HomeMy WebLinkAboutPC Resolution 86-221
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RESOLUTION P.C. 86-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO AMEND
CHAPTER 29. 5, SUBDIVISION OF LAND TO REQUIRE THE DEDICATION OF
LAND, OR IMPOSE A REQUIREMENT OF THE PAYMENT OF FEES IN LIEU
THEREOF, OR A COMBINATION OF BOTH FOR PARK AND/OR RECREATIONAL
PURPOSES AS A CONDITION TO THE APPROVAL OF A TENTATIVE TRACT MAP,
OR PARCEL MAP PURSUANT TO THE CALIFORNIA GOVERNMENT CODE SECTION
66477 (QUIMBY ACT).
WHEREAS, the Planning Commission held a public hearing on
April 1, 1986 and made the following Findings:
A. The population of Hermosa Beach continues to expand with the
construction of new dwellings and a diminishing ratio of rec
reational space to residence is a result.
B. The City has no available funds for the acquisition of recre
ational space.
C. Adequate Recreational space is an important asset to main
taining the well being of the residents within the community.
D. With over 95% of the land with the City already developed,
the City's opportunities to acquire vacant land in the future
for recreational purposes will be lost without the dedication
of land, or adequate funds to purchase land.
NOW, THEREFORE, Be It Resolved that the Planning Conunission
of Hermosa Beach, California recommends to the City Council
the following amendment:
SECTION 1. Amend Chapter 29.5, Subdivision of Land, Section
29.5-13 to read as follows:
29.5 -Parkland, Park and Recreation Dedication and Fees.
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A. Authority. Th is Subsection is enacted pursuant to the au
thority granted by California Government Code Section 66477.
The provisions of this Subsection shall not apply to any sub
divisions exempted from dedication requirements by California
Government Code Section 66477.
B. Requirements. As a condition of approval of a final tract
map or parcel map for a residential subdivision, a subdivider
shall dedicate land, pay a fee in lieu thereof, or a combina
tion of both, at the option of the City, as determined at the
time of approval of the tentative map. Such land dedication,
or in-lieu fee or combination thereof, shall be used for
parkland, park and recreational purposes. The dedication of
3 1/2 acres per 1000 persons, or an in-lieu fee or a combina
tion thereof, shall be imposed as condition of approval.
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1.
2.
Persons per Household shall be based on the most recent
available U.S. Census.
If a fee in lieu of dedication is required, the amount
of such fee shall be based on the average estimated fair
market value of land zoned for open space which would
otherwise be required to be dedicated. 1 Fair market
value' shall be determined at the time of filing the
final map, in accordance with one of the following:
(a) Fair market value shal 1 be determined by an in
dependent appraisal of open space zoned property in
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3.
the City by a qualified real estate appraiser ap
proved by the City; appraisal shall be at the sub
divider I s expense and may be accepted by the City
Council if found reasonable.
(b) The City may accept an appraisal of open space
zoned property when the appraisal is less than one
year old.
(c) The City and the subdivider may agree as to the
fair market value.
Where Private open space for parkland, park and recre
ational purposes, in excess of front setbacks and other
open space zoning requirements, is provided in a pro
posed subdivision, and such space is to be privately
owned and maintained by tbe future residents of the sub
division, partial credit, not to exceed fifty (50) per
cent of the parkland requirement, may be given for such
excess open space against the requirements of land dedi
cation or payment of fees in lieu thereof, if the Plan
ning Commission or City Council finds that it is in the
public interest to do so, subject to the following terms
and conditions:
(a) The subdivider shall submit for review and aproval
by the City a plan for installation of private
recreation facilities to be used in common by resi
dents of the subdivision.
(b) The front setbacks and other open spaces required
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2 be included in the private recreational facilities.
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(c) The use of the private recreational facilities
shal 1 be restricted _for parkland, park and recre
ational purposes by recorded covenant which shall
run with the land in favor of the future owners of
the property and which cannot be defeated or elimi
nated without the consent of the City or its
successor.
11 D. Choice of land or fees.
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1. The procedure for determining whether the subdivider is
to dedicate land, pay a fee, or both, shall be as
follows:
(a) 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 parkland, park and recreational pur
poses or whether he desires to pay a fee in lieu
thereof. If he desires to dedicate land for theis
purpose, he shall designate the area thereof on the
tentative map as submitted.
(b) At the time of the tentative map approval, the
Planning Commission or City Council, if appealed,
shall determine, as a part of their approval,
whether to require a dedication of land within or
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adjacent to the subdivision, payment of a fee in
lieu thereof, or a combination of both.
(c) Where dedication is provided, it shall be accom
plished in accordance with the provision of the
Subdivision Map Act. Where fees are provided, they
shall be deposited with the City prior to approval
of the final map.
2. Determination by the Planning Commission or City Council
as to whether to accept a land dedication or to require
payment of a fee in 1 ieu thereof, or a combination of
both, shall be determined by consideration of the
following:
(a) Open Space and Recreational Element of the City's
General Plan.
(b) Topography, geology, access and location of land in
the subdivision available for dedication.
(c) Size and shape of the subdivision and land available
for dedication.
3. The determination of the Planning Commission or City
Council as to whether land shall be so dedicated, or
whether a fee shall be charged, or a combination there-
of, shall be final and conclusive; provided, however,
that any land proposed to be dedicated shall be approved
as acceptable by the City. In accordance with Califor
nia Government Code Section 66477 (g), only the payment
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of fees may be required in connection with subdivisions
containing fifty (50) parcels or less.
E. Limitation on use of land or fees. The land and/or fees
received by the City pursuant to this Section shall be used
only for the purpose of providing parkland, park and recre
ational 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 requirements for
and use of the parkland, park and recreational facilities by
the future residents of the subdivision. Any fees collected
under this Section shall be committed within five (5) years
after the payment of such fees or the issuance of building
permits on one-half (1/2) of the lots created by the subdivi
sion, whichever occurs later.
SECTION 2. Amend Article V Park and Recreation Facilities
Tax, Section 30-42 Exemption from Tax by adding the following
sub-section:
When there is a dedication of land, or an in-lieu fee paid
pursuant to Section 29.5-13, the Park and Recreation Facili
ties Tax shall be waived.
VOTE: AYES: Comms.Peirce,Schulte,Chmn.Sheldon
NOES: Comm.Compton
ABSENT: Comm.Rue
ABSTAIN: None
CERTIFICATION
I hereby certify that the foregoing Resolution P. C. 86-22 is a
true and complete record of the action taken by the Planning Com
mission of the City of Hermosa Beach, California at their regular
meeting on April 1, 1986.
~JJtt-~/~
M"chae l Schu b ach, Secretary
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