HomeMy WebLinkAbout2007-05-22; City Council; 19010; Amendment to Carlsbad Municipal CodeCITY OF CARLSBAD - AGENDA BILL
AB# 19,010
MTG. 5/22/07
DEPT. CITY ATTY
Amendment to Carlsbad Municipal
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CITY ATTY. f&V*
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RECOMMENDED ACTION:
Introduce Ordinance No. NS-842 amending Carlsbad Municipal Code sections 20.44.090 and
20.44.100.
ITEM EXPLANATION:
Language of Chapter 20.44 Section 20.44.090 is being amended to more accurately reflect the
chosen objective set forth in the City's General Plan Parks and Recreation Element which
include "Carlsbad's present park development philosophy concentrates on providing larger
community parks, which incorporate a balance of both active and passive recreational
amenities....The development of small neighborhood parks is no longer pursued primarily
because of the high cost of maintenance." The goals, objectives and implementing policies and
action programs in the Parks & Recreation General Plan Element speak to providing a certain
number of parks within each of the four park quadrants of the City. Park acreage requirements
are determined on a quadrant basis and park-in-lieu fees are used to provide park facilities in
the quadrant in which they are collected.
FISCAL IMPACT:
There is no fiscal impact associated with this code amendment.
ENVIRONMENTAL IMPACT:
The Planning Director has determined that this ordinance revision is exempt from CEQA review
in that it can be seen with certainty that there is no possibility that the activity in question will
have a significant impact on the environment.
(California Code of Regulations, Title 14, Chapter 3, 15061(b)(3))
EXHIBITS:
1. Redline Version of Municipal Code Sections 20.44.090 and 20.44.100.
2. Ordinance NS-842
DEPARTMENT CONTACT: Jane Mobaldi (760) 434-2891
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
20.44.090 Limitation on use of land and fees.
The land and fees received under this chapter shall be used only for the purpose of
developing new or rehabilitating existing park and recreational facilities te which serve
the population within the park quadrant within which the subdivision for which the
fees are received is located 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.
20.44.100 Time of commencement of facilities.
The city council shall develop a schedule specifying how, when and where it will use the
land or fees or both to develop park or recreational facilities to serve the residents of the
subdivisions within the park quadrant area of the city in which the subdivisions are
located. 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
proportion that the size of their lot bears to the total area of all lots within the subdivision.
1 ORDINANCE NO. NS-842
2 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, TO AMEND
3 SECTIONS 20.44.090 AND 20.44.100 OF THE
4 CARLSBAD MUNICIPAL CODE
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains
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as follows:7
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SECTION I: That section 20.44.090 of the Carlsbad Municipal Code
is amended to read as follows:
Limitation on use of land and fees.
The land and fees received under this chapter shall be used
for the purpose of developing new or rehabilitating existing
park and recreational facilities which serve the population
within the park quadrant within which the subdivision for which
the fees are received is located 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.
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SECTION II: That section 20.44.100 of the Carlsbad Municipal Code
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is amended to read as follows:
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1 g Time of commencement of facilities.
The city council shall develop a schedule specifying how,
when and where it will use the land or fees or both to develop
park or recreational facilities to serve the residents of the park
quadrant in which the subdivisions are located. 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 proportion that
the size of their lot bears to the total area of all lots within the
26 subdivision.
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EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its
adoption; and the City Clerk shall certify the adoption of this ordinance and cause it to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen (15) days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council
on the 22nd day of May 2007, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad, California, on the day of , 2007, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)