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HomeMy WebLinkAbout1982-02-16; City Council; 6873-1; Revision of Park-In-Lieu Fees,- REVISION OF PARK-IN-LIEU FEES Suppl. 9, Agenda Bill 5779 and Suppl. 6, Agenda Bill 5779) ."* J CITl 3F CARLSBAD - AGENDA AILL DEPT. HD. CITY ATTY-EB CITY MGR~ RECOMMENDED ACTION: If the City Council concurs, you should take the following actions: 1. Introduce Ordinance No. $3$/& . 2. Adopt Resolutions No. L7& , No. 6755- , and No. k 796 ITEM EXPLANATION: The City Council at your January 19, 1982 meeting directed the preparation of the necessary documents and resolutions to implement a revision of Chapter 20.44 of the Carlsbad Municipal Code which provides for the dedication of land or the payment of fees in lieu thereof for park and recreation facilities. A memorandum explaining the various documents which we consider necessary in carrying out the Council's intention is attached. Also, attached are the documents we have prepared. If the City Council is satisfied we have accurately carried out your intentions in the matter, you should effect the recommended actions. FISCAL IMPACT: The fiscal impact was previously reported to the City Council at your January 19, 1982 meeting. EXHIBITS: City Attorney's memorandum dated February 11, 1982. Resolution No. k 79.r revising Council Policy No. 17. Resolution No. h796 revising the form of agreement. Resolution No. d794 establishing the estimated fair market value of property. Ordinance No. 96/9revising Municipal Code Chapter 20.44. 1. MEMORANDUM DATE : February 11, 1982 TO : Mayor and City Council FROM : City Attorney SUBJECT: EXPLANATION OF REVISIONS OF PARK-IN-LIEU FEE The City Council, at your January 19, 1982 meeting, instructed our office to prepare any documents necessary to implement a series of revisions to the City's Park-In-Fee Ordinance and implementing procedures. This memorandum is to explain how we have attempted to carry out that direction. Council's direction included five separate items. Those items, and our response to them, are as follows: 1. Adopt a standard fee for park-in-lieu fees. In order to do that we have undertaken a revision of Chapter 20.44 of the Carlsbad Municipal Code. The Council may recall several years ago we undertook a complete revision and recodification of the entire Subdivision Ordinance, except Chapter 20.44, which has remained essentially unchanged since 1968. Sections 20.44.090 (Limitation on the use of land and fees), 20.44.100 (Time for commencement of facilities), and 20.44.110 (Alternate procedure--Planned community projects) remain in the code unchanged. A new Section 20.44.120, detailing the exceptions to the fee and dedication requirements, has been added. This was changed both for clarity and to bring it current with the existing Subdivision Map Act. The primary change in the chapter was to Sections 20.44.010 through 20.44.080. Much of the material is the same, but it has been recodified and reorganized. All of the necessary changes to implement the new standard fee and revised parks standards have also been included. In addition to adopting the revised chapter of the code, it is also necessary that the City Council adopt a resolution fixing the average estimated fair market value of land (the standard fee) for each of the City's four park areas. A resolution in that regard has been prepared which will be in effect through the balance of 1982. 2. Eliminate the credit toward public facilities fees for park-in-lieu fees. The provision in Chapter 20.44 which was I. c Mayor and City Council -2- February 11, 1982 previously provided for that credit has been deleted in the new ordinance. In carrying out that direction, it is also necessary that the City Council modify both Council Policy Statement No. 17, which provides for the public facilities fee, and Resolution No. 6094, which approves the form of agreements for the payment of those fees. Resolutions making the necessary changes in Council Policy No. 17 and implementing agreements have been prepared. 3. Approve a general policy of park development, favoring large parks and eliminating small, localized parks. In that regard, developments of approximately 200 acres or more would dedicate land, and developments of approximately 200 acres or less would pay fees. We have not prepared any documents implementing that policy direction. Chapter 20.44 implements Sections 66477 of the Government Code (Subdivision Map Act) which contains the authority for a city to require the dedication of land or the payment of fees in lieu thereof. State law specifies a number of requirements for such an implementing ordinance. Section 66477(g) provides that fees only may be required for subdivisions of 50 lots or less. The revised ordinance carries forward that limitation. State law provides that for subdivisions of more than 50 lots the City Council is to decide at the time of tentative map approval, by inclusion of an appropriate condition, whether or not to require the dedication of land. State law further provides that, that decision is to be made based on a set of criteria--primarily the general plan and the City's adopted park and recreation element. However, that determination is to be made on a case-by-case basis, considering the facts as they apply to the individual subdivision. In that regard, the ordinance carries forward with some modifications the existing standards which the Council is to apply in making that judgment. It would not be appropriate to attempt to prescribe in advance of the public hearing on a particular subdivision the judgments the Council might make. It is, of course, appropriate for the Council and staff to express their general policies in the matter. In that regard, we think your action of January 19, 1982 in approving the revisions is sufficient. 4. Eliminate the 25% maximum credit to developers for private open space. That change from the existing code has been incorporated in the revised ordinance. 3 Mayor and City Council -3- February 11, 1982 5. Instruct staff to evaluate land values on an annual basis. There are no documents necessary to carry out this direction. The resolution establishing the estimated average of fair market value provides those values will be in effect through 1982. The City Manager, and the responsible department, now have the Council's direction to undertake the necessary evaluation of any changes in the market and return to the Council with the necessary resolution making any such changes in December 1982 so that the new figures, if any, can be effective January 1, 1983. As indicated above, we think we have prepared all of the documents necessary to effect the City Council's direction. There are, however, some additional actions which staff will need to take. In addition to preparing for the annual re- evaluation of values, the City Clerk will need to make and promulgate the necessary changes to Council Policy No. 17 and the Assistant City Manager for Development will need to make the necessary changes in the City's stock of standard form public facilities fee agreements. / VINCENT F. BIONDO, JR. i VFB/mla U 1 2 3 4 5 .6 7 8 9 10 11 12 a 6 18 19 20 21 22 23 24 25 26 27 28 4 *-’ pz&g ic - &:/I e d$ 1 ,.(E, i’ RESOLUTION NO. 6794 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ESTABLISHING THE ESTIMATED FAIR MARKET VALUE OF PROPERTY WITHIN THE FOUR PARK AREAS OF THE CITY AS ESTABLISHED BY RESOLUTION N0.6768 FOR 1982. WHEREAS, the City Council, by the adoption of Resolution No. 6768, has established four park areas within the Carlsbad General’Plan area for implementation of Chapter 20.44 of the Carlsbad Municipal Code which provides for a dedication of land or the payment of fees in lieu thereof for park purposes as a condition of the subdivision of land in the City of Carlsbad; and WHEREAS, Section 20.44.080 of the Carlsbad Municipal Code provides that the City Council may establish the estimated value of land within each such park area by resolution. Where a fee is required to be paid in lieu of land dedication, the amount of such fee is based upon the estimated value of the land which would otherwise have to be dedicated; and WHEREAS, after investigation of the land value within each of the park districts, and upon recommendation of the staff, the City Council is prepared to establish such values. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby establishes the estimated fair market value for land in each of the four park areas of the city, as established by Resolution No. 6768 for /// /// /// purposes of and pursuant to the authority in Municipal Code Section 20.44.080, as follows: Park Areas 1, 2 and 3 $ 87,000.00 per acre Park Area 4 109,000.00 per acre 3. In order that the park-in-lieu fee will keep up with changes in the value of property, staff is directed to return with recommendations for any revisions to these estimates prior to December 31, 1982. PASSED, APPROVED AND ADOPTED by the City Couincil of the City of Carlsbad, California, at a regular meeting held on the - 16th day of , 1982. AYES : NOES: Council Menher Iwis Council Menhers Packard, Casler, hear and Kulchin ABSENT: None ATTEST : (SEAL) 2. 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6795 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA REVISING COUNCIL PUBLIC FACILITIES FEES FOR PARK-IN-LIEU FEES. POLICY NO. 17 TO DELETE T~E CREDIT TOWARD WHEREAS, the City Council, at their January 19, 1982 meeting, received an extensive report from staff on park-in-lieu fees indicating that for a number of reasons deletion of the credit toward public facilities fees currently allowed for park- in-lieu fees was in order and in the public interest. Agenda Bill No. 6873, and the attachments thereto, including said report, are on file with the City Clerk and incorporated by reference herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That City of Carlsbad City Council Policy Statement No. 17, issued August 29, 1979, is hereby revised by the deletion of Paragraph 4, which provides a credit toward the public facilities fee for park-in-lieu fees, and by the renumbering of Paragraphs 5 through 8 to 4 through 7 respectively. /// /// /// /// /// /// /// /// 3. The City Clerk is directed to take any steps necessary to promulgate the amended Council policy statement. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, at a regular meeting held on the 16th day of February , 1982. AYES: Council Menhers Packard, Casler, Anear, and Kulchin NOES: 'c;;Ornacil Pknher Lewis ABSENT: Nom RONALD C. PACKARD, Mayor ATTEST: ad.QzUL k. R& ALETHA L. RAUTENKRANZ, City Cleqk [ SEAL) 2. 1; D d E u 18 19 . 20 21 22 23 24 25 26 27 2% RESOLUTXON NO. 6796 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AGREEMENT FOR THE PAYMENT OF PUBLIC FACILITIES FEES AS APPROVED AND ADOPTED BY RESOLUTION NO. 6094 TO DELETE THE CREDIT FOR PARK-IN-LIEU FEES. . CARLSBAD, CALIFORNIA REVISING THE FORM OF WHEREAS, the City Council, by the adoption of Resolution No. 6094, has approved the form of agreements for the payment of public facilities fees and authorized the City Manager to execute them on behalf of the City in accordance with Council Policy No. 17; and WHEREAS, the City Council has taken a series of actions to extensively revise Municipal Code Chapter 20.44 providing for the dedication of land or the payment of fees in lieu thereof for park and recreational purposes; and WHEREAS, as a part of said revision, the City Council has also amended Council Policy Statement No. 17, which provides for the public facilities fee,.to delete the credit toward such fee previously given for any dedication of land or payment of fees in lieu thereof for park purposes; and WHEREAS, as a result of said amendment, it is necessary that the City Council also revise the form of agreements for the payment of the public facilities fee; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. . That the agreements approved by Resolution No. 6094 are revised as follows: Section 1, on Page 3, of the Agreement Between Owner, Developer and Section 1, Page 3, of the Agreement Between Developer-Owner are revised by the deletion of the fourth full sentence in said sections which provides, ''A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. 'I PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, as follows: AYES: Council lkn-bers Packard, Casler, hear and Kdchin ABSENT: None /RONALD C. PACKARD, Mayor ATTEST : (SEAL) 2. 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 th'e City of Carlsbad. 20.44.020 Requirements. As a condition of approval of a final map 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. If the City Coiincil 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 - /// /L/ /// /// /// . *. . 1c 11 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 pursvant to the following standards and formula:' The formula for determining acreage to be dedicated shall be as follows: Average No. of Persons per 7 1,000 population dwelling unit (based on 1975 park acreage standard census ) (2.5 acres) (Example for single family dwelling unit: 3.23 7 1,000 = 352 sq. feet 2.5cres The following table of population density is to be followed: park Land, Dedication Formula Table Types of Dwellings Density/DU 2.5 Acrea Std. Single Family 3.23 352 sq. ft. Multiple Family 2.13 232 sq. ft. Mobilehomes 1.86 203 sq. ft. Average Acreage/DU 20.44.050 Standards for fees in lieu of land dediccikiun. (a). If the City Cvcrncil determines that iiiere is no park or recreational facility to be located in whole or in part within the proposed subdiyision, 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 sha.11 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 Coupcil shall consider the following: Park and recreation element of the general plan; . (a) /// 2. ,r <- 1 2 3 4 5 6 7 8 9 10 11 12 D cj . 18 V 19 20 21 22 . 23 24 25 26 27 20 (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 p+rk 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. jb) If the subdivider Gbjects to such valuzticr?,. 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 p'arcel as a condition to the issuance of such permit. 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. (b) 19 20 21 22 23 24 25 26 27 28 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 Cl'ty 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 , 1982, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 2nd day of March , 1982, by the following vote, to wit: AYES: NOES : Council Mer. LaJis Council Wers Packard, Casler, Anear and Kulchh RONALD C. PACKARD, Mayor ATTEST : (SEAL) 4.