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Home My WebLink About1975-02-04; City Council; 3295; Amendment Chapter 20.28 Dedication Park LandsI I, • 11,, ,T lI E C I T Y 0 F Agenda Bill No. ~5 Referred To: Subject: Amendment of Chapter 20.28 Regarding the Dedication of Park I.ands ~tatement of the Matter II Ill CARLS BA 7l /0-{jv) CALI.F°ORNIA/ Date:~uary 4, 1975 Submitted By: City Attorney The Parks and Recreation Director, Planning Director and city Attorney have be~n involved for some time in working with the developers of the Carrillo Ranch property to carry out the provisions of Ordinance No. 9365 approving the Master Plan for the project. In particular we have been concerned with those portions of the Ordinance which deal.with the Carrillo Ranchhouse and surrounding park site. Municipal Code Chapter 20. 28, which provides for the dedication of the J.and in connection with subdivisionsdoes not adequately provide for the arrangements which we have made with the Carrillo Ranch developers. At the request of the concerned departments, my office has prepareQ an amendment to the park land dedication ordinance to provide an alternate procedure t.o be applied to projects in a planned community zone for satisfying the deV':!loper's park obligations. Exhibit 1. Ordinance No. f"//, Staff Recommendations If the City council approves the proposed amendment to Chapter 20.28 of the Carlsbad Municipal Code, your action is to introduce Ordinance No. f,t/h I ,,; ~if11rmr·1 11 17 II! 111 'I Ii1 111, I~ II I ""'. ~~r I 'I ~ ' rq1 I' I ~, I AB No. Date: Februaqz 4, ]915 City Manager's Recommendation Concur with staff recommendation ' Council Action 2-4-75 Ordinance #9416 was introduced for a first reading, regarding the dedication of Park Lands. 2-18-75 Ordinar1ce #9416 was 1ntroduced for a second reading and adopted. -2- 0 ~ "' co U) _, 0 . a: 0 N a:~ m -, tJ ou.: ~ ~. 0 0 z a: ~ ~ ~-o to -<C ~ tJ ::; _, u.: • _, <( >-w tJ I-w 8' • ffi 2 N ~ tJ a: ~ z o lll > I= ~ ~ ~ ~ tJ u l 2 3 4 5 6 7 8 9 ORDINANCE.NO. 9416 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 AL~ERNATIVE PROCEDURE FOR THE DEDICATION OF PARK LAND FOR SUBDIVI- SIONS DEVELOPED IN THE PLANNED COMMUNITY ZONE. The City Council of the City of Carl.sbad, 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20.28.110 to read as follows: "20.28.110 Alternate procedure--Planned community projects The purpo~e 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 Cound.l may elect to utilize for subdivisions processed as part of a master planned project in the planned community zone. (]J The City Council may elect ·to proceed pursuant to this section by the inclusion of an appropriate condition in the master plan for a ~reject 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 t:o 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 lancjl 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 acc-:pt such improvements for utilizati.on in the City's park and recreation program, the Council may cause such improvements to be appraised, ~nd 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. (3) The.land tledicated or fees paid pursuant to this 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· subdi.vision. (4) After electing to utilize the provisions of thi~ section, the City Council may provide chat the requirement for - 0 <( a, "' "' -' 0 0 • 0: N a: <( a, -, u ciu.w::5 00~~ ~>-~O iii t: <t !:: u ::; -' LL '· irl ~ I->-8 • ~ ~ N 0 r.:J a: .... ~ Z O tn > I= ~ <( <( ~ 0 0 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 ?ursuant to this section. A requirement for payment of fees may be satlsfied in the sam~ 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 us!=!d 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. (5) The method of accomplishing the dedication of the land or the payment of fees in lieu·thereof, the method for making the land or fees available in accord with this section, and a=iy 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. (6) If the planned community project is rezoned or other- 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 remaining balance of any land or 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. (7) In the event the balance of land or fees available 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." EFFECTIVE DATE: This or1inance 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 24 Carlsbad City Council held on the day of ______ , 1975, . 25 and thereafter 26 PASSED AND ADOPTED at a regular-meeting of said Council 27 held on the 28 day of -------------' 1975 . 2. 0 <( a, IX) "' _J 8 . a: N a: <( a, .., (.) ou.w~. 0 0 ii/§ ~i'.:~~ iii-<-(.) ::; _J u.: I ..J <( >-w (.) ~ w 8·ci ~~~~ zo "' > I= ~ < <( i'.: (.) u l by the following vote, to wit: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: NOES: ABSENT: ATTEST: . ' (SEAL) Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler. None. None. FRAZEE, Mayor S, (City Clerk 3.