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HomeMy WebLinkAbout105 - Ordinances i I ORDINANCE NO. 105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF I RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING REGULA- TONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS AND PLANNED COMMUNITIES. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: Section 1: Intent and General Provisions. The intent of this ordinance is to provide for the development of park and recreational facilities through subdivision regulations, in an area where the need for parks has been determined. Each subdivider of land for residential use, shall, as a condition to the approval of a final parcel map, final subdivision map, or planned community, dedicate lands or pay fees in lieu thereof, or a combination of both, for park and/or recreational purposes. Dedication requirements shall be conveyed to the City concurrent to recordation of the final parcel map or final subdivision map or prior to issuance of building permits. In lieu fees shall be paid to the City prior to issuance of building permits. Section 2. Requirements. Land or fees required under this section shall be conveyed or paid directly to the City of Rancho Cucamonga. The City in accepting such land or funds shall develop the land or use the funds as herein provided: (A) Use of Land and Fees. The land, fees, or combination thereof are to be used only for the purpose of providing park or recreational facilities which will reasonably serve or benefit future residents of such subdivision. (B) Establishment and Development Time. Any fees collected under this ordinance shall be committed within five (5) 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 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. (C) Land Disposition. In the event that opportunities for better recreation facilities than those provided by the dedication materialize, the land so dedicated may be sold with the proceeds there- from being used for suitable park and recreation facilities which serve the neighborhood in which that subdivision is located. (D) Only the payment of fees shall be required in subdivisions of less than fifty (50) lots unless agreed otherwise by the City Council and the subdivider. (E) Standards for Dedication. The amount of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of benefits of the park and recreation facilities by the future residents of the subdivision. The City Council hereby establishes a a ratio of five (5) park acres to one thousand (1,000) population, in accordance with the adopted Park and Recreation Element of the City's � General Plan. (F) Amount of Park Fees Required. When the requirements of this code are complied with on the basis of providing park fees, the minimum amount of fees to be paid shall be computed by using the following formula. Pale _. FORMULA: NSP (L+D) = minimum fee 1,000 WHERE: N = number of proposed dwelling units. S = planned park acreage per 1,000 population. P = population per dwelling unit on a scale and density set by the responsible public agency. L = fair market value of parkland per acre as represented by the land being subdivided. D = average cost per acre to develop park as determined by the public agency. (G) Amount of Land Required. Whenever the requirements of this section are complied with on the basis of providing park land, the minimum amount of land required shall be the amount which could be purchased with the fees computed in Section 2(F). (H) Park and Recreational Use Land Fair Market Value. The fair market value shall be determined at the time of recordation of the parcel map or final map in accordance with the following criteria: (1) The fair market value as determined by the City Council; or, (2) If the subdivider objects to such evaluation he may, at his own expense, obtain an appraisal of the property by a qualified real estate appraiser from the general area approved by the City, which appraisal may be accepted by the City Council if found reasonable (I) Combination of Park Land and Fees Required. When a combination of land dedication and in lieu fees are required as a condition of approval, the fair market value of the land to be dedicated, as determined pursuant to Section 2(H), and the in lieu fees, as computed under Section 2(F), shall be of an equal value to provision of Section 2(F) applied to the entire subdivision or planned community. i I Section 3: Procedure. The requirements of this Ordinance shall be met concurrent to the approval of the final parcel map, final subdivision map, or the planned community, or prior to issuance of building permits, by the provision of park land in whole or in part, the payment of a park fee, or by a combination of both as required by the City Council. (A) City Option. At the time of filing a tentative tract map or a minor subdivision plat for approval, the City shall determine whether dedication of property for park and recreational purposes or in lieu of fees are necessary. If the City desires dedication, the area shall be designated on the tentative tract map when submitted. (B) Action of City. At the time of the tentative tract map approval, the Planning Commission shall determine as 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. (C) Prerequisites for Approval of Final Map. Where dedication is offered and accepted it shall be accomplished in accordance I with the provisions of the Subdivision Map Act. Where fees are required I the same shall be deposited with the City prior to the issuance of building permits. )rdinance Page 3 (D) Determination. The Planning Commission shall determine whether to require land dedication, require payment of a fee in lieu thereof, or a combination of both, by consideration of the following: (1) Recreational element of the 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 subdivision. (E) Park and Recreational Use Land-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 up to fifty (50) percent against the requirement of dedication for park and recreation purposes, as set forth in Section 2(G), provided the Palnning Commission finds it is in the public interest to do so, and that the following standards are met: (1) 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 (2) That the private ownership and maintenance of the open space is adequately provided for by written agreement; and (3) That the use of the private open space is restricted for park and recreational purposes by recorded covenants t which run with the land in favor of the future owners of the property within the tract; and (4) 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 (5) 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 Planning Commission. (F) Park and Recreational Land Credit for Planned Communities. Where private open space for park and recreational purposes is provided in a planned community and portions of or all such space is to be privately owned and maintained by the future residents of the planned community, credit against the requirement of dedication for park and recreational purposes, as set forth in Section 2(G) shall be determined through the adoption of the planned community text provided, however, that the park standard for said planned community is the same as for anv other development and that the Planning Commission finds it is in the public interest to do so, and that the following standards are met: (1) 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 (2) That the private ownership and maintenance of the open space is adequately provided for by written agreement; and (3) 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 the property within the tract; and Ordinance No. 105 Page 4 (4) 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 (5) 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 Planning Commission. Section 4. Exemptions. The provisions of this Ordinance do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added. Section 5. Severability. If any subsection, subdivision paragraph, sentence, clause or phrase in the ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections of portions of this ordinance or any part thereof. The City Council hereby declared that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 6. Enactment. The Mayor shall sign this ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Daily Report, a newspaper of general circulation, published in the City of Ontario, and circulated in the City of Rancho Cucamonga. PASSED APPROVED, and ADOPTED this 4th day of June, 1980. AYES: Bridge, Mikels, Frost, Schlosser NOES: None ABSENT: Palombo , Phillip D. Schlosser, Mayor ATTEST /IA�� ---- L uren M. Wasserman, City Clerk