A dedication or irrevocable offer of dedication may be imposed
within the subdivision for streets, alleys, including access rights
and abutter's rights, drainage, public utility easements, and other
public easements.
(Prior code § 27-52.01)
A subdivider may be required to dedicate additional land to
provide bicycle paths for the residents of the subdivision if the
subdivision contains two hundred or more parcels.
(Prior code § 27-52.02)
Dedications or grants of easements required as a condition precedent
to filing a parcel map may be made either by certificate on the final
parcel map or by separate instrument, as determined by the city engineer,
signed and acknowledged by those parties having a record title interest
in the real property being subdivided, accepted, and recorded prior
to or concurrently with the filing of the parcel map.
(Prior code § 27-52.03)
The city may require dedication or irrevocable offer of dedication
of land within the subdivision for local transit facilities such as
bus turnouts, benches, shelters, landing pads and similar items which
directly benefit the residents of a subdivision if:
A.
The
subdivision has the potential for two hundred or more dwelling units
or contains one hundred acres or more; and
B.
Transit
facilities are or will be available to such subdivision.
(Prior code § 27-52.05)
Dedications or offers of dedication of streets may include a
waiver of direct access rights to any such street from any property
shown on a final map as abutting thereon and, if the dedication is
accepted, any such waiver shall become effective in accordance with
its provisions.
(Prior code § 27-52.12)
A.
The
city council may require that areas of real property within the subdivision
be reserved for parks, recreational facilities, fire stations, libraries
or other public uses, subject to the following conditions:
1.
The
requirement is based upon an adopted specific plan or an adopted general
plan containing policies and standards for those uses, and the required
reservations are in accordance with those policies and standards contained
therein;
2.
The
ordinance has been in effect for a period of at least thirty days
prior to the filing of the tentative map;
3.
The
reserved area is of such size and shape as to permit the balance of
the property within which the reservation is located to develop in
an orderly and efficient manner;
4.
The
amount of land reserved will not make development of the remaining
land held by the subdivider economically feasible.
B.
The
reserved area shall conform to the adopted specific or general plan
and is in such multiples of streets and parcels as to permit an efficient
division of the reserved area in the event that it is not acquired
within the prescribed period; in such event, the subdivider shall
make those changes as are necessary to permit the reserved area to
be developed for the intended purpose consistent with good subdividing
practices. (Map Act, Section 66479)
(Prior code § 27-53.01)
A.
The general intent of Sections 18.64.070 through 18.64.100 is to provide for the added park and recreation facilities demands brought by the residents of new dwelling units when those new dwelling units result in a net increase to the city's overall housing stock. As a condition of approval of a subdivision map for new residential development, parkland shall be dedicated or fees shall be paid in lieu thereof, or a combination of both, for neighborhood and community park and recreation purposes. As a condition of approval of a building permit for new residential development not within a new subdivision, fees in lieu of parkland dedication shall be paid for neighborhood and community park and recreation purposes.
B.
Land
to satisfy dedication requirements is conveyed to the city at the
time of recordation of the final map or parcel map. In lieu fees is
paid to the city prior to the issuance of building permits.
(Ord. 1257 § 1, 1991; Ord. 1416 § 13, 2002)
Land or fees required under this section is conveyed or paid
directly to the city. The city in accepting such land or funds shall
develop the land or use the funds as provided in this section:
A.
Use
of Land and Fees. The land, fees or combination thereof are to be
used only for the purpose of providing park or recreational facilities
which will reasonably serve or benefit future residents of such subdivision.
B.
Establishment
and Development Time. Any fees collected hereunder is committed within
five years after the payment of such fees or the issuance of building
permits on one-half of the lots created by the subdivision, whichever
occurs later. If such fees are not committed, they are distributed
and paid to the then record owners of the subdivision in the same
proportion that the size of their lot bears to the total area of all
lots within the subdivision.
C.
Exception
for Small Subdivisions. Only the payment of fees is required in subdivisions
of fifty parcels, or less, except as provided in subsection 66477(g)
of the California Government Code.
D.
Standards
for Dedication. The amount of land to be dedicated or the fees to
be paid shall bear a reasonable relationship to the use of benefits
of the park and recreational facilities by the future residents of
the subdivision The city council establishes a ratio of three park
acres to one thousand population, in accordance with the Subdivision
Map Act.
E.
Amount
of Park Fees Required. When the requirements hereof are complied with
on the basis of providing park fees, the minimum amount of fees to
be paid is computed by using the following formula:
|
FORMULA:
|
|
NxSxPxL = minimum fee
1,000
|
|
WHERE:
|
|
N = proposed net increase in number of dwelling units.
|
|
S = planned park acreage per 1,000 population.
|
|
P = population per dwelling unit.
|
|
L = fair market value of parkland per acre.
|
F.
Amount
of Land Required. Whenever the requirements hereof are complied with
on the basis of providing park land, the minimum amount of land required
is the amount:
|
FORMULA:
|
|
NxSxP = acreage to be dedicated
1,000
|
|
WHERE:
|
|
N = proposed net increase in number of dwelling units.
|
|
S = planned park acreage per 1,000 population.
|
|
P = population per dwelling unit.
|
G.
Formula
Valuations.
1.
The
value "N" is determined by subtracting from the total number of new
dwellings units proposed the number of existing dwelling units on
the site, if any, including both existing-to-remain and existing-to-be-removed
units.
2.
The
value "S" is three acres/one thousand persons.
3.
The
value "P" is the average number of persons that will occupy the particular
type of household proposed.
When more than one type of household is proposed, separate computations
shall be made for each type and the computations shall then be aggregated
to determine the park acreage to be dedicated or the in lieu fee to
be paid for the entire subdivision or development.
The specific types of households and the average number of persons
residing therein shall be as determined by the United States Census
Bureau or the State Department of Finance as sanctioned by the city.
4.
The
value "L" means the market value of the land as determined by the
staff of the city of Buena Park, and approved by the city council,
prior to the approval of the final map. If the subdivider objects
to such a valuation, the subdivider, at its own expense, may obtain
an appraisal of the property by a qualified real estate appraiser
approved by the city whose appraisal may be accepted by the city if
found reasonable. Fair market value may be determined by mutual agreement
of city and subdivider; however, any and all decisions of the city
as to fair market value is final and conclusive.
(Ord. 1257 § 1, 1991; Ord. 1416 §§ 14, 15, 2002)
The requirements of Sections 18.64.070 through 18.64.100, inclusive, is met concurrent with the approval of the final parcel map, final subdivision map or the planned community, or prior to issuance of building permits, by the provision of park land in whole or in part, the payment of a park fee or by a combination of both as required by the city council.
A.
Preliminary
Determination. At the time of filing a tentative map for approval,
the city staff shall preliminarily determine whether dedication of
property for park and recreational purposes or in lieu of fees are
necessary. If the city desires dedication, the area is designated
on the tentative map when submitted.
B.
Action
of City. At the time of the tentative map approval, the planning commission
shall determine, as 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.
C.
Prerequisites
for Approval of Final Map. Where dedication is offered and accepted,
it is accomplished in accordance with the provisions of the Subdivision
Map Act. Where fees are required, the same is deposited with the city
prior to the issuance of building permits.
D.
Determination.
The planning commission shall determine whether to require land dedication,
require payment of a fee in lieu thereof, or a combination of both,
by consideration of the following:
E.
Credits.
Planned developments, real estate developments, stock cooperatives
and community apartment projects, as defined in Sections 11003, 11003.1,
11003.2, 11003.4 and 11004 respectively, of the California Business
and Professions Code, and condominiums, as defined in Section 783
of the California Civil Code, is eligible to receive a credit, in
an amount determined by resolution of the city council, against the
amount of land required to be dedicated, or the amount of the fee
imposed, for the value of private open space within the development
which is usable for active recreational uses; provided, that:
1.
Yards,
court areas, setbacks and other open areas required to be maintained
by the zoning and building provisions of this code shall not be included
in the computation of such private open space;
2.
The
private ownership and maintenance of the open space is adequately
provided for by written agreement;
3.
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 existing and future owners of property within the subdivision
and which cannot be defeated or eliminated without the consent of
the city council;
4.
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;
5.
Facilities
proposed for the open space are in substantial accordance with the
provisions of the recreation and parks element of the general plan
for the city and are approved by the planning commission; and
6.
The
minimum open space for which credit will be considered is one acre
and provides a minimum of three of the elements listed in this subdivision,
or a combination of such, and other recreational improvements that
will meet the specific recreation park needs of the future residents
of the area. The criteria list is as follows:
7.
The
subdivider requesting consideration for private open space credit
shall, as part of the submittal filing, include:
F.
Funding
and Accounting. All in lieu park fees collected by the city pursuant
to this chapter shall be funded and accounted for in the manner prescribed
in Government Code Section 66000, et seq., and as set forth by resolution
adopted by the city council.
(Ord. 1257 § 1, 1991; Ord. 1416 §§ 16, 17, 2002)
The provisions of Sections 18.64.070 through 18.64.100, inclusive, do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.
(Ord. 1257 § 1, 1991)
