tennis with 9, 600 square feet minimum; 5. turf playfield (180' x 240' minimum); 6. swimming pool (30' x 60; minimum pool size); 7. recreation center building (1,200 square feet minimum); 8.exercise course or a suitable pathway for jogZing. Areas less than'2.0 acres may receive some credit on a prorated basis, provided at least four of the above elements are included. SECTION 8. CHOICE OF LAND OR FEE. A. Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows: 1. SUBDIVIDER. At the time of filing a tentative tract map for approval, the owner of the property shall, as a part of such filing, indicate whether he desires to dedicate property for park and recreational purposes, or whether he desires' to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof on the tentative tract map as submitted- 2. ACTION OF THE CITY. At the time of the tentative tract map approval, the Planning agency shall determine as a part of such approval, whether to require a dedication of land within the sub- division, payment of a fee in lieu thereof, or a combination of both. 3. PREREQUISITIES FOR APPROVAL OF FINAL MAP. Where dedication is required it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required the same shall be deposited with the City prior to the approval of the final tract or parcel map. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final tract map and shall be recorded contempor- aneously with the final tract map. B. DETE~MINATION. ~ether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: I. Recreational element of the City's General Plan; and 2. T~pography, geology, access and location of land in the subdivision available for dedication; and 3.Size and shape of the subdivision and land ava{lable for dedication. The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged or a combination thereof, shall be final and conclusive. On subdivisions involving fifty (50) lots or less, only the payment of fees shall be required. SECTION 9. RESPONSIBILITIES AND ENFORCEMENT. A. It is the responsibility of each property owner who proposes to create residential building sites to provide an equitable portion of the necessary park lands as required by this Code. Preparations for the provision of park lands and/or the payment of fees shall commence at the earliest possible instance of land development planning. Where park land is to be provided, such provisions shall be included, where applicable, in zone changes, planned community texts and development plans, tentative and final tract maps, division Of land and parcel maps, and conditional use permits. ~ verify that the requirements of this Code are complied with, and to notify all interested parties and .agencies i of such compliance. C. It is the duty of the Building Official to enforce the 2 provisions of this Code that are applicable to the issuance of a building permit. D. The Director of Community Services shall prepare for 4 Council approval a_ schedule specifying how and when it will use the land or fees, or both, to develop park or 5 recreation facilities. Fees shall be committed within five years of collection. SECTION 10. LIMITATION ON USE OF LAND AND FEES. The land and 7 fees received under this ordinance shall be used only for the purpose of providing park and recreational facilities 8 to serve the area from which received, and the location of the land and amount of fees shall bear a reasonable 9 relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. 10 SECTION I1. CERTIFICATION. 11 PASSED AND ADOPTED at regular meeting of the City 12 Council, City of Tustin, California, held on the 2nd day of March , 1981. 14 Donald J/Saltarel li Mayor ATTE ST: 18 Mary E. City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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. 841 was duly and regularly introduced and read at a regular meeting of the City Council held on the .17th day' of February, 1981, and was given its second reading and duly passed and adopted at a regular meeting held on the 2nd day of March, 1981, by the following vote: AYES : COUNCILPERSONS: Saltarelli, Edgar, Hoesterey, Sharp, Kennedy NOES : COUNCILPERSONS: None ABSENT: COUNCILPERSONS: None MARY E .' WYNN, ~ty City of Tustin, California PUBLISH TUST/N N~qS: March 12, 1981