HomeMy WebLinkAbout2011-10-11; City Council; 20707; AMENDING TITLE 20 DEDICATION LAND RECREATIONAL/W5T 1 ' 'V^IBy CITY OF CARLSBAD - AGENDA BILL^fi&y
AB# 20.707
MTG. io/11/ll
DEPT. CED
AMENDING THE CARLSBAD MUNICIPAL CODE,
TITLE 20 - SUBDIVISIONS, CHAPTER 20.44
DEDICATION OF LAND FOR RECREATIONAL
PURPOSES
DEPT. DIRECTOR gj&^
CITY ATTORNEY "^V?^
CITY MANAGER ( . -VA'
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. CS-162 AMENDING the Carlsbad Municipal
Code, Title 20 - Subdivisions, to give credit for existing residential single family or duplex units when
calculating the requirement to dedicate park land or pay a park in-lieu fee, and eliminating the Park
Land Dedication Formula Table.
ITEM EXPLANATION:
City of Carlsbad Municipal Code, Section 20.44.040 provides for the dedication of park land or the
payment of an in-lieu fee at the time a final map or parcel map is filed for approval.
Currently, when a tentative map or tentative parcel map is filed for the purpose of subdividing land into
separate parcels, existing single family residences or duplex units on the property are excluded from
the payment of the park in-lieu fee. However, when a tentative map or tentative parcel map is filed for
the purpose of conversion of those same units into condominiums or for another planned
development, no credit for existing residential units is given when calculating the park in-lieu fee.
This has created a number of situations where an owner has filed a tentative map or tentative parcel
for a condominium project and was conditioned to pay the park in-lieu fee with no credit given for the
existing residential units on the property. Had development regulations allowed for the filing of a
tentative map or tentative parcel map to create separate parcels, the existing units would have been
credited against the required park in-lieu fee.
The proposed revisions would give credit for existing single family residence(s) or duplex units, on the
property at the time the tentative map is filed, whether or not the units will be replaced. The
exemption would apply to tentative maps or tentative parcel maps filed for the purpose of the
subdivision of land into separate parcels, for the conversion of units into condominiums, or for another
planned development.
Currently the municipal code includes a formula for calculating required park land dedication that is
based on the most recent federal census. However, the existing Park Land Dedication Formula
Table, also included in the municipal code, is based on outdated census data. By eliminating the Park
Land Dedication Formula Table, the park in-lieu fees will instead be reviewed annually when the
development fees are updated, and can be indexed to the latest available census data and land
acquisition cost on an annual basis.
DEPARTMENT CONTACT: Glen Van Peski 760-602-2783 Glen.VanPeski @carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION:APPROVED
DENIED * D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D .
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
ENVIRONMENTAL IMPACT:
Carlsbad Municipal Code Title 19, Environmental Protection Procedures, identifies minor municipal
code amendments which do not lead to physical improvements beyond those typically exempt or
which refine or clarify existing land use standards as being exempt from the California Environmental
Quality Act (CEQA) and thus not requiring environmental review. This exemption is pursuant to State
CEQA Guidelines Section 15061 (b) 3, which states "when it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment, the activity
is not subject to CEQA."
FISCAL IMPACT:
Based on Staff's research, in the last five years, the proposed code amendments would have resulted
in two parcels, for a total of four dwelling units, being exempted from paying park in-lieu fees. Due to
the requirement that condominium conversions pay the park in-lieu fee, two projects in the last five
years chose not to proceed to final design following discretionary approval and, as such, no
subsequent development fees were collected. Therefore it appears that the potential minimal
financial impact of the payment of fewer park fees will be partially offset by the collection of additional
development fees from projects that would not otherwise proceed.
EXHIBITS:
1. City Ordinance No. cs£l£2_
2. Strikeout version of proposed Ordinance
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EXHIBIT 1
ORDINANCE NO.CS-162
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD
MUNICIPAL CODE, TITLE 20 - SUBDIVISIONS, CHAPTER 20.44,
TO GIVE CREDIT FOR EXISTING RESIDENTIAL SINGLE FAMILY
OR DUPLEX UNITS WHEN CALCULATING THE REQUIREMENT
TO DEDICATE PARK LAND OR PAY A PARK IN-LIEU FEE, AND
ELIMINATING THE PARK LAND DEDICATION FORMULA TABLE
The City Council of the City of Carlsbad, California, hereby ordains as follows:
SECTION 1:
That Title 20, Chapter 20.44 of the Carlsbad Municipal Code is amended by the revision
of Section 20.44.040 to read as follows:
"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, dedicate
land for such facility pursuant to the following standards and formula:
The formula for determining acreage to be dedicated shall be as follows:
Average no. of persons per dwelling unit
(based on most recent federal census)
3 acres of park land per
1000 population
X Total number of
dwelling units
The total number of dwelling units shall be the number permitted by the city on the property in the
subdivision at the time the final map or parcel map is filed for approval, less any existing
residential units in single-family detached or duplex dwellings. The park land dedication
requirement will be reviewed annually effective July 1, and adjusted as necessary by resolution of
the City Council to reflect the latest federal census data."
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.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
11th day of October 2011, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad,
California, on the day of , 2011, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT 2
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, dedicate land for such facility pursuant to the following
standards and formula:
The formula for determining acreage to be dedicated shall be as follows:
Average no. of persons per dwelling unit
(based on most recent federal census)
3 acres of park acrcs-per
1000 population
X Total number of
dwelling units
Tho fnllnwinn tnhln nf nnnulntinn rlonnitv if, tn ho fnllnvA/pri-
Park Land Dedication Formula Table
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Acreage
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The total number of dwelling units shall be the number permitted by the city on
the property in the subdivision at the time the final map or parcel map is filed for
approvaI, less any existing residential units in single-family detached or duplex
dwellings.: provided, however, that except for subdivisions which consist of the
conversion of existing buildings or mobile homo parks into condominiums or other
planned developments, ony existing residential unit or units, whether or not the unit or
units will be replaced, shall bo subtracted from the totoL The park land dedication
requirement will be reviewed annually effective July 1. and adjusted as necessary to
reflect the latest federal census data.
CITY OF
V CARLSBAD
October 11, 2011
FOR THE INFORMATION OF
THE CITY COUNCIL
DATE CITY ATTORNEY
To: MAYOR AND CITY COUNCIL
From: CITY ATTORNEY
cc j
C.
Re: OCTOBER 11, 2011 COUNCIL MEETING/ITEM # 17 /AMENDMENT TO
CHAPTER 20.44
Please replace the redline strikeout version of the above ordinance which is up for
adoption at tonight's meeting. The phrase in the last sentence of section 20.044.040
which reads "by resolution of the City Council" was inadvertently left out.
I appreciate your prompt attention to this matter.
RONALD R. BALL
City Attorney
c: City Clerk ;
City Manager
io/nl nDate:_
Distribution:'
City Clerk
Asst. City Clerk
Deputy Clerk
Book
City Attorney
1200 Carlsbad Village Drive I Carlsbad, CA 92008 760-434-2891 I 760-434-8367 fax I www.carlsbadca.gov
EXHIBIT 2
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-1
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, dedicate land for such facility pursuant to the following
standards and formula:
The formula for determining acreage to be dedicated shall be as follows:
Average no. of persons per dwelling unit
(based on most recent federal census)
3 acres of park acres per X Total number of
1000 population dwelling units
BitiAllinncWfcMiuiysi
Attochcd multiple fsmilv (more thon "1 unitr)
41UJ
Acrcacc Acreocc'DUB
Hrn^itif /HI 1 Arror ^tH
iS4 344
2 19 236
3r44 ¥te
1 go 220
The total number of dwelling units shall be the number permitted by the city on"
the property in the' subdivision at the time the final map or parcel map is filed for
approval, less any existing residential units in single-family detached or duplex
dwellings.: provided, however, that oncopt for subdivisions which consist of the
conversion of existing buildings or mobile homo parks into condominiums or other
planned developments, any existing residential unit or units, whether or not the unit or
units will be roplocod, shall bo subtracted from the totoli The park land dedication
requirement will be reviewed annually effective July 1. and adjusted as necessary by
resolution of the City Council to reflect the latest federal census data.
Formatted: Justified
f Formatted Table
Formatted: Centered
Formatted: Justified
Dedication of Land for Recreational PurposesGlen K. Van PeskiOctober 11, 2011
Park Land DedicationStaff‐initiated change¾Give credit for existing structures¾Eliminate Park Land Dedication Table
Credit for Existing StructuresSubdivision Map Act allows cities to require dedication of park land for subdivisions¾Vacant land subdivided into new lots¾Condo conversion of existing apartment buildings3
VariationsSubdivision with one or more existing structuresPlanned development condominium development with existing structuresDuplex with condominium subdivision4
ExampleExisting duplex:5
ExampleExisting duplex + lot split: NO FEE6
ExampleExisting duplex:7
ExampleExisting duplex + condo: PAY FEES8
ExampleExisting duplex:9
Credit for Existing StructuresRecommended changes:Comply with Subdivision Map ActConsistent with past City Council directionFair and reasonableEncourages upgrading of existing infill properties10
Elimination of Park Land TableStandard: 3 acres per 1000 personsPark in‐lieu fee based on:¾Number of persons per dwelling unit¾Cost per acre to acquire park land11
Elimination of Park Land TablePersons per dwelling unit ¾Based on federal census data¾Updated every 10 years12
Elimination of Park Land TableRecommended changes:Eliminates conflict in the municipal codeReduces the need for future code changesAutomates changes as part of fee updates13
SummaryStaff recommends introduction of the ordinance amending the Carlsbad Municipal Code, Title 20 – Subdivisions, to give credit for existing residential single family or duplex units when calculating the requirement to dedicate park land or pay a park in‐lieu fee, and eliminating the Park Land Dedication Formula Table.14
Questions?15