HomeMy WebLinkAbout1982-06-22; City Council; 7069; Park-In-Lieu fee complianceCIT'b 3F CARLSBAD - AGENDA d1LL
AB# 70b 7
MTG. 61 22/82
DEPT.h
TITLE: PARK-IN-LIEU FEE C~MPLIANCE DEPT. HD..+ I CITY AlNm
ICITYMGR.
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RECOMMENDED ACTION:
That the City Council by minute mtion, direct City staff to continue to
canply With Chapter 20.44 "Dedication of Land for Recreational Facilities", of the Carisbaa J%micibl Code, especially as it pertains to park-in-lieu fees.
ITEM EXPLANATION:
On May 4, 1982, Mr. John WCoy, Carlsbad Developwnt Corporation, requested
partial relief of papt of park-in-lieu fees for minor subdivision Mrmber 570.
Another letter addressing the same subject was sent by Elr. Jim Swab on June 10, 1982.
Both individuals are requesting that park-in-lieu fees not be required for existing
residences in minor subdivisions. They mke reference to schl fee policy and
mlic facility fee policy, both of which give credit for existing residences.
The basis in law for P.I.L. fees and public facility fees are entirely different.
There is enough flexibilty however to make the issue a prely plicy matter.
Public Facility Fees are based on the theory that sufficient facilities exist to serve present develovt and that new construction must pay its fair share of
the cost of new facilities needed to serve it. building permit is issued.
The fee is collected when the
Park-in-lieu fees are applied when a subdivision of land is granted.
At such time as the
A
subdivision is a "new life" for a parcel of land.
the landowner but as a privilege granted by the City. subdivision is approved it must be shown that all facilities reasonably required to serve the new lot configuration have been constructed or guranteed. If a new
water or sewer line is required, it must be built. If service can be taken from an existing line and it can be shown that the developer has paid his fair share, the existing line can be used. If the developer has not paid a fair share, line
fees are similarly administered. If it can be shown that the developer has paid
park-in-lieu fees on the parcel to be subdivided, credit for previous fee payment
is given, othemise full fees are collected for each lot.
It isxot given as a ''right" of
This is the way P.I.L. has been administered for the last 10 years. No change
is being reconmmded at this the.
AIVE ACTION:
Council my, as a matter of policy, wish to have P.I.L. fees a-istered
in a manner similar to that of public facilities fees.
they should instruct staff to initiate a change to section 20.44 of the Municipal Code and return it to Council for review and action.
If such is Council's desire,
FISCAL ICPACI':
There is no fiscal impact to the City by continuing campliance.
EXHIBITS: A. Memo from City Manager 6/22/82
B. Memo from City Attorney 5/13/82
C. Chapter 20.44 Municipal Code
D. Letter from John McCoy dated 5/4/82
E. City Engineer's memo of 5/12/82
F. Letter from Jim Swab dated 6/10/82
..
JUNE 1982
MEMORANDUM
TO : CITY COUNCIL
FROM : City Manager
PARK-IN-LIEU FEE
The purpose of this memo is to provide additional infor-
mation concerning council policy on payment of Public
Facilities (PFF) and Park-In-Lieu (PIL) fees.
Council has a request from Mr. McCoy and Mr. Swab to change existing policy and grant an exception from pay- ment of park fees where the new house is a replacement for an old house.
The council now has two different rules which appear inconsistent. When a property owner splits a lot on which an existing house is located, the question raised
is, "should PFF and PIL fees be paid for the existing house .
If the existing house is torn down and a new house erected,
then a park fee is charged but the Public Facilities Fee
is waived.
When the council adopted Council Policy 17 in 1979, a
specific exception was granted from payment of the Public
Facilities Fee.
"(a) The construction of a building or structure or mobilehome space which is a replacement for a building or space being removed from the same lot or parcel of land. The exception shall equal but not exceed the fee which
would be payable hereunder if the building being replaced were being newly constructed. If the fee imposed on the
new building exceeds the amount of this exception, such excess shall be paid."
No such exception is provided for park fees. Section
20.44.040 reads as follows:
"The basis for determining the total number of dwell- ing 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. (Ord. 9190 3 5) .I1
EXHIBIT A
JUNE 22, 1982
Page 2
PARK-IN-LIEU FEE
The interpretation followed by the staff is that park
fees are required when land is subdivided and a separate
fee must be paid for each parcel.
Policy 17 levies a Public Facility Fee for each new building permit but grants an exception for a replacement
building .
The council needs to decide if the city should (1) continue
to grant an exception for replacement buildings for PFF, (2) grant an exception for park fees for replacements, (3)
make no change.
FISCAL IMPACT
It is not possible to estimate the amount of revenue gained
or lost by changing the policy. It depends on how many old
buildings are replaced in the future. Since Council has
already granted a replacement exception for PFF, the issue seems to be one of fairness rather than economics. .
FRANK 22 ALESHIRE
City Manager
FA: cle
Attachment:
Council Policy 17
I P?e 1 of 4 ,licy No. 17 ..-
Date Issued 2/24/82
-
CI OF CARLSBAD
General Subject: Requi remen ts Ne cess ary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
COUNCIL POLICY STATEMENT .
Supersedes No .I7 issued
8/29/79
:opies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
BACKGROUND:
. The Public Facilities Element of the General Plan requires that
before giving approval to zoning, rezoning, development or
redevelopment proposals, the public health and safety and the general
welfare of the community and all its citizens requi're that the
proponent of any such actions shall present evidence satisfactory to
the City Council that all necessary services and facilities will be-
available concurrent with need.
For those services and facilities provided by another entity, the
Council has and will continue to be guided by a letter of availability
from such entity. For those services provided by the City, the
Council has previously relied on a report of availability from the
City Staff. On July 3,' 1979 the City Manager reported that in the
future such services and facilities cound not be made available to new
development from the City's resources,
.PURPOSE:
1. To establish a policy regarding the requirements which must be
met before the City Council will find that the Public Facilities
Element has been satisfied.
2. To establish a policy that will allow development to proceed
in an orderly manner while insuring that the requirements of the
Public Facilities Element will be satisfied by establishing a fee to
fund the cost of City-provided facilities, including but not limited
to: Parks, rr.ajor streets, traffic signals, storm drains, bridges and
public buildings such as fire stations, police facilities,
maintenance yards, Libraries and general offices which will insure
they will be available concurrent with need.
POLICY:
1. In determining whether or not service provided by another
entity will be available concurrent with need in connection with a -
development, the Council, in the absence of evidence to the contrary,
shall be guided by a leEter of availability from that entity,
provided, however, developments which are required.to dedicate land
or pay fees for school facilities pursuant to Chapter 21.55 of the
Carlsbad Municipal Code, shall be .deemed to have satisfied the Public
Facilities Element in regard to schools for that development without
the necessity for nn availability letter.
b - 1 -1
*- CI' OF CARLSBAD .. 1 -' ,
' 'I P5ge 2 of 4
1 licy No. 17
(
COUNCIL POLICY STATEL*lENT - Date Issued 2/24/82
Requirements Necessary
to satisfy the public Effective Date 4/2/82
Facilities Element of
General Subject:
Specific Subject: the General Plan. Cancellation Date
c
1
.I
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
2. The City Council finds that the report entiled, "A Public
Facilities Fee for the City of Carlsbad", dated July 3, 1979,
accurately reflects the City's need for and lack of ability to
provide public facilities and services to new development and it is
hereby approved.
The Council also finds that the continued development of the
City, with the consequent increase in population and in the use of
public facilities, will impose increased requirements for such
facilities, including but not limited to parks, major streets,
traffic signals, storm drains, bridges and public buildings, such as
fire stations, police facilities, maintenance facilities, libraries
and general offices. The necessity for such facilities results
directly from new construction and the need cannot be met from
ordinary City revenues. The most practical and equitable method of
paying for such facilities is to impose a fee upon a new development
in the City. Payment of such a fee will enable the City to fund a
construction program to provide public facilities. If a development
agrees to pay the public facilities fee established by this policy,
the Council will be able to find that all necessary public facilities
and services will be available concurrent with need and that the .
requirements of the Public Facilities Element have been met. If that
finding cannot be made, the City Council will be required to
disapprove the development.
.3. Prior to approval of any zoning, rezoning, development or
redevelopment proposal, the applicant shall pay or agree to pay a
public facilities fee in the amount of 2% of the building permit
valuation of the buildings or structures or $1,150 for each mobilehome
space to be constructed pursuant to such approval.
paid prior to issuance of building or other permits and shall be
I
1 1 based on the valuation at that time.
The fee shall be
4. All proceeds from the fee collected pursuant to this policy
shall be paid into a special capital outlay fund of the City .
entitled, "Public Facilities Fund". The fund shall be used only for
the purpose of acquiring, building, improving, expanding and
equipping public property, and public improvements and facilities
including hut not limited to the following types of capital projects:
Public buildings (such as fire stations, police facilities,
maintenance and yard facilities, libraries and general city offices)
parks, major streets, traffic sign-als, storm drains, bridges and
other similar projects as the Council may deem necessary and
I
Page 3 of 4 1 F"licy No. 17 CITY OF CARLSBAD
' (
COUNCIL POLICY STATEP*LENT
Effective Date 4/2/*2
Cancellation Date
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
Date Issued 2/24/82
'
rr-
-.. 3;
(a) Any person when imposition of such fee upon that person
would be in violation of the Constitution and laws of the United
States or the State of California.
(b) The construction of any building by a nonprofit -
corporation exclusively for religious, educational, hospital or
cha'ritable purposes.
1 Supersedes NO. 17
8/2m
le f
Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
appropriate. Designation of expenditures of funds available from the
fund shall be made by the City Council in the context of approval of
the City's annual operating and capital improvements budget or at
such other time as the Council may direct.
5. The following exceptions from payment of th'e fee shall apply:
(a) The construction of a building or structure or
mobilehome space which is a replacement for a building or space being
removed from the same lot or parcel of land. The exception shall
equal but not exceed the fee which would be payable hereunder if the
building being replaced were being newly constructed. If the fee
imposed on the new building exceeds the amount of this exception,
such excess shall be paid.
(b) Accessory buildings br structures in mobilehome parks,
such as a club house, swimming pool, or laundry facilities.
(c) Buildings or structures which are clearly accessory to
an existing use such as fences, pools, patios and automobile garages.
(d) The City Council may gtant an exception for a low cost
housing project where the City Council finds such project consistent
with the Housing Element of the General Plan and that such exception
is necessary. In approving an exception for low cost housing the
City Council may attach conditions, including limitations on rent or
income levels of tenants. If the City Council finds a project is not
being operated as a low cost housing project in accordance with all
applicable conditions, the fee, which would otherwise be imposed by
this chapter, shall immediately become due and payable.
CITY- OF CATILSBAD
.
1 Page 4 of 4
7. The City Manager shall be responsible for- the administration
and enforcement of this policy. His decisions may be appealed to the
City Council whose decision shall be final.
I_p-licy NO. 17
Date Issued 2/24/82 COUNCIL POLICY STATEt~IEST
Requirements Necessary
to satisfy the Public
Facilities E:lement of .
the General Plan
I General SuSjeet :
Specific Subject:
I Supersedes No. 17 issued
8/29/79
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
(c) The construction of any building by the City of
Carlsbad, the United States or any department or agency thereof or by
the State of California or any department, agency or political
subdivision thereof.
-.. .,
MEMORANDUM
TO : Ron Beckman
FROM: City Attorney
DATE: May 13, 1982
RECEIVED
MAY 14 I982
CITY OF CARLSBAD Developmental Services
RE: Proposed Revision to Park Fee Ordinance
By a copy of a memorandum dated May 11, 1982 you have asked
some of your department people to coordinate with us in "correcting
the code" in regards to park-in-lieu fees. don't think there is anything wrong with the existing code that would require any cor- rection. Park fees are collected pursuant to Section 66477 of the government code which specifies the requirements which must be in- cluded in the City's ordinance. Our existing ordinance which has recently been revised is consistant in every respect with Section
66477. The ordinance revision which we prepared is the official League of California Cities standard ordinance.
We understand this initiative resulted from a letter by Mr. McCoy indicating there was something wrong with collecting fees on two lots for a two-lot parcel map. We have some comments on that letter. He indicates a school district would only charge one school fee in his circumstance. We can't speak for the school district's
procedures. They are separate, apart and legally unrelated to the
City's subdivision process. If there is a house on the lot which is to be retained, the City requires one public facilities fee for the new residence. That is because the City Council has found that existing facilities are adequate for existing residences but are inadequate for any new construction. Fees are required at the building permit stage only for the new construction. We don't un- derstand how that applies in this case since we have been informed
Mr. McCoy will destroy the existing house and plans to build two new residences. Park fees meet existing as well as future needs and relate to the division of land, not the construction of houses.
. :g Public facilities fees and school fees are imposed under the general plan public facilities element and apply to all zoning ap- , .- *- .: 4
; %> provals. Park-in-lieu fees are solely a function of a subdivision process and have an entirely different legal basis. Under state law, Mr. McCoy's parcel map is legally a two-lot subdivision. All the provisions of the subdivision map act and our subdivision or- dinance apply to two lots. If street improvements are not alreaqy in and fully adequate to current city standards the developer is, required to build street improvements for both lots. Every sub-' division starts out as a single parcel, there's no question of "credit" for that.
get improvements on the "new" lot. A developer has no right to subdivide property. The courts have said that subdivision is a
,, "-
Certainly it is not suggested that we can only
EXHIBIT B
*
.'
Ron Beckman May 13, 1982 Page 2
privilege. Subdivision process creates value and gives a property owner something that he could not have before. It is well estab- lished in the law, that the City has a right to require park fees and other necessary public improvements for the subdivision. There is no such thing in the law of subdivisions as "one free lot" be- cause the developer started with one parcel. The law defines the subdivision as including the entire property and Mr. McCoy's pro- ject is a two-lot subdivision.
We have previously expressed our opinion that the law does not require the subdivider to pay twice. If in fact park-in-lieu fees have been paid previously for the subject property for the existing lot, the subdivider is entitled to a credit. That credit would be
applied against the current fee schedule for the subdivision. This
has been the City's position at least for the last ten years. It
most commonly occurs in La Costa where park fees are paid for a subdivision and the developer comes in later with a condominium map on one of those subdivided lots. Pursuant to an opinion from this
office, the subdivider receives a credit for the fees previously
paid on his lot against those that would be charged for the condo- minium project. No amendment in the ordinance is necessary in that
regard. If park fees have been paid for the existing lot, they
would be credited. If, however, park fees have not previously been paid for subdivisions such as Mr. McCoy's the requirement that fees be paid for each lot in the subdivision will not have been met and
two fees should be assessed.
We think the code is correct and that the engineer's interpre-
tation is correct. We would be happy to meet with Mr. McCoy and
explain why his view is not consistant with standard subdivision
practice in California, at least as we understand it.
Of course, if the City does not want to collect park fees, there is no law that says we must and the ordinance to modify or eliminate the fee where a pre-existing remain on a newly subdivided lot. That is a policy has nothing to do with the legality of our existing
could be amended
residence is to
question which
ordinance.
Very truly yours,
VFB/ars
“?0.44.010--20.44.040
ChaDter 20.44
DEDICATION OF LAND FOR RECREATIONAL FACILITIES
Sections:
20.44.010
20.44.020
20.44.030
20.44.040
20.44.050
20.44.060
20.44.070
20.44.080
20.44.090
20.44.100
20.44.110
20.44.120
Purpose. Requirements. General standard. Standards and formula for dedication of land. Standards for fees in lieu of land dedi- cation.
Determination of land or fee.
Alternate decisionmaking body.
Amount of fee in lieu of land dedication.
Limitation on use of land and fees.
Time of commencement of facilities.
Alternate procedure--Planned community
projects. Exemptions.
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. (Ord. 9614 §l(part) , 1982: Ord. 9190 42).
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. (Ord. 9614 §l(part), 1982: Ord. 9549 $6, 1980:
Ord. 9521 524 (part) , 1979: Ord. 9190 S3).
20.44.030 General standard. It is found and determined
that the public interest, convenience, health, welfare and
safety require that two and one-half acres of property for
each one thousand persons residing within this city shall
be devoted to local park and recreational purposes. (Ord.
9614 Sl(par-t), 1982: Ord. 9190 54).
20.44.040 Standards and formula for dedication 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, dedi-
cate land for such facility pursuant to the following standards and formula:
344-18 (Carlsbad 5/82)
EXHIBIT C
-20.44.050--20.44.060
(1) The formula for determining acreage to be dedi-
cated shall be as follows:
Average No. of Persons per 1,000 population
dwelling unit (based on park acreage standard
1975 census) (2.5 acres)
(Example for single-family dwelling unit:
3.23 f 1,000 = 352 sq. feet 2.5 acres
(2) The following table of population densi-y is -0 be followed :
Park Land Dedication Formula Table
Average Acreage/DU
Types of Dwellings Density/DU 2.5 Acres Std.
Single-family 3.23 352 sq. ft.
Multiple-family 2.13 232 sq. ft.
Mob ile homes 1.86 203 sq. ft. (Ord. 9614 Sl(part), 1982: Ord. 9190 SS).
20.44.050 Standards for fees in lieu'of land dedi-
cation. (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 sub-
division, 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. (Ord. 9614 Sl(part), 1982: Ord. 9190 59).
(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 ap-
proval of the tentative map. In making that determination, . the city council shall consider the following:
344-19 (Carlsbad 5/82)
-?0.44.070--20.44.090
(a) Park and recreation element of the general plan;
(b) Topography, geology, access and location of land
(c) Size and shape of the subdivision and land avail-
(d) The feasibility of dedication;
(e) Availability of previously acquired park property.
in the subdivision available for dedication;
able 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. (Ord.
9614 $l(part) ,. 1982: Ord. 9190 S6).
20.44.070 Alternate decisionmaking body. For purposes of this chapter, the determinations to be made by the city council may be made by the city engineer for minor subdi- visions and by the planning commission for subdivisions of fifty units or less. (Ord. 9614 Sl(part), 1982: Ord. 9190
57)
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 based upon the
fair market value of the amount of land which would other- wise 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.
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. (Ord. 9614
Sl(part1, 1982: Ord. 9190 S8).
(b) If the subdivider objects to such valuation, he
20.44.090 Limitation on use of land and fees. The land and fees received under this chapter shall be used
cnly for the purpose of providing park and recreational facilities to serve the subdivision for which received,
and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the
subdivision. (Ord. 9190 S11).
344-20 (Carlsbad 5/82)
-20.44.100--20.44.110
20.44.100 Time of commencement of facilities. The city
council shall develop a schedule specifiying how and when it will use the land or fees or both to develop park or recreational
facilities. Any fees collected pursuant to this chapter shall
be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same propor- tion that the size of their lot bears to the total area of all lots within the subdivision. (Ord. 9521 S24(part), 1979: Ord,
9190 §lo).
20.44.110 Alternate procedure--Planned community projects. The purpose of this section is to provide an alternate procedure €or accomplishing the dedication of land or the payment of fees, or both, for recreational
facilities which the city council may elect to utilize
for subdivisions processed as part of a master planned
project in the planned community zone.
to this section by the inclusion of an appropriate condi-
(1) The city council may elect to proceed pursuant
tion in the master plan for a project in the planned com- munity 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 to exceed the estimated amount of the
obligations to be imposed by this chapter on thelsubdi- visions to be developed within the planned community project .
344-21/344-22 (Carlsbad 5/82)
(..
20.44.110
(2) If the land to be dedicated has been improved
prior to master plan approval and the city council determines i.t to be in the city's interest to accept such improvements
for utilization in the city's park and recreation program,
the council may cause such improvements to be appraised, and 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 dedicated 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 the amount shall be available to be drawn
upon at the option of the city council to satisfy the require-
ments 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
cormunity processed under this section shall be determined in accord with this chapter in the same manner as any other subdivision.
(4) After electing to utilize the provisions of this section, the city council may provide that the requirement
for 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 out-
side the subdivision boundaries and available for such
parpose pursuant to this section. A requirement for payment
of fees may be satisfied in the same manner from the amount
of previously deposited fees available for such purpose
pursuant to this section. A record of the transactions
shot\ring the amount of land or fees required, the amount of
creeit. used to satisfy such requirement, and the balance of land or fees remaining on account for subsequent subdi- vishns shall be presented to the city council prior to
final map approval.
land or the payment of fees in lieu thereof, the method
fox making the land or fees available in accord with this section, and any other matters necessary to carry out the
intent of this section may be established by the city
courxil. by a contract with the developer or by the inclu- slo:; 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
otherwise terminated by the city council prior to its com- pletion, the title to any land or improvements dedicated pursuant to this section shall remain in the city. The remining balance of any land or the value of any improve-
ments not utilized in satisfaction of the requirements of
(5; The method of accomplishing the dedication of the
344-23 (Carlsbad 4/15/75)
20.44.120
this chapter for approved subdivisions within the project
shall remain on account with the city and shall be available
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 avail-
able pursuant to this section is insufficient to satisfy
the requirements of this chapter for a subdivision, addi-
tional land or fees may be required pursuant to this chapter
in satisfaction of such requirement, or the city council
may elect to provide for additional dedications or payments in accord with this section which shall be available for the
requirements of subsequent subdivisions within the planned
community. Cord. 9417 §2(part), 1975; Ord. 9416 S1, 1975).
. satisfaction of the balance of such requirement and the
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 more 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
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 pitrcels for a shopping center containing more than three hundred thousand square
feet of gross leasable area and no residential development
or uses. (Ord. 9416 S2, 1982).
344-24 (Carlsbad 5/82)
390 oAi AVE.,’SUITE ‘0’
Telephone (714) 729-9242
P.0, BOX ‘a’
CARLSBAD, CALIFOl<FIIfb 9’”0
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EXHIBIT D
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MEMORANDUM - MAY 12, 1982
Assistant Services CITY OF CA'3SL 'i,!)
Developmental Services TO :
FROM: City Engineer
SUBJECT: McCoy's Request to Revise the Code on Assessment of
Pa rk- i n- L i eu Fees
I spoke to the City Attorney regarding revising the code to give park fee
credit for an existing dwelling within a new subdivision.
The Attorney reminded me that:
1. A subdivision is a new life for 1and;and existing improvements, previous
code requirements and earlier conditions of development may all be revised.
The only case in which credit for park fees should be granted is if the
subdivision is a re-division of land which previously was assessed for the
fee.
2. The credit given on the City's Public Facility Fee for existing residences
is based on the Council's finding that there are adequate public facilities
for existing residences and only additional dwelling units should be
asses sed.
I suggest that we recommend no code change to the Council.
LE :mmt
C: City Attorney
Richard A1 len
EXHIBIT E
. I. -
I. L* .. .”.
Mr. Frank Aleshire
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
2924 Highland Drive
Carlsbad, CA 92008
June 10, 1982
Dear Mr. Aleshire:
As the park-in-lieu fee concept was created to collect funds so the city can
build new parks to support the added population and the city is attempting to
charge me for two already established households (20 and 60 year old homes), I
would like to be given an opportunity at the next City Council meeting to address
this inequity and the need for the city to amend this ordinance. Charging estab-
lished households for something they already have is preposterous. The fact that
this ordinance got through the staff and was approved by the City Council as such is most discouraging.
new developments should pay their own way and increasing the cost of housing does
serve a purpose by creating a more exclusive community. What I do detest how-
ever, is being charged for something I already have and being asked to pay more
than my fair share.
creative developments, they should at least have sensible ordinances.
I don’t mind paying exorbitant developmental fees as I feel
If city officials really want to encourage innovative and
Please advise me as to the proper procedure and time for bringing this subject
to the council’s attention, or better yet, let me know the date the amended ordinance
is scheduled for public hearing.
Sincerely,
EXHIBIT F