HomeMy WebLinkAboutORD 685 (1976) 133
ORDINANCE NO. 685
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.
TIlE CITY COUNCIL OF TIlE 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) In 1965, the Legislature of the State of-California,
amended the Subdivision Map Act (Section 1].500 et seq. of
the Business and Professions Code) so as to enable c~ties
and counties to require either the dedication of land, the
payment of fees, or a combination of both, for park or
recreational purposes as a condition of approval of a
subdivision map; and
(b) Before a city or county may avail itself of said
Act, it must have a general plan containing a recreational
element with definite principles and 'standards for the park
and recreational facilities to serve the residents of the
city or county; and
(c) The City Council of the City of Tustin has adopted
a general plan containing such recreational element.
SECTION 2. SUBDIVIDERS MUST PROVIDE PARK AND RECREATIONAL
FACILITIES. Every subdivider who subdivides land shall dedicate
a portion of such land, pay a fee, or do both, as set forth in
this ordinance for the purposes of providing park and recreational
facilities to serve future residents .of such subdivision.
SECTION 3. APPLICATION. The provisions of this'ordinance
shall apply to .all subdivisions, as that phrase is defined in
Section 11500 et seq. of the Business. and Professions Code of the
State of California, except subdivisions' for which tentative
subdivision maps have been filed within thirty (30) days after
the effective date of this ordinance, and industrial subdivisions.
134
1 SECTION 4. RESPONSIBILITY AND ENFORCEMENT. The City
2 Council hereby declares that it .is the duty and the responsibility
3 of the public and_of all levels of government,-including Federal, _
4 State, county, city and special districts, to preserve and
-5 enhance the quality of the physical environment, and further,
6 that it is the duty and the r&sponsibili~y of the city [o'provide
V local park facilities for the residents of the city.
8 (a) It is the responsibility of each property .owner
9 who proposes to establish a dwelling unit or units, or
10 increase the number of dwelling units, on his property, and
11 of each person who proposes to ~reate residential building
12 sites to provide an equitable portion of the necessary park
~3 lands as required by this Code.
' 14 Preparations for the provision of park lands and
15 the payment of fees shall commence. at the earliest possible
16 instance of land development planning. Where park land is
~7 to be provided, such provisions shall be included, where
18 applicable, in zone changes, planned community texts and
19 development plans, tentative and final tract maps, division
20 of land and parcel maps, and conditional use permits.
21 (b) It is the duty of the Community Development Directo
2Z to verify that the requirements of this Code are complied
23 With, and to notify all interested parties and. agencies of
24 such compliance.
25 (c) It is the duty of the Building Official to enforce
26 the provisions of this Code that are applicable to the
27 issuance of a building permit.
28 SECTION 5o GENERAL PROVISIONS.
29 (a) Any person who proposes to divide real property
30 for the purpose of creating residential building sites,
31 shall pay a park fee or provide park land in accordance with
3Z the requirements of this Code.
-2-
135
1 (b) Any person who proposes to construct or establish
2 residential dwe.lling units on a building site as ~ result of
_. 3 an increase in permitted.density as authorized by the
4 Planning Commission and/or City Council, shall pay a park.
5 fee or provide park land in accordance with the requirements
6 of this'Code.
7 (c). The public interest, convenience, health, welfare
8 and safety require that approximately 7 acres of property,
9 for each one thousand (1,000) persons residing with the city
10 be devoted to public park and recreational purposes
11 (d) Said requirement will be satisfied in part by
12 cooperative arrangements between the city'and the local
13 school districts to make available three (3) acres of
14 property for each 1,000 persons residing within'the community
15 for park and recreational purposes.
16 (e) The remaining four (4) acres of the required seven
17 (7) acres shall be supplied by the requirements of this
18 ordinance.
19 (f) It'is the intent of the City Council whenever
20 feasible to develop local parks within 1/2 mile of the
Z1 residential properties from which the funds for such developm
were derived.
~5 SECTION 6. COMPLIANCE WITH THIS CODE - SUBDIVISIONS
~4 AND DIVISIONS OF LAND. Except as modified and or excepted as
Z5 provided in this ordinance, the requirements of this Section may
26 be complied with by the provision of park land, the payment of a
27 park fee, or a combination of park land and park fee, in accordanc
"' ~8 with the provisions of the following:
. 29 (a) AMOUNT OF PARK LAND REQUIRED - When the requirement
30 of this Code are complied with Solely on the basis of
31 providing park land, the minimum amount of land to be
32 provided shall be computed by multiplying the number of
-3-
136.
proposed dwelling units by the park land acres per dwelling
unit in accordance with the appropriate density Classificatio
in the following table:-
4 Dwelling Units Persons per Park Land Acres
Per Gross Acre Dwel~i__n~__U~t Per Dwelling Unit
Up to 6.5 3.75 .015
6~6 to 15.5 3.20 .0128
15.6 to 25.5- ... 2110 .0084
8
25.6 and up 1.90' .0076'
9
(b) AMOUNT OF PARK FEES REQUIRED - Whenever the
l0
requirements of this Section are complied with solely on [L~~.
basis of the payment of park fees, the amount of such fees
shall be computed by multiplying thenumber of proposed
dwelling units by the acres per dwelling unit shown in the
table in Section 6(a) and by multiplying the resultant
acreage amount by the full cash value of the land being
developed~ per acre as determined by the latest equalized
17
assessment roll. The assessed value shown in the equalized
18
assessment roll shall be deemed to be 25 percent of the full
~9
cash value. _
Z0
(c) AMOUNT OF PARK LAND AND PARK FEES COMBINED -
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 ky de-termir
Z4
the required amount of park land in accordance with the
provisions'of Section 6(a) and subtracting the amount of
~6
park land actually provided. The remainder shall be con-
verted to "fee" in accordance wlth the provisions of SectiDnl
Z8
6(b) o
Z9
SECTION 7o COMPLIANCE WITH THIS CODE - UNSUBDIVIDED AND
PREVIOUSLY SUBDIVIDED LANDS - Whenever a property owner or
builder proposes to build, place, or otherwise establish dwelling
units on a building ~ite created prior to the adoption of this
-4-
137
ordinance, or created by parcel map ~ubsequent to the adoption of
this ordinance, and the authorized density is increased by action
o~ the Planning Commission and/or City Council above that authori~
ed by the Zoning Ordinance (Ordinance No. 157, as ~mended) at the
effective date of this ordinance, he 'shall pay a park fee in
accordance'with the following schedul.e:
Duplexes $225. per dwelling unit
Multiple family dwellings 100. per dwelling unit
For bedrooms over one 50.-per bedroom
Mobilehome Park Pads 100. per pad
SECTION 8. 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
ned 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 6(a) hereof, or
the payment of fees in lieu thereof, as set forth in Section 6(b)
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 restricte
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
-5-
138
(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, laccess~ including provisions for bicyctists, 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 ~'~
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)- chfldren's play apparatus area;
(2) landscape park-hike and quiet area;
(3) family picnic area;
(4) game court area (basketball, volleyball,
tennis) (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) jogging (par) 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 9. CHOICE OF LAND OR FEE.
(a) PROCEDURE. The procedure for determining whether
the subdivi~er is to dedicate land, pay a fee, or both,
-6-
139
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
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 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 withi'n ~he subdivision,
payment of a fee in lieu thereof, or a combination o.f
both.
(.3) PREREQUISITES 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
~eposited with the City prior to the approval. of the
final tract map. Open space covenants for private p~rk
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, or a combination of both, 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
-7-
140
1 (3) Size and shape of the subdivision and land
Z available for dedication.
3 The determination of the City Council as to
4 whether land shall be dedicated, or whether a fee shall be
5 charged, or a combination thereof, shall be final and
6 conclusive. On subdivisions involving fifty (50) lots or
7 less~ only the payment of fees shall be required.
8 SECTION-10. TIME OF COMMENCEMENT. At the time the. final
9 tract map is approved, the City Council shall designate the time.
~0 when development of the park and recreational facilities shall be
11 commenced. When fees are paid in iieu of park land dedication~
IZ initial development of local park facilities shall begin at such
13 time as there are sufficient funds available to the City Council
" 14 to acquire the land, to install the necessary improvements and
15 facilities~ and to maintain them in-a ne~t and orderly manner.
16 SECTION 11. LIMITATION ON USE OF LAND AND FEES. The land
17 and fees received under this ordinance shall be used only for th~
18 purpose of providing park and recreational facilities to serve
19 the subdivision for which received and the location o.f the land
20 and amount of fees shall bear a reasSnable 'relationship to the
21 use of the park and recreational facilities by the future inhabit~:
22 of the subdivision.
SECTION 12. CERTIFICATION
24 PASSED AND ADOPTED at a regular meeting of the City Council,
25 City of Tustin, California, held on the 19th day of July, 1976.
.~YOR
ATTEST:
30
CITY CLER(
32
TS/6
JGR:sl
6/23/76
-8-
141
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RUTH C. POE, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of members of the City Council
of the City of Tustin is five; that the above and foreg. oing
· Ordinance No. 6'85 was duly and regularly introduced and
read at a regular meeting of the City Council held on the
_ ~_b day'of _July , 1976 and was given its second
reading and duly pas~ed and adopted at a regular meeting
held on the 19~-h -day of July 1976, by the
following vote: ....
AYES: COUNCILMEN: EDGAR, SHARP; SALTARELLI, WELSH, SCHUSTER
NOES: COUNCILMEN: _NONE
ABSENT: COUNCILMEN :NONE
City Cle~K.~ City of Tustin, California
Publish Tustin News
July 29, 1976