HomeMy WebLinkAboutORD FOR INTRODUCTION 11-05-84BATE:
NOV. 5, 1984
ORDINANCES FOR INTRODUCTION
NO. 1
11-5-84
Inter-Corn
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
COI~UNITY DEVELOPMENT DEPARTMENT
AMENDMENT TO SUBDIVISION ORDINANCE (PARK LAND DEDICATION)
BACKGROUND:
The 1982 Session of the California Legislature amended Section 66477 of the Government
Code to establish three (3) acres of park land per 1,000 persons residing within a
subdivision as the maximum standard for parkland dedication requirements.
Ordinance No. 841, March 2, 1981, established four {4) acres Jf park land as the
dedication requirement. The proposed Ordinance amends the Tustin City Code to reduce
the standard from four {4) to three (3) acres.
As a further condition of park land dedication requirements, the city must have a
recreation element of the general plan that incorporates the dedication requirements.
The proposed Ordinance No. g21 is in conformance with the Recreation Element of the
General Plan and the Government Code, and amends only that portion of the subdivision
ordinance related to park land dedications.
RECOI~ENDED ACTION:
Introduce Ordinance No. 921 amending Part 7, Section 9370 (d) "Park or Recreation
purposes" of Chapter 3, Article 9 of the Tustin City Code pertaining to subdivision
dedication requirements.
Director of Community Development
DDL: do
attachment:
Ordinance No. 921
Letter of Oct. 10,1984
October 10, 1984
Inter-Com
l~: ~onorable Mayor and City Council
FROm: Community Development Department
$68JE:T:TIC Comments on Proposed PaPkland Dedication Ordinance
SECTION 9370 DEDICATIONS -~ c~'"F~
The Irvine Company has no objections to the existing wording of the
Subdivision Ordinance and is stating.their intention of working with
the School District to accomodate the needs for school facilities.
SECTION 6 FEES IN LIEU OF DEDICATION
No change in the proposed ordinance is necessary. Consideration a
through f of Section (6) accomodate their concerns.. It can not be
other than unimproved land until the subdivision map is filed.
SECTION (8) CREDIT FOR PRIVATE OPEN SPACE (p. 5
No change in the proposed ordinance is recommended. The proposal
ordinance authorizes partial credit for areas less than three (3)
acres but requires a thnee (3) acre minimum for full credit.
Paragraph (f) 4 provides that Partial credit may be awarded for
sites which are less than three-~cres~ at the direction of the
City Council.
SECTION (9) CREDIT FOR DEVELOPED PARK AND RECREATIONAL FACILITIES (p.6).
Concur with the comment' and recommend t~at the wording of (9) a. be
changed from may to shall,.
II IRVIN6 __COM
550 Newport Center Drive, P.O. Box I
Newport Beactq, California 92660-0015
(714) 720-2000
~)ctober 10, 1984
Tustin City Council
City of Tustin
300 Centennial Way
Tustin, California 92680
Re: Recreation Element Conservation and Open Space Element
Ordinance No..~gOF - Park Dedications
Dear Mayor Kennedy and Council Members:
On October 15, you will consider the adoption of a revised Recreation
Element, a revised Conservation Open Space Element, and a revision to the
Municipal Code pertaining to subdivision dedications. These policy
documents and regulations have been drafted to address the needs of present
residents and, as stated, to also provide policy level guidance to the East
Tustin Specific Plan Study, a joint City-Irvine Company endeavor currently
underway.
As such, these elements establish significant policy in recreation and open
space planning and directly impact the East Tustin planning process. We
have studied these documents and have had the opportunity to discuss their
contents with City staff. Based upon this review, we wish to offer for your
consideration our comments on the proposed policies and standards and, in
some instances, recommended revisions.
We submit these comments to you with the desire of achieving a well-balanced,
creatively designed park program in East Tustin and open space policies that
will accomodate a balanced land use plan in a quality environment. Our
comments, compiled in the attachment, appear in the order of the goals and
policies listed in the two elements and ordinance beginning with the Recrea-
tion Element.
We look forward to discussing these matters further with you and appreciate
your consideration of our comments and recommendations.
Sincerely,
Di rector
Government Relations
CC:
W. Huston, City Manager
D. Lamm, Director, Community Development
Royleen White, Director - Community & Admin. Services
THE IRVINE COMPANY
COMMENTS ON PROPOSED TUSTIN ORDINANCE NO. 907
'9370 Dedications - Elementars School Sites and Dedication Without Reimbursement
While these sections reflect certain authorizations provided in state law, we
want to clarify that they are limited in their application and do not represent
the only available alternatives to address school facility needs. We are
meeting with the Tustin Unified School District to understand school facility
needs and alternatives for financing. We view land dedication in fee for
school facilities as an alternative but not the preferred approach. Other
mechanisms, particularly the State ±ease-Purchase Program are available which
represent more viable and equitable school financing programs that should be
pursued. While we do not request modifications to this section of the
ordinance, we want to clarify our understanding and intent on the matter. We
will continue to work cooperatively with Tustin Unified to address the school
facility needs of the East Tustin development.
6. Fees in Lieu of Dedication (p. 4)
As we commented in the Recreation Element, we are concerned that the 20%
factor for off-site improvements not become duplicative. We, therefore,
suggest a similar revision to the ordinance as we did in the Recreation
Element:
"The fair market value shall be determined by an MAI appraiser
acceptable to the City and at the expense of the developer; and
the determination shall consider the value of a buildable but
raw and unimproved acre of land at the time the Final Tract Hap
is to be recorded, and assume that the land could be fully
developed to the residential densi'ty . · ." ~
8. Credit for Private Open Space (p. 5)
As described earlier in the Recreation Element, we believe revisions are
warranted regarding the minimum site size, the criteria to be met regarding
park elements and the discretion of the City Council to grant part credit
for private open space. We recommend, therefore, this revision of Section
8 in the ordinance:
"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 maS be credited against the requirement
of dedication for park and recreation purposes as set forth in
Subsection (6) hereof at the discretion of the CitS Council
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COMMENTS ON PROPOSED TUSTIN ORDINANCE NO. 907 (Cont.)
and
&.
eo
that the following standards are met:
That private yards, building setbacks and other similar
areas which cannot serve a common recreation function
shall not'be included in the computation of such private
open space; and
That the private ownership' and maintenance of the open
space is adequately provided for by written agreement;
and
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 or the future owners of property
within the tract and which cannot be defeated or eliminated
without the consent of the City Council; and
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
That facilities proposed for the open space are in
substantial accordance with the provision of the recreational
element of the General Plan, and are approved by the City
Council; and
That the open space for which credit is given is a minimum
of (.$) acres and provides one or more of the park basic
elements listed below, or a combination of such and other
recreation improvements that will meet the specific recrea-
tion needs of future residents~of the area:
Recreational open spaces, which are generally defined as
park areas for active recreation pursuits such as soccer,
baseball, softball, and football, and have . · · maintained
turf with less than five (5%) percent slope.
Court areas, which are generally defined-as tennis courts,
badminton courts, shuffleboard courts, or similar hard-
surfaced areas especially desinged and exclusively used
for court games.
-3-
COMMENTS ON PROPOSED TUSTI'N ORDINANCE NO. 907 (Cont.)
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, bath-
houses, or other facilities developed and used exclusively
for swindling 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 designed and primarily
used for the recreational needs of residents of the
development.
The determination of the City Council as to whether credit shall
be given and the amount of credit shall be final and conclusive.
Credit for Developed Public Park and Recreational Facilities (p. 6)
As drafted, this section of the ordinance reads that the City Council
may credit the value of improvements together with any equipment located
thereon against the payment of fees or dedication of land. Our under-
standing of state law on this matter (Section 66477) is that such improve-
ments shall receive a credit against the payment of fees or dedication of
land required by the City ordinance. We believe the proposed ordinance
should be revised accordingly to maintain consistency with state-authorizing
legislation.
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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 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:
Part 7, Section 9370 paragraph (d) "Park or Recreation purposes" of Chapter
3, Article 9 of the Tustin City Code is amended to read as follows:
CHAPTER 3
SUBDIVISIONS
PART 7 DEDICATIONS, RESERVATIONS AND IMPROVEMENTS
9370 DEDICATIONS
(d) Park or Recreation Purposes (66477)
(1) Terms Defined. The-following definitions shall govern the
meaning of words in this section unless from the context in
which the word is used, a different meaning is clearly intended.
a. Fair Market Value. The value of property is determined
by the City Council based upon appraisal by an MAI
appraisal acceptable to the City and at the expense of the
developer; and the determination 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 recordation of any final map
or the issuance of any building permit.
b. Improvements.
1. Minimum improvements. Public improvements as are
deemed necessary by the City to develop land for
park and recreation facilities. Such improvements
may include, but not be limited to grading,
automatic irrigation systems, adequate drainage,
lawn, shrubs, trees, concrete walkways and walkway
lighting.
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Ordinance No. ~1
Page 2
2. Extraordinary improvements. Park and recreation
improvements over and above th6se minimum
improvements described in (b)(1). Such
improvements may include, but not be limited to
playground equipment, picnic facilities, community
centers, sports fields, swimming pools and tennis
courts.
Park. 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:
1. Community Parks. Those parks that serve a minimum
population of 10,000 and are generally eight {8)
acres in size, or more, excluding greenbelts and
school grounds. Typical facilities include
community centers, athletic facilities, large
multi-use swimming poQls, picnic areas or cultural
centers. Community parks are owned and maintained
by the City and serve residents' of the entire
City.
2. Public Neighborhood Parks. 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.
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Ordinance No.
Page 3
3. Private Neighborhood Parks. Those parks that serve
· the immediate subdivision]development or specific
.planned community in which they are located and are
a minimum of three (3) acres in size. Typi_cal
facilities include passive and active play areas,
swimming pools, spas, tennis courts and club
houses. Private neighborhood parks are owned and
maintained by a homeowner's association.
(2) Recitals. 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 park or recreational facilities to
serve the subdivision.
(3) 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 subsection.
(4) 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
Act.
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 five
{5) years old and no new dwelling units are added.
3.Commercial subdivisions.
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.
(5) Standards and Formula for Land Dedication
a. Three (3) acres of usable park land per one thousand
{1,000) potential population is the local park standard
to be provided by the requirements of this section.
b. When the requirements of this section are complied with
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Ordinance No.
Page 4
(6)
solely on the basis of the dedication of park land, the
minimum amount of land to be provided shall be computed
by multiplying the number of proposed dwelling units by
the park land acres per dwelling unit in accordance with
the appropriate density classification in the following
table:
Dwelling Units Persons Per
Per Net Acre Dwelling Unit
0-4 4.2
4.1-7 3.4
7.1-15 2.8
15.1-25 2.2
25.1+ 1.9
Park Land Acres
Per Dwelling Unit
.0126
.0102
.0084
.0066
.0057
Fees in lieu of dedication. When there is no publiJ 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 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 voluntarily 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 dedication, 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 determination 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 th~ fees are required. If more than one {1) year
elapses between the appraisal and recording of the final map,
the City will prepare a new appraisal and will invoice the
subdivider for cost of the reappraisal. For purposes of this
chapter, the determination of the fair market value of a
buildable acre shall consider, but not necessarily be limited
to, the following:
a. approval of and conditions of the tentative subdivision
map
b. the general plan
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Ordinance No. 9^.
Page 5
(7)
(8)
c. zoning
d. property location
e. off-site improvements facilitating use of the property
f. ~ite 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.
Combination of dedication and fees. Whenever the
requirements of .this Subsection (7) are complied with b9 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 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 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 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 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 or 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 provision of the
recreational element of the General Plan, and are
approved by the City Council; and
f. That the open space for which one hundred (100%) percent
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Ordinance No. 9'
Page 6
Credi
&.
credit is given is a minimum of three (3) acres and
provides at least three of the park basic elements
listed below, 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 five (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 area~, 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 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
three {3) acres when deemed beneficial to the community
by the City Council upon the recommendation of the
Planning Commission.
Because private common areas meet only 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 conclusive.
t for developed public park and recreational facilities.
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)b,
the City Council shall credit the value of the
improvements together with any equipment located thereon
against the payment of fees or dedication of land
required by this ordinance.
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Ordinance No. ~ ~
Page 7
b. Credit shall not be allowed for single-purpose
commercial recreation facilities whether dedicated or in
private ownership.
{10) 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. 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, improve the park land, 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 Commission shall
determine as a part of such approval, whether to
require a dedication of land within the
subdivision, payment of a fee in lieu thereof,
accept improvement, or a combination of methods.
3. Prerequisites for approval of final map. 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 recreational
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.
b. Determination. Whether the City Council accepts land
dedication or elects to require 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 location 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.
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Ordinance No. ~ '
Page 8
(11) 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 reqgired 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 Development
to verify that the requirements of this Code are
co~plied 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 issqance of a building
permit.
d. The Director of Community and Administrative Services
shall prepare for Council approval a schedule 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
prior to recording the final map.
(12) 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 relationship
to the use of the park and recreational facilities by the
future inhabitants of the subdivision, the community, and the
general area from which it is received. (Ord. No. 841,
Secs. 1--10, 3-2-81; Ord. No. 847, 6-1-81) Ord. No. 921 ,
1984.
PASSED AND ADOPTED at a regular meeting of the Tus%in City Council held on
the day of
Ursula E.,Kennedy, Mayor
ATTE ST:
Mary E. Wynn, City Clerk