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2660ORDINANCE NO. 2660 AN ORDINANCE OF THE CITY OF ANAHEIM, AMENDING TITLE 17, CHAPTER 17.08, OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTIONS 17.08.530 TO 17.08.539, INCLUSIVE RELATING TO ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 17, Chapter 17.08 of the Anaheim Municipal Code be and the same is hereby amended by adding thereto Sections 17.08.530 to 17.08.539 both inclusive, reading as follows: "SECTION 17.08.530 RECITALS. "The City Council 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 California 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 and recreational purposes as a condition of approval of a subdivision map; and "(b) Before a city 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; and "(c) The City Council of the City of Anaheim has adopted a general plan containing such recreational element. °SECTION 17.08.531 SUBDIVIDERS MUST PROVIDE PARK AND—RECREATIONAL FAC—I'LITIES .. "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 facilities to serve future residents of each subdivision. "SECTION 17.08.532 APPLICATION The provisions of this Ordinance shall apply to all subdivisions; as that phrase is used in Section 11500 et seq. of the Business and Professions Code of the State of California, except subdivisions for which tentative subdivision maps have been filed within thirty (30) days after the effective date of this Ordinance, and industrial subdivisions. -1- "SECTION 17.08.533 RELATION OF LAND REQUIRED TO POPULATION DENSITY. "It is hereby found and determined that the public interest, convenience, health, welfare and safety require that one and one-half (1-1/2) acres of property, for each one thousand (1,000) persons residing within this City, be devoted to park and recreational purposes. "SECTION 17.08.534 POPULATION DENSI'T'Y "Population density for the purpose of this Ordinance shall be determined in accordance with the July 1, 1968, Report and Recommendations for the City of Anaheim Parks and Recreation Capital Improvements prepared by the Parks and Recreation Subcommittee of the Recreation and Cultural Arts Capital Improvement Committee, to wit: (a) Single family dwelling units and duplexes = 4.0 persons per dwelling unit; and (b) Multiple family dwelling units = 2.4 persons per dwelling unit; and (c) Mobile home dwelling unit = 1.9 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 17.08.535 AMOUNT OF LAND TO BE DEDICATED "The amount of land required to be dedicated by a subdivider pursuant to this Ordinance, shall be: (a) Per single family unit - 261.4 square feet (b) Per Multiple family unit - 156.8 square feet (c) Per mobile home dwelling unit - 124 square feet The above listed amounts of land shall be based on the following formula: Amount of Land = ( S ) per D.U. (r, 00 )P S = Park Standard P = Population density per dwelling unit Values used for determining amounts of land per dwelling unit: S = 1.5 acres or 65,340 square feet per 1,000 population P = 4.0 persons/single dwelling unit P = 2.4 persons/multiple dwelling unit P = 1.9 persons/mobile home dwelling unit -2- "SECTION 17.08.536 AMOUNT OFFEE IN LIEU OF LAND _Y. ___ _ _...--- DEDICATION. "Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be: (a) Per single family unit - $250 x 1/2 (b) Per multiple family unit - $150 x 1/2 (c) Per mobile home unit - $100 x 1/2 The above listed fees shall be based on the following formula: IN LIEU FEE FORMULA: FEE _ (L + D) SP X 1/2 L = Acreage land acquisition cost per acre D = Average basic park development cost per acre S = Park standard P = Population density per dwelling unit Values used for determining the recommended in -lieu fees: L = $28,000 per acre D = $13,500 per acre S = 1.5 acres per 1,000 population P = 4.0 persons/ single dwelling unit P = 2.4 persons/ multiple dwelling unit P = 1.9 persons/ mobile home dwelling unit "SECTION 17.08.537 CHOICE OF LAND OR FEE (a) Procedure The procedure for determining whether tie sUa eider 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 tractinap_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- (3) Prerequisites for Approval of Final Map Where dedica£ion i required, t +sh—al:l be accomplished in accordance with the provisions of the Sub- division 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 contemporaneously with the final map. (b) Determination. Whether the City Council accepts Lana--eaicaYon 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 the City's general plan; and (2) Topography, geology, access and location of land in the subdivision available for dedica- tion; 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 fee shall be required. "SECTION 17.08.538 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 17.08.539 LIMITATION ON USE OF LAND AND FEES. "The land and fees received under this ordinance shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received and the location of the land and the amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. SECTION 2 The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thereby (30) days from and after its final passage, it shall take effect and be in full force. -4- THE FOREGOING ORDINANCE is approved and signed by me this 8 � _ day of _A ri.l. _ 19---69--. MAYOR OF HE CITY—OF ANAHEIM ATTEST: I Y CLERK OF �CITOFNAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of AnWeim heTil on " the lst day of Ap19 c�, and that the same was passed} and adopted at a regular meeting of said City Council held on the 8th day of ri. 19 69 , by the following vote of a members thereo AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance on the Rth day of _April _.. 19--.6-9-- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this ! Rth day of _..�.�ril ._.._ m• 19��. I Y CLE T� C TY OF ANAHEIM ( SEAL ) I, DENE M. WILLIAMS, CITY CLERK OFTHF CITY C DO HEREGY OLRI,FY THAT THE P-GREG-jINu -E IS 0 WAS THE ORiG,w+L O.{r,Iw�,rVCE NO..__.2.____66--._� PULM J -',Eu ON, -E ?N THE-Amaim B �1L-1 Pt.in _ oar T _ 18th Da'r o� Aprils -1.9.6--' — %►Tlf -5-