HomeMy WebLinkAbout1987-05-05; City Council; 9831; CMC 20.44 amends - Land dedication park fees collection method revisionL ..
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ORDINANCE NO. 9831
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 20.44.030, 20.44.040 AND
20.44.080 TO REVISE THE METHOD OF ESTABLISHING
THE AMOUNT OF PARK FEES COLLECTED IN LIEU OF
LAND DEDICATION. ____~
The City Council of the City of Carlsbad, California,
hereby ordains as follows:
SECTION 1: That Title 20, Chapter 20.44 of the Carlsbad
Municipal Code is amended by the revision of Section 20.44.030,
20.44.040 and 20.44.080 to read as follows:
20.44.030 General standard. It is found and determined that the public interest, convenience, health, welfare and safety require that three acres of property for each one
thousand persons residing within this city shall be devoted
to local park and recreational purposes.
20.44.040 Standards and formula for dediction of land.
If the City Council determines that a park or recreational
facility is to be located in whole or in part within the
proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider 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 3 park acres per Total per dwelling unit (based 1000 population dwelling units on most recent Federal
census)
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The following table of population density is to be followed:
Park Land Dedication Formula Table
Average Acreage/DU
DensitylDU 3 Acres Std, Types of Dwellings
(in square feet)
Single-family Detached
and Duplex (0 lot line
or attached wall) 3.0
Attached Single-family
(4 units or less
attached) 2.5
Attached Multiple-
family (more than 4
units) 2.0
393
328
262
Mobile Homes 1.75 229
The total number of dwelling units shall be the number
permitted by the city on the property in the subdivision at
the time the final map or parcel map is filed for approval;
provided; however, that except for subdivisions which consist
of the conversion of existing buildings or mobile home parks
into condominiums or other planned developments, any existing
residential unit or units, whether or not the unit or units will be replaced, shall be subtracted from the total.
20.44.080 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 paid 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 by the city council
using the following method:
(1) The city council shall designate one park in each of the city's park districts to be considered a benchmark
park. This park shall represent the type of property
desired by council for park development.
(2) The Parks & Recreation Director will annually have an
appraisal of these benchmark parks done by an MA1 Appraiser to establish the value of the underlying land.
(3) The council shall adopt a resolution establishing the value of one acre of park land in each quadrant based on the results of this appraisal. (b) The city council may establish park areas and the
appraisal value of land within each such park area by resolution. This appraisal value shall be adjusted annually
by the city to reflect any changes in property value within
the park areas as described above.
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(c) If the subdivider objects to such valuation, he may,
at his expense, obtain an appraisal of the appropriate
benchmark parks 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 city's appraisal.
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
mce in the Carlsbad Journal within fifteen days of its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the City
Zouncil held the 28th day of April , 19 87 , and
;hereafter,
PASSED AND ADOPTED at a regular meeting of the City Council
ield the 5th day of May , 19 87 , by the following
Jote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
1TTEST : r
LLETHA L. RAUTENK