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HomeMy WebLinkAbout1982-03-02; City Council; 9614; CMC 20.44.010-.080 amends/.120 add - Park-in-lieu standard fees adoptedc 1 2 3 4 5 6 4 8 9 10 11 19 20 23. 22 22 24 25 26 27 28 ORDINANCE NO. 9614 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20, CHAPTER 20.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 20.44.010 THROUGH 20.44.080 AND BY THE ADDITION OF SECTION 20.44.120 TO ADOPT A STANDARD FEE FOR PARK-IN- LIEU FEES. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 20, Chapter 20.44 of the Carlsbad Municipal Code is amended by the amendment of Sections 20.44.010 through 20.44.080 to read as follows: "20.44.010 Purpose. This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the recreational element of the general plan of the City of Carlsbad. 20.44.020 Requirements. As a condition of approval of a final max, or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in this chapter. 20.44.030 General standard. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that two and one half acres of property for each 1,000 persons residing within this city be devoted to local park and recreational purposes. 20.44.040 Standards and formula for dedication of - land. recreational facilitv is to be located in whole or in part If the City Council determines that a park or within the proposed future needs of the /// /// /// /// /// kubdivision to serve the immediate- and residents of the subdivision, the subdivider k 0 1E 19 20 21 22 23 24 25 26 27 28 shall, at the time of the filing of the final or parcel map, dedicate land for such facility pursuant to the following standards and formula: The formula for determining acreage to be dedicated shall be as follows: Average No. of Persons per : 1,000 population dwelling unit (based on 1975 park acreage standard census) (2.5 acres) (Example for single family dwelling unit: 3.23 1,000 = 352 .sq. feet 2.5 acres The following table of population density is to be followed: Park Land. Dedication Formula Table Types of Dwellings Single Family Multiple Family Mobilehomes Average Acreage/DU Dens i tylDU 2.5 Acrea Std. 3.23 2.13 1.86 352 sq. ft. 232 sq. ft. 203 sq. ft. 20.44.050 Standards for fees in lieu of land dedication. (a). If the City Council determines that there is no park or recreational facility to be located in whole or in part within the proposed subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section 20.44.040 and in an amount determined in accordance with the provisions of Section 20 . 44.070 . (b) If the proposed subdivision contains fifty parcels or less, only the payment of fees shall be required. (c) If the City Council requires the subdivider to dedicate land and the amount of land is less than would otherwise be required by Section 20.44.040 for that subdivision, a fee equal to the value of the land which would otherwise have been required shall be paid. subdivider prior to approval of the final map or parcel map. (d) If fees are required, they shall be paid by the 20.44.060 Determination of land or fee. Whether the City Council requires land dedication or elects to accept payment of a fee in lieu thereof, or a combination of both, shall be determined by the City Council at the time of approval of the tentative map. In making that determination, the City Council shall consider the following: (a) Park and recreation element of the general plan; /// 2. 1 2 3 4 5 6 7 8 9 10 11 12 n 19 20 21 22 23 24 25 26 27 28 (b) Topography, geology, access and location of land (c) Size and shape of the subdivision and land (d) The feasibility of dedication; (e) Availability of previously acquired park property. in the subdivision available for dedication; 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 combination thereof, shall be final and conclusive. 20.44.070 Alternate decision-making body. For purposes of this chapter, the determinations to be made by the City Council may be made by the City Engineer for minor subdivisions and by the Planning Commission for subdivisions of fifty units or less. 20.40.080 Amount of fee in lieu of land dedication, (a) Where a fee is required to be paid in lieu of land dedication, the amount of 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 20.44.040. The fair market value shall be determined at the time of filing the final map or parcel map based upon the average estimated fair market value for the park area of the city within which the subdivision is located. The City Council may establish park areas and the estimated value of land within each such area by resolution. This average estimated fair market figure shall be adjusted annually by the city to keep current with property appreciation. (b) If the subdivider objects to such valuation, he may, at 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 found to be reasonable. If accepted, the fee shall be based on that appraisal instead of the average estimate." SECTION 2: That Title 20, Chapter 20.44 of the Carlsbad Municipal Code is amended by the addition of Section 20.44.120 to read as follows: "20.44.120 Exemptions. (a) The provisions of this chapter shall not apply to subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or ore of the parcels within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. (b) The provisions of this chapter also shall not apply to industrial subdivisions; nor to condominium projects which consist of the subdivision of airspace in an existing 3. apartment building which is more than five years old when no new dwelling units are added; nor to parcel maps for a subdivision containing less than five parcels for a shopping center containing more than 300,000 square feet of gross leasable area and no residential development or uses." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the 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 Carlsbad City Council held on the 16th day of February I 1982, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 2nd day of Mar& , 1982, by the following vote, to wit: AYES: NOES: Council Menher Lewis Council Ikders PaCkard, Cask, An- and Kulchin ABSENT: None c- L RONALD C. PACKARD, Mayor ATTEST : ( SEAL) 4.