Loading...
HomeMy WebLinkAboutNS-1526REL:ms 3/18/80 ORDINANCE NO. NS-1526 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 35-109, 35-110, 35-111, 35-112, 34-200, 34-201, 34-202, 34-203, AND 34-204 OF THE SANTA ANA MUNICIPAL CODE, ADDING SECTION 35-113 THERETO, AND REPEALING SECTIONS 34-205, 34-206, 34-207, 34-208, 34-209, 34-213, AND 34-214 THEREOF, TO REVISE RESIDENTIAL DEVELOPMENT FEES, AND TO ELIMINATE SUBDIVISION MAP FEES, IMPOSED FOR THE PURPOSE OF ACQUISITION AND DEVELOPMENT OF PARK AND RECREATIONAL LAND. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 35-109 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 35-109 Definitions For the purposes of this article, the words defined in this section shall have the meanings assigned to them: Residential development: the addition of net residential units or the conversion of apartments to condominiums. Residential unit: any single-family home, any separate occupancy unit in a two-family or multifamily dwelling building, any other structure 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; but excluding 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. Net residential unit: any increase in the number of residential units constructed on any given piece of real property. Mobile home park: any area where one or more lots or spaces are held out for rent or purchase to be occupied by a house trailer, mobile home, camper, or similar vehicle. Condominium: a residential unit in any of the following: (i) A condominium project, as defined in section 1350 of the Civil Code of the State of California. (ii) A community apartment project, a planned development, or a stock cooperative, as defined in sections 11003 through 11004 of the Business and Professions Code of the State of California. Apartment: a residential unit in a two-family or multi-family dwelling building which is not a condominium. SECTION 2: That section 35-110 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 35-110 Fees Any person adding net residential units or converting apartments to condominiums in the City of Santa Aha shall ORDINANCE NO. NS-1526 PAGE THREE pay to the City the following fees: (a) Five Hundred Twenty-Five Dollars ($525.00) for each net residential unit which is a single-family home. (b) Four Hundred Twenty-Five Dollars ($425.00) for each net residential unit which is a condominium. (c) Three Hundred Twenty-Five Dollars ($325.00) for each net residential unit which is an apartment. (d) Three Hundred Dollars ($300.00) for each net residential unit which is a lot or space in a mobile home park. (e) For conversion of apartments to condominiums, an amount which is the lesser of the following: (i) One Hundred Seventy Dollars ($170.00) for each resulting condominium; or (ii) Four Hundred Twenty-Five Dollars ($425.00) for each resulting condominium, less an amount equal to the total fees paid pursuant to this article for the same residential units at the time of construction as apartments. The fees hereby imposed are imposed under the police power to regulate residential development in the City of Santa Ana, for the purpose of preserving an appropriate balance between the demand by residents for use of park and recreational facilities and the availability of such park and recreational facilities and to preclude residential development which would create an excess demand on such facilities; and such regulatory authority for the fees hereby imposed is separate and apart from, and in addition to, the authority of the City to impose the said fees under its taxing power as an excise tax on the privilege of engaging in residential development. The distinctions in fees with respect to types of residential units are hereby found to reflect significant differences in the demand for use of public park and recreation facilities by the occupants thereof. SECTION 3: That section 35-111 of the Santa Ana Municipal Code, is hereby amended to read as follows: 35-111 PaYment of fees. The fees prescribed in section 35-110 for addition of net residential units shall be due and payable upon application to the City for a building permit for any construction which adds net residential units. No building permit shall be issued until such fees are paid. The fees prescribed in section 35-110 for conversion of apartments to condominiums shall be due and payable at the time of filing of the final or parcel map required for such conversion. No such map shall be approved until such fees are paid. SECTION 4: That section 35-112 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 35-112 Refunds Any fees paid to the City under this Chapter for any residential unit which is not thereafter added or converted shall be refunded upon application of the fee payer and a showing to the satisfaction of the director of finance that the proposed addition or conversion has been abandoned. ORDINANCE NO. NS-1526 PAGE THREE SECTION 5: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 35- 113, which said section reads as follows: 35-113 Exemption Any person otherwise subject to payment of fees pursuant to section 35-110 with respect to the residential development of a specific area of land, shall be exempt from such payment if the owner thereof offers to dedicate a portion thereof to the City for park or recreational purposes, and if the City Council determines to accept such dedication; provided, however, that, at any time prior to the acceptance of such an offer of dedication, the City and such person may enter into an agreement providing for payment of a stipulated monetary contribution to the appropriate park acquisition and development fund in addition to such dedication, in which case the exemption granted by this section shall be conditional upon such person's compliance with the terms and conditions of such agreement. SECTION 6: That the title of Article VIII of Chapter 34 of the Santa Ana Municipal Code, is amended to read as follows: ARTICLE VIII. REGULATIONS FOR DEDICATION OF LAND FOR PARK OR RECREATIONAL PURPOSES SECTION 7: That section 34-200 of the Santa Ana Municipal Code, Ks hereby amended to read as follows: Sec. 34-200 Purpose This article is enacted pursuant to the authority granted by section 66477 of the Subdivision Map Act, for the purpose of requiring the dedication of land for park and recreational element of the General Plan of the City of Santa Ana. SECTION 8: That section 34-201 of the Santa Aha Municipal code, is hereby amended to read as follows: Sec. 34-201 Requirements As a condition of approval of a final subdivision map for any subdivision containing more than fifty (50) parcels proposed for residential use, the subdivider may be required to dedicate land for park and recreational purposes at the time of approval of such final map according to the standards contained in this article. SECTION 9: That section 34-202 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 34-202 Standards Dedication of land shall be required under this article if the City Council finds and determines that the park or recreational facilities which the dedication is to provide are in accordance with definite principles and standards contained in the recreational element of the General Plan of the City of Santa Ana, and that the amount and location of the land to be dedicated bears a reasonable relationship to the use of the park or recreational facilities by the future inhabitants of the subdivision. Such findings, if made, shall be adopted by resolution of the City Council at the time of approval of the tentative map, which resolution shall also contain a schedule specifying how and when the City will use the land to develop park or recreational facilities. ORDINANCE NO. NS-1526 PAGE FOUR The requirement for dedication of land pursuant to this article is found to be necessary to promote the general standard of providing two (2) acres of property devoted parks and recreational purposes for each thousand (1000) persons residing within the City of Santa Ana. The standards set forth in section 34-204 shall determine the maximum proportion of any single subdivision which may be required to be dedicated for park or recreational purposes when such requirement is otherwise in accordance with the provisions of this article. SECTION 10: That section 34-203 at the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 34-203 Definitions (a) For purposes of this article, the term "recreational element of the General Plan of the City of Santa Ana" shall mean either of the following: (i) The open space element, as included in the "Land Use and Arterial Streets" portion of the General Plan of the City of Santa Ana. Any requirement for dedication of land pursuant to this article shall be deemed to be in accordance with definite principles and standards contained therein, if such land is designated therein for "parks, recreational, and open space" use. (ii) Such other definite principles and standards for the locations and proposed development of parks, parkways, playgrounds, and other recreation areas as may be included in the General Plan of the City of Santa Ana. (b) For purposes of section 34-204, the term "dwelling unit" means any single family dwelling or any separate occupancy unit within a duplex, multifamily building, or apartment complex, or separate ownership parcels within a mobile home park. Only the increase in the number of dwelling units on the land included within a subdivision shall be counted in determining the amount of land to be dedicated. SECTION 11: That section 34-204 of the Santa Aha Municipal Code, is hereby amended to read as follows: Sec. 34-204 Standards and formula for dedication of land. The formula for determining land to be dedicated shall be as follows: Dwelling Un~{ Type Assumed Assumed Land To Be Dedicated De-~-~i~ Persons Per Acre Per Unit Per Dwelling Unit Acres Square Feet Single-Family 3 to 7.3 4.0 .008 348.5 Duplexes 8.14 3.0 .006 261.4 Multi-family variable 2.4 .005 209.1 The basis for determining the total number of dwelling units shall be the maximum number of units permitted by the City on the property included in the subdivision, exclusive of parts to be dedicated, as of the time of filing of the tentative map. ORDINANCE NO. NS-1526 PAGE FIVE SECTION 12: That sections 34-205, 34-206, 34- 207, 34-208, and 34-209 of the Santa Ana Municipal Code, are hereby repealed. SECTION 13: That section 34-210 of the Santa Ana Municipal Code, Ks hereby amended to read as follows: Sec. 34-210 Partial 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 and maintained by the future residents of the subdivision, partial credit, not to exceed twenty- five (25%), may be given against the requirement of land dedication 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 computation 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 in the land in favor of the futures 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, topography, geology, access, and location; and (e) That facilities proposed for the open space are in substantial accordance with the provisions of the open space element of the general plan. SECTION 14: That section 34-211 of the Santa Ana Municipal Code, Ks hereby amended to read as follows: Sec. 34-211. Procedure At the time of approval of the tentative map, the City Council shall determine the land required to be dedicated, if any, by the subdivider. At the time of the filing of the final subdivision map, the subdivider shall offer to dedicate the land as previously determined by the City Council. The City Council may accept or reject such offer of dedication. 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 contemporaneously with the final subdivision map. ORDINANCE NO. NS~526 PAGE SIX SECTION 15: That sections 34-213 and 34-214 of the Santa Aha Municipal Code, are hereby repealed. SECTION 16: Any person otherwise subject to the fees imposed by section 35-110 as amended by this ordinance shall nevertheless be required to pay only such fees, if any, as were imposed by said section 35-110 prior to its amendment by this ordinance, if the residential units upon which the fees are computed are: (a) units proposed for new construction for which building permit applications have been filed with the City prior to the date of adoption of this ordinance and no further discretionary permits or approvals are required from the City for such construction as of such date. (b) units proposed for a conversion from apartments to condominiums for which a final or parcel map has been filed with the City, which is in compliance with a previously approved tentative map, prior to the date of adoption of this ordinance. SECTION 17: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision 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, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 215t day of April , 1980, by the following vote: AYES: NOES: COUNCILMEN:Bricken~ Griset~ Luxembourger, Serrato~ Ward~ Yamamoto COUNCILMEN: Markel ABSENT: COUNCILMEN: None ATTEST: APPROVED AS TO FORM: GOW, City Attorney