HomeMy WebLinkAbout0565ORDINANCE NO. _ 565 (1972--Series)
AN ORDINPNCE OF 7-HE CITY OF E7, AN LUIS OBISPO iYMENDING ARTICLIE IX;
C IAPTER I OF THE "lUNICIPAL CODE, ESTABLISHING? RFGULA'T'IONS FOR DEDICAIIII014
OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND IN
SUBDIVISIONS.
BE IT ORDAINED by the Council of the City of San Luis Obispo:
1. :article X, Chapter 1 Subdivisions of the Municipal Code is
hereby amended by adding thereto Section 9100.3.12 and subsections
thereunder as follows: �
Section 3100.3.12. Purpose. This ordinance is enacted pursuant to
the authority granted by sections 11510 and 11546 of the Business and
Professions Code of the State of California. The park and recreational
facilities for which dedication of land and /or payment of a fee is required
by this ordinance are in accordance with the recreational element of the
General Plan of the Citv of San Luis Obispo.
Section 9100.3.12.1. Requirements. As a condition of approval of a
final subdivision nap, the subdivider shall dedicate land, pay a fee in
lieu thereof, or both, at the option of the city, for park or recreational
purposes at the time and according to the standards and formula contained
in this ordinance.
Section 9100.3.12.2. General Standard. It is hereby found and determined:
(a) That the public interest, convenience, health, safety and welfare require
_ �tiat five (5) acres of property be devoted to park and recreational purposes for each
one thousand (1,000) persons residing within the City.
(b) That each new subdivision within the City shall be required to dedicate pro
rata five (5) acres of property for each one thousand (1,000) residents anticipated therein, or
to pay equivalent fees as ottE rwise provided in this ordinance, subject to the provisions
of paragraph (c) hereof.
(c) Said dedication or fee requirements may be satisfied in part by cooperative
arrangements between the City and the local school districts which make available up to
one. -half of said five acres per one thousand population where such schools are determined
by the City, in its sole discretion, to be so located as to serve the park and recreational
needs of a proposed subdivision.
Section 9100.3.12.3. Standards and formula for the dedication of land.
Where* a park or recreational facility has been designated in the Recreation
and Open Space Part I and II, an element of the General Plan of the city, and
is to be located in whole or in part within the proposed subdivision to serve
the i,.unedi.ate and future needs of the residents of the subdivision, the sub-
divider shall dedicate land for a local park sufficient in size and topography
to serve the residents of the subdivision. The am.ount of land to be provided
shall he determined pursuant to the following standards and formula:
L..' / &—
Formula based on population estimate
The formula for determining acreage to be dedicated shall be
as follows:
Average No. of Persons /Unit 1_,000 population
park acreage standard
(Example for single family DU: 3.1 1,000 = ,01550 ac• /U (or less))
less)
The following table of population density is to be followed:
Park Land Dedication Formula Table
Average Acreage /DU
Types of Dwellings Density /DU 5.0 ac. Std.
Single family 3.1 .01550
Multiple family 2.3 ,01150
Section 9100.3.12.4. Formula for fees in lieu of land dedication.
(a) General formula. If there is no parr: or recreational facility
designated in the Recreation and Open Space Part I and II to be located in
whole or in part within the proposed subdivision to serve the immediate and
future needs of the residents of the subdivision, the subdivider shall, in
lieu of dedicating land, pay a fee equal to the value of the land prescribed
for dedication in Section 9100.3.12.3 hereof and in an amount determined in
accordance with the provisions of Section 9100.3.12.6 hereof, such fee to be
used for a local park which will serve the residents of the area being
subdivided.
(b) Fees in lieu of land; 50 parcels or less. If the proposed subdi-
vision contains fifty (50) parcels or less, the'subdivider shall pay a fee
equal to the land value of the portion of the local,park required to serve
the needs of the residents of the proposed subdivision as prescribed in
Section 9100.3.12.3 hereof and in an amount determined in accordance with the
provisions of Section 5100.3.12.6 hereof.
(c) Use of t-!oney. Tne money collected 'hereunder shall be used only
for the purpose of providing nark or recreational facilities reasonably
related to serving the subdivision by way of the purchase of necessary land
or, if the Planning Commission, after considering the recommendations of the
Park and Recreation Corl.mission, deems that there is sufficient land available
for the subdivision, for improving of such land for park and recreational
purposes.
Section 9100.3.12.5, Criteria for requiring, both dedication and fee.
In subdivisions of over 50 lots, t ne subdivider shall both dedicate landR
and pay a fee in lieu thereof in accordance with the following formula:
Page 2
(a) When only a portion of the land to be subdivided is proposed on the
Recreation and Open Space Part I and II as the site for a local park, such
portion shall be dedicated for local park purposes and a fee computed pursuant
to the provisions of Section 9100.3.12.6 hereof shall be paid for any additional
land that would have been required to be dedicated pursuant to Section
9100.3.12.3 hereof.
(b) :-7hen a major part of the local park or recreational 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 the provisions of Section 9100.3.12.6
hereof shall be paid in an amount equal to the value of the land which would
otherwise have been required to be dedicated uursuant,to Section 9100.3.12.3
hereof, such fees to be used for the im- Drovement of the existing park and
recreational facility or for the improvement of other local parks and recrea-
tional facilities in the area serving the subdivision.
_ Section 9100.3.12.6. mount of fee in lieu of land dedication. ;'here
a fee is required to �e paid in lieu of land dedication, the amount of such
fee shall ':.,n .Dasec': upon the fair market value of the amount of land ,;hi cli
would ot:zerwise be r^_ruired to .De dedicated pursuant to' Section 9100.3.12.3
:hereof. T'he fee s:iall '_)e paid pursuant to tze provisions contained in
Section 9100.3.12.10 hereof. The "fair market value shall be determined: at
the time of filing the tentative map.
Section 910_0. 3.12.7. Suhdivisions not within general plan. F'here the
propose(, subdivision.lies within an area not then but to be included Within
the city general Man, the su)Aivider shall dedicate land, pay a fee in lieu
thereof, or both,-in accordance with the adopted park and recreational
principles and standards of the city general plan and in accordance with tie
provisions of this ordinance.
Section 9100.3.12.2. Determination of land or fee. IThether the Planning
Commission, after considering the recommendations cf ttie.Park,and Recreation
Commission, 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:
J
(a) recreational element of the citv'.s general plan;
(b) topography, geology, access and location of land in the subdivision
available for dedication;
(c) size and shape of the subdivision and land available for dedication;
(d?.) the feasibility of dedication;
(e) compatibility of dedication with the Recreation and Open Space
(elements) Part I and II; and
(f) availa -,ility of previously acquirer: par' property.
The determination of tie Planning Commission as to whether land shali be
dedicated, or tl=hether a fee shall be charged, or a combination thereof, shall
be final and conclusive.
Page 3
Section 9100.3.12.9. Credit for private open space.
Partial credit. Where private open space for park and recreational
purposes is provided in a proposed subdivision anc: such space is to be
privately owned and maintained by the future residents of the subdivision,
partial credit, not to exceed 50%, may be given against the requirement of
land dedication or payment of fees in lieu thereof if the Planning Commission,
after considering the recommendations of the Park and Recreation Commission,
finds that it is in the public interest to do so and that all.the following
standards are met:
(a) that yards, court areas, setbacks, and other open areas required
to be maintained by the zoning and building ordinances and regulations shall
not be included 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 recorded written agreement, conveyance, or
restrictions; and
(c) that the use of the private open space is restricted for park and
recreational purposes by recorded covenant,.which runs with the land in
favor of the future owners of property and which cannot be defeated or elim-
inated without the consent of the city or its successor; and
(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; 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
(f) that the open space for which credit is given is a minimum of
three acres and provides all (or a minimum of five) of the.local park basic
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;
1.
Children's play apparatus area
.50
Acres
to
.
.75
2.
Landscape park -like and quiet areas
.50
to
1.00
3.
Family picnic area
.25
to
4.
Game court area
.25
to
.75
5.
Turf playfield
1.00
to
.50
3.00
6.
Swim pool (45' x 75' 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.
Page 4
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Section 9100.3.12.10. Procedure. At the time of approval of the
tentative subdivision map, the Planning Commission shall determine pursuant
to Section 9100.3.12.8 hereof the land to be dedicated and /or fees to be
paid by the subdivider.
At the time of the filing of the final subdivision map, the subdivider
shall dedicate the land or pay the fees as previously determined by the
Planning Commission.
Open space covenants for private park or recreational facilities shall
be submitted to the city prior to approval of the final subdivision man and
shall be recorded contemporaneously with the final subdivision map.
Section 9100.3.12.11. Commencement of development. At the time of
approval of the final subdivision map, the City Council shall specify when
development of the park or recreational facilities shall be commenced.
Section 9100.3.12.12. Industrial subdivisions. The provisions of this
ordinance shall not apply to industrial subdivisions."
2. This Ordinance, together with the ayes and noes, shall be published once
in full, at least three days prior to its final passage, in the Telegram - Tribune, a
newspaper published and circulated in said City, and the same shall go into effect
at the expiration of thirty days after its said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a Regular Meeting held thereof on the 18th day of September, 1972, on
motion of Councilman Gurnee, seconded by Councilman Blake, and on the following
roll call vote:
AYES: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz
NOE S: None
ABSENT: None
ATTEST:
Page 5
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0 565
FINALLY PASSED this 2nd day of October 19 72 ,
by the following roll call vote:
ATTEST :..
AYES: Councilmen Blake, Brown, Graham, Gurnee and
Mayor Schwartz
NOES: None
ABSENT: None
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