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Home My WebLink AboutCC Ord 730 1967-10-21 " .' .. ,I - ORDINANCE NO. 73 0 . IN ORDINANCE OF THE CITY COUNCIL OF THE ~ITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING tEGULATIONS FOR DEDICAT,ION OF LAND PATIlENT ~R FEES, OR BOTH FOR"'PARK AND RECREATIONAL LAND IN SUBDIVISIONS. . --,,~....,...=~~"\I:l,...~~ ORJ Gn'~J~L ()r: l\'~ !.~\ 1 COpy !-.iCW TO 8" Ti\i,:,'.'" ,:: :'):.A TI-IE CiTY CLErK~ Of"HCE I I I THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIf; DOE,S ORDAIN AS'.FO~LOWS: SECTION'l. RECITALS. That the City Council of the City of Seal Beach, 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 et 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 Seal Beach'has adopted and amended a general plan containing such recreational element. SECTION 2. SUBDIVIDERS MUST PROVIDE PARK AND RECREATIONAL FACILITIES. Every 'subdivider who subdivides land 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 tentative subdivision maps have been filed within thirty (30) days after the effective date of this ordinance and industrial subdivisions. SECTION 4. RELATION OF LAND REQUIRED TO POPULATION DENSITY. found and determined: It is hereby (a) That the public interest, convenience, health, welfare and safety require that four (4) acres of property, for each one thousand (1,000) persons residing within this City ~ be devoted to local park and recreational purposes. (b) That the required four (4) acres shall be supplied by the requirements of this ordinance. 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 PHC (1)-82 Los Angeles, Long Beach SMSA, to wit: (a) Single family dwelling units, and duplexes ~ 3~1 persons per dwelling unit; and (b) Multiple family dweiling units = 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. AJl0UNT 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: ," Ordinance" Numbe'r, , .' . ~ :-. ',," : ", DENSITY FORNULA ~et density per' dwelling unit Percentage of the gross area of the .subdivision required when park land is dedicated I 1 D.D. per acre or more 1 D.D. per 1/2 to 1 acre 1 D.D. perlO,OOO sq..ft. to 1/2 acre 1 D.U. per 9,000 to 9,999 ~q. ft. 1 D.U. per 8,000 to,8,999 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 DoU.'s per .acre 20 to 29 D. U . 's per acre . . 30 to 39, 'D.U. 's per acr~ 40 to 49 D.U. 's pel' 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 0.96% 1. 70% 2.77% 4.32% 4.82% 5.44% 6.24% 7.33% 9.26% 14.88% 20.10% 24.95% 29.44% 33.68% 37.66% 41.36% 44.80% 46.51% SECTION 7. AMOUNT OF FEE. IN LIEU OF LAND DEDICATION. Where a fee is required to be paid 'in.1ieu of land dedication, the amount of such fee shall be. based upon :,tlle 'fa~r market value of the amount of land which would otherwise be required to be dedicated pu'rsuant 'to SECTION 6 hereof., The amount of such fe", shall be' a sum equal. to the fair market value of the amount of land required in accordance with the following f~rmu1a: I FEE FOR!1ULA: Net density per dwelling .unit Sq. ft. of 'park,land required per gross ' acre of subdivision I l,D.U. per acre or mor~ i D.U. per, 1/2 to 1 acre 1 D.U. per 10,000 sq! ft. to 1/2 acre 1 D.U. per 9,000 to,9,999 sq. ft. 1 D.U. per 8,000 to 8,999 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 (5) 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 " 419 843 1,227 1,934 2,224 2,451 2,829 ' 3,'344 4,288 7,146 10,011 12,862 15, 720 18,578 21,453 24,296. ;27,150 "28 562 ", . ','. " ", -2- I I I .'" Ordinance t:lutnber " , "Fair Market Value" shall be determined a's of the time of filing' the final map in accordance with the following: (a)' The Fair Market Value as determined by, the'City Council based upon the then assessed value modified to equal marke~ value in accordance with current practice of the County Assessor; or , (b)' If the subdivider objects to such evaluation he may at his expense obtain an appraisal of the property by a qualified real eS,tate ,appraiser approved by the City, which appraisal , may be accepted by the City Co~ncil if found' reasonable; or (c)~The City and subdivider may agree as to the fair market value. SECTION'S. CREDIT FOR PRIVATE OPEN SPACE~ Where private open space for park and r~creationa1 pUEposes 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'sha1l be credited against the requirement of dedicati6n for park and ,re'creation purposes, as set f()rth 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 do'so, and that the following standards are m~t:, (a) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of'such private open space; and (b) That the pr~vate ownership and maintenance of the ope!). 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 ~and in favor of the" future owners of property within the' tract 'and which'cannot be defeated or eliminated without the consep.t of the City Council;' and 1 ~ . .' ~'. , (d)<' -That the, pi~p~sed private'" open space is reasonably adaptable for,use, for park and recreational purposes, taking into c9nsi~eration,such factors as'size"shape"topography, geology; access, and location of the private op.en 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 plan, and,are approved by the City'Council. SECTION 9. CH0ICE OF LAND OR FEE , , (a) PROCEDURE. ,The procedure, for de'termining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows: ., -3- I I I Ordinance., NUffi/:ler " ,..,' ,., (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 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 ?pproval, the City Council shall determine as a part of such approval, whether to require a, dedication of ,land within the subdivision, payment of a fee in lieu thereof, or a combination of both. '. . (3) PREREQUISITES FOR APPROVAL OF FINAL.MAP. . Where dedicat~on 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 ;::;'.' the approval of the final tract map. Open space covenants for ",' private park or recreational facilities shall be submitted to the Citypprior to approval of the fiI1a1 tract 'map and shall be recorded contemporaneously with the final tract map. (b) DETERMINATION. Whether the City ~ounci1 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 subdivision 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 chatged, or a combinat~on thereof, shall be final and conclusive. On 'subdivisions involving fifty (50) lots or less, only the , payment of fees shall be r~quired. SECTION 10. ' TIME OF COMMENCEMENT MUST BE DESIGNATED. At the time the final tract map is approved the City Council shall' , , . designate the' time'~hen development of ~he park and recreational facili- ties shall be commenced. ' , SECTION 11. LIMITATION ON ,USE oi LAND AND FEES. The land and fees received under this ordinance shall be used only for the purpose of providi'ng park and recreational 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. . -4- I I I Ordinance 0 '~um.b'~r " , , -, .',j' .. SECTION 12. The City Clerk shall certify to the passage and adoption of this ordinance arid shall cause the same to be posted as required by law. " PASSED, APPROVED, AND ADOPTED by the City Council of the City of'Seal Beach at a ~~;ladjourned meeting thereof held J'~~~ ~/ 1967.' / " " ' /. ATTEST: ,/, C()P{../-z<t/{-'t4U~ City Clerk , , ' I hereby certify that the foregoing is a Ordinance No. 730. , passed and adopted City of Seal Beach at'a rcgu1ar~adjourned the G2 / ff 'day of (Ocr, Dated: @t"cf;<{ 1(7/'7, true and correct copy of by the City Council of the meeting thereof held on , 1967. /~u:Au~> City Clerk' AYES: counci1men'~~I11M/~ ~~J""(<<~A'V~ ~ Councilmen , ~e... . Councilmen' <:n~, NOES: " ABSENT: '\ ".' . ~ ," ". ~'.. :.... -5-