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HomeMy WebLinkAbout759 - Ordinances ORDINANCE NO. 759 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING REGULATIONS GOVERNING DEDICATION OF PARK LAND AND RELATED IN-LIEU FEES, AND AMENDING TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A. RECITALS. (i) Government Code Section 66477 allows the City of Rancho Cucamonga to require, by ordinance, the dedication of park land or the payment of fees in lieu of such a dedication, as a condition to the approval of a tentative map or parcel map. The required ordinance must include definite standards for determining the proportion of a subdivision to be dedicated and the amount of any fee to be paid in lieu thereof. (ii) In accordance with Section 66477, the determination of required land dedication and in-lieu fees referred to in Recital (i), above, must take into account planned park acreage per 1,000 residents (between 3 and 5 acres per 1000 residents); average residential densities based on Federal Census data; and the fair market value of park land per acre. (iii) It is the intent of the City Council in adopting this Ordinance to establish a formula applicable to subdivisions of 51 or more lots, that will determine the amount of land to be dedicated for park purposes, or in-lieu fees to be paid, in accordance with Section 66477, and further, to amend Chapter 16.32 of the Rancho Cucamonga Municipal Code to reflect changes in State law affecting such dedications and payments. (v) On April 19, 2006, the City Council conducted a duly noticed public hearing concerning the park land dedication and in-lieu fee formulas established in this Ordinance. (vi) All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance, are true and correct. Ordinance No. 759 Page 2 of 7 SECTION 2: Section 16.32.020 of Chapter 16.32 of Title 16 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "16.32.020 Requirements. Land or fees required under this section shall be conveyed or paid directly to the city. The city in accepting such land or funds shall develop the land or use the funds as provided in this section: 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 that will reasonably serve or benefit future residents of such subdivision. B. Establishment and Development Time. Any fees collected under this chapter shall be committed within five 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 pursuant to state law, with the proceeds therefrom being used for suitable park and recreation facilities which serve the neighborhood in which that subdivision is located. D. Only the payment of a Park Development Impact Fee shall be required in subdivisions fifty lots or less, unless agreed otherwise by the city council and the sub divider. 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. In accordance with the procedures set forth in Government Code Section 66477(a)(2), the city council shall establish, by resolution, the standard ratio of park acres to each 1000 residents of the city. That standard ("planned park acreage") shall be between and 3 and 5 acres of parkland per 1000 residents, or within such other limits as provided by law. F. Amount of Park Fees Required. When the requirements of this code are complied with for the purpose of providing park fees, the minimum amount of fees to be paid shall be computed by using the following formula: Ordinance No. 759 Page 3 of 7 FORMULA: NSPL / 1,000 = minimum fee WHERE: N = number of proposed dwelling units S = planned park acreage per 1,000 population as established pursuant to subsection E of this section P = population per dwelling unit on a scale and density established by City Council resolution L = fair market value of parkland per acre as established pursuant to subsection H of this section G. Amount of Fees or Land Required. The subdivider may pay fees in the amount computed in subsection F of this section or dedicate the amount of land which could be purchased with the fees. 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 resolution of the City Council: or, 2. If the subdivider objects to such evaluation he or she may, at his or her 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 subsection H of this section, and the in-lieu fees, as computed under subsection F of this section, shall be of an equal value to provision of subsection F of this section applied to the entire subdivision or planned community. J. Determination of Residential Density in Subdivisions with More than One Class of Household. If a subdivision contains more than one class of household, with differing average residential densities, a separate computation using the formula in subsection F of this section shall be made for each class of household within such subdivision and the minimum fee for the separate calculations shall be added together to determine the minimum fee for the subdivision as a whole for the purpose of determining dedication requirements." Ordinance No. 759 Page 4 of 7 SECTION 3: Section 16.32.030 of Chapter 16.32 of Title 16 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "16.32.030 Procedure. The requirements of this chapter shall be met concurrent with 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 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 with the provisions of the Subdivision Map Act. Where fees are required the same shall be deposited with the City prior to the issuance of building permits. 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 may be credited against not more than fifty percent of the requirement of dedication and development for park and recreation purposes, as set forth in this section, or the payment of fees in lieu thereof, as set forth herein, provided 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 provisions of this code shall not be included in the computation of such private open space; and Ordinance No. 759 Page 5 of7 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 existing and future owners of property within the subdivision and which cannot be defeated or eliminated without the consent of the Council; 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 recreation and parks element of the general plan for the city and are approved by the Planning Commission; and 6. That the minimum open space for which credit will be considered is three acres and provides a minimum of four of the elements listed below, or a combination of such, and other recreational improvements that will meet the specific recreation park needs of the future residents of the area: Criteria List. a. Children's play apparatus; b. Family barbecue picnic area; c. Game court area; d. Swim pool with adjacent deck and ancillary facilities; e. Recreation building. The subdivider requesting consideration for private open space credit shall, as part of the submittal filing, include: i. Written request for such consideration by the planning commission; and ii. Submit detailed plans and specifications for areas and improvements within such proposed private open space. The Planning Commission shall, as an element of the review for private open space credit, solicit comments and recommendations from the Park Development Commission on all such applications. Ordinance No. 759 Page 6 of 7 F. Credit for Private Open Space--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 or publicly dedicated and maintained by a special assessment district, credit against the requirement of dedication for park and recreational purposes, as set forth in Section 16.32.020G shall be determined through the adoption of the planned community text; provided, however, that the park standard for the planned community is the same as for any other development and that the Planning Commission finds it is in the public interest to do so, and that the standards for private open space, as set forth in Section 16.32.030E, are met. G. Common interest developments, as defined in Sections 1351 of the Civil Code, shall be eligible to receive a credit, in an amount determined by resolution of the City Council, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this chapter, for the value of private open space within the development which is usable for active recreational uses. This subsection shall apply only to common interest developments for which tentative maps or parcel maps are approved or conditionally approved after December 31, 1982. The credit allowable pursuant to this subsection shall, if applied for, be in lieu of any other credit allowable under other provisions of this chapter. " SECTION 4: The City Clerk certify to the adoption of this Ordinance. Please see the following page for formal adoption, certification and signatures Ordinance No. 759 Page 7 of 7 PASSED, APPROVED, AND ADOPTED this 3rd day of May 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 19'h day of April 2006, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3rd day May 2006. Executed this 4'h day of May 2006, at Rancho Cucamonga, California.