HomeMy WebLinkAbout1973-02-01; City Council; 1023; Park Areas - Park Dedication/In-Lieu FeesT H E C I T Y O F
Agenda Bill No.�
Referred To:
C A R L S B A C A L I F O R N I A
Date: Feb. 1, 1973
Subject:. Submitted By:
Park Areas - Park Dedication/in Lieu Fees City Manager
(Ordinance 9190)
Statement of the Matter
It is proposed to reduce our "Park Areas" from some twenty-nine to
seven.
Exhibit s
1) Exhibit "A" - Present Park Areas
2) Exhibit "B" - Proposed Park Areas
3) Memorandum from Ci y Manager to Planning Commission dated 1/23/73
4) Resolution No.
Staff Recommendations
N
AB No.
Date: February 1, 1973
le,
STAFF January 2.1, 1973
TO• PLANNING; C0MMISSIO71
PDr\rR : JACK B . ARNOLD, CITY X1N1,TAGFR
SURJPC"T': PARK, AREAS - PARK DEDICAMMM/TrT LIEU FFRS
(ORDINAPICE g199)
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In April, 1967, the City Council approved, by resolution, various
park areas within the Carlsbad General Plan area. There were twenty-
nine (2Q) of these areas, although the area north of Carlsbad. Raceway
and a large portion of La Costa were not included in designated park
area. it is also apparent, with loss of our park and open space bored
issue, that we are not going to be able to develop neighborhood. parks
in most of the older sections of Carlsbad. As a result, funds =.oill
accurmilate in some park areas with little likelihood of their expen-
diture for park acquisition and./or. development.
It is also likely that small neighborhood parks may not be the answer
in all areas of the City. Some areas may he best served by a number
of neighborhood narks. Others will find a s4.ngle large park best, and
,yet others may prefer a medium .sized park and a lesser_ number of neigh-
borhoo,9. parks. My opinion is that a limited nu.ber of parr areas
will. allow the parks and Recreation Commission, Planning Commission
and City Council maximum flexi':d il.ity in future nark and open space
planninca and development. From a budgetary standpoint, it will allow
sufficient funds to .mulate annually in mist park areas to carry
on an active acquisit,:� /development nrogr_am.
`"he oroposed park a--:w,as were made as large as possible, and as few in
number. as I believe r-ossible, in keeping with the enabling statute.
Parks Located within each area will be functional in terms of servic-
inrx the area concerned:. Tis nronosed park areas have heretofore been
approved by the Darks & Recreation Commission.
JA B . A TOLD ,
Ci ,y Manager
Attachments (2 )
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RESOLUTION 1,10. 3061
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING
PARK AREAS FOR IMPLEMENTATION OF CHAPTtR
20.28 OF THE MUNICIPAL CODE WHICH PROVIDES
FOR LAND DEDICATIONS OR THE PAYMENT OF
FEES IN LIEU THEREOF FOR PARK PURPOSES IN
CONNECTION WITH LAND DEVELOPMENT IN THE
CITY.
WHEREAS, the City of Carlsbad in Chapter 20.28 of the Muni-
cipal Code has established certain requirements for dedication of
land, payment of fees, or both for purposes of providing park and
recreational facilities; and
WHEREAS, said requirements are levied on all subdivisions
and parcel splits in the City; and
WHEREAS, Municipal Code Section 20.28.090 provides that the
land and fees received by the City pursuant to these requirements
must be used to serve the residents of the development which
produced them; and
WHEREAS, the City Council desires to ensure that parks de-
veloped under Chapter 20.28 bear a reasonable relation to the
present and future needs of the residents of the development which
produced the facilities and that they are coordinated with other
City parks and with the recreational element of the General Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, as follows:
1. Various PARK AREAS within the Carlsbad General Plan. Area
are hereby established. It is anticipated that the City will
develop a park facility within each park area in conformance with
the recreational element of the Carlsbad General Plan.
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2. Whenever a person proposes to divide land and is required
by the provisions of Chapter 20.28 to dedicate land, the land
dedicated shall be within the PARK AREA in which the development
is located. When a fee is paid it shall be maintained in a
separate account identified with the PARK AREA in which the de-
velopment that generated the fee is located, and may be used only
for development of the CITY PARKS within that PARK AREA.
3. The PARK AREAS established herein may be modified by
future resolution of the City Council.
4. The areas shown on Exhibit "A", attached hereto, and
incorporated by reference herein are hereby established as official!
PARK AREAS for the City of Carlsbad.
5. The PARK AREAS established by Resolution No. 1401 as
shown on Exhibit "B", attached hereto, and incorporated by refer -
en ce herein are abolished.
6. Funds accumulated before the date of this Resolution for
the old PARK AREAS shall be placed in accounts for the new FARE;
AREAS established herein as follows:
a) Where an old PARK AREA is wholly located within a new
PARK AREA, the funds shall be placed in the account
for the new area.
b) Where an old PARK AREA falls within more than one new
area, the funds shall be apportioned between the
accounts of the new PARK AREA on the basis of area
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the 6th
day of February , 1973, by the following vote, to wit:
AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
ATTEST:
. AUAM,), LXty Uler
(SEAL)
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AVID M. DUNNE., Mayor of the
City of Carlsbad, California
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ORDINANCE NO. 9190
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD ESTABLISHING REGULATIONS FOR DEDICATION
OF LAND PAYMENT 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
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
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
(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;
and
(c) The City Council of the City of Carlsbad has adopted
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 fee, 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 shall
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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SECTION 4. RELATION OF LAND REQUIRED TO POPULATION DENSITY.
It is hereby found and determined:
(a) That the public interest, convenience, health,
welfare and safety require that four (44) 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 between the City and the local school
districts to make available one and one-half (1-1/2) acres of
property for each one thousand (1,000) persuns 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 requirements
of this ordinance.
SECTION 5. POPULATION DENSITY. Population density for the
purpose of this ordinace shall be determined in accordance with the
1960 Census of Population on Housing: Final Report PHC (1)-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 property
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 based on the gross area included in the subdivision,
determined by the following formula:
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DENSITY FORMULA:
Percentage of the
.gross area of the
Net density per dwelling unit subdivision required
when park land is
dedicated
1 D.U.
peracre
or
more
I,D.U.
per 1/2 to
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acre
1.20%
1 D.U.
per 10,000 sq.
ft.
to T/2 acre
1.73%
1,D.U.
per 9,000
to
9,999
sq. fr.
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
21.057.
70 to
79 D.U.'s
per
acre
23.54%
'80 to
89 D.U.'s
per
acre
25.85%
90 to
99 D`.U.'s
per
acre
28.00%
100 D.U.'s and over Der acre 29.07%
SECTION 7. AMOUNT OF FEE IN LIEU Or 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
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 D.U. per acre or
-- .262
I D.U. per 1/2..t.o l acre 27
1 D.U. per 10,000 sq.'ft. to 1/2 acre '767
•1 D.U. per 9,000 to 9,999 sq. ft." 1,209
T _D.U• per 8,090 to 8,999 sq. ft. 1;350
T D.U.�per 7,'000 to 7,999 sq. ft'. T,632
1-D.U. per'6,000 to 6,999 s'q, ft. 1;768
1 D.U. per 5,000 to 5,999 sq. ft. 209.0
10 to 19 D'.U.''s per acre 2,680
20 to 29 D.U.'s per 'acre 4;466
30 to 39 D.U.'s per acre •6,257
40 to 49' D.U.'s per 'acre 8,039
50 to 5'9 D.U. s ' per acre 9;82-5
60 to 69 D.U.'s per acre 1-1;611
70 to 79 D.U.'s per acre 13,408
80 to 89`D.U.'s per acre 15,185
9'0 to 9'9 D.U.'s per acre.
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
(b) If the subdivider objects to such evaluation 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 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 u
maximum oftwenty-five.Pe=ait(2_T%)of the requirement of dedication for
park and recreation purposes, as set forth in SECTION 6 hereof, or
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the payment of fees in lieu thereof, as set forth in SECTION 7 here-
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 areas, setbacks and other open
areas required to be maintained by the zoning and building
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
(c) 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
within the tract and which cannot be defeated or eliminated
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;
and
(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
map approval, the City Council shall determine as a part of
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 APPROVAL OF FINAL MAP. Where dedi-
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 deposited with the City prior to
the approval of the final tract map. Open space covenants for
private park or recreational facilities shall be submitted to
the City prior to approval of the finial tract map and shall be
recorded contemporaneously with the final tract map.
(b.) DETERMIMATION. Whether the City Council accepts land
dedication or elects to require payment of a fee in lieu there)
of, or a combination of both, shall be determined by consider-
ation of the following:
(1) Recreational element of the 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 s fee shall he charged, or a combina-
tion :thereof, 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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1 SECTION 10. TIME OF COMMENCEMENT MUST BE DESIGNATED.
2 At the time the final tract map is approved the City Council shallR
3 designate the time when development of the park and recreational
4 facilities shall be commenced.
5 SECTION 11. LIMITATION ON USE OF LAND AND FEES. The land and l
6 fees received under this ordinance shall be used only for the
7 purpose of providing park and recreational facilities to serve the
8 subdivision for which received and the location of the land and
9 amount of fees shall bear a reasonable relationship to the use of.
10 the park and recreational facilities by the future inhabitants of
11 the subdivision.
12 SECTION 12. EFFECTIVE DATE. This ordinance shall take effect
13 and be in force on the thirty-first day from and after its adoption.
14 SECTION 13. PUBLICATION. The City Clerk of the City of Carls-
15 bad is hereby directed to cause this ordinance to be published once
16 in the Carlsbad Journal, a newspaper published and of general
17 circulation in said City of Carlsbad.
18 First read at a regular meeting of the City Council held on
19 th.; 4th day of October, 1966, and finally passed, approved and
20 adopted at an adjourned regular meeting held on the 2Oth day of
21 October, 1966, by the following vote, to wit:
22 AYES: Councilmen Worthing, Neiswender, Dunne and Jardine.
23 NOES: None.
24 ABSENT: Councilman Atkinson. �--
25 ATTEST:
26 DAVID M. DUNNE, Vice Mayor of
the City of Carlsbad
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Carlsbad, California
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M'ARGARET E. ADAMS
29 City Clerk
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