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HomeMy WebLinkAboutORD FOR ADOPTION 12-03-84 (2)AGENDA ORDINANCES FOR ADOPTION NO. 2 12-3-84 AGENDA ITEM: ORDINANCE NO. 921 - An Ordinance of the City Council of the City of Tustin, California, AMENDING PART 7, SECTION 9370, CHAPTER 3, ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE, ESTABLISHING REGULATIONS FOR DEDICA- TION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS BACKGROUND: Ordinance No. 921 had first reading by title only and introduction at the November 5, 1984, City Council meeting. Amendments as discussed prior to introduction have been made in the Ordinance. RECOI~4ENDATION: M. O. - That Ordinance No. 921 have second reading by title only. M. O. - That Ordinance No. 921 be passed and adopted. (Roll Call Vote) 6 7 8 9 10 11 13 15 17 18 19 gO 21 22 2~ 26 2~ ORDINANCE NO. 921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 7, SEC- 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 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 of the Tustin City Code is amended to read as follows: (d) Park or Recreation Purposes (66477) (1) Definitions. "Fair Market Value" means the value of property as determined by the City Council, based upon appraisal by an MAI appraiser acceptable to the City and at the expense of the developer. The determination of "Fair Market Value" shall consider the value of a buildable acre of land at the time of development. All costs of appraisal shall be paid by the developer prior to the recorda- tion of any final map or the issuance of any building permit. "Improvements". a. "Minimum improvements" means any public improvement as deemed necessary by the City to develop land for park and recrea- tion facilities, and may include, but not be limited to, grading, automatic irrigation systems, adequate drainage, lawn, shrubs, trees, concrete walkways and walkway lighting. b~ "Extraordinary improvements" means park and recreation improvements over and above those minimum improvements described in a. and may include, but not be limited to, playground equipment, picnic facilities, community centers, sports fields, swimming pools and tennis courts. "Park" means a parcel, or contiguous parcels of land which is owned, operated, and maintained by a public agency or private association and which provides recreational land and facilities for the benefit and enjoyment of the residents and visitors of the City. The City of Tustin designates parks in the following classifications: a. "Community Parks" means those parks that serve a minimum population of 10,000 6 7 8 9 10 11 12 13 15 16 17 18 19 '20 21 22 23 24 25 26 27 28 Ordinance No. 921 Page 2 III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III and are generally eight (8) acres in size, or more, excluding greenbelts and school grounds. Typical facilities include community centers, athletic facilities, 1 2 3 5 6 7 8 9 10 11 12 13 l& 15 16 17 18 19 '20 21 22 23 24 25 26 27 28 Ordinance No. 921 Page 3 (2 (3 (4 large multi-use swimming pools, picnic areas or cultural centers. "Community parks" are owned and maintained by the City and serve residents of the entire City. b. "Public Neighborhood Parks" means those parks that serve a minimum population of 2,500 and are a minimum of three (3) acres in size, excluding greenbelts and school grounds. Typical facilities include active and passive open space, playground equipment, sports fields and picnic areas. "Public neighborhood parks" are owned and maintained by the City. c. "Private Neighborhood Parks" means those parks that serve the immediate sub- division/development or specific planned community in which they are located and are a minimum of one (1) acre in size. Typical facilities include passive and active play areas, swimming pools, spas, tennis courts and club houses. "Private neighbor- hood parks" are owned and maintained by a homeowner's association. Purpose. The parks and recreation facilitie~ for which dedication of land, the payment in lieu thereof, or a combination of both, is required by this code are in accordance with the Recreation Element of the General Plan of the City of Tustin. 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 at the time and in accordance with the standards and formula contained in this subsection. General provisions. a. Applicability. The provisions of this code shall be applicable to the division of real property defined as a "Sub- division" by Section 66424 of the Sub- division Map Act. b. Exceptions. Park land dedications or fees in lieu thereof shall not be required for the following: 1. Industrial subdivisions. 2. Commercial subdivisions. 2 3 5 6 7 8 10 12 13 15 16 17 18 ]_9 20 21 22 25 26 Ordinance No. 921 Page 4 (5) (6) 3. Condominium projects or stock cooperatives in an existing apartment building which is more than five (5) years old and no new dwelling units are added. 4. Subdivisions containing less than five (5) parcels and not used for residential purposes. 5. 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, senior and handicapped citizen occupants. Standards and Formula for Land Dedication. a. The public interest, convenience, health, welfare, and safety require that three (3) acres of usable park land per one thousand (1,000) potential population be devoted to local park and recreational purposes. b. When the requirements of this section are complied with solely on the basis of the dedication of park land, the minimum amount of land to be provided shal be computed by multiplying the number of proposed dwelling units by the park land acres per dwelling unit in accordance with the appropriate density classifi- cation in the following table: Dwelling Units Persons Per Park Land Acres Per Net Acre Dwelling Unit Per Dwelling Unit 0-4 4.2 .0126 4.1-7 3.4 .0102 7.1-15 2.8 .0084 15.1-25 2.2 .0066 25.1+ 1.9 .0057 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, the subdivider shall pay a park fee, on a per unit basis, reflecting the value of land 8 9 10 11 12 13 14 15 16 17 18 19 ~20 21 22 23 24 25 26 27 28 Ordinance No. 921 Page 5 required for park purposes in accordance with the schedule of fees as adopted by resolution of the City Council. However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication volun- tarily and the land is acceptable to the City Council. For subdivisions in excess of fifty (50) units, the City Council may elect to receive a fee in-lieu of land dedication. The value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedica- tion, plus twenty (20%) percent towards the costs of off-site improvements. The fair market value shall be determined by an MAI appraiser acceptable to the City and at the expense of the developer; and the determinatior shall consider the value of a buildable acre of land at the time the final map is to be recorded, as if otherwise the land would be fully developed to the residential density shown on the tentative tract map for which the fees are required. If more than one (1) year elapses between the appraisal and record- ing of the final map, the City will prepare a new appraisal and will invoice the subdivide~ for cost of the reappraisal. For purposes of this chapter, the determination of the fair market value of a buildable acre shall conside~ but not necessarily be limited to, the follow- ing: a. approval of and conditions of the tenta- tive subdivision map b. the General Plan c. zoning d. property location e. off-site improvements facilitating use of the property f. site characteristics of the property If the subdivider objects to the fair market value as determined by the MAI appraiser, an appeal may be made to the City Council. The subdivider shall have the burden of proof in contesting the appraised value. (7) Combination of dedication and fees. Whenever 1 2 3 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 '20 21 22 23 24 25 26 27 28 Ordinance No. 921 Page 6 (8) the requirements of this Subsection (7) are complied with by both the provision of park land and the payment of a park fee, the amount of the park fee shall be computed by deter- mining the required amount of park land in accordance with the provision of Subsection (5) and subtracting the amount of park land actually provided. The remainder shall be converted to "fee" on a per unit basis in accordance with the provisions of Subsection (6). Credit for private open space. Where private open spaces 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 recrea- tion purposes, as set forth in Subsection (5) hereof, or the payment of fees in lieu thereof, as set forth in Subsection (6) 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 mainten- ance 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 con- sideration 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 provision of the Recreational Element 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~20 21 22 23 24 25 26 27 28 Ordinance No. 921 Page 7 f o of the General Plan, and are approved by the City Council; and That the open space for which one hundred (100%) percent credit is given is a minimum of one (1) acre and provides at least one of 'the park basic elements listed belcw~ or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area: 1. "Recreational open spaces" which are generally defined as park areas for active recreation pursuits such as soccer, baseball, softball, and football, and have at least one (1) acre of maintained turf with less than (5%) percent slope. 2. "Court areas" which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games. 3. "Recreational swimming areas" which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also.include decks, lawned area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet of water surface area for each three (3%) percent of the population of the subdivision with a minimum of eight hundred (800) square feet of water surface area per pool, together with an adjacent deck and/or lawn area twice that of the pool. 4. "Recreation buildings and facilities" which means facilities designed and primarily used for the recreational needs of residents of the development. Partial credit may be awarded for sites which do not incorporate the required basic elements or are less than one (1) acre when deemed beneficial to the community by the City Council upon the recommendation of the Planning Commission. Because private common areas meet only 6 ? 8 9 10 11 l& 1§ 16 17 18 19 .~0 26 27 28 Ordinance No. 921 Page 8 (9 (10) 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- lieu fees. The determination of the City Council as to whether credit shall be given and the amount of credit shall be final and con- clusive. Credit for developed public park and recrea- tional facilities. a. When park and recreational improvements are made by the subdivider to dedicated land in accordance with the City's General and Specific Plans and Section (d)(1), the City Council may credit the value of the improvements together with any equip- ment located thereon against the payment of fees or dedication of land required by th~s ordinance. b. Credit shall not be allowed for single- purpose commercial recreation facilities whether dedicated or in private ownership. Choice of land dedication, improvement, fees, or combination. a. Procedure. The procedure for determining whether the subdivider is to dedicate, improve, pay a fee, or combination of methods shall be as follows: 1. At the time of filing a tentative tract map for approval, the subdivider of the property shall, as a part of such filing, indicate whether the sub- divider desires to dedicate property for park and recreational purposes, improve the park land, or whether the subdivider desires to pay a fee in lie~ thereof. If the subdivider desires to dedicate land for this purpose, the subdivider shall designate the area thereof on the tentative tract map as submitted. 2. At the time of the tentative tract map approval, the Planning Commission shal determine as a part of such approval, whether to require a dedication of lan, within the subdivision, payment of a fee in lieu thereof, accept improve- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 .20 21 22 24 25 26 27 28 Ordinance No. 921 Page 9 (11) be ment, or a combination of methods. 3. Where dedication is required, it shall be accomplished in accordance with the provision 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 recrea- tional facilities shall be submitted to the City prior to approval of the final tract map and shall be recorded contemporaneously with the final tract map. Determination. Whether the City Council accepts land dedication or elects to requir, payment of a fee in lieu thereof, acceptance of improved sites, or a combination, shall be determined by consideration of the following: 1. Recreational Element of the City's General Plan; and 2. Topography, geology, access and locatior of land in the subdivision available for dedication; and 3. Size and shape of the subdivision and land available for dedication. The determination of the City Council as to whether land shall be dedicated, fees charged, dedicated land improved, or a combination thereof, shall be final and conclusive. On subdivisions involving fifty (50) lots or less, only the payments of fees shall be required. 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 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. b. It is the duty of the Director of Community 7 8 9 10 11 12 14 18 16 17 18 19 ~20 21 22 25 24 28 26 27 28 Ordinance No. 921 Page 10 (12) Development to verify that the requirements of this Code are complied with, and to notify all interested parties and agencies of such compliance. c. It is the duty of the Director of Community Development or his designee to enforce the provisions of this Code that are applicable to the issuance of a building permit. d. The Director of Community and Administrative Services shall prepare a schedule for approval by the City Council, specifying how and when it will use the land or fees, or both, to develop park and recreation facilities. Fees shall be committed within five (5) years of collection. e. Any required in-lieu fees shall be paid prior to recording the final tract map. When improved sites are accepted, an improvement agreement shall be approved by the City prior to recording the final map. Limitation of use of land and fees. The land and fees received under this Section shall be used only for the purpose of providing park and recreational facilities to serve the area from which received, and the location of the land and amount of fees shall bear a reasonable relation- ship to the use of the park and recreational facilities by the future inhabitants of the sub- division, the community, and the general area from which it is received. (Ord. No. 641, Secs. 1--10, 3-2-81; Ord. No. 847, 6-1-81) Ord. No. , 1984. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the day of ATTEST: Ursula E. Kennedy, Mayor Mary E. Wynn, City Clerk