HomeMy WebLinkAbout102-Proposed Ordinance.pdf 1
ORDINANCE NO. __________
AN ORDINANCE AMENDING THE SARATOGA MUNICIPAL CODE REGARDING PARK
AND RECREATION DEDICATIONS AND FEES
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings
A. The City of Saratoga recognizes the importance of adequate opportunities for
access to recreation and open space for all residents.
B. The Open Space and Conservation Element of the City’s General Plan, updated in
June, 2007, calls for the City to attain a goal of five acres of developed municipal
parkland per 1,000 residents. This number is based on the National Recreation
and Park Associate standard and is a common metric used by other communities
in California to measure adequacy of parkland.
C. The City’s Parks and Trails Master Plan, in order to meet the needs of the
residents of Saratoga, sets a goal of providing five acres of local parkland for each
1,000 residents of the City.
D. The existing City Code requires that only three acres of real property for each
1,000 persons residing within the City be devoted to park and recreational
purposes.
E. It is the intent of the City Council to update the City Code to conform to the
General Plan and Parks and Trails Master Plan and to make various other
technical amendments to the City’s code provisions governing park and recreation
dedication and fees.
SECTION 2. Adoption.
A. Section 14-25.080 of the Saratoga City Code is hereby amended by adding the
text shown in bold double-underlined-italics (example) and deleting the text
shown in strikeout (example) in Attachment A.
SECTION 3. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14
California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are
exempt because it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment).
SECTION 4. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
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section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph,
sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it
would have adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this ordinance
should remain in effect after the invalid portion has been eliminated.
SECTION 5. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 15th day of July, 2009, and was adopted by the following vote
following a second reading on the _____ day of ___________________________, 2009:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
__________________________________ __
CHUCK PAGE
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
ATTEST:
__________________________________
ANN SULLIVAN
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
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Attachment A
14-25.080 Park and recreation dedication and fees.
(a) Purpose, application and exemptions. As a condition of each final map approval, and to be
detailed in the conditions of tentative map, every subdivider or owner shall be required to, and
shall 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 or recreational facilities reasonably related to
serving the development and in accord with the standards and provisions as hereafter set forth.
The provisions of this Section are enacted pursuant to Section 66477 of the Government Code
and are hereby found to be in accord with the recreational element Open Space and
Conservation Element of the General Plan. The requirements of this Section shall not apply to
any of the following:
(1) Subdivisions or sites or portions thereof for commercial or industrial uses.
(2) Subdivisions containing less than five parcels lots and not used for residential
purposes. However, in that event, it shall automatically be a condition of approval of a
parcel or tentative map tentative approval of any such subdivision that if a building
permit is requested for construction of a residential structure or structures on one or more
of such lots parcels within four years from the date of recording the final map, the fee in
lieu of dedication, as prescribed in this Section, shall be paid by the owner of each such
lot as a condition to the issuance of the building permit.
(3) Any condominium project or stock cooperatives that which consists of in the
subdivision of air space of an existing multi-unit structure apartment building which is
more than five years old, where when no new dwelling units are added thereto.
(4) Such other exceptions as may hereafter be added to the Map Act.
(b) Standards and formula for land dedication. It is hereby found and determined that the public
interest, convenience, health, welfare and safety require that three five acres of real property for
each one thousand persons residing within the City be devoted to park and recreational purposes.
Where a park or recreational facility has been designated in the Open Space and Conservation
Element recreational element of the General Plan or has been otherwise designated by the City
Council and is has been proposed to be located in whole or in part within the proposed
subdivision to serve the immediate or future needs of the residents of such subdivision, the
subdivider shall dedicate land within the area of such subdivision for a local park use. consistent
with said recreational element . The amount of land (expressed in acreage) required to be
dedicated shall be based upon the average number of persons per household, based upon the
most recent available federal census, divided by 333.33200 (the quotient of one thousand persons
per three five acres).
(c) Fees in lieu of land dedication. In the event there is no park or recreational facility
designated as described in subsection (b), above, in the recreational element of the General Plan
to be located in whole or in part within the proposed subdivision or site, or in the event that the
proposed subdivision contains fifty or less lots or parcels, then the subdivider or owner shall pay
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a fee to the City in lieu of dedicating land, which 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 this Section. If a condominium project, stock cooperative, or community
apartment project (as defined in California. Civil Code § 1351) exceeds fifty dwelling units,
dedication of land may be required notwithstanding that the number of parcels may be less
than fifty. "Fair market value", as used herein, shall be product of (1) the estimated cost of
parkland in Saratoga as determined by the City Council and (2) the amount of land that would
be required to be dedicated pursuant to subsection (b), above.either the average estimated fair
market value for all residentially zoned real property located in the City, or 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,
Community Development Director whichever shall be the greater.
(d) Use of land dedications and fees. The land, fees or combination thereof are to be used
only for the purpose of developing new or rehabilitating existing neighborhood or community
park or recreational facilities to serve the subdivision. All fees collected under this section
shall be committed within five years after the payment of the fees or the issuance of building
permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees
are not committed, they, without any deductions, shall be distributed and paid to the then
record owners of the subdivision in the same proportion that the size of their lots bears to the
total area of all lots within the subdivision. All fees collected under this sSection shall be used
only for the purpose of providing park or recreational facilities reasonably related to serving the
subdivision or site by way of purchase of necessary land or, in the event sufficient land is
available, for improving of such land for park and recreational purposes, or both. Interest earned
on the accumulated fees may be used for the maintenance of any existing parks in the City, so
long as such use is permitted under the Map Act.
(e) Requirement of both dedication and fees. Both dedication of a portion of land, together with
the payment of fees may be required to be in accord with the following criteria:
(1) Where only a portion of the land to be subdivided or developed is proposed in the
recreation element Open Space and Conservation Element of the General Plan or
otherwise by the City Council as a site for a local park or recreational area, such portion
shall be dedicated for local park purposes and a fee computed pursuant to Paragraph (c)
of this Section shall be paid for any additional land that would have been required to be
dedicated pursuant to Paragraph subsection (b), above of this Section.
(2) Where a major part of the local park or recreational area has already been acquired
by the City and only a portion of land is needed from the subdivision or building site to
complete such park, such remaining portion shall be dedicated and a fee computed as
hereinabove set forth shall be paid in an amount equal to the value of the land which
would otherwise have been required to be dedicated for the balance thereof.
(f) Property not included in General Plan. Where the proposed subdivision lies within an area
to be annexed to the City urban service area not yet shown and delineated on the General Plan of
the City, by reason of it not having been a part of the City at the time of the adoption of the
General Plan, but intended to be included within the General Plan, the subdivider or owner shall
dedicate land, or pay a fee in lieu thereof, or both, in accord with the adopted park and
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recreational policies and standards of the General Plan and the provisions of this sSection, and
whether land dedication, or fee in lieu thereof, or a combination of both shall be required as
determined by the approving authority.,
shall be determined upon consideration of the following:
(1) Recreational element of the General Plan.
(2) Topography, geology, access and location of land in the subdivision or site available for
dedication.
(3) Size and shape of the subdivision or site and land available for dedication.
(4) Feasibility of dedication, and compatibility with the recreational element of the General
Plan.
(g) Credit for private open space. Where a private open space for park and recreational purposes
is provided in a proposed common interest development (as defined by California. Civil Code §
1351) subdivision or site and such space is to be privately owned and maintained by future
residents of the development, a credit not to exceed fifty percent may be given against the
requirement of dedication for park and recreation purposes or payment of fees in lieu thereof,
provided the City Council finds that 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 to be maintained by
the zoning and building regulations shall not be included in the computation of such
private open space; and
(2) That the private ownership and maintenance of the open space is adequately
provided for by written agreement, conveyance or restrictions; and
(3) 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 subdivision or site and which cannot be defeated or eliminated without the
consent of the City Council; and
(4) 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
(5) 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.
(h) Amendment to Map Act. In the event the Map Act should in the future be amended to
expand or change the permitted uses of land dedicated or in lieu fees laid under this Section, such
purposes shall control and the limitations set forth in this Section to the extent they are
inconsistent with the amended Map Act, shall no longer have any force or effect.
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