HomeMy WebLinkAboutNB 6 PARK LAND DEDICATE 2-2-81DATE:
TO:
FROH:
SUBJECT:
February 2, 1981
NEW BUSINESS
No. 6
2~2~81
Inter-Corn
HONORABLE MAyoR and COUNCIL
R. K. FLEAGLE
Park Land Dedication Requirements
The Community Development. Director and City Attorney have advised the City
Council that the Park Land Dedication Ordinance (Section 9376, et.seq.,
Tustin City Code) is out ~f date and inappropriate for present circumstances.
A revision of the Ordinance maintains the existing standards for park land
requirements but recognizes the changing household densities and the revised
enabling provisions of the California's Subdivision Map Act.
The existing ordinance requires the payment of fees based upon the market
value of the land being developed. This requirement creates an inequity as a
result of the change in assessement practices since Propostion 13. The
revised Ordinance changes the fee schedule to a fixed fee as adopted by a
Resolution of the Council, which can be amended annually to reflect changing
land values. It retains the criteria of the contribution being related to park
needs based upon populatDon density.
The proposed schedule of fees in calulated at $i0.00 per sq. ft. land value as
an arbitrary base. It should be noted that the fee is still below the county
median and is not considered unreasonable. However, it is expected that
future park lands will be acquired by dedication rather than by in lieu fees.
RECOMMENDED ACTION:
It is recommended that the Council authorize scheduling consideration of draft
Ordinance No. 841 and Resolution No. 81-7 for the next regular meeting of the
Council on February 16, t981.
R.K. Fleagle
Community Development
Consultant
RKF/hn
cc: City Attorney
Enclosures: Draft Ord No. 841
Draft Resolution 81-7
DATE:
TO:
FROM:
SUBJECT:
January 23, 1981 Inter-eom
James G. Rourke, City Attorney
R.K. Fleagle, Community Development ConsultantO?'~'
Park Land Dedication Ordinance
The Park Land Dedication Ordinance h~s been revised and is forward for your
review. I believe that it is consis'tent with the requirements of the
SubHivision Map Act and can be defended.
R.K. Fleagle
Community Development
Consultant
RKF/hn
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RESOLUTION NO. 81-7
A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING ~EES IN LIEU OF
PARK LAND DEDICATION.
The City Council of the city of Tustin, California does hereby resolve
as follows:
The City Council finds and determines as follows:
A. The following fees are hereby established pursuant to Ordinance
841 to be paid on a ~r unit basis as a condition of subdivision
approval in lieu of ~ark Land Dedication:
Density Range per Acre
Per Unit Fee
0 -~4. $5OO.OO
4.1 - 7 480.00
7.1 - 15 400.00
15.1 - 25 300.00
25.1 + 250.00
PASSED Ah~ ADOPTED at a regular meeting of the City Council held on the
day of 1981.
Donald J. Saltarelli
Mayor
ATTEST:
Mary E. Wynn
City Clerk
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ORDINANCE NO. 841
AN ONDINANCE 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 h~reby find, determine, and declare as follows:
Pursuant to the authority of Section 66477 of the
Subdivision Map Act, the dedication of land, the
p~yment 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.
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 ~urpose of ~roviding park or recreational
facilities 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 Act.
Exceptions. Park land dedications or fees in lieu
thereof shall not be required for the following:
1. Industrial subdivisions.
Condominium projects or stock cooperatives in~ an
existing apartment building which is more than
five years old and no new dwelling units are
added.
Shopping centers containing more than 300,000
square feet of gross leaseable area with no
residential development or uses.
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.
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SECTION 4.
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 th~ 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.
STkNDARDS AND FORMULA FOR DEDICATION OF LAND.
Dwelling Units
Per Gross Acre
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 o~ proposed dwelling units by the park
land acres per dwel~[ing unit in accordance with the
appropriate density classification in the following
table:
Persons per Park Land Acres
Dwelling Unit Per Dwelling Unit
0 - 4 4.0 .016
4.1 - 7 3.4 .013
7.1- i5 2.75 .011
15.1 - 25 2.0 .008
25.1 + 1.5 .007
SECTION 5.
SECTION 6.
SECTION 7.
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
required for park purposes in accordance with the schedule
of fees as adopted by Resolution of the City Council.
COMBINATION OF DEDICATION AND FEES:
Whenever the requirements of this Section 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
determining the required amount of park land in accordance
with the provisions of Section 4 and subtracting the amount
of park land actualiv ~orov~ded.' The remainder shall be
converted to "fee" ena per unit basis in accordance with
the provisions of Section 5.
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:
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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
That the private ownership and maintenance of the open
space is adequately provided for by written agreement;
That ithe use of the private open space is restricted
for ~ark 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 ~
That the proposed private open soace 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 p~ovisions of the
recreational element of the General Plan, and are
approved by the City Council; and
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 im0rovements that will
meet the specific recreation-park needs of the future
res{dents 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 basketball, 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
jogging.
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.
Procedure. The procedure for determining whether the
subdivider is to dedicate land, pay a fee, or both,
shall be as follows:
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SECTION 9.
SUBDIVIDER. At the time of filing a tentative
tract map for approval, the owner of the property
shall, as a ~art 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.
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.
PREREQUISIT!ES FOR APPROVAL OF FINAL MAP. Where
dedicatio~is required it shall be accomplished in
accordances!with the provisions of the Subdivision
Map Act. ~here 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-
aneouslv with the final tract map.
DETERMINATION. V~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:
Recreational element of the City's General Plan;
and
2. Topography, geology, access and location of land
in the subdivision available for dedication; and
Size and shape of the subdivision and land
available 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.
RESPONSIBILITIES AND ENFORCEMENT.
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.
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SECTION i0.
SECTION 11.
It is the duty of the Community Development Director to
verify that the req~irements of this Code are complied
with, and to notify all interested parties and agencies
of such compliance.
It is the duty of the Building Official to enforce the
provisions of this Code that are applicable to the
issuance of a building permit.
The Director of Community Services shall prepare for
Council approval a schedule specifying how and when it
will use the land or fees, or both, to develop park or
recreation facilities. Fees shall be committed within
five y&ars of collection.
LIMITATION ON USE OF LAND AND FEES. The land and
fees received under this ordinance shall be used only for
the p~rpose 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.
CERTIFICATION.
PASSED AND ADOPTED at regular meeting of the City
Council, City of Tustin, California, held on the__
day of , 1981.
ATTEST:
Donald J. Saltarelli
Mayor
Marv E. Wynn
City Clerk