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HomeMy WebLinkAboutNS-1195ORDINANCE NO. NS-1195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND, BY ADDING ARTICLE VIII ENTITLED "REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND," TO CHAPTER 34 ENTITLED "SUBDIVISIONS." SECTION l: The Santa Ana Municipal Code is hereby amended by adding an article to Chapter 34 to be numbered Chapter 34, Article VIII, consisting of Sections 34-200 through 34-214. Sec. 34-200. Purpose. This article is enacted pursuant to the authority granted by Sections 11510 and 11546 of the Business and Pro- fessions Code of the State of California. The park and re- creational facilities for which dedication of land and/or the payment of a fee is required by this article are in accordance with the Open Space element of the general plan of the City of Santa Ana as adopted by the City of Santa Ana on November 18, 1973 and as amended hereafter from time to time. Sec. 34-201. Requirements. As a condition of approval of final subdivision map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park and recreational purposes at the time and according to the standards and formu- la contained in this Article. Sec. 34-202. General Standard. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that two (2) acres of property for each thousand persons residing within this city and as may be amended hereafter from time to time be devoted to local park and recreational purposes. Sec. 34-203. Definitions. shall have the meanings assigned specifically provided otherwise. The words used in this Article to them in this section unless a. Fair Market Value. "Fair Market Value" shall be: (1) The value of the property based upon the assessed value at the time of the filing of the final map modified to equal market value in accordance with current practices of the County Assessor or, (2) If either the subdivider or the city objects to such valuation either, or both may, at its own expense, obtain an appraisal of the property by a qualified real estate apprai- ser. Said appraiser is to be approved by the City Council, which appraisal may be accepted by the City Council as "Fair Market Value" if found by the City Council to be reasonable. ORDINANCE NO. NS-l195 PAGE TWO (3) Any value agreed upon by the City and sub- divider based upon information qained from subsections (1) and/or (2) above, provided it is not less than the value determined in either (1) and (2) above. b. Mobile Home Park Any area where one or more lots or held out for rent to be occupied by a home, camper or similar vehicle. or spaces are rented house trailer, mobile c. Net New Residential Unit(s) Any increase in the number of residential units con- structed on any given piece of real property. d. Residential Unit A single family dwelling, a dwelling unit in a com- plex, apartment house or dwelling group, and any other place designed for human occupancy which contains a kitchen, and any space in a mobile home park designed or intended for a house trailer, mobile home, camper, or similar vehicle, the term "residential unit" specifically excludes any building or structure designed or intended to be occupied or used for business or commercial purposes, such as sleeping rooms in hotels and motels without kitchens or kitchen facilities. Sec. 34-204. Standards and Formula for Dedication of Land. The formula for determining acreage to be dedicated shall be as follows: Dwelling Zoning Assumed Persons Per Standard Square Type District Density Dwelling Acres To Feet To Units Unit Be Dedica-Be Dedi- Per Acre ted Per cated Per Dwelling Dwelling Unit Unit Single Family R-1 3-7.3 4.0 .008 348.5 and R-1PRD Duplex, Low R-2 8.14 3.0 .006 261.4 Density Apts. R-2PRD Med. & High R-3 To Be Density Apts. R-3H Deter- R-4 mined R-4PRD 2.4 .005 209.1 Dedication of the land shall be made in accordance with the procedures contained in Sec. 34-211 hereof. The basis for determining the total number of dwelling units shall be the number of such units permitted by the City on the property included in the subdivision at the time the final subdivision tract map is filed with the City Council for approval. If any increase in the number of dwelling units is subsequently made, the city building department shall require an additional dedication or an additional payment of fees in lieu to com- pensate for the added density. ORDINANCE NO. NS-l195 PAGE THREE Sec. 34-205. Formula for Fees in Lieu of Land Dedication. a. General Formula If there is no park or recreation facility designated in the General Plan for park and recreation to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Sec. 34-204 hereof, and in an amount determined in accordance with Sec. 34-207 hereof, such fee to be used for a local park which will serve the residents of the area being subdivided. b. Fees in Lieu of Land Fifty Parcels or Less. If the proposed subdivision is fifty (50) parcels or less, the subdivider shall pay a fee equal to the value of the land constituting that portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in Sec. 34-204 hereof, and in an amount deter- mined in accordance with Sec. 34-207 hereof. c. Use of Fees. The money collected hereunder shall be used only for the purpose of providing park or recreational facilities reason- ably related to serving the subdivision by way of the purchase of necessary land or if the City Council deems that there is sufficient land available for the subdivision, for improving such land for park and recreational purposes. d. Park Acquisition and Development Fund. Fees paid under the requirements of this Article shall be placed in a special fund to be known as the "Park Acquisi- tion and Development Fund," which fund shall carry area desig- nations. A separate fund is established and shall be maintained for each local park acquisition and development area and shall be established as an accounting fund upon the receipt of the first fees paid for each of said local areas. Monies in such fund shall be expended for the acquisition or construction of local park and recreation facilities within the area which the fund relates. By the establishment of these local park acquisi- tion and development areas, the City Council is making the determination that the expenditure of fees collected pursuant to this Article from subdivisions within each local area, will serve the residents of the subdivision from which the monies have been collected. e. Designation of Fund. The local park acquisition and development areas shall contain all territory as shown, and said areas are bounded as shown in the eleven ell) separate maps which are on file in the office of the Clerk of the Council and which are by this reference made a part hereof as though fully set forth herein, each of which said maps bears the names of one of said areas and clearly describes the exterior boundaries of said area, each of said areas is fixed as shown on the map bearing the name and number of said local park acquisition and development area. ORDINANCE NO. NS-1195 PAGE FOUR f. Amendments. When an existing local park acquisition and deve- lopment area is amended to add territory thereto or a new area is created and such amendment has been in effect for a period of thirty (30) days, this Article shall apply to the territory so added as though said territory had been in a local park acquisition and development area on the effective date thereof. Sec. 34-206. Criteria for Requiring Both Dedication and Fee. In subdivision shall both dedicate accordance with the of over fifty (50) lots, the subdivider land and pay a fee in lieu thereof in following formula: a, General Standard When only a portion of the land to be subdivided is proposed in the Open Space Element of the General Plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to Sec. 34-207 hereof shall be paid for any additional land that would have been required to have been dedicated pursuant to Sec. 34-204 hereof. b. Where Only Small Portion to be Dedicated. When any portion of the local park or recreational site has already been acquired by the City and only al portion of land isneeded from the subdivision to complete the site, such remaining portions shall be dedicated and a fee computed pursuant to Sec. 34-207 hereof shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to Sec. 34-204 hereof, such fee to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision. Sec. 34-207. Amount of Fee in Lieu of Land Dedication. Where a fee is required to be paid in lieu of land dedi- cation, the amount of such fee shall be based upon the "fair market value" of the amount of land which would otherwise be required to be dedicated pursuant to Sec. 34-204 hereof. The fee shall be paid pursuant to the provisions contained in Sec. 34-211 hereof. Fair market value shall be determined at the time of filing the tentative map. Sec. 34-208. Subdivision not within General Plan. Where the proposed subdivision lies within an area not within but to be included within the city general plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the city general plan and in accordance with the provisions of this Article. ORDINANCE NO. NS-1195 PAGE FIVE Sec. 34-209. Determination of Land or Fee. 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: a. Open Space element of city's general plan. b. Topography, geology, access and location of land in the subdivision available for dedication. c. Size and shape of the subdivision and land available for dedication. d. The feasibility of dedication. e. Compatability of dedication with the master park and recreation plan. f. Availability of previously acquired park property. g. Population. The Planning Department shall make a recommendation based upon the above mentioned factors. 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. Sec. 34-210. Partial Credit. for Private Open Space. Where private open space for park and recreational pur- poses is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 25%, may be qiven against the requirement of land dedication or payment of'~es in lieu thereof if the City Council finds that it is in the public interest to do so and that all the following standards are met: (a) that yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the compu- tation of such private open space; and (b) that the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; and (c) that the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with theland in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successor; 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, and location; and ORDINANCE NO. NS-1195 PAGE SIX (e) that facilities proposed for the open space are in substantial accordance with the provisions of the Open Sapce Element of the General Plan. Sec. 34-211. Procedure. At the time of approval of the tentative subdivision map, the City Council shall determine pursuant to Sec. 34-209 hereof the land to be dedicated and/or fees to be paid by the subdi- vider. At the time of the filing of the final subdivision map, the subdivider shall dedicate the land or pay the fees as previously determined by the City Council. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final subdivision map and shall be recorded contempo- raneously with the final subdivision map. Sec. 34-212. Commencement of Development. At the time of the approval of the final subdivision map the City Council shall specify when development of the park or recreational facilities shall be commenced. Sec. 34-213. Refunds. Any fee paid to the city under this Article for any resi- dential unit or any space in a mobile home park which is not constructed shall be refunded upon application of the deve- loper upon a showing to the satisfaction of the director of finance that the residential unit or space in a mobile home park has not been constructed. The director shall retain up to 10% of the fee to reim- burse the city for any and all costs or expenses incurred because of or in reliance upon the expected subdivision im- provement. If land has been dedicated pursuant to this Arti- cle, the director shall require a cash amount of up to 10% of the value of said land to be paid to reimburse the city for any and all costs or expenses before the land is recon- veyed to the subdivider. Sec. 34-214. Industrial Subdivision. The provisions of this Article shall not apply to indus- trial subdivisions. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. ORDINANCE NO. NS-1195 PAGE SEVEN SECTION 3: The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. SECTION 4: This Ordinance shall take effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its adjourned regular meeting held on the 11 day of March , 1974. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- qoing Ordinance was introduced to said Council at its adjourned regular meeting held on the 25 day of February , 1974, and was again considered by said Council at its adjourned regular meeting held on the 11 .day of March , 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN: Evans, Yamamoto, Markel, Garthe, Patterson, Ward, Griset COUNCILMEN: None ABSENT, COUNCILMEN: None APPROVED AS TO FORM: I