HomeMy WebLinkAbout1966-10-20; City Council; 9190; Subdivisions P&R land dedication & fees payment regsII . i
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a general plan containing such recreational element.
SECTION 2. SUBDIVIDERS MUST PROVIDE PARK AND RECREATIONAL
FACILITIES. Every subdivider who subdivides land shall dedicate a
portion of such land, pay a fees or do both, as set forth in this
ordinance for the purpose of providing park and recreational facili-
ties to serve future residents of such subdivision.
SECTION 3. APPLICATION. The provisions of this ordinance shal
apply to all subdivisions, as that phrase is defined in Section
11500 et seq. of the Business and Professions Code of the State of
California, and to all divisions of real property into two or more
parcels, except subdivisions for which tentative subdivision maps
have been filed within thirty (30) days after the effective date of
this ordinance and industrial subdivisions.
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ORDINANCE NO. 9190
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ESTABLISHING REGULATIONS FOR DEDICATION OF LAND PAYME(VT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS.
THE CITY COUNCIL OF THE CITY OF CARLSBAD DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS. That the City Council of the City of 6
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Carlsbad, 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
Business and Professions Code) so as to enable cities and II counties to require either the dedication of land, the payment
of fees, or a combination of both, for park or recreational
purposes as a condition of approval of a subdivision map; and
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(b) Before a city or county 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 recre-
ational facilities to serve the residents of the city or county
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and
(c) The City Council of the City of Carlsbad has adopted
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.. .. . .. .. SECTION
It is hereby
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4. RELATION OF LAND REQUIRED TO POPULATION DENSITY.
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 local park and recreational purposes.
(b) That said requirement will be satisfied in part by
cooperative arrangements betwe
districts to make available one and one-half (1-112) acres of
property for each one thousand (1,000) persons residing within
the City for park and recreation purposes;
(c) That the remaining two and one-half acres of the
required four (4) acres shall be supplied by the
of this ordinance.
SECTION 5. POPULATION DENSITY. Population density for the
purpose of this ordinance shall be determined in accordance with thc
1960 Census of Population on Housing: Final Report PHC (7)-82 Los
Angeles, Long Beach SMSA, to wit:
(a) Single family dwelling units, and duplexes = 3.1
persons per dwelling unit; and
(b) Multiple family dwelling 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 city on the pr
included in the subdivision at the time the final subdivision tract
map is filed with the City Council for approval.
SECTION 6. AMOUNT OF LAND TO BE DEDICATED. The amount of land
required to be dedicated by a subdivider pursuant to this ordinance.
shall be bas the gross area included in the subdivision,
determined b f-011 owing fsrmul a:
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DENS1,TY FORMULA:
gross area of the subdivision required when park land is dedicated
1 Met density per dwelling unit
1 D.U. per acre or more 0.60%
1.20% 1 D.U. per 1/2 t~ 1 acre
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1 D.U. per 10,000 sq. f-t. to 1/2 acre 1.73%
1-D.U. per 9,000 to 9,999 sq. ft. 2.70%
1 D.U. per 8,000 to 8,999 sq. ft. 3.01%
1 D.U. per 7,000 to 7,999 sq. ft. 3.40%
1 D.U. per 6,000 to 6,999 sq. ft. 3.90%
1 D.U. per 5,000 to 5,999 sq. ft. 4.58%
10 to 19 D.U.'s per acre 5.79%
20 to 29 D.U.'s per acre 9.30%
30 to 39 D.U.'s per acre 12.56%
40 to 49 D.U.'s per acre 15.58%
50 to 59 D.U.'s per acre 18.40%
60 to 69 D.U.'s per acre 21.05%
70 to 79 D.U.'s per acre 23.54%
80 to 89 D.U.'s per acre 25.85%
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100 D.U.'s and over per acre 29 a 07%
SECTION 7. AMOUNT OF FEE IN LIEU OF LAND DEDICATION. Where a
fee is required to be paid in lieu of land dedication, the amount o
such fee shall be based upon the fair market value of the amount of
land which would otherwise be required to be dedicated pursuant to
SECTION 6 hereof. The amount of such fee shall be a sum equal to
the fair market value of the amount of land required in accordance I
with the following formula:
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FEE FORMULA:
, Net density per dwelling unit Sq. ft. of park land
required per gross acre of subdivision
1 C.U. per acre or more 262
1 D.U. per 1/2 to 1 acre 527
1 D.U. per 9,000 to 9,999 sq. ft. 1,209
1 D.U. per 8,000 to 8,999 sq. ft. 1,350 I I 11 1 D.U. per 7,000 to 7,999 sq. ft. 1,532 9 1 1 D.U. per 6,000 to 6,999 sq. ft. 1,768
2,090
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11 1 1 D.U. per 5,000 to 5,999 sq. ft. 11 IO to 19 D.u.'s per acre 2,680 12 I
13 ll I 20 to 29 D.U. 's per acre 4,466
I 30 to 39 D.U.'s per acre 6,257
40 to 49 D.U.'s per acre 8,039
50 to 59 D.U.'s per acre 9,825
60 to 69 D.U.'s per acre 11,611
TO to 79 D.U.'s per acre 13,408
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90 to 99 D.U.'s per acre 16,969
100 D.U.'s and over per acre 17,851
"Fair market value" shall be determined as of the time of filing
the final map by:
(a) Multiplying the then assessed value of the land to be
subdivided by a factor of six (6); or
his expense, obtain an appraisal of the property by a
qualified real estate appraiser approved by the City,
which appraisal may be accepted by the City Council if
(b) If the subdivider objects to such evaluation he may, at
found reasonable.
SECTION 8. CREDIT FOR PRIVATE OPEN SPACE. Where private open
space for park and recreational purposes is provided in addition
to the required lot area size in a proposed subdivision and such
space is to be privately owned and maintained by the future resi-
dents of the subdivision, such areas shall be credited against a
maximum ofGnty-five pe~slt(2FL)of the requirement of dedication for
park and recreation purposes, as set forth in SECTION 6 hereof, or
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1 the payment of fees in lieu thereof, as set forth in SECTION 7 here-
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of, provided the City Council finds it is in the public interest to
do so, and that the following standards are met:
(a) That yards, court areass acks and other open
zoning and building areas required to be maintained by
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
That 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 future owners of property
(c)
without the consent of the City Council; and
(d) That 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;
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(e) That facilities proposed for the open space are in
substantial accordance with the provisions of the recreational
element of the general plan, and are approved by the City
Council.
SECTION 9. 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 dedicate proper-
ty for park and recreational purposes, or whether he desires
to pay a fee in lieu thereof. If he desires to dedicate land
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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 tract 1. map approval, the City Council shall determine as a part of
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such approval, whether to require a dedication of land within
the subdivision, payment of a fee in lieu thereof, or a com-
bination of both.
(3) PREREQUISITES FOR
cation is required it shall be accomplished in accordance with
the provisions of the Subdivision Map Act. Where fees are
required the same shall be deposit
the approval of the final tract ma
private park or recreational facilities shall be submitted to
the City prior to a Val of the final tract map and shall be
recorded contempora sly with the final tract map.
(b) DETERMINATION. Whether the City Council accepts land
dedication or elects to require pa fee in lieu there-
of, or a combination of both, shal
ation of the following:
with the City prior to
Open space covenants for
termined by consider-
(1) Recreational element of City's general plan; and
(2) Topography, geology, access and location of land in
the subdivision available for dedication; 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 combina-
tion Zhereof, shall be final and conclusive. On subdivisions
involving fifty (50) lots or less, only the payment of fees
shall be required.
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SECTION 10. 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 11. 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
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 12. EFFECTIVE DATE. This ordinance shall take effect
and be in force on the thirty-first day from and after its adoption.
SECTION 13. PUBLICATION. The City Clerk of the City of Carls-
bad is hereby directed to cause this ordinance to be published once
in the Carlsbad Journal, a newspaper published and of general
circulation in said City of Carlsbad.
First read at a regular meeting of the City Council held on
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