HomeMy WebLinkAboutOrdinance - 2330 - Amend Title 17.0
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ORDINANCE NO.2330
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING
AMENDING PORTIONS OF REDDING MUNICIPAL CODE CHAPTER 17.42 (PARK
AND RECREATIONAL LAND DEDICATIONS AND IN-LIEU FEES).
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Redding Municipal Code Section 17.42.040 (Amount of parkland to be
dedicated) is amended to read as follows:
17.42.040 Amount of parldand to be dedicated.
It is found and determined that the public interest, convenience, health, welfare, and
safety require that five acres of property for each one thousand persons residing within this city
be devoted to neighborhood and community-park recreational purposes.
Where the planning commission requires the dedication ofland as a condition of a final
map, the amount of such land will be based on the following:
Housing Type
Park Area per Unit
Single- family,
including mobilehome
Multi-family
531 square feet
531 square feet
The above reflects the anlount of land required to be dedicated to achieve five acres of
parkland per one thousand population based on a density factOr! of 2.44 persons per dwelling
pursuant to Section 66477(b) of the Government Code, and based on population-per-dwelling-
unit estimates supplied by the U.S. Census.
For the purposes of this section, the number of new dwelling units in areas designated for
one dwelling unit per parcel shall be based on the number of parcels indicated on the final map.
When all or part of the subdivision is located in an area classified for more than one dwelling
unit per parcel, the number of new dwelling units shall be based on the density permitted by the
particular zoning or General Plan classification of the subject property.
Should a rezoning or General Plan amendment application accompany the tentative map,
density shall be calculated according to the density of the designation requested. However, ifit
appears that the actual number of dwelling units, which will be built, is reasonably certain for the
foreseeable future and is less than the highest density permitted in the applicable zone, then the
calculations shall be based upon such actual density. In the event that the calculation is basled
upon actual density, a note shall be placed upon the final map or parcel map that prior to the
issuance of a building permit for all or any part of the subject property at a higher density than
was used for the calculations made pursuant to this chapter, the building permit applicant shall
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pay the difference between the fee paid pursuant to this chapter and the fee which would have
been required had the calculations been based upon the density proposed in the building permit
application.
In the case of a condominium project or planned development, the number of new
dwelling units shall be the number of condominium units or planned-development units. The
term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on
which the parcel or final map is filed.
Section 2. Redding Municipal Code Section 17.42.060 (Formula for fees in lieu
of land dedication) is amended to read as follows:
17.42.060 Formula for fees in lieu of land dedication.
A. General Requirements. Where the planning commission has required the payment of fees
in lieu of land dedication or the proposed subdivision of land contains fifty parcels or
less, the subdivider shall in lieu of dedicating land, pay a fee equal to the value of that
land which would otherwise be required to be dedicated:-, plus twenty (20 percent for off-
site improvements such as utility line extensions, street lights, curb, gutter, and pavement.
However, nothing in this section shall prohibit the dedication and acceptance ofland for
park and recreation purposes in subdivisions of fifty parcels or less where the subdivider
proposes such dedication voluntarily and the land is acceptable to the city. In subdivisions
of more than fifty parcels, the subdivider shall:
1. Dedicate land in accordance with this chapter and the park needs determim:d in
the General Plan;
2. Dedicate land and pay in-lieu fees under the following circumstances:
a. When only a portion of the land proposed for a park site is acceptable to
the city as the site for a local park, such portion shall be dedicated fi)r local
park purposes; and a fee computed pursuant to the provisions of this
section shall be paid for the value of any additional land that would have
been required to be dedicated pursuant to this chapter,
b. When a major part of the local park or recreation site has already been
acquired by the city and only a small portion of land is needed from the
subdivision to complete the site, such remaining portion shall be
dedicated; and a fee computed pursuant to the provisions of this section
shall be paid in an amount equal to the value of the land which would
otherwise have been required to be dedicated pursuant to this chapter.
If the amount of land required to be dedicated is less than the area of the
park or recreation facility deemed necessary by the city, the subdivider
shall set aside the remainder of said park area at the option of the city
council pursuant to reservation provisions of the Subdivision Map Act as
may be amended.
B. Calculation ofIn-Lieu Fees. The amount of in-lieu fees shall be based upon the fair
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market value of the amount of land which would otherwise be required for dedication.
The fair market value shall be determined annually by resolution adopted by the eity
council. The amount to be paid shall be a sum calculated pursuant to the following
formula:
AxV=M
Where A = The amount of land required for dedication as determined in
Section 17.42.040.
Where V = The fair market value (per acre) of the property to be subdivided as
established by resolution of the city council.
M = The number of dollars to be paid in lieu of dedication ofland:-, to
which shall be added twenty (20) percent for off-site
improvements.
C. Use of Money. The money collected hereunder shall be used only for the purpose of
acquiring necessary land and developing new or rehabilitating existing park or
recreational facilities. In collecting funds pursuant to this chapter, the city shall assign
said funds to the general geographic area of the subdivision by placing said funds in trusts
based on the four geographic areas listed below and depicted on Exhibit A, attached
hereto, a copy of which is on file in the office of the city clerk:
1. Northwest;
2. Northeast;
3. Southwest;
4. Southeast.
Section 3.
as follows:
Redding Municipal Code Section 17.42.070 (Credits) is amended to read
17.42.070
Credits.
The city may grant credit for privately owned and maintained common open-space or
recreational facilities, or both, in planned developments or real-estate developments as defined in
Sections 11003 and 11003.1 of the Business and Professions Code. The partial credit, not to
exceed seventy-five percent, shall be given against the requirement ofland dedication or payment
of fees in lieu thereof if the city finds that it is in the public's interest to do so by meeting
subsection (A)(I) through (4) of this section, and providing that the requirements in subsection
(B) are met.
A. 1. The facilities proposed are in substantial accordance with the provisions of the
Recreation Element of the General Plan, and the facilities will provide for park
needs of the residents of the project in such a manner as to reduce the impact on
existing facilities or reduce the need to provide new facilities by the city,
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2. Yards, court areas, setbacks, and other private open-space areas required by the
zoning and building regulations shall not be included in the credit computation,
3. Provision is made by written agreement, recorded covenants running with the
land, or other contractual instrument that the areas shall be adequately maintained,
and
4.
The use of private open-space or recreation facilities is limited to park and local
recreation purposes, and shall not be changed to another use without the express
written consent of the city.
Private parkland against which credit will be given shall be at least 3 acres in size.
The private recreation area will provide at least five ofthe basic park elements
listed below, or a combination of such and other recreation improvements,. that
will meet the specific recreation needs of future residents of the area:
B.
1.
2.
Park Elements
Minimum Size in Acres
Children's Area with Play Equipment
Landscaped Park
Family Picnic Area
Game Court Area
Turf Playfield
Recreation Center Building
Swimming Pool
(42' by 75' with adjacent deck and lawn areas)
.50
.50
.25
.25
1.00
.15
.25
Section 4.
read as follows:
Redding Municipal Code Section 17.42.100 {Procedure} is amended to
17.42.100
Procedure.
At the time of approval of the tentative map, the planning commission shall determine
whether land, in-lieu fees, or a combination ofland and fees shall be dedicated and/or paid by the
subdivider. lfthe planning commission requires in-lieu fee payment by the subdivider, the
commission will set the amount ofland upon which the in-lieu fee will be based.
At the time of filing of the parcel map or final map, the subdivider shall dedicate th4~ land
and/or pay the fees as determined by the city. At the discretion of the body approving the parcel
map or tentative subdivision map, fees may be paid prior to the issuance of any building permit
(rather than at the time of recording a parcel or final map) for any individual lot created by a
parcel or final map and zoned for multiple family uses if said property, after the land division,
could be developed with more than fifteen dwelling units as provided under the base zoning
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district of the property.
For any subdivision in which dedication is required, the documents dedicating such land
shall be approved by the city and recorded contemporaneously with the final map. When land is
to be dedicated, it shall be dedicated in fee, and free and clear of all liens, charges, and
encumbrances that are unacceptable to the city.
Section 5. Redding Municipal Code Section 17.42.120 (Sale of dedicated land) is
amended to read as follows:
17.42.120
Sale of dedicated land.
If the city council has determined that the public park purpose for which the dedication
was required does not exist, or that another nearby site would be more suitable, it shall reconvey
the property to the subdivider or the successor in interest in exchange for payment ofthe in-lieu
park fees that would otherwise have been collected.
If the city council decides to vacate, lease, sell, or otherwise dispose of the dedicated
property, it shall give at least 60 days notice to the original subdivider or the successor in interest
before vacating, leasing, selling, or otherwise disposing of the dedicated property. This notice is
not required if the dedicated property will be used for the same public purpose for which it was
dedicated. Should the subdivider or successor in interest not respond to said notice within 60
days, the city may vacate, lease, sell or otherwise dispose of the property, provided all funds are
retained for park improvements within the same geographic area in which the park is located, as
listed in Section 17.42.060(C). In the event the subdivider is no longer alive or there is not a
successor of interest, the city may sell the lands subject to the same restriction on use of th,e funds
as set forth in the preceding sentence.
This section shall only apply to property required to be dedicated on or after January 1,
1990, pursuant to Section 66477.5(e) ofthe Government Code.
Section 6. The passage of this ordinance is not a "project" according to the
definition in the California Environmental Quality Act (CaL Pub. Res. Code ** 21000 et.
Seq.), and is not subject to the provisions requiring environmental review.
Section 7. This ordinance shall take effect 30 days after the date of its adoption,
and the City Clerk shall certify to the adoption thereof and cause its publication according to
law.
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I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting
of the City Council on the 18th day of May, 2004; and was read and adopted at a regular meeting
of the City Council on the 1st day of June, 2004, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
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Mathena, Stegall and Pohlmeyer
None
Cibula and Kight
No
, Mayor
Form Approved:
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Brad L. Fuller, City Attorney