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HomeMy WebLinkAbout1975-02-18; City Council; 9416; CMC 20.28.110 add - P-C projects park land alternate procedure7 8 9 10 11 12 0 a 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 941 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20, CHAPTER 20.28 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 20.28.110 TO PROVIDE AN ALTERNATIVE PROCEDURE FOR THE DEDICATION OF PARK LAND FOR SUBDIVI- SIONS DEVELOPED IN THE PLANNED COMMUNITY ZONE. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 20, Chapter 20.28 of the Carlsbad Municipal Code is hereby amended by the addition of section 20.28.110 to read as follows: "20.28.110 Alternate procedure--Planned community projects The purpose of this section is to provide an alternate procedure for accomplishing the dedication of land or the payment of fees,or both, for recreational facilities which the City Council may elect to utilize for subdivisions processed as part of a master planned project in the planned community zone. this section by the inclusion of an appropriate condition in the master plan for a project in the planned community zone to provide for the dedication of land or for the payment of fees in lieu thereof, or any combination of the two, in connection with the master plan approval in an amount not to exceed the estimated amount of the obligations to be imposed by this chapter on the subdivisions to be developed within the planned community project. (2) If the land to be dedicated has been improved prior to master plan approval and the City Council determines it to be in the City's interest to accept such improvements for utilization in the City's park and recreation program, the Council may cause such improvements to be appraised, and the approved appraised value of such improvements may be considered a payment of fees in lieu of the dedication of land for the purposes of this section. section may be immediately utilized by the City. A record of the amount of such land or fees shall be maintained by the City, and said amount shall be available to be drawn upon at the option of the City Council to satisfy the requirements of this chapter for one or more of the subdivisions to be developed pursuant to the master plan within the planned community project. The amount of land or fees in lieu thereof required for each subdivision within a planned community processed under this section shall be deter- mined in accord with this chapter in the same manner as any other subdivision. section, the City Council may provide that the requirement for (1) The City Council may elect to proceed pursuant to (3) The land dedicated or fees paid pursuant to this (4) After electing to utilize the provisions of this 1 2 3 4 5 6 7 8 9 10 25 26 27 11 and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 18th day of February , 1975 12 D 19 20 the dedication of land for a subdivision be satisfied by a credit from an equivalent amount of previously dedicated land located within the planned community project but outside the subdivision boundaries and available for such purpose pursuant to this section. A requirement for payment of fees may be satisfied in the same manner from the amount of previously deposited fees available for such purpose pursuant to this section. A record of the transac- tions showing the amount of land or fees required, the amount of credit used to satisfy such requirement, and the balance of land or fees remaining on account for subsequent subdivisions shall be presented to the City Council prior to final map approval. land or the payment of fees in lieu thereof, the method for making the land or fees available in accord with this section, and any other matters necessary to carry out the intent of this section may be established by the City Council by a contract with the developer or by the inclusion of appropriate conditions in the master plan, specific plan, tentative map,or any combination thereof. In the absence of any such specific provisions, the provisions of this chapter shall control. wise terminated by the City Council prior to its completion, the title to any land or improvements dedicated pursuant to this sectio shall remain in the City. the value of any improvements not utilized in satisfaction of the requirements of this chapter for approved subdivisions within the project shall remain on account with the City and shall be avail- able to satisfy the park requirements which may apply to any future development of the property. pursuant to this section is insufficient to satisfy the require- ments of this chapter for a subdivision, additional land or fees may be required pursuant to this chapter in satisfaction of such requirement, or the City Council may elect to provide for addi- tional dedications or payments in accord with this section which shall be available for the satisfaction of the balance of such re- quirement and the requirements of subsequent subdivisions within the planned community." (5) The method of accomplishing the dedication of the (6) If the planned community project is rezoned or other- The remaining balance of any land or (7) In the event the balance of land or fees available EFFECTIVE DATE: This ordinance shall be effective thirty 21 ii days after its adoption, and the City Clerk shall certify to the 22 adoption of this ordinance and cause-it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the 23 ii 24 Carlsbad City Council held on the 4th day of February , 1975, /I 28 ... 1 2 3 4 9 10 11 12 0 6 19 20 21 22 23 24 25 26 27 28 by the following vote, to wit: AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and NOES : None. Counci 1 woman Cas 1 er. ABSENT: ATTEST : (SEAL) 3.