HomeMy WebLinkAboutNS-5.17 ORDINANCE-NS-5.J~
AN ORDINANCE AMENDING ORDINANCE NS-5,.' ~
THE SUBDIVISION ORDINANCE OF THE CITY -~
OF SARATOGA, ESTABLISHING REGULATIONS
FOR DEDICATION OF LAND, PAYMENT OF FEES,
OR BOTH, FOR PARK AND RECREATIONAL PURPOSES.
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The City Counc~il of the City"of Saratoga does hereby
ordain as follows:
Section 1: The within ordinance iS ~dopted pursuant to
the 1965 amendments to the 'Subdivision Map
Act (Business & Professions Code Sections 11510, 11546) relating
to permitting the requirement of either the dedication of land,
the payment of fees, or a combination o'f both, for park or
recreational purposes" as a condition of approval of subdivision
maps,. and the City Council of this City has heretofore adopted
:- ~ general plan containing the required recreational element
with definite principles and standards for park and recreation
facilities to serve the residents of this City, as required.by
said provisions of said code.
Section 2: Pursuant to the foregoing, Sections 3.9'
through 3.9-'5 are hereby added to 'Section
3 of Part Two of Ordfnance NS-~"~f the CiLy of Saratoga, to
read as follows: "
Section ~.9: Subdividers to Provide Park and
Recreation Facilities.
Every sUbdivider ~ha~!~ dedicate a portion of land,
pay a fee, or do both, as hereinafter set forth in this
ordinance, for the purpose of providing park and
recreational'facilities to serve future residents of
such subdivision. The pr6visions of these sections shall
apply to all subdivisions as defined by this ordinance,
including without limitation subdivisions of, four or
less lots and Single lots or parcels under Part Three
of this ordinance, as to all lots, site~ and subdivisions
'for which any::~ehtative subdivision map has been filed
after thirty (30) days from the effective date of these
sections, and excluding from the provisions h~'reof any
industrial subdivision.
Section 3.9-1~ Amount of Land to be Dedicated and
Population Density.
It iS hereby found and determined that the public
interest, convenience, health, welfare and safety require
that four (4) ~cres of property for each 1,000 persons
residing in this City be devoted to park and recreational
purposes, and that no less th~n 2~ acres of property for
each said 1,000 persons shall be supplied by the. require-
ments of these sections. Population density for the purposes
of these sections shall be determined in accord with the
1966 Special Census by Santa Clara County, and thereafter
by such subsequent or future national, state, county, or
city censuses as may be taken, asdesignated by resolution
of the.City Council. The basis for determining total
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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
map is filed f6r.~approval. The amount of land required
to be dedicated by a subdivision pursuant hereto shall
be based upon the gross area included in the subdivision,
determined by the following formula:
DENSITY FORMUtA:
Percentage of the
· gross area of the
Net density per dwelling unit subdivision required
when park land is
dedicated
1 D.U. per acre or more 0.60%
1 D.U. per 1/2to 1 acre 1.20%
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.~0%
1 D.U. per 8,000 to 8,999 sq. lft. 3.01%
1 D.U. per 7,000 to 7,999 sq. ft. 3.40%
1 D.D. 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%
Section 3.9-2: Fee in Lieu 6f 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 3.9-1 hereof. The amount of such fee shall be
a sum equal to Ith~ fair.market value of the amount of
land required' in accord with the following formula:
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FEE FORMULA Sq. ft. of park land
required per gross
Net density per dwelling unit acre of subdivision
1 D. U. per acre or more 262
1 D. U. per 1/2 to 1 ecre 527
1 D. U. per 10,000 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. per 5,000 to 5,999sq. ft. 2,090
10 to 19 D. U.'s per acre 2,680
"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 wi~h current p~actice of the
Santa Clara 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.
Section 3.9-3: Credit for Private Open Space.
Subject to the approval of ~he City Council,
upon recommendation of the Planning Commission,
where private open space for park and recreational purposes is
provided in a proposed subdivision and such space isto be
privately owned and maintained by the future residents of the
subdivision, such areas shall be credited against the require-
ment of dedication for park and recreation purposes, as set
forth in Section 3.9-1 hereof, or payment of fees in lieu
thereof, as set forth in Section 3.9-2 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
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(b) That the private ownership and maintenance of
the open space is adequately provided for by
written agreement; and
(c)That the use oE 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 elininated 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, topo-
graphy, geology, access, and location of the private open space
land; and
(e) That facilities proposed for the.open space are in
Subst~antial accordance with. the provisions of the
recreational element of the general plan, and are approved
by the City Council.
Section 3.9-4: Determination of dedication or in lieu
fee or both.
The procedure for determining whether the subdivider
is to dedicat~ land, pay a fee, or a combination of both, shall
be as follows:
(1) At the time of filing a tentative 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 map as submitted.
(2) At the time of the tenative map approval,the
Planning Commission shall recommend and the City
Council shall determine as part of the final map approval,
whether to require ~ dedication of land within the subdivision
payment of a fee in lieu thereof, or a combination of both.
(3) 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 map. Open
space covenants for private park or recreational faci~ties shall
be submitted to the City prior to approval of the final map and
shall be recorded contemporaneously with the final map.
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 the.city
Council by consideration of the following:
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(1) Recreational element of the City's general
plan; and
(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 Ci[y 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 3.9~5: Limitation on Use of Land and Fees.
The land and fees received under these sections
shall be used only for the purpose of providing park and
recreation facilities to serve the subdivision 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 ~he future
inhabitants of the subdivision. In the event the Sub-
division Map Act of the State of California should in
the future ~e amended to expand or change the uses' fo~
which !said land and/or fees may. be put, such purposes
shall control and the above limitations shall thereafter be
no longer in force and effect. The City Council shall
designate the timew~en development of the park and
recreational facilities shall be com~nenced at the time
of approval of the final subdivision map.
Section 3: If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason
held by a court 6f competent j~risdiCtion to be invalid, such
decision shall not affect the validity of the remaining portions
of this ordinance. The City Council of the City of Saratoga
hereby declares that it would have passed this brdinance and
each section~ subsection, sentence, claus~ and phrase thereof,
irrespective of the fact that any one ormore'sections, subsec-
tions, sentences, clauses or phrases be held invalid or unconsti-
tutional.
Section 4: This ordinance shall ~e in full force and
effect thirty (30) days frQm .and after the
date of its passage and adoption.
The above and foregoing o~dinance was regularly introduced,
and after the waiting time required by law, was thereafter'passed
and adopted at a regular meeting of the City Council ofthe
City of Saratoga held on the 1st d~y of November , 1967,
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