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
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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
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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
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(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
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