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HomeMy WebLinkAboutORD 635 (1974) ORDINANCE NO. 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. THE CITY COUNCIL OF THE CITY OF TUSTIN DOES ORDAIN AS FOLLOWS: SECTION 1. RECITALS. That the City Council of the qity of TUSTIN, does hereby find, determine and decl'ar~ as follows: (a) In 1965, the Legislature of the State of California, amended the Subdivision Map Act (Section 11500 et seq. of the Business and Professions Code) so as to enable cities and counties to require either the dedication of land, the payment of fees, or a combineL tion 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 dedicat~ 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 facil- ities to serve future residents of such Subdivision. Park & Recreational Land in Subdivisions Wage 2 - 4/9/71 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 Califor- nia, except subdivisions for which tentative subdivision maps have been filed within thirty (30) days after the effective date of this ordinanc~ and industrial subdivisions. . SECTION 4. RESPONSIBILITY AND ENFORCEMENT . The City Council hereby declares that it is the duty-and the responsibility of the public and of all levels of governments, including Federal, State, county, city and special districts, to preserve and enhance the quality of the physical environment, and further, that it is the duty and the resp6nsi- bility of the city to provide local park facilities for the residents of the city. (a) It is the responsibility of each property owner who proposes to establish a dwelling unit or units, or increase the number of dwelling units, on his prop- erty, and of each person who proposes to creat~ resi- dential 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 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.' Park & Recreational Land in S~divisions 'Page 3 - 4/9/71 (b) It is the duty of the Community Development Director 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 Building Official to enforce the provisions of this Code that are applicable to the issuance of a building permit. SECTION 5 - GENERAL PROVISIONS. (a) Any person who proposes to divide real property for the purpose of creating residential building sites, shall pay a park fee or provide park land in accordance with the requirements of this Code. -- (b) Any person who proposes to construct or establish resi- dential dwelling units on a building site as a'result of , an increase in permitted density as authorized by the Planning Commission and/or City Council, shall pay a park fee or provide park land in accordance with the requirements of this Code. (c) The public intere~st, convenience, health, welfare and safety require that approximately 7 ~ acres of property, for each one thousand (lf000) persons residing with the city be devoted to public park and recreational purposes. Park & Recreational Lan~t in Subdivisions 'p~ge 4 - (d) Said requirement will bg satisfied in part by cooperative arrangements between the city and the local school ~istrict's to make available three (3) ,.~' acres of property for each 1,000 persons residing within the community for park and recreational purposes. (e) The remaining four (4)' acres of the required .seven (7) acres shall be supplied by the requirements of this ordi- nance. (f) It is the intent of the City Council whenever feasible, tO develop local parks within ½ mile of the residential prop- erties from which the funds for subh development were derived. SECTION 6 - COMPLIANCE WITH THIS CODE - SUBDIVISIONS AND DIVISIONS OF LAND. Except as modified and or excepted as provided in this ordinance, the requirements of this Section may be complied 'with by the provision of park land, the payment of a park fee, or a combination of park land and park fee, in accordance with the prpvisions of the following: (a) AMOUNT OF PARK LAND REQUIRED - When the requirements of this Code are complied wit~ solely on the basis of providing park land, the minimum amount of land to be provided shall be com- puted 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: Park & Recreational Land in Subdivisions Page 5- 4/9/71 Dwelling Units Persons per Park Land Acres Per Gross Acre Dwelling Unit Per Dwelling Uni Up to 6.5 3.75 I--. .009 6.6 to 15 .'5 3.20 .008 15.6 to 25.5 2.10 .005 25.6 and up 1.90 .0046 b. ~OUNT OF PARK FEES REQUIRED - Whenever the requirements of this Section are complied with solely on the basis of the payment of park fees, the amount of such fees shall be computed by multi- .plying the number of proposed dwelling units.by the acres per dwelling unit shown in the table in Section 6 A and by multi- plying the resultant acreage amount by the full cash value Of the land being developed, per acre as determined by the latest equalized assessment roll. The assessed value shown in the equalized assessment roll shall be deemed to be 25 percent of the full cash value. c. AMOUNT OF PARK L/~ND 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 by determining the required amount of park land in accordance with the provisions of Section 6 a and subtracting-the amount of park land actually provided. The remainder shall be converted to "fee in accord- ance with the provisions of Section 6 b. Park & Recreational Land in Subdivisions "'- -Page 6 - 4/9/71 ~vised 5/19/71) SECTION 7 - 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 site created prior to the adoption o.f this ordinance, or created by parcel map subsequent to the adoption of this ordinance, and the authorized density is increased by action of the Planning Co~mission~ · City Council above that authorized by the ZOning Ordinance (Ordinance No. 157, as amended) at the effective date of this ordinance, he shall pay a park fee in accordance with the following'schedule: Duplexes $225. per dwellin~ unit Multiple family dwellings 100. per dwelling unit For bedrooms over one 50. oer 'bedroom Mobilehome Park Pads 100. per oad SECTION 8 - CREDIT FOR PRIVATE OPEN SPACE - Where.private onen space for park and recreational purposes is provided in a proposed sub- division 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 pur- poses, 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) ~hat yards, court.areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall'not be included iD the computation of such private open space; and (b) That the private ownership and maintenance of the open space is adeqhately provided for by written agreement; and (c)' That the_use of the private open space is restricted Park & Re -~tional Land in Subdivis s Page 7 - 4/9/71 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 consider- ation such factors as size, shape, topography., geology, access, 'and location of the private open space land; and (e) That facilities proposed for the open. space are in sub~ stantial accordance with the provisions of the recreational element of the general plant and are approved by the City COuncil. -SECTION 9. CHOICE OF LAND OR FEE (a) PROCEDURE. The procedure for determining Whether the sub- divider is to dedicate land, pay a fee, or both, 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 p~rt 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. Is 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 a.-'~:-~_r-. valt the Planninq Commission shall determine ~s a part o~_ such a~,~r. val, whether to require a dedication of land within the sUbc~ivision, Park & t<ecreatlonal. bang in bLLO(]lVlSlOns Page 8 - 4/9/'~ payment of a fee in lieu thereof, or a combination of both. " (3) PREREQUISITES FOR APPROVAL OF FINAL-~P. Where dedica- tion is required it shall be accomplished in accordance with the provisions 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 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 con- temporaneouSly 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 (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, or whether a fee ~hall be charged, or a combination thereof, shall be final and conclusive. On subdivisions involving fifty (50) lots or-less, only the paynent of fees shall be required SECTION 10. TIME OF COMMENCEMENT. At the time the final tract map is approved, the City Council shall designate the time when development of the park and recreational facilities shall be commenced. Park & R~ Ational Land in SubdiVi~ ~ Page 9 - 4/9/71 When fees are paid in lieu of p~k land dedication, initial develop-~ ment of local park facilities shall begin at such time as there are; sufficient funds available to the City Council to acquire the land, to install the necessary improvements and facilities, and to main- tain them in a neat and orderly manner. SECTION 1t. LIMITATION ON USE OF LAND AND FEES. The land and fees received under this ordinance shall be used only for the purpose of providing park an~ recreational facilities to serve the subdivision for 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. SECTION 12 - CERTIFICATION PASSED AND ADOPTED at a regular meeting of'the City Council of the City of Tustin, California, held on the 16th day of September, 1974. ~ YOR ATTEST CITY C~ STATE OF CALIFORNIA) COUNTY OF GRP~GE ')SS CITY OF TUSTIN ) RUTH C. POE, City Clei and ex-officio Clerk of the City C~uncil of the City of Tustin, California, does hereby certify that the whole number of me~ers of the City Council of the City of Tustin is five~ 'that the above and foregoing Ordinance No. 635 was duly and regularly introduced and read at a regular meeting oft'~ity Council held on the 3rd day of September , 1974 ,.and. was given its second reading and duly passed and adopted at a regular meeting held on the 16th. day of September , 1974, by the following vote: .AYES: COUNCILMEN LANGLEY, SHARP, SALTARELLI, WE~H, EDGAR NOES: COUNCILMEN NONE ABSENT: COUNCILMEN NONE ~'it~ Cle~., C'ity of Tusti~,"~Ca'lifornii publish Tustin News September 26, 1974