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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, 5 /// /// 6 /// /// 7 III /// 8 /// /// 9 /// /// mo /// /// mm /// /// z~ /// /// m3 i// /// m4 /// /// m5 /// /// m6 /// /// m? /// /// ms /// /// m9 /// /// ~o /// /// ~ /// /// ~ /// /// ~ /// /// ~ /// /// ~5 t// /// ~6 /// /// ~7 /// /// ~8 /// 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