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ORDINANCE NO. 4 2 9
ORDINANCE OF THE COUNCIL OF THE TOWN OF LOS ALTOS HILLS
AMENDING THE SUBDIVISION ORDINANCE, TITLE 9, ARTICLE 14
"PARKS AND RECREATION REQUIREMENTS", SECTIONS 9-1.1403,
9-1.1405, 9-1.1406
The Council of the Town of Los Altos Hills does ORDAIN as follows:
SECTION 1. Findings and Declarations: The City Council finds and declares
that:
A. In enacting that ordinance the Council determined that the ordinance as
amended includes definite standards for determining the proportion of a
subdivision to be dedicated and the amount of any fee to be paid in-lieu
thereof.
B. In enacting that ordinance the Council determined that conservation
easements are important for protecting natural resources and public safety.
However, they do not contribute to the amount of public land available for
parks and recreation.
C. In enacting that ordinance the Council determined that conservation
easements shall continue to be required for purposes of protecting natural
resources except that they shall not be accepted in-lieu of public park land
and recreational facilities or fees that the Town may otherwise require
from residential subdividers pursuant to Government Code § 66477 and
the Town Recreation Element of the Town General Plan.
SECTION 2. Article 14 of Title 9 of the Los Altos Hills Municipal Code is
herby amended to read as follows:
Sec. 9-1.1403. Requirements for park and recreation dedication fees.
(a)Every subdivider shall be required to dedicate a portion of land, or pay a
fee in lieu thereof, or a combination of both, at the option of the City for the
purpose of providing park and/or recreational space/facilities. Said authority shall
be governed by Section 9-1.1402.
(b)Fees in lieu of land dedication. A subdivider may pay a fee to the City
in lieu of dedicating land if(1) there is no park or recreational facility to be located
in whole or in part within the proposed subdivision or site, or (2) the proposed
subdivision contains fifty or fewer lots or parcels. Such fee shall be in an amount
equal to the fair market value of the amount of land which would otherwise be
required to be dedicated pursuant to Paragraph (b) of Section 9-1.1404. "Fair
market value," as used herein, shall be the greater of(1) the average estimated fair
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market value for all residentially zoned real property located in the Town as
determined by the Planning Director, or(2) the fair market value of the land in the
subdivision or site, based upon its then assessed value modified to equal market
value in accord with the current practices of the County assessor and as determined
by the Planning Director.
(c)The land, fees, or combination of both are to be used only for the
purpose of providing park or recreational facilities to serve the subject subdivision.
Sec. 9-1.1405. Land credit toward park and recreation requirements for
subdivisions of fifty lots or fewer.
Lands to be utilized for park and recreation purposes and reserved for the exclusive use
of the inhabitants, guests, employees or tenants of the subdivision shall be credited
against the park and recreation obligations as set forth in Section 9-1.1404, inclusive.
(a) Should the private park and recreation area exceed the requirements of Section
9-1.1404, inclusive no monetary compensation or land credit shall be given the
subdivider by the City.
(b) Should the private park and recreation area fail to fulfill the requirements of
Section 9-1.1404, inclusive, the difference between the area utilized for private park and
recreation purposes,and that required shall be satisfied by the payment of moneys.
Sec. 9-1.1406. Procedure for land credit for subdivisions of fifty lots or fewer.
The procedure for determining whether a subdivider shall be given credit for land
which is utilized for private park and recreation space to satisfy the requirements of
Section 9-1.1404, inclusive, shall be as follows:
'(a)At the time of the filing of the tentative map for approval, the owner of the
property shall as part of such filing indicate whether he desires to reserve an area within
the subdivision for a private park or recreational area, or a combination of land dedication
or reservation and the payment of a fee, or the payment of a fee only, to satisfy the
requirements of Section 9-1.1404, inclusive.
(b)Whether the City Council approves the area reserved for private park and
recreation use as proposed by the subdivider shall be determined by their consideration
of:
(1)The recommendation of the Planning Commission;
(2)That the amount and location of land to be dedicated or reserved for
private recreation bears a reasonable relationship to the park and recreational
needs of the future inhabitants of the subdivision;
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(3)That the topography, size, shape, geology, or access to the private park
and recreational area is of such portion and nature to allow for human utilization.
The determination of the Council as to whether offers of private park and
recreational space shall be considered in whole or part for the fulfillment of the
requirements of Section 9-1.1404, inclusive, shall be final and conclusive.
SECTION 3. The City Council finds that this project is exempt from the
provisions of the Environmental Quality Act ("CEQA") because it can be seen with
certainty that there is no possibility that this project will have a significant adverse effect
on the environment.
SECTION 4. This ordinance shall be effective on the thirty-first day after the
date of its adoption.
INTRODUCED: July 17 , 2003
PASSED: August 7 , 2003
AYES: Mayor Emily Ching, Mayor Pro Tem 09'Malley,
Councilmember Fenwick, Councilmember Kerr and
NOES: Councilmember Warshawsky
None
ABSENT: None
ABSTENTIONS: None
ATTEST:
City Clerk Mayor
APPROVE"S TO FORM: A P OVED:
City Attorne City Manager
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