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HomeMy WebLinkAbout116V rI ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS. THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. RECITALS. That the City Council of the Town of Los Altos Hills, does hereby find, determine and declare as follows: (a) In 1965, the Legislature of the State of California, amended the Subdivision Map Act (Section 11500 et seq. of the Business and Professions Code) so as to enable cities and counties to require either the dedication of land, the payment of fees, or a combination of both, for park or recreational 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 or county; and (c) The City Council of the Town of Los Altos Hills has amended the Town's general plan to include such recreational element. SECTION 2. SUBDIVIDERS MUST 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 providing park and recreational facili- "GORIO 6 FAMANT -1- ties to serve future residents of such subdivision. SECTION 3. APPLICATION. The provisions of this ordinance shall apply to all subdivisions, as that phrase is defined in Section 11500 et seq. of the Business and Professions Code of the State of California, or as defined by any of the applicable ordi- nances of the Town of Los Altos Hills, except subdivisions for which tentative subdivision maps have been filed within thirty (30) days after the effective date of this ordinance and industrial subdivisions. SECTION 4. RELATION OF LAND REQUIRED TO POPULATION DENSITY. It is hereby found and determined: That the public interest, con- venience, health, welfare and safety require that four (4) acres of property, for each one thousand (1,000) persons residing within this City, be devoted to park and recreational purposes. SECTION 5. POPULATION DENSITY. Population density for the purpose of this ordinance shall be determined in accordance with the 1960 Census of Population on Housing: Final Report PHC (1)-82 Los Angeles, Long Beach SMSA, to wit: Single family dwelling units, average 3.1 persons 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 Council for approval. SECTION 6. AMOUNT OF LAND TO BE DEDICATED. The amount of land required to be dedicated by a subdivider pursuant to this ordinance, shall be based on the gross area included in the subdivision, deter- mined by the following formula: DENSITY FORMULA: Net density per dwelling unit 1 D.U. per acre or more LAAD i FAIBANT s,a aaoo -2- Percentage of the gross area of the subdivision required when park land is dedicated 0125 b DENSITY_ FORMULA: (continued) Net density per dwelling unit Percentage of the gross area of the subdivision required when park land is dedicated 1 D U per 1/2 to 1 acre .0250 SECTION 7. 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 6 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 53.75 1 D.U.per 1/2 to 1 acre 107.50 "Fair market value" shall be determined as of the time of filing the final map in accordance with the following: (a) The fair market value as determined by the City Council based upon the then assessed value, modified to equal market value in accordance with current practice of the County assessor; or (b) If the subdivider objects to such evaluation he may, at his expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the City, which appraisal may be accepted by the City Council if found reasonable; or (c) The city and subdivider may agree as to the fair market value. LAOORIO & FAISANT -3- ,VB ALTOS. CALIF. SECTION S. CREDIT FOR PRIVATE OPEN SPACE. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas shall be credited against the requirement of dedication for park and recreation purposes, as set forth in Section 6 hereof, or the payment of fees in lieu thereof, as set forth in SECTION 7 hereof, provided the City Council finds it is in the public interest to do so, and that the following standards are met: (a) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building 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 written agree- ment; and (c) That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council; 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 of the private open space land; 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 are approved by the City Council. -4- 1 SURI0 4 FAISANT r SECTION 9. CHOICE OF LAND OR (a) PROCEDURE. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows: (1) SUBDIVIDER. At the time of filing a tentative tract map for approval, the owner of the property shall, as a part of such filing, 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 designate the area thereof on the tentative tract map as submitted. (2) ACTION OF CITY. At the time of the tentative tract map approval, the City Council shall determine as a part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof. or a combination of both. (3) PREREQUISITES FOR APPROVAL OF FINAL MAP. Where dedication is required it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required the same shall be deposited with the City prior to the approval of the final tract map. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final tract map and shall be recorded contempor- aneously with the final tract map. (b) DETERMINATION. Whether the City Council 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) Recreational element of City's general plan; and L CIORIO 6 FAIBANT -S LOS ALTO., CALIF. %W %0 (2) Topography, geology, access and location of land in the subdivision available for dedication; and (3) Size and shape of the subdivision and land available 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 conclusive. On subdivisions involving fifty (50) lots or less, only the payment of fees shall be required. SECTION 10. TIME OF COMMENCEMENT MUST BE DESIGNATED. At the time the final tract map is approved the City Council shall designate the time when development of the park and recreational facilities shall be commenced. SECTION 11. LIMITATION ON USE OF LAND AND FEES. The land and fess received under this ordinance shall be used only for the pur- pose of providing park and recreational facilities to serve the sub- division for which received and the location 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 the sub- division. SECTION 12. EFFECTIVE DATE. This ordinance shall be posted in three (3) public places within the Town of Los Altos Hills, and become effective thirty (30) days following its adoption. I HEREBY CERTIFY the foregoing Ordinance was regularly introduced at a regular meeting of the City Council of the Town of Los Altos Hills on September 19, 1966, and was thereafter at L GORID & FAISANT -6- at a regular meeting of said Council held on October 3, 1966, adopted by the following roll call vote, to wit: AYES: Councilmen Bowler, Davey, Fowle, Mayor Henley NOES: None ABSENT: Councilman Aiken ATTEST: ' � k`Y'i:i�l���ii mayor U.GONID ! FAIBANT —7 L ITOe�OAI F.