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HomeMy WebLinkAboutOrdinance 271AN 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. SECTION 4. Severance Clause. ORDINANCE NO. 271 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). 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- 1 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 2 day of September 2009: COUNCIL MEMBERS: AYES: Councilmember Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page NAYS: None ABSENT: None ABSTAIN: None SI CHUCK PAGE MAYOR OF THE CITY OF S Saratoga, California ATTEST: TOGA IVAN CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY 2 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 recr tional 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 loth 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 [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 nacres 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 recr ational element of the General Plan or has been otherwise designated by the Ciry 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 thrce nacres). (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 recr ational element of the General Plan or in the event that the proposed subdivision contains fifty or less lots or parcels, then the subdivider or owner shall pay a fee to the City in lieu of dedicating land, which shall be in an amount equal to the fair market 1 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 a artm'n , r as de fined in rni 13 1 'xcee' ' w lin - . nits dedication of land may be required notwithstanding that the number o ar els ma b • l • 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 thc average estimated fair market value for all residentially zoned real property located in thc City, or the fair market value of the land in thc 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, (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 nei - hborho I • or comm , ni 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 undcr this sSection shall be used only for the purpose of providing park or recreational facilities reasonably related to serving thc 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 arned on the accumulated fees may be used for thc maintenance of any existing parks in the City, so long as such use is permittcd under thc 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 recr ation clement 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 Pafagfapli 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 arca not yet shown and dclin atcd on thc General Plan of the City, by reason of it not having been a part of the City at thc 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 adapted-park-and recr ational policies and standards of thc General Plan and the provisions of this sSection, and 2 whether land dedication, or fee in lieu thereof, or a combination of both shall be required as determined by the approving authority., (1) Rccrgational element of the General Plan. (2) Topography, geology, access and location of land in the subdivision or site available for dedication. 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. P\.SARATOGA\RESOLUTI\Quimby Act Update\Revised Park Fee Ordinance (Draft 07- 08- 09).doc 3 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Saratoga News 14375 Saratoga Avenue, Suite E2 Saratoga, California, 95070- 59789, a newspaper of general circulation, printed every Wednesday in the City of San Jose, California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case number 3281 -48, dated June 2, 1975 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: September 16, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: September 16, 2009 San Jose, California <c HA) Kathy Wrigl son Filing Stamp PROOF OF PUBLICATION City CITY OF SARATOGA - NOTICE OF ORDINANCE NO. 271 AMENDING SECTION 14- 25.080 OF THE SARATOGA CODE REGARDING PARK AND RECREATION DEDICATIONS AND FEES ON SEPTEMBER 2, 2009 THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTED THE ABOVE ORDINANCE AMEND- ING SECTION 14- 25.080 OF THE SARATOGA CITY CQDE CONCERNING CITY COUNCIL, PROCEDURES Comprehensive Summary: This ordinance would bring the City Code into conformity with the City General Plan by requiring dedication of park- land in connection with new subdivisions at a ratio of five acres per 1,000 residents. The ordinance would also make technical amendments to conform the wording of the City Code with various provisions of state law. The ordinance was adopted on September 2, 2009. The ordinance would amend Section 14-25.080 of the Saratoga City Code. The full text of the ordinance is avail- able for review at www.saratoga.ca.us and in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California during regular business hours. Councilmembers voting for the ordinance: Susie Nagpal, Howard Miller, fill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page Councilmembers voting against the ordinance: None /s/ Ann Sullivan City Clerk (Pub SN 9/15/09)