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Ordinance 1627Alameda City Ordin ces Ordinance No. 1627 New Series CITY OF ALAMEDA Ordinance No. 1627 New Series AMENDING THE ALAMEDA MUNICI- PAL CODE BY ADDING ARTICLE 2 TO CHAPTER 3, TITLE XI THEREOF, CON- SISTING OF SECTIONS 11 -321 THROUGH 11 -3212, ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAY- MENT OF FEES IN LIEU THEREOF, OR BOTH, FOR PARK AND RECREA- TIONAL LAND IN SUBDIVISIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Section 1. Title 11, Chapter 3 of the Alameda Municipal Code is hereby amended by adding Article 2, consisting of Sections 1.1 -321 through 11 -3212, thereto, to read as follows: ARTICLE 2. ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECR EATIONAL LAND • IN SUBDIVISIONS Sec. 11 -321. Recitals. In en- acting this Article the City Council hereby finds; deter- mines and declares: (a) The state Subdivision Map Act (Sections 11500 and fol.- lowing Business and Prbfes- . sions Code of California) pro- vides by Section 11546 thereof that a city may require the dedication of land, the pay- ment of fees in lieu thereo.f, or a combination of both. for part; or recreational pur- poses as a condition to the approval of a final subdivi- sion map; (b) The regulations for such dedication in this Article pro vided, are and shall be con - strued to be in addition to those set forth in Article 1 of this Chapter; (c) The City has a General PIan within the meaning of - said Act, heretofore on April 9, 1969, adopted by Ordinance No. 1586 New Series, and en- titled "Comprehensive Plan — 1990 for Alameda, Califor -' nia, " in accordance with Sections 65300 and following, Government Code of CaLifor- nia. Said Plan eontains a recreational. element with definite principles and stand- ards therein for the park and recreational facilities to serve residents of the City. Sec. 11 -322. Subdividers Must Provide Park and Recreational Facilities, Every subdivider who subdivides land shall dedi- cate a portion of such land, pay a fee in lieu thereof, or do both, as set forth in this Article for the purpose of pro- viding park and recreational facilities to serve future resi- dents of such subdivision. The dedicated land shall be filled, rough graded to the satisfac- tion of the City Engineer and improved with streets. curbs, gutters and utilities. Any fee paid in lieu of dedication will be based on the value of the land as filled, rough graded and the. improvements of streets, curbs, gutters and utilities. Sec. 11 -323. Application. This Article shall apply to all sub- divisions, as that ptrr'aseis de- fined in Section .11500 and fol- lowing, Business and Profes- sions Code of California, except (a) subdivisions for which tentative subdivision maps have been .filed within thirty (30) clays after the effective date hereof; and (b) industrial subdivisions. Sec. 11-324. Relation of Land Required to Population and Density. It is hereby found and determined: (a) That the public interest, convenience, health, welfare and safety .require that four (4) acres of property, for each one thousand (1,000) persons residing within this City, be devoted to park and recreational purposes; (b) That said .requirement will be satisfied in part, by coop- erative arrangements be- tween the City and local school district to make avail- able one and one -halt` (1'42.) acres of property :for each one thousand (1.000) persons residing within the City for park and recreation pur- poses. (c) That the remainder of the required four (4) acres shall be supplied by the require- ments of this Article and the recreation program of the City. Sec. 11 -325. Population Den- sity. Population density for the purpose of this Article shall be determined in accordance with the 1970 Census for the City, presently estimated as follows: Alameda City Ordin ces Ordinance No. 1627 New Series CITY OF ALAMEDA Ordinance No 1621 (a) Single family dwelling units, and. duplexes = 3.1 persons per dwelling unit; and (b) Multiple family units' = 2.1 persOns per dwelling -unit, The basis for determining the total number of dwelling units shall be the number of such units permitted by the DENSITY • Dwelling units per gross acre thr ough 9 I .'s per acre hrough 19 D.U.'s per aere 20 through 29 D.Us per acre 30 through 39 D.U.'s per acre City on the property included in the subdivision at the time the final subdivision tract map is filed with the City Council for approval. Sec, 11-326. Amount, of Land to be Dedicated. The amount of land required to be dedicat- ed by a subdivider pursuant to this Article shall be based ,on the gross area included in the subdivision, determined by the following formula.: FORMULA Percentage of the gross area of the subdivision required when park land is dedicated 40 through 49 D.U.'s pe 50 through 59 D.U.'s 60 thro h 69 D.U.' r acre r acre 70 through 79 D.U.'s per acre 80 through 89 D.U.'s per acre 4.58% 9.3096 • 1°,56% 1.58% 18.4.096 2L05% 2a54% 25,85%, Sec. 11-327. Amount: of Pee in Lieu of Land Dedication. Where a fee .is required to be .pait In lieu of land dedication, the amount of such fe.e shall be based upon .the 1 nt mar•ket value of the amount of land which would otherwie be required to be dedicated pursuant to Section 11-326, The amount of such fee shall be a sum equal to the fair market value of the amount of land required in accordance with the foil LOWLIIg hirm !FEE FORMULA Sq. ft, of park land required per gross acre of subdivision 2, 9 Dwelling units per gross acre hrough 9 D,U,'s per acre 20 through _29 - ),U.'s • •,.r acre hrough39 •per a, through 49 D.U.'s per acre throe -Y11.59 -.'s 4 466 through 89 D.U.'s per acre Alameda City Ordin ices Ordinance No. 1627 New Series CITY OF ALAMEDA Ordinance No 1627 "Fair market, value" shall be determined as of the time of filing the final map in accord- ance with the following: (a) The fair market value as determined by the City Coun- cil based upon the then as- sessed value, modified. to equal market value in ac- cordance with current prac- tices of the City Assessor: or (b) If the subdivider objects to such evaluation he may, at his expense. obtain an ap- jpraisal of the property by a qualified real estate apprais- er approved by the Planning Director, 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. Sec. 11- 328. Credit for Pri- vate Open Space. Where pri- vate open space for park and recreational purposes is pro- vided in a proposed subdivision and such space is to be pri- vately owned and maintained by the future residents of the - subdivisio.n. such areas shah. be credited against the re- quirement of dedication for park and recreation purposes, as set forth in Section 114326, or the payment of fees in lieu thereof, as set forth in Section 11 -327, provided the City Coun- cil finds it is in the p -ublic in- terest, to do so, and that the following sutrida.rds are met: (a) That yards, court areas and setbacks, and other open areas except in Planned De- velopment Districts, required to be maintained by the zon- ing and building regulations shall not be included in the computation of such private open space; and (b) That the private ownership and maintenance of the open space is adequately provided for by written agreement; and (0) That the use of the private„ open , space is restricted for park and recreational pur- poses by validly recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated with- out the consent of the City Council; and (d) That the proposed private open spacye 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 laiid; and (e) That facilities proposed for the open space are in sub- stantial accordance with the provisions of the recreational element of the General Plan. and are approved by the City Council. Sec. 11-329. Choice of Land or Fee. (a) Procedure. The procedure for determining whether the subdivider 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 dedi- cate property for park and recreational purposes, or whether he desires to pay a fee in lieu thereof. if he de- sires to dedicate and for this purpose, he shall, designate the area thereof on the tenta- tive tract map as sub- mitted. (2) .Action of City. At the time of the tentative tract map approval, the City Council shall determine as a part of such a, ppr•os''al, whether to require a dedication of land within the nl:bdivisiora, pay- ment, of a € i e `r o Iieu thereof, or a combination of both. (3) Prerequisites for Approval of final Map. Where dedica- tion is required it shall be accomplished in accordance .with the provisions of the said Subdivision. Map Act. , Where fees are required • the same shall be deposited with the City rt`reascrrcr 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: snap and shall be re- corded contemporaneously with the final tract map. Alameda City Ordin ces Ordinance No. 1627 New Series CITY OF ALAMEDA Ordinance No 1627 (b) Determination. Whether the City Council accepts land dedication or elects to re- quire payment of a fee in lieu thereof', or a combina- tion of both, shall be deter- mined by consideration of the following: (1) Recreational element of the General Plan; and (2) Topography, geology, ac- cess and location of and in the subdivision available for dedication; and (3) Size and shape of the subdivision and land avail- able 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 he final and conclusive. On subdivisions involving fifty (50) lots or less. only the payment of fees shall be re- quired. Sec. 11 -3210. Time of Com- mencement Must Be Designat- ed. 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. Sec. 11-3211. Limitation on Use' of Land and Fees. The land and fees received under this Article shall be used only for the purpose of providing or maintaining park and recrea- tional facilities which the City determines will serve the sub - division 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 recreation- al facilities by the future inhabitants of the subdivision. Sec. 11-3212. "Land" Deemed to Include Area Contairiiiag Waters. The word, "land," as used in this Article shalt also be construed to mean those areas which are covered by waters, either permanently or temporarily, including lagoons, ponds, lakes and streams, whether such water areas are natural or are artificially - created. Section 2. This ordinance shall he in full force acid effect from and after the expiration of thirty (30) days from the date of its final. passage. TERRY LA CROIX, .TR. Presiding Officer or the Council 'Attest: IRMA L. NELSON City Clerk I, the undersigned, hereby certify that the foregoing Ordi- nance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 18th day of August, 1970, by the following vote, to wit: AYES: Councilmen Fore, Levy, Longaker, McCall and President La. Croix, Jr., (5) NOES: None. ABSENT: None. IT WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said. City this 19th day of August, 1970. (SEAL) IRMA L. NELSON City Clerk of the City of Alameda A- 840 — Publish Aug. 21,1970