Santa Ana Municipal Code § 34-202 Standards

This article is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act, for the purpose of requiring the dedication of land for park and recreational element of the general plan of the City of Santa Ana.

(Ord. No. NS-1195, § 1, 3-11-74; Ord. No. NS-1253, § 5, 3-10-75; Ord. No. NS-1526, § 7, 4-21-80)

As a condition of approval of a final subdivision map for any subdivision containing more than fifty (50) parcels proposed for residential use, the subdivider may be required to dedicate land for park and recreational purposes at the time of approval of such final map according to the standards contained in this article.

(Ord. No. NS-1195, § 1, 3-11-74; Ord. No. NS-1526, § 8, 4-21-80)

Dedication of land shall be required under this article if the city council finds and determines that the park or recreational facilities which the dedication is to provide are in accordance with definite principles and standards contained in the recreational element of the general plan of the City of Santa Ana, and that the amount and location of the land to be dedicated bears a reasonable relationship to the use of the park or recreational facilities by the future inhabitants of the subdivision. Such findings, if made, shall be adopted by resolution of the city council at the time of approval of the tentative map, which resolution shall also contain a schedule specifying how and when the city will use the land to develop park or recreational facilities.

The requirement for dedication of land pursuant to this article is found to be necessary to promote the general standard of providing two (2) acres of property devoted to parks and recreational purposes for each thousand (1,000) persons residing within the City of Santa Ana. The standards set forth in section 34-204 shall determine the maximum proportion of any single subdivision which may be required to be dedicated for park or recreational purposes when such requirement is otherwise in accordance with the provisions of this article.

(Ord. No. NS-1195, § 1, 3-11-74; Ord. No. NS-1526, § 9, 4-21-80)

(a) For purposes of this article, the term "recreational element of the general plan of the City of Santa Ana" shall mean either of the following:

(i) The open space element, as included in the "Land Use and Arterial Streets" portion of the general plan of the City of Santa Ana. Any requirement for dedication of land pursuant to this article shall be deemed to be in accordance with definite principles and standards contained therein, if such land is designated therein for "parks, recreational, and open space" use.

(ii) Such other definite principles and standards for the locations and proposed development of parks, parkways, playgrounds, and other recreation areas as may be included in the general plan of the City of Santa Ana.

(b) For purposes of section 34-204, the term "dwelling unit" means any single-family dwelling or any separate occupancy unit within a duplex, multifamily building, or apartment complex, or separate ownership parcels within a mobile home park. Only the increase in the number of dwelling units on the land included within a subdivision shall be counted in determining the amount of land to be dedicated.

(Ord. No. NS-1195, § 1, 3-11-74; Ord. No. NS-1526, § 10, 4-21-80)

The formula for determining land to be dedicated shall be as follows:

The basis for determining the total number of dwelling units shall be the maximum number of units permitted by the city on the property included in the subdivision, exclusive of parts to be dedicated, as of the time of filing of the tentative map.

(Ord. No. NS-1195, § 1, 3-11-74; Ord. No. NS-1526, § 11, 4-21-80)

Editor's note— Ord. No. NS-1526, § 12, enacted April 21, 1980, repealed §§ 34-205—34-209 containing provisions relative to the formula for fees in lieu of land dedication, criteria for requiring both dedication and fee, determination of the amount of fee in lieu of land dedication, procedure where the subdivision was not within the general plan, and the criteria for determining whether the council would accept land dedication or require payment of a fee in lieu of such dedication. Said sections were derived from Ord. No. NS-1195, § 1, adopted March 11, 1974.

Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed twenty-five (25) per cent may be given against the requirement of land dedication if the city council finds that it is in the public interest to do so and that all the following standards are met:

(a) That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and 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 recorded written agreement, conveyance, or restrictions; and

(c) That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs in the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successor; and

(d) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, topography, geology, access, and location; and

(e) That facilities proposed for the open space are in substantial accordance with the provisions of the open space element of the general plan.

(Ord. No. NS-1195, § 1, 3-11-74; Ord. No. NS-1526, § 13, 4-21-80)

At the time of approval of the tentative map, the city engineer shall determine the land required to be dedicated, if any, by the subdivider.

At the time of the filing of the final subdivision map, the subdivider shall offer to dedicate the land as previously determined by the city engineer. The city engineer may accept, accept subject to improvement, or reject such dedications or offers of dedication. The city clerk shall certify or state on the map the action of the city engineer.

Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final subdivision map and shall be recorded contemporaneously with the final subdivision map.

Any interested party, individual or group may appeal the decision of the city engineer made pursuant to this section to the city council within ten (10) days after receiving notification of such decision by filing a written notice of appeal to the city clerk. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the decision by the city engineer. If such tenth calendar day ends on a Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day. The determination of the city engineer shall become effective on the day following the ten-day appeal period, unless the city council holds a public hearing on the matter, then the decision of the city council will become effective on the day following the hearing and decision by the city council.

The written notice of appeal shall contain a specific statement of the point or points of disagreement and shall set out specifically the points of disagreement and the reasons and justifications therefor. Such written request for hearing must contain a statement of willingness to extend the time of approval of the map for a period of an additional thirty (30) days.

Such appeal shall be placed on the agenda of the city council for its next regular meeting, at which time the city council shall declare that a public hearing on the matter will be held at its next subsequent regularly scheduled meeting. The intervening time may be used by the city council for further investigation of the matters in question.

At the regularly scheduled city council meeting set for public hearing of the appeal, the city council shall consider the appeal de novo and shall seek such additional testimony or advice as they may feel desirable to assist in reaching a decision. The city council shall accept, accept subject to improvement or reject the offer of dedication within ten (10) days following the conclusion of the public hearing, and make written findings supporting its decision as may required by the Subdivision Map Act.

(Ord. No. NS-1195, § 1, 3-11-74; Ord. No. NS-1526, § 14, 4-21-80; Ord. No. NS-2482, § 24, 12-3-01)

At the time of the approval of the final subdivision map the city engineer shall specify when development of the park or recreational facilities shall be commenced.

(Ord. No. NS-1195, § 1, 3-11-74; Ord. No. NS-2482, § 25, 12-3-01)

Editor's note— Section 34-213, relative to refunds of fees, and § 34-214, providing that Art. VIII would not apply to industrial subdivisions, were repealed by Ord. No. NS-1526, § 15, enacted April 21, 1980. Said sections were derived from Ord. No. NS-1195, § 1, adopted March 11, 1974.