Loading...
HomeMy WebLinkAbout682 Park and Recreation Fee Schedule<~P) ORDINANCE N0. 682 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH REVISING CHAPTER 1 OF DIVISION 9 OF THE UKIAH CITY CODE (SUBDIVISIONS) AND ESTABLISHING PARK AND RECREATION DEDICATION AND FEE SCHEDULE Whereas, the State Subdivision Map Act has been amended, and Whereas, the City Council has the authority to establish dedication and/or fee schedules for parks and recreation relative to subdivisions of land. The City Council of the City of Ukiah does Ordain as follows: Section 1. Section 8000 of the Ukiah City Code is amended to read as follows: Section 8000 - Authority: The authority for these regulations is taken pursuant to the provisions of an act of the Legislature of the State of California set forth in Chapter 1536 of the statutes of 1974 (Government Code §66410 et seq.), commonly referred to as the "Subdivision Map Act". Section 2. Section 8004 is added to the Ukiah City Code to read as follows: Section 8004 - Conformity to General Plan and Waiver: General plan conformance; time for or vaaiver of report. a) A report as to conformity to the general plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the Planning Commission on such division of land. b) Such report is not required fora proposed subdivision which involves 1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; 2) acquisitions, dispositions or abandonments for street widening; or 3) alignment projects, provided that the Planning Commission expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature. Section 3. Section 8025 is hereby repealed; Section 8025 and 8026 are hereby added to the Ukiah City Code to read as follows: Section 8025 - Subdivider: Subdivider means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others. Section 8026 - Subdivision: Subdivision means the division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes a condominium project, as defined inlSection 11004 of ti-;: Section 5. Subsection (c) is added to Section 8030 to read as follows: Minor subdivi9ions as hereinafter defined (Section 8300) are not subject to thA filing of a tentative map. Section 6. Section 8032 is hereby amended by adding thereto the phrase "following its review" following the words "10 days" in the second sentence of said section. Section 7. Section 8140 is amended by deleting therefrom the last portion of the first sentence beginning with "or in Sections ." Section 8. Section 8142 is amended by having the second sentence thereof read as follows: As a condition to the building permit, the Building Inspector shall require that the approved recommended action be incorporated fn the construction of each dwelling. Section 9. Section 8162 is amended by adding thereto the phrase "not less than" between the words "of" and "Class". Section 10. Section 8250 is amended to read as follows: Within 365 days after approval of the tentative map or at a later date by mutual agreement between the City Council and the subdivider, said date not to exceed 18 months from the date of approval, the subdivider shall cause the subdivision to be accurately surveyed in accordance with the tentative map and within said time he shall file with the City Engineer a final map of the subdivision conforming in all particulars to the "Map Act" and this chapter. Any failure to so file such a final map shall terminate all pro- ceedings. Section 11. Section 8251 is hereby repealed. Sections succeeding repealed, Section 8251 shall be re-numbered assuming the next lower number, Section 12. Section 8254 is amended by adding to the title thereof the phrase "soils report" and by adding the following sentence to said section: When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report. Section 13. Section 8262 is amended to read as follows: Section 8262 - Certificate of consent; exceptions: A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the prepa- ration and recordation of the final map is required, except as follows: a) Neither a lien for state, county, municipal or local taxes, nor for special assessments, nor beneficial interest under trust deeds, nor a trust interest under bond indentures, nor mechanics' liens constitute a record title interest in land for the purpose of this chapter. b) Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map: 1) Rights-of-way, easements or other interests which cannot ripen `~e) receipt thereof, otherwise the signature may be omitted. Failure of the public entity or public utility to object to recording the final map without its signature shall in no way affect its rights under a right-of-way or easement. 2) Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map. - 3) Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances, if (i) the ownership of such interests or rights does not include a right of entry on the surface of the land, or (ii) the use of the land, or the surface thereof, in connection with the ownership of such interests or rights, is prohibited by zoning or other local ordinances or regulations, provided that such signatures may be required by a local agency. c) Real property originally patented by the United States or by the State of California, which original patent reserved interest to either or both of such entities, may be included in the fiinal map without the consent of the United States or the State of California thereto or to dedications made thereon. Section 14. Section 8263 is amended by adding thereto the following sentence after the first sentence in said section: The certificate shall meet the requirements of Section 66441 of the Government Code. Section 15. Section 8264 is amended to read as follows: A certificate, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Section 8262, offering for dedication for public use those certain parcels of land which said parties desire to dedicate shall appear on the final map. Section 16. Section 8265 is amended by adding thereto the following sentence: It shall contain the information required by Section 6G4A2of the Government Code. Section 17. Section 8291 is amended to read as follows: Section 8291 - Reversion to acreage by final map; Subdivided real property may be reverted to acreage pursuant to the provisions of Section 66499.11 through Section 66499.20-1/2 of the Government Code. Section 18. The title of Article 18 is amended to read as follows: Article 18 - Minor Subdivision - Parcel Map Required. Section 19. Section 8302 is amended to read as follows: The subdivider of a minor subidvision shall file an application with the City Engineer on a form prescribed by the City Engineer. The application shall be accompanied by a fee established by resolution of the City Council which will not be refundable, together with a parcel map prepared as set forth ____ in Section 66445 of the Government Code. a ~; 4', Section 23. Section 8332 is added to read as follows: Section 8332 - Supplemental Improvements; required: The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the pub}ic. However, the subdivider ,sYia11 be reimbursed for that portion of the cost or such improvements equal to the difference between the amount it would have cost the subdivider to install such improve- ments to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of this chapter. Section 24. Section 8333 is added to read as follows: Section 8333 - Supplemental Improvements; reimbursement agreement; funding procedures; No charge, area of benefit or local benefit district shall be established unless and until a public hearing is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. In addition to public notice, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten (10) days prior to the date established for hearing. Section 25. Section 8334 is added to read as follows: Section 8334 - Supplemental Improvements; drainage, sewerage, bridges and major thoroughfares: If the City has adopted a local drainage or sanitary sewer plan or map --- as required for the imposition of fees therefor, or has established an area of benefit for bridges ormajor~tlicroughfares as provided in this ordinance, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this ordinance. The City may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares and the charges collected by the City therefor may be utilized to reimburse the subdivider as set forth herein. Section 26. Section 8335 is added to read as follows: Section 8335 - Environmental impact; No parcel or tentative map filed pursuant to the provisions of this chapter shall be approved _~antilenvironmental clearance is given in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents. Section 27. Section 8336 is added to read as follows: Section 8336 - Grading and Erosion Control: 18 "~ Section 29. Article 21 is added to Chapter 1 to read as follows: ARTICLE 21 - PARK AND RECREATION; DEDICATION; RESERVATIONS; FEES Section 8400 - Purpose. This chapter is enacted pursuant to the authority granted by Section 66477 of the Government 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 chapter are in accordance with the recreational element of the General Plan of the City of Ukiah, adopted by the City of Ukiah on August 21, 1974. Section 8401 - Requirements As a condition of approval of a final map or parcel map, 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 article. Section 8402 - General Standard. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that five acres of property for each 1,000 persons residing within this city be devoted to local park and recreational purposes. Section 8403 - Standards and formula for dedication of land. Where a park or recreational facility has been designated in the City of Ukiah "Master Park and Recreation Plan," and element of the General Plan tSf the city, 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 to serve the residents of the subdivision. The amount - of land to be provided shall be determined pursuant to the following standards and formula: The formula for determining acreage to be dedicated shall be as follows: Average No. of Persons/Dwelling Unit - 1,000 population park acreage standard DU = Dwelling Unit (Example for single family DU: 3.6 - 1,000 = .018 ac./U) ' 5 The following table of population density is to be followed: Park Land Dedication Formula Table Acreage/DU Types of Dwellings Average Density/DU 5 ac. Std. Single Family 3.6 .0180 Duplex & Condominiums 3.1 .0155 Apartments (tri-plexes 1.8 .0090 and above) Section 8404 - Formula for fees in lieu of land dedication. a) General formula. If there is no park or recreational facility designated 1~8 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 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 8403 hereof and in an amount determined in accor- dance with the provisions of Section 8405 hereof. c) Use of money. The money collected the purpose of providing park or r~ related to serving the subdivision land or, if the City Council deems for the subdivision, for improving purposes. hereunder shall be used only for :creational facilities reasonably by way of the purchase of necessary that there is sufficient land available of such land for park and recreational Section 8405 - Criteria for requiring both dedication and fee. In subdivisions of over 50 lots, the subdivider shall both dedicate land and pay a fee in lieu therof in accordance with the following formula: a) When only a portion of the land to be subdivided is proposed on the City of Ukiah "Mast,er Park and Recreation Plan" as the site fora local park, such portion sna11 be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 8406 hereof shall be paid for any additional land that would have been required to be dedicated pursuant to Section 8403 hereof. b) When 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 8406 hereof shall be paid in an amount equal to the value of the landich would otherwise have been required to be dedicated pursuant ction 8403 hereof, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision. Section 8406 - Amount of fee in lieu of land dedication. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 8403 hereof. The "fair market value" shall be determined at the time of filing the tentative map or parcel map. Section 8407 - Determination of land or fee. Whether the City Council accepts land dedication or elects to require pay- ment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: a) recreational element of the city's general plan; b) topography, geology, access and location of land in the subidvision available for dedication; c) size and shape of the subdivision and land available for dedication; d) the feasibility of dedication; e) compatibility of dedication within the City of Ukiah "Master Park and Recreation Plan"; and f) availability of previously acquired park property. The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. 4 ~:~ / R ~ 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 oepn space is adequately provided for by recorded written agreement, conveyance, or restriction; 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 eliminated without the consent of the city of 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 sapce are in substantial accord- ance with the provisions of the recreational element of the general plan. Section 8409 - Procedure. At the time of approval of the tentative map or parcel map, the Planning Commission on the recommendation of the Parks and Recreation Commission shall determine pursuant to Section 8403 hereof the land to be dedicated and/or fees to be paid by the subdivider. At the time of the filing of the final map or parcel 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 map or parcel map and shall be recorded concurrent with the final subdilvision map or parcel map. Section 8410 - Exemptions The provisions of this article shall not apply to subdivisions containing less than five (5) parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. The provisions of this chapter also shall not apply to industrial subdivisions; nor to condominium projects 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; nor to parcel maps fora subdivision containing less than five (5) parcels fora shopping center containing more than 300,000 square feet of gross leasable area and no residential development or uses. Section 8420 - School Site Reservations; Requirements As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the City of Ukiah shall reserve for any eligible public school district such lands as the Planning Commission shall deem to be necessary for the purpose of constructing adequate school facilities. Section 8421 - Procedure. ~~ ~)l1 Section 8422 - Payments to subdivider for school site reservation. Any eligible public school district shall, if a reservation is accepted, repay to the subdivider or his successors the market value of the land at the time of approval of the final map, plus a sum equal to the total of the following amounts: a) the cost of any improvements to the reserved land since acquisition by the subdivider; b) the taxes assessed against the reserved land from the date of the eligible public school districts' officer to enter into the binding commitment to accept the reservation; - c) any other costs incurred by the subdivider in maintenance of such reserved land, including imputed interest costs on such land. For the purposes of this sub-section and Section 8433 imputed interest is defined as the sum of money cost calculated by multiplying the market value purchase basis of the land reserved times the market rate of interest at the time the reservation is made. Section 8430 - General Reservations; Requirements. As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in Section 8431. Section 8431 - Standards and formula for reservation of land. Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element and/or public building element, the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the definite principles and standards contained in the above specific plan or general plan. The reserved area must be of such size and shape as to permit the balance of the property _ _ within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make develop- ment of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. Section 8432 - Procedure. The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. Section 8433 - Payment. The purchase price shall be the market value of the land at the time of approval of the final map, plus a sum equal to the total of the following amounts: a) the taxes against such reserved area from the date of the reservation; b) any other costs incurred by the subdivider in the maintenance of such reserved area, including imputed interest costs on such land. M. ~. / ~_ Section 30. This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. Section 31. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED this 21st day of April, 1976, by the following roll call vote: AYES: Councilmen Brannon, NOES: None ABSENT: Councilman Feibusch Simpson, Councilwoman Pearson, Mayor Wood s/Barry Wood Mayor ATTEST: s/Hattie ~4. Tillotson City Clerk a ~ ~~ cc~-y ~ N'~. -1~ %~" a- ~ ~.