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HomeMy WebLinkAboutOrdinance 1558 (Dedication of Land Regulations)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1558 entitled: "AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 15.38 OF THE MUNICIPAL CODE ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL PURPOSES". is a true and correct copy of an ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the SEVENTEENTH day of JANUARY , 1989, published as required by City Charter in the MARIN INDEPENDENT JOURNAL , a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a REGULAR meeting of the City Council of said City held on the SEVENTEENTH day of JANUARY 1989, by the following vote, to wit: AYES: COUNCILMEMBERS:Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEH3ERS:Mayor Mulryan WITNESS my hand and the official seal of the City of San Rafael this 23RD day of JANUARY 1989. JEANN - LEONC NI, ity Clerk CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDINANCE NO. 1558 AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 15.38 OF THE MUNICIPAL CODE ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL PURPOSES. THE COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.38 of the San Rafael Municipal Code is hereby added to read as follows: 15.38. Park Dedications and In -Lieu Fees. 15.38.010 Purpose. This chapter is enacted pursuant to the California Government Code Section 66477 and the general police power of the city. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are consistent with the Recreation Element of the San Rafael General Plan. 15.38.015. Requirements. At the time of approval of the tentative map or parcel map, the approving body shall determine the land required for dedication or amount of in -lieu fee pursuant to Section 15.38.030. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, at the option of the City, for neighborhood and community park or recreational purposes at the time and according to the standards and formula contained in this section. 15.38.020. General Standard. It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that 3 acres of property for each 1,000 persons residing within this city be devoted to neighborhood and community park and recreational purposes in accordance with the Recreational Element of the San Rafael General Plan. Said three acres is justified by the existing ratio of 3 acres of neighborhood and community parks in the City of San Rafael as calculated in the San Rafael General Plan. -1- 15.38.025. Formula for dedication of land. a. Where a park or recreation facility has been proposed in the Recreation Element of the San Rafael General Plan, and is to be located in whole or in part within the proposed sub- division 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 that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula: 1. The formula for determining acreage to be dedicated shall be as follows: DUs x Persons x 3 acres = minimum Dwelling Unit 1,000 population acreage dedication where DUs = Number of new dwelling units within the proposed subdivision Pop = Persons per dwelling unit DU New "Dwelling Unit" as used in this section means a structure designed or used for residential occupancy, including, but not limited to single and multiple dwellings, apartment houses and mobile homes but not including hotels, motels and boarding houses for transient guests. The following parkland dedication table has been established pursuant to Section 66477(b) of the Government Code. Parkland Dedication Formula Table Dwelling Citywide Average Parkland Required Park - Type Persons per DU Standard land sq.footage per DU All 2.3 (1980 census) 3 acres/ 300 1000 residents 2. Population per dwelling unit shall be based upon the -2- latest federal census citywide average. In 1980, the citywide average was 2.3 persons per dwelling unit. b. Dedication of the land shall be made in accordance with the procedures contained in Section 15.38.060. C. For the purposes of determining the amount of land or in -lieu fee required by this section, the number of new dwelling units shall be based upon the number of parcels indicated on the tentative map or parcel when in an area zoned for one dwelling unit per parcel; the number of new condominium dwelling units in the case of a condominium project; or the number of dwelling units approved when all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed. d. The subdivider shall, without credit: 1. Provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees, and side- walks to land which is dedicated pursuant to this section. 2. Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land. 3. Provide improved drainage through the dedicated land. 4. Provide other minimal improvements including, but not limited to removal of debris, clearing of the site, and temporary hydroseeding which the Recreation Director determines to be essential to the acceptance of the land for recreational purposes. e. The location, size and configuration of the land to be dedicated and the improvements to be made pursuant to this section shall be approved by the Recreation Director. -3- 15.38.030. Formula for fees in lieu of land dedication. a. General Formula. If there is no park or recreation facility proposed in the Recreation Element of.the San Rafael General Plan, to be located in whole or in part within the proposed subdivision to serve the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee. The fee shall be equal to the value of the land and improvements which would have been required for dedication in Section 15.38.025. The value of the land shall be determined in accordance with the provisions of Section 15.38.040. b. Fees in lieu of land, 50 parcels or less. If the proposed subdivision contains fifty (50) parcels or less, the subdivider shall pay a fee in an amount determined in accordance with the provisions of Section 15.38.040. However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the approving body. 15.38.035. Criteria for Requiring Both Dedication and Fee. In subdivisions of more than fifty (50) parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula: a. When only a portion of the land to be subdivided proposed in the Recreation Element of the San Rafael General Plan as a site for a local park, such portion shall be dedicated for local park purposes. A fee computed pursuant to the provision of Section 15.38.040 shall be paid for the value of any additional land that would have been required to be dedicated pursuant to Section 15.38.025. IM b. When a major part of the local park or recreation 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 remaining portion shall be dedicated and a fee computed pursuant to provisions of Section 15.38.040 shall be paid in an amount equal to the value of the land not dedicated, such fees to be used for the improvement of the existing park and recreation facility or for the improvement of other local parks and recreation facilities in the area serving the subdivision. 15.38.040: Amount of Fee in Lieu of Land Dedication. When a fee is to be paid in lieu of land dedication, the amount of such fee shall be be based upon the fair market value of the amount of land which would otherwise be required for dedication pursuant to Section 15.38.025. The fee shall be determined by the following formula: DUs x Pop x 3 acres x FMV of a buildable parkland DU 1000 people acre + 20% for minimum improvement costs where DUs = Number of new dwelling units within the proposed subdivision as defined in Section 15.38.025 Pop = persons per dwelling unit as defined in Section 15.38.025 FMV = fair market value per buildable parkland acre as determined by Section 15.38.045. Buildable Parkland Acre = a typical acre of a residential subdivision in San Rafael with a slope less than 10% and located in other than an area on which building is excluded because of flooding, easements, or other restrictions. Minimum Improvements Costs = Costs associated with providing improvements identified in Section 15.38.025 (d). Fees to be collected pursuant to this section shall be approved by the Recreation Director. 15.38.045. Determination of Fair Market Value The fair market value per buildable acre.shall be determined by resolution adopted by the City Council of the City of San Rafael. 5.38.050. Determination of Land or Fee. -5- a. Whether the approving body 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. The compatibility of dedication with the San Rafael General Plan; and 2. The natural features, access, and location of land in the subdivision available for dedication; 3. The size and shape of the subdivision and land available for dedication; 4. The feasibility of dedication; 5. The location of existing and proposed park sites and trailways. 15.38.055. Credit for Private Recreation Facility. Credit may be given for private recreation facilities or open space in the subdivision only as hereinafter provided. Where private facilities usable for active recreational purposes are provided in a proposed planned development, real estate development, stock cooperative, or community apartment project, as defined in Sections 11003, 11003.1, 11003.2, 11003.4 and 11004, respectively, of the Business and Professions Code, or condominiums, as defined in Section 783 of the Civil Code, partial credit, not to exceed 50%, may be given against the requirement of land dedication or payment of fees in lieu thereof if the approving body finds that it is in the public interest to do so and that the following standards are met: a. Yards adjacent to each residential unit, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and b. Private park and recreation facilities shall be owned by a homeowners' association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a 100% affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities, or subject to a covenant running with the land requiring continued operation by the developer or owner; and C. Use of the private park and recreation facilities are restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successors; and d. The proposed private park and recreational facilities are reasonably adaptable for use for park and recreation purposes, including recreational community gardening, children's play apparatus areas, picnic areas, hiking, jogging, and bicycle trails and paths, or landscaped exercise areas, taking into consideration such factors as size, shape, topography, geology, access, and location; and e. Facilities proposed are in substantial accordance with the provisions of the Recreation Element of the San Rafael General Plan; and, f. Open Space land for protection of environmentally sensitive areas or to protect views and ridgetops shall not be credited; and g. The private facilities for which credit may be given must be a minimum of one acre and with at least three of the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area: Elements 1. Children's play apparatus area 2. Landscape park -like with quiet areas 3. Family picnic area 4. Game court area (tennis, badminton, basketball, etc.) -7- Acres .50 to .75 .50 to 1.00 .25 to .75 .25 to .50 5. Turf playfield (r, 5% slope) 1.00 to 3.00 6. Swimming pool (with adjacent deck .25 to .50 and lawn areas) 7. Recreation center building .15 to .25 Before credit is given, the Planning Commission shall make written findings that the above standards are met. h. The determination of the Planning Commission as to whether credit shall be given and the amount of credit shall be final and conclusive. 15.38.060 Procedure. a. At the time of approval of the tentative map or parcel map for which a tentative map is not required, the approving body shall determine pursuant to Section 15.38.025 the land required for dedication or fee in lieu thereof. If the approving body requires an in -lieu fee payment by the subdivider, the amount of the in -lieu fee will be based upon the land required for dedication as determined by Section 15.38.025. b. As a condition of approval of the final subdivision map or parcel map, the subdividet shall dedicate the land or pay fees in lieu of land dedication as required by the tentative map or parcel map approval. Where the tentative map requires that fees shall be paid in lieu of or in combination with the dedication of the land, the amount of the in -lieu fee shall be based on the land dedication requirements as established at the time of tentative map approval and the fair market value per buildable acre established by Sections 15.38.040 and 15.38.045 at the time the final map is filed. C. Restrictive covenants acceptable to the City Attorney's office for private park or recreation facilities shall be submitted to "I. the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map. 15.38.065. Disposition of Fees. a. Fees determined pursuant to Section 15.38.040 shall be paid to the city treasurer and shall be deposited into the Subdivision Park Trust Fund, or its successor. Money in said fund, including accrued interest, shall be expended solely for acquisition, development, or rehabilitation of park land, or improvements related thereto. b. The City shall develop a schedule specifying where, when and how it will use the land, fees or both to develop park and recreational facilities to serve the residents of the subdivision. C. Collected fees shall be committed within five years of receipt of payments or within five years after the issuance of building permits on one half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, these fees, less an administrative charge, 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 in the subdivision. d. The City Finance Director shall report annually to the City Council on income, expenditures, and status of the Subdivision Park Trust Fund. 15.38.070. Exemptions. a. Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this Section; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure ME or structures on one or more of the parcels the fee shall be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. b. Commercial or industrial subdivisions. C. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. d. The approving body may, upon receipt of a written request, waive the requirements of Chapter 15.38 for those dwelling units which are to be built as below market rate (BMR) units as defined by the San Rafael General Plan. 15.37.075. Subdivider Provided Park and Re-creation Improvements. The value of park and recreation improvements in addition to those required by Section 15.38.025(d) shall be credited against the fees and/or dedication of land required by this ordinance, provided: 1) The subdivider shall apply to the Recreation Director for permission to construct such improvements; 2) If permission is granted, the Recreation Director shall determine the dollar value of the improvements permitted by the Director. 15.38.080. Access. All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the City Council if the City Council determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents. 15.38.085. Sale of Dedicated Land. If during the ensuing time between dedication of land for park purposes and commencement of first - stage development, circumstances arise which indicate that another site would be more suitable for local park or recreation purposes serving SIM the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the City Council with the resultant funds being used for purchase of a more suitable site. If the City determines to dispose of the property, the subdivider or his successor shall have a right of first refusal to purchase the property at fair market value. 15.38.090. Development Agreement. Except as expressly prohibited by Section 66477 of the California Government Code, the terms and procedures contained in Chapter 15.38 of the San Rafael Municipal Code may be waived or modified by a Development Agreement adopted pursuant to Section 65864 et. seq. of the California Government Code. SECTION 2: Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this ordinance. The City Council of the City hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions should be declared invalid or unconstitutional. SECTION 3: This ordinance is adopted pursuant to California Government Code Section 36937(b) and is hereby declared to be an urgency measure necessary for immediate preservation of the public peace and health in that the provisions of this ordinance are necessary to implement provisions of the San Rafael General Plan 2000 as the same relate to the Recreation Element; and further that said ordinance is necessary so as to permit imposition of dedication and/or fee conditions in connection with the processing of discretionary land use approvals. -11- SECTION 4: This ordinance is hereby declared to be an urgency measure and shall be in force and effect immediately upon its adoption. Within fifteen (15) days after adoption, this ordinance shall be published with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the City of San Rafael. ATTEST: \n_ JE N ESM. LEONCI IN , City Clerk STATE OF CALIFORNIA ) COUNTY OF MARIN ) SS. CITY OF SAN RAFAEL ) G""'a,'.y "a - DOROTHY/6. BREINER, Vice -Mayor I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, certify the forgoing ordinance was passed by the City Council of the City of San Rafael, California, by a vote of four-fifths (4/5ths) of the members thereof, at a regular meeting held on the 17th day of January , 1989 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNDILMEMBERS: Mayor Mulryan A - JEA 7M_LEONCINI, City Clerk -12-