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HomeMy WebLinkAbout2011-10-25; City Council; 20723; AMEND CODE TITLE 20 SUBDIVISIONS CHAPTER 20.44CITY OF CARLSBAD - AGENDA BILL AB# 20,723 MTG. io/25/ii DEPT. CLERK AMEND THE CARLSBAD MUNICIPAL CODE, TITLE 20 - SUBDIVISIONS, CHAPTER 20.44, DEDICATION OF LAND FOR RECREATIONAL PURPOSES DEPT.DIRECTOR CITY ATTY. Q CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-162. amending the Carlsbad Municipal Code, Title 20 - Subdivisions, Section 20.44.040, 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: Ordinance No. CS-162 was introduced and first read at the City Council meeting held on October 11, 2011. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #20,707 on file in the Office of the City Clerk. 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 1506 (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." EXHIBITS: 1. Ordinance No. CS-162. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED ^D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES Dn D D EXHIBIT 1 1 ORDINANCE NO. CS-162 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD MUNICIPAL CODE, TITLE 20 - SUBDIVISIONS, CHAPTER 20.44, 4 TO GIVE CREDIT FOR EXISTING RESIDENTIAL SINGLE FAMILY OR DUPLEX UNITS WHEN CALCULATING THE REQUIREMENT 5 TO DEDICATE PARK LAND OR PAY A PARK IN-LIEU FEE, AND ELIMINATING THE PARK LAND DEDICATION FORMULA TABLE 6" 7 The City Council of the City of Carlsbad, California, hereby ordains as follows: 8 SECTION 1: 9 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. 12 if the city council determines that a park or recreational facility is to be located in whole or 13 in part within the proposed subdivision to serve the immediate and future needs of the residents 14 of the subdivision, the subdivider shall, at the time of the filing of the final or parcel map, dedicate 15 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 units17 18 19 The total number of dwelling units shall be the number permitted by the city on the property in the 20 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 22 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." 24., EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and 25 the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in 26 a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption. 27 28 1 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 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 11th day of October, 2011, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of October, 2011 by the following vote to wit: AYES: Council Members Hall, Blackburn, Douglas and Packard. NOES: None. ABSENT: Council Member Kulchin. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney MAtt HALL; Mayor ATTEST: LOE*RAINE\M. WO (SEAL) '*•'/,'*• -A- 'O"'"•'"imi\^