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HomeMy WebLinkAboutOrd 548-1966 ORDINANCE NO. 548 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ESTABLISHING REGULATIONS FOR DEDICATION OF LANDS, PAYMENT OF FEES~ OR BOTH~ FOR PARK AND RECREATION LAND IN SUBDIVISIONS, AND AMENDING ORDINANCE NO.297, AS AMENDED, SO PROVIDING The City Council of the City of South San Francisco does ordain as follows: SECTION I. RECITALS: The City Council of the City of South San Francisco does hereby find~ determine and declare as follows: (a) In 1965, the Legislature of the State of California, amended the Subdivision Map Act (Sec. 11500 et seq. of the Business and Professions Code) so as to enable cities and counties to require either the dedication of land~ the pay- ment of fees, or a combination of both, for park or recreation- al purposes as a condition of approval of a subdivision map; and (b) Before a city or county may avail itself of said Act, it must have a general plan containing a recreational element with definite principles and standards for the park and recreational facilities to serve the residents of the city and county; and (c) The City Council of the City of South San Fran- cisco has adopted a general plan containing such recreational element. SECTION II. AMENDMENT OF ORDINANCE NO.297. AS AMENDED, ADDING 1 . ~ENTRAL RECORDS TO SECTION IV, SUBSECTION 4.34 Ordinance No.297, as amended, entitled "An Ordinance Estab- lishing Subdivision ~sulations for The City of South San Fran- cisco'', adopted May 8, 1950, is hereby amended by adding to SeC- tion IV, Subsection 4.34. 4.34. Regulations for Dedication of land, payment of fees, or both, for park and recreational land in Subdivisions. (a> City defined: City as used in this Subsection shall mean the City of South San Francisco. (b) Subdivider shall provide park and recreational facilities: Every subdivider who subdivides land shall dedicate a portion of such land, pay a fee, or do both, as set forth in this Ordinance for the purpose of providin§ park and re- creational facilities to serve future residents of such Sub- division. (c> Application: Except Subdivisions for which tenta- tive subdivision ~aps have been filed within thirty (30> days after the effective date of this Ordinance and Industrual Subdivisions, the provisions of this Ordinance shall apply to: 1. Ail Subdivisions, as that phrase is defined in Sec. 11500 et seq. of the Business~and Professions Code of the State of California. 2. CommUnity Apartments and/or Condominiums 3. Minor Subdivisions or lot splits (d> Relation of Land Required to Population Density. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that four (4) acres of property, for each one thousand (1,000) persons residing within the City, be devoted to park and recreation- al purposes. (e) Population Density: Population density for the purpose of this Ordinance shall be determined in accordance with .the description of.nei~hborhood-d,nsi~es, embodied in the adoRted General Plan, to wit: ~. Single family dwelling units and duplexes - ~.90 persons per dwelling unit 2. Multiple family dwelling units- 2,20 per- sons per dwelling unit The basis for determining the total number of dwelling units shall be the number of such units permitted by the City on the property included in the Subdivision at the time the final subdivision tract map is filed with the City Coun- cil for approval. (f) Amount of land to be dedicated: The amount of land required to be dedicated by a subdivider pursuant to this Ordinanee shall be based on the gross area included in the subdivision, determined by the following formula: DENSITY FORMULA: Percentage of the Net density per dwelling unit gross area of the subdivision required when park land is dedicated 1D.U. per acre or more 0.60% 1 D.U. per 1/2 to 1 acre 1.20% Percentage of the gross area of the Net density per dwelling unit sub~ivision required when park land is dedicated 1 D.U. per 10,000 sq. ft. to 1/2 acre 1.73% 1 D.U. per 9,000 to 9,999 sq. ft. 2.70% 1 D.U. per 8,000 to 8,999 sq. ft. 3.01% 1 D.U. per 7,000 to 7,999 sq. ft. 3.40% 1 D.U. per 6,000 to 6,999 sq. ft. 3.90% 1 D.U. per 5,000 to 5,999 sq. ft. 4.58% 10 to 19 D.U.'s per acre 5.79% 20 to 29 D.U.'s'per acre 9.30% 30 to 39 D.U.'s per acre 12.56% 40 to 49 D.U. ts per acre 15.58% 50 to 59 D.U.'s per acre 18.40% 60 to 69 D.U.'s per acre 21.05% 70 to 79 D.U.'s per acre 23.54% 80 to 89 D.U.'s per acre 25.85% 90 to 99 D.U.'s per acre 28.00% 1OO D.U.'s and over per acre 29.07% (~) 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 dedic- ated pursuant to Subsection (f) hereof. The amount of such fee shall be a sum equal to the fair market value of the amount of land required in accordance with the following formula: FEE FORMULA: Sq. ft. of park land Net density per dwelling unit required per gross acre of subdivision 1 D.U. per acre or more 262 1 D.U. per 1/2 to 1 acre 527 1 D.U. per 10,O00 sq. ft. to 1/2 acre 767 1 D.U. per 9,000 to 9,999 sq. ft. 1,209 1 D.U. per 8,000 to 8,999 sq. ft. 1,350 1 D.U. per 7,000 to 7,999 sq. ft. 1,532 1 D.U. per 6,000 to 6,999 sq, ft. 1,768 1 D.U. p~r 5,000 to 5,999 sq. ft. 2,090 10 to 19 D.U.'s per acre 2,680 20 to 29 D.U.'s per acre 4,466 30 to 39 D.U.'s per acre 6,257 40 to 49 D.U.'s per acre 8,039 50 to 59 D.U.'s per acre 9,825 60 to 69 D.U.'s per acre 11,611 70 to 79 D.U.'s per acre 13,408 80 to 89 D.U.'s per acre 15,185 90 to 99 D.U.'s per acre 16,969 1OO D.U.'s and over per acre 17,851 Fair market value may be determined as of the time of filing the final map in accordance with the following: 1. The fair market value as determined by the City Council based upon the thenassessed value, modified to equal market value in accordance with current practice of'~(City) (County) assessor; or 2. If the subdivider objects to such evaluation he may, at his expense, obtain an appraisal of the pro- perry by a qualified real estabe appraiser approved by the City, which appraisal may be accepted by the City Council if found reasonable; or 3. The City and subdivider may agree as to the fair market value. (h) Credit for common open landscape areas: Where com- mon open landscaped areas for park and recreational purposes are provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of such subdivision, or maintained by a district created for said purpose, such areas may be credited against the requirement of dedication for park and recreation purposes, as set forth in Subsection (f) hereof, or the pa~ent of fees in lieu thereof, as set forth in Subsection (g) hereof, provided the City Coun- cil 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 t9 be maintained by the zoning and building regulations shall not be included in the com- putation of such common open landscaped areas; 2. That the private ownership and maintenance of the common open landscaped areas is adequately provided for by written agreement or other, undertaking; 3. That the use of the common open landscaped areas is restricted for park and recregtional purposes by recoraea covenants which run with the land in favor of the future owners of property within the tract a~d which cannot be defeated or eliminated without the consent of the City Council. 4. That the proposed common open landscaped areas are reasonably adaptable for use for park and re- creational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location of the common open landscaped areas; 5. That facilities proposed for the common open landscaped areas ar~ in substantial accordance the provisions of the recreational element o~ the general plan, and are approved by the City Council. (i) Choice of Land or Fee. 1. Procedure. The procedure for determinin§ whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows: A. Parcel Ma~s, mi~or subdivisions and lot splits. '£he tees t6 be paid for land sub- Ut .vided by parcel maps, minimum subdivisions and lot splits shall be deposited in escrow with the City Clerk upon filing of the ten- tative map~ to be transferred to the appro- priate City fund upon the filing of the par- cel or final map. B. Subdivider. At the time of filins a tentative tract map for approval, the owner of the property shall, as a part of such filinE indicate whether he desires to dedicate property for park and recreational purposes, or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall desi§nate the area thereof on the tentative trac~ map as sub- mitred. C. Action of City. At the time of the ten- tative tract map approval, the City Council shall determine as a part of such approval, whether to require a dedication of land with- in the subdivision, payment of a fee in lieu thereof, or a combination of both. D. Prerequisites for Appr6val of Final Map. Where dedication is required, it may be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be depositedwith the City prior to the approval of the final tract map. Open space covenants for common open landscaped areas or recreational fa- cilities shall be submitted to the City prior to 'approval of the final tract map and shall be record- ed contemporaneously with the final tract map. 2. Determination. Whether the City Council accepts land dedica~on or elects to require payment 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 subdivision available for dedication; C. Size and shape of the subdivision and land avail- able for dedication. 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 conelusive. On subdivisions involving fifty (50) lots or less, only the payment of fees may be required, except City may e~ect to accept dedication of the land in lieu of said fees. (j) Time of Commencement must be designated: At the time the final tract map is approved or Parcel map filed, the City Coun- cil shall designate the time when development of the park and re- creational facilities shall be commenced. (k) Limitatiom on use of land and fees: The land and fees received under this Ordinance shall be used only for the purpose of providing park and recreatiomal facilities to serve the sub- division for which received and the locatiom of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of ~he subdivision. SECTION III, PUBLICATION AND EFFECTIVE DATE: This Ordinance shall be published once, as prescribed by law, in the "Enterprise-Journal", a newspaper of general circul- ation published and circulated in the City of South San Francis- co, and shall become effective thirty (30) days after passage and adoption. Introduced this 6th day of June , 1966. Passed and adopted as an ordinance of the City of South San Francisco at an ad~.~.~ regulmeting held by the City Council on the 13th day of June , 19 66 , by the following vote: AYES~ COUNCILMEN Frank J. Bertucelli, Patrick E. Ahem. Emilio Cortest, Andrew Rocca and Guido $. Rozzi NOES, None ABSENT, " Nnn~ As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 13th day of June , 19 66 . 0