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Ordinance Number 493248 ORDINANCE NO.493 AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - PARKLAND DEDICATION STANDARDS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 9-4.3 OF THE MUNICIPAL CODE RELATING TO PARKLAND DEDICATION STANDARDS THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that: A. The City's Environmental Review Board has reviewed the amendment set forth herein, has determined that the amendment will not have a significant impact on the environment, has accordingly issued a Negative Declaration for the amendment, and has otherwise carried out all requirements of the California Environmental Quality Act as amended. The City Council hereby finds and certifies said actions as appropriate and correct. B. This code amendment will bring the City's Municipal Code parkland requirements into conformity with the recently adopted changes to Section 66477 of the California Government Code. Pursuant to said changes, this amendment includes modifications to the amount of parkland dedication required per every 1,000 persons brought into the City by a new residential development and to the average household size standards for each category of dwelling unit. C. A duly noticed public hearing has been held to receive and consided public testimony regarding the proposed amendment. SECTION 2. Amendment Text. A. Introduction Based upon the findings set forth in Section 1, preceding, the following amendment to the Municipal Code is hereby enacted: B. Amendment Article 3, Parkland Requirements, of the Municipal Code is amended to read as follows: "Article 3. Parkland Requirements -1- "Section 9-4.301. Authority. "The provisions of this Article are enacted pursuant to the authority granted by the California Government Code. The park and recreational facilities for which the dedication of land and/or the payment of a fee is required by this Article are in accordance with the Parks and Recreation Element of the General Plan. "Section 9-4.302. General requirements. "As a condition of the approval of a residential project, land shall be dedicated or a fee paid in lieu thereof, or both, at the option of the City, for park or recreational purposes in accordance with the standards and requirements set forth in this Article. "Section 9-4.303. General standards. "(a) Ratio of Parkland to Population. Section 66477 of the California Government Code specifies that up to five acres of parkland per 1,000 residents brought into a city by new development may be required to be dedicated, provided that at least a five -acre per 1,000 person ratio already existed in that city as of the last federal census. The last federal census, taken in April 1980, counted a San Juan Capistrano city population of 18,959. At that time, total neighborhood and community park acreage in the City was 105.6 acres. These quantities yield a ratio of 5.6 acres per 1,000 persons in the City. Thus, the required existing minimum five acres per 1,000 standard has been met. "In accordance with the preceding standards and computations and the City's finding that the public health, welfare, and quality of life require the continuation of the existing ratio of parkland to population, within the limitations of State law, five acres of land for each 1,000 persons residing within the City shall be devoted to local park purposes. "(b) Household Size. In order to compute the number of persons being brought into the City by a given residential project, it is necessary to multiply the number of dwelling units by an average household size standard for each type of dwelling unit. Section 66477 of the California Government Code states that the average size of each class of household shall be 'the same as that disclosed by the most recent available federal census.' In accordance with said requirements, the average household size for the City of San Juan Capistrano, as derived from the 1980 census, is: -2- "Single Family Detached dwelling units on indi- vidual lots: "Duplexes, townhouses, and attached units under indi- vidual ownership: "Mobilehomes and apartments: X50, 3.4 persons per dwelling unit 2.4 persons per dwelling unit 1.9 persons per dwelling unit "Section 9-4.304. Dedication of land. "Where a park or recreational facility has been designated in the Parks and Recreation Element of the General Plan and is 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 City may require the dedication of land for a local park sufficient in size and topography to serve the residents of the subdivision. "Section 9-4.305. Payment of fees. "(a) General formula. If there is no park facility designated in the Parks and Recreation Element of the General Plan 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 City may require, in lieu of land dedication, the payment of a fee equal to the value of the land prescribed for dedication computed in accordance with the provisions of Sections 9-4.304 and 9-4.308 of this Article. Such fee shall be used to.provide a park which will serve the residents of the new subdivision. "(b) Fees in lieu of land for less than 50 lots. On subdivisions of less than fifty (50) lots, a per unit fee shall be charged for all lots or dwelling units. Such fee shall be set by resolution of the Council. "(c) Use of fees. The fees collected pursuant to this Article shall be used only for the purpose of providing park or recreational facilities to serve the subdivision. Such fees shall be used for the purchase of necessary land or, if the Council deems there is sufficient land available for the subdivision, for improving such land for park and recreational purposes. -3- 251. "Section 9-4.306. Dedication of land and payment of fees. "In subdivisions of fifty (50) or more lots, the City may require the subdivider to dedicate land and/or pay a fee in lieu of park dedication in accordance with Sections 9-4.304 and 9-4.305. In no case, however, shall the total of land dedication and fee payment exceed the subdivision's park obligations computed in accordance with Section 9-4.303. "Section 9-4.307. Choice of dedication of land or payment of fees. "(a) Procedure. In subdivisions containing more than fifty (50) parcels, the procedure for determining whether the subdivider shall dedicate land, pay a fee, or both shall be as follows: "(1) Action of the City. At the time of the approval of the tentative map, the City Council shall determine, as a part of such approval, whether to require a dedication of land within the subdivision, the payment of a fee in lieu thereof, or a combination of both. 11(2) Prerequisites for the approval of final maps. Where dedication is required, it shall be accomplished in accordance with the provisions of the California Subdivision Map Act. Where fees are required, they shall be deposited with the City prior to the approval of the final map. Open space covenants for private park or recreational facilities shall be submitted to the City prior to the approval of the final map and shall be recorded contemporaneously with the final map. "(b) Determinations. Whether the City accepts the dedication of land, elects to require the _ payment of a fee in lieu thereof, or a combination of both shall be determined by the consideration of the following factors: "(1) The Parks and Recreation Element of the General Plan; "(2) The topography, geology, access, and location of the land in the subdivision available for dedication; "(3) The size and shape of the subdivision and the land available for dedication; 5Z "-(4) The feasibility of dedication; "(5) The compatibility of dedication with the Parks and Recreation Element of the General Plan; and "(6) The availability of previously acquired park property. "Section 9-4.308. Amount of fees in lieu of the dedication of land. "Where a fee is required to be paid in lieu of the dedication of land, the amount of such fee shall be based upon the average estimated fair market value for suitable parkland in the City. Such average estimated fair market value shall be set by resolution of the Council and shall be adjusted by the City to keep current with property appreciation. "Section 9-4.309. Subdivisions not within the General Plan. "Where the proposed subdivision lies within an area not included within the General Plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both in accordance with adopted park and recreation principles and the standards of the General Plan and in accordance with the provisions of this Article. "Section 9-4.310. 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 owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty (50%) percent, may be given against the requirement of the dedication of land or the payment of fees in lieu thereof if the City Council finds that it is in the public interests to do so and that all of the following standards are met: "(a) The yards, court areas, setbacks, and other open areas required to be maintained by the Municipal Code shall not be included in the computation of such private open space. "(b) The private ownership and the maintenance of the open space shall be adequately provided for by recorded written agreement, conveyance, or restrictions. -5- "(c) The use of -the private open space shall be restricted for park and recreation purposes by a recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City or its successors. "(d) The proposed private open space shall be reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location. "(e) The facilities proposed for the open space shall be in substantial accordance with the provisions of the Parks and Recreation Element of the General Plan. "(f) It shall be so stated in the Covenants, Codes, and Restrictions concerning the private open space that the City has the right of the review and approval of any modification to such open space. "Section 9-4.311. Schedule of Park Development. "In accordance with Section 66477 of the California Government Code, the City shall maintain, either as part of its Capital Improvement Program or separately, a schedule specifying 'how, when, and where it will use the land or fees, or both, to develop park or recreational fees to serve the residents of the subdivision' for which park fees have been paid or land dedicated. Therefore, pursuant to that requirement, any fees collected pursuant to this Article 3 shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not so committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision." SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. EM. SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this 20th day of September , 1983 , by the following vote, to wit: AYES: Councilmen Friess, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT:Councilman Hdor£er T�NTHONY L. LAND, MAYOR ATTEST: 2�2 CITY CLER STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 493 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on September 6th , 1983 , and adopted at a meeting held on September 20th , 1983. (SEAL) _ MARY ANN OVER, CITY CLERK -7- 255, STATE OF CALIFORNIA COUNTY --OF ORANGE ) ss. AFFIDAVIT OF POSTING - CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 79-2-21-7 and on the 23rd day of September 1983 , she caused to be posted: ORDINANCE NO. 493 being: AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ..wevTTTTTTT Tv+n T/'TTTIITT CTTTT11T1 DTIC AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 9-4.3 OF THE MUNICIPAL CODE RELATING TO PARKLAND DEDICATION STANDARDS in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The San Juan Hot Springs Dance Hall; The Orange County Public Library. CHECK LIST AY3/� RES. NO..- ..._.. Mayor has signed Clerk has signed City Seal stamped .... All blanks -typed in "Absent" .......... "Noes"..._.....' -fl._-...---... ------- ....------------- .,....... Typed in Official Record Book Posted to Classified Card Copies sent to.!! ------ ---"---. _------...------------ ---- -_ Legal Publication ordered to be published (date) ..._-------...._--._...._...---.._....---.._..__.... No. Affidavits --- _._.._.------ ...-----...---- ----- ---- No. Printed copies required ... ............ _....-.-. Remar .............. ........6_ ..............................- -- ..... Clerk MARY ANNO R, it San Juan apistrano, California CHECK LIST AY3/� RES. NO..- ..._.. Mayor has signed Clerk has signed City Seal stamped .... All blanks -typed in "Absent" .......... "Noes"..._.....' -fl._-...---... ------- ....------------- .,....... Typed in Official Record Book Posted to Classified Card Copies sent to.!! ------ ---"---. _------...------------ ---- -_ Legal Publication ordered to be published (date) ..._-------...._--._...._...---.._....---.._..__.... No. Affidavits --- _._.._.------ ...-----...---- ----- ---- No. Printed copies required ... ............ _....-.-. Remar .............. ........6_ ..............................- -- .....