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Ordinance Number 131106. ORDINANCE NO. 131 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ESTABLISHING THE REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS The City Council of the City of San Juan Capistrano does hereby ordain as follows: SECTION 1.RECITALS. That the City Council of the City of San Juan Capistrano does hereby find, determine and declare as follows: (a) In 1965, the Legislature of the State of California, amended the Subdivision Map Act (Section 11500 at 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 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 San Juan Capistrano has heretofore adopted such recreational element as part of its general plan. SECTION 2. SUBDIVIDERS MUST PROVIDE PARK AND RECREATIONAL FACILITIES. Every subdivider who subdivides lard shall dedicate a portion of such land, pay a fee, or do both, as set forth in this ordinance for the purpose 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 ten- tative subdivision maps have been filed within thirty (30) days after the effective date of this ordinance and except industrial subdivisions. SECTION 4. ,RELATION OF LAND REQUIRED TO POPULATION DENSITY. It is hereby i found and determined: (a) That the public interest, convenience, health, welfare and safety require that four (4) acres of property, for each one thousand (1,000) per- sons residing within this City, be devoted to park and recreational purposes. (b) That said requirement will be satisfied in part by cooperative arrangements between the City and the Capistrano Unified School District to make available one and one-half (li) acres of property for each one thousand (1,000) persons residing within the City for park and recreational purposes. (c) That the remainder of the required four (4) acres shall be supplied 107 by the requirements of this ordinance and the recreation program of the City. SECTION 5. POPULATION DENSITY. Population density for the purpose of this ordinance shall be determined in accordance with the 1960 Census of Population on Housing-, Final Report PAC (1)-82 Los Angeles, Long Beach SMSA, to wit: (a) Single family dwelling units and duplexes equals 3.1 persons per dwelling unit, and (b) Multiple family dwelling units equal 2.1 persons per dwelling unit. 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. SECTION 6. AMOUNT OF LAND TO BE DEDICATED. The amount of land required to be dedicated by a subdivider pursuant to this ordinance, shall be based on the gross area included in the subdivision, determined by the following formula: DENSITY FORMULA: Net density per dwelling unit 1 D.U. per acre or more 1 D.U. per z to 1 acre 1 D.U. per 10,000 sq, ft. to i acre 1 D.U. per 9,000 to 9,999 sq. ft. l,D.U. per 8,000 to 89999 sq, ft. 1 D.U. per 7,000 to 7,999 sq, ft. 1 D.U. per 6,000 to 6,999 sq. ft. 1 D.U. per 5,000 to 5,999 sq. ft. 10 to 19 D.U.'s per acre 20 to 29 D.U.'s per acre 30 to 39 D.U.'s per acre 40 to 49 D.U.'s per acre 50,to 59 D.U.'s per acre 60 to 69 D.U.'s per acre 70 to 79 D.U.'s per acre 80 to 89 D.U.'s per acre 90 to 99 D.U.'s per acre 100 D.U.'s and over per acre Percentage of the gross area of the subdivision required when park land SECTION 7. AMOUNT OF FEE IN LIEU OF LAND DEDICATION. 0.60% 1.20% 1.73% 2.70% 3.01% 3.40% 3.90% 4.58% 5.79% 9.30% 12.56% 15.5 18.40% 21.05% 23.54% 25.85% - - .28.00% - 29.07% Where a fee is re- quired to be paid in lieu of land dedication, 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 SECTION 6 hereof. The amount of such fee shall be a sum equal to the fair market value of the amount of land required in accordance with the following formula: FEE FORMULA: Sq, ft. of park land required per gross acre Net density per dwelling unit of subdivision 1 D.U. per acre or more 262 1 D.U. per i acre to 1 acre 527 1 D.U. per 10,000 sq. ft. to z acre 767 1 D.U. per 9,000 to 9,999 sq. ft. - 1,209 io,8 t FEE FORMULA (Continued) Net density per dwelling unit Sq. ft. of park land required per gross acre of subdivision 1 D.U. per 8,000 to 8,999 sq. ft. 1,350 1 D.U. per 7,000 to 7,999 sq. ft. 1,532 1 D.U. per 6,000 to 6,999 sq. ft. 1,768 1 D.U. per 5,000 to 5,999 sq. ft. 2,090 10 to 19 D.U.'s per acre 2,680 20 to 29 D.U.'s per acre 4,466 30 to 39 D.U.'s per acre 6,257 40 to 49 D.U.'s per acre 8,039 50 to 59 D.U.'s per acre 9,825 60 to 69 D.U.'s per acre 11,611 70,to 79 D.U.'s per acre 13,408 80 to 89 D.U.'s per acre 15,185 90 to 99 D.U.'s per acre 16,969 100 D.U.'s and over per acre 17,851 "Fair Market Value" shall be determined as of the time of filing the final map in accordance with the following: (a) The fair market value as determined by an appraiser selected by the City Council or as determined by the City Council based upon the then assessed value, modified to equal market value in accordance with our - rent practice of the County Assessor; or (b) If the subdivider objects to such valuation he may, at his ex - pane, obtain an appraisal of the property by a qualified real estate appraiser approved by the City, which appraisal may be accepted by the City Council if found reasonable; or (c) The City and subdivider may agree as to -the fair market value. 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 maintained 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 hereof, or the payment of fees in lieu thereof, as set forth in SECTION 7 hereof, provided the City Council finds it is in the public interest to dorso 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 in - eluded 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 restricted 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 109 (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 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 plans, and are approved by the City Council. SECTION 9. CHOICE OF LAND OR FEE (a) Procedure. The procedure for determining whether the subdivider is to dedicate lard, pay a fee, or both shall be as follgws: (1) Subdivider. At the time of filing a tentative tract map for approval, the owner of the property shall, as a part of such fil- ing, indicate whether he 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 City Council shall determine as a part of such approval, whether to require a dedication of land within the subdivision, pay- ment of a fee in lieu thereof, or a combination of both. (3) Prerequisites for Approval of Final Man. 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 deposited with 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 sub- division 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 shall be charged, or a combination thereof, shall be final and conclusive. On Subdivisions involving fifty (50) lots or less, only payment of fees shall be required. SECTION 10. TIME OF COMMENCEMENT MUST BE DESIGNATED. At the time the final tract map is approved the City Council shall designate the time when develop - of a park and recreational facilities shall be commenced. SECTION 11. 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 and re- creational 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. APPLICATION TO MINOR LAND DIVISIONS. All of the provisions of this ordinance shall apply to minor land divisions, (i.e., lot splits) except that the City may only require the payment of fees for park or recreational purposes and tray not require the dedication of land. SECTION 13. ADOPTION. This ordinance shall take effect and be in force thirty (30) days from and after its passage, .and prior to the expiration of fifteen (15) days after the passage thereof, this ordinance shall be published once in the Coastline Dispatch,.a newspaper published in San Juan Capistrano, County of Orange, State of California, together with the names of the members of the City Council voting for oragainst the same. PASSED, APPROVED AND ADOPTED this 23rd day of October, 1967. Mayor of the City of San Juan Capistrano ATTEST: City lark of the City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as CITY OF SAN JUAN CAPISTRANO ) I, ERNEST A. ITHOMPSON, City Clerk of the City of San Juan Capistrano, do here- by certify that the attached and foregoing ordinance was duly and regularly adopted by the said City Council at a regular meeting thereof held on the 23rd day of October 1967, and passed by a unanimous vote of said Council. AYES: COUNCILMEN: DURNFORD, BATHGATE, OLIVARES and CHERMAK NOES: COUNCILMEN: NONE ABSENT: COUNCILMAN: BUCHHEIM — �L City Clerk /-