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Ordinance Number 21039 0 ORDINANCE NO. 210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND IN SUB- DIVISIONS AND REPEALING ORDINANCE NO. 131 The City Council of the City of San Juan Capistrano does ordain as follows: Section 1. Purpose. This ordinance is enacted pursuant to the authority granted by Sections 11510 and 11546 of the Business and Professions Code of the State of California. The park and recreational facilities for which dedication of land and/or .payment of a fee is1 required by this ordinance are in accordance with the recreational element of the General Plan of the City of San Juan Capistrano adopted by the City of San Juan Capistrano on May 1, 1967. Section 2. Requirements. As a condition of approval of a final subdivision map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in this ordinance. Section 3. General Standard. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that seven acres of property for each 1,000 persons residing within this city be devoted to local park and recreational purposes. Section 4. Standards and Formula For Dedication of Land. Where parkor recreational facility has been designated in the Recreation Element of the General Plan of the city, 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 subdivider shall -dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following population density standard: (a) Single-family dwelling units and duplexes - 3.8 persons per dwelling unit. (b) Town houses and 4 bedroom apts. = 3.1 persons per dwelling unit. (c) Multiple family dwelling units a 2.4 persons per dwelling unit. - - (d) Mobilehome dwelling units = 1.9 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 at the time the building permit is approved by the City Building Department. f Dedication of the land shall be made in accordance with the procedures .contained in Section 11 hereof. Section 5. Formula For Fees in Lieu of Land Dedication. (a) General Formula. If there is no park or recreational facility designated in the Recreational Element 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 Section 4 hereof and in an amount de- termined in accordance with the provisions of Section 7 hereof, such fee to be used for a park which will serve the residents of the area being subdivided. 391 (b) Fees in lieu of land; less than 50 parcels - On subdivisions of less than 50 lots, a fee of $275 per unit shall be charged on all single family residential structures; $223 on all townhouse units; $176 on all multiple family units and $137 on all mobilehome pads. (c) Use of Money. The money collected hereunder shall be used only for the purpose of providing park or recreational facilities reasonably 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 of such land for park and recreational purposes. Section 6. Criteria for Requiring Both Dedication and Fee. In subdivisions of 50 or more lots, the subdivider shall both dedicate land and pay a fee in lieuthereofin accordance with the following. formula: (a) When only a portion of the land to be sub4ivided is proposed -- on the Recreational Element as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 7 hereof shall be paid for any additional land that would have been required to be dedicated pursuant to Section 4 hereof. (b) When a major part of the local park or recreational site has already been acquired by the city and only a small portion of land is needed .from the subdivision to complete the site, such re- maining portion shall be dedicated and a fee computed pursuant to the provisions of Section 7 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 Section 4 hereof, such fees 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. - Section 7. Amount of Fee in Lieu of Land Dedication. Where a fee is required 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 4 hereof. The fee shall be paid pursuant to the provisions contained in Section 11 hereof. The "fair market value" shall be determined at the time of filing the tentative map. The City Council finds and determines that for fiscal year 1972-1973 the aforesaid market value shall be $13,000 per acre. Section S. Subdivisions Not Within General Plan. Where the proposed subdivision lies within an area not then but to be included within the city General Plan, the subdivider shall dedicate land, pay a feein 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 ordinance. Section 9. Choice of Land or Fee. (a) PROCEDURE. The procedure for dtermining whether he subdivider 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 part of such filing, indicate whether he desires to dedicate property for park and recrea- tional 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. -2- 3) Prerequisites for approval offinal map. Where dedication is required, it shall be accomplished in accordance with the pro- visions 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 contemporaneously with the final 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: a) Recreational element of the 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) Compatibility of dedication with the Recreational. Element, and f) Availability of previously acquired park property. 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. Section 10.. Credit for Private Open Space. Partial credit. Where private open space for park and recreational purposes is pro- vided 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 50`k, may be given against the require- ment of land dedication or payment of fees in lieu thereof if the City Council., finds- that itis-in .tha-pubh.c.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 theopen space isadequatelyprovided 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 the land 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) tthat the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors^ps size, shape, topography, geology, access, and location; and - e) that facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the General Plan. - Section 11. Commencement of Development. Time of commencement must be designated. 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. -3- SECTION 12. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published once in a newspaper of general circulation in the City of San Juan Capistrano within fifteen (15) days following the passage_ thereof. PASSED, APPROVED AND ADOPTED this 11th day of December, 1972, by the following vote, to wit: AYES: COUNCILMEN: BYRNES,.CHERMAK, GAMMELL, THORPE, WEATHERS NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE �J J s F. Thorpe, Mayor ofthe f San Juan Capistrano ATTEST: City Clerk - _ .