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HomeMy WebLinkAboutOrdinance - 2399 - Amend Chapter 17 " 1 . . ORDINANCE NO. 2399 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 16 (BUILDINGS AND CONSTRUCTION) CHAPTER 16.20 (DEVELOPMENT IMPACT FEES) SECTION 16.20.100 (PARK AND RECREATION FACILITIES IMPACT FEE) BY ADDING SUBSECTION 16.20.100E AND AMENDING TITLE 17 (SUBDIVISIONS) CHAPTER 17.42 (PARK AND RECREATIONAL LAND DEDICATIONS AND FEES) SECTIONS 17.42.010, 17.42.070, 17.42.090, 17.42.100 ALL RELATED TO DEVELOPER FEE CREDIT FOR CONSTRUCTION OF PARK FACILITIES 16.20.100 Park and recreation facilities impact fees. [No change to Sections A through D] E. Credit. The city may grant credit to a Developer who provides park and recreational improvements to dedicated land or existing city parks. Fee credits are to be requested at the time of application for Development. This is the only time in the Development approval process when fee credits can be requested by the developer. The city staff may initiate fee credit agreements prior to Planning Commission approval. The requests for fee credit shall be reviewed first by the Community Services Advisory Commission, which will make theirrecommendation to the Planning Commission. Should the Community Services Advisory Commission recommend a fee credit for park improvements, the scope and terms of the credit will be incorporated into a fee credit agreement included with the tentative map conditions forwarded to the Planning Commission. At the time of approval of Development, the planning commission shall consider whether a fee credit agreement, park development fees, or a combination of improvements and fees shall be required of the Developer. 17.42.010 Purpose. This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state to provide by ordinance for the dedication of land, the payment of fees in lieu thereof, or a combination of both, for park and recreational purposes as a condition to approval of a final map or parcel map. The park and recreational land requirements imposed shall be compatible with the Open Space and Conservation Element and the Recreation Element of the city's General Plan and Parks, Trails and Open Space Plan and shall be in accordance with the principles and standards set forth in both Plans. The amount and location ofland to be dedicated or the fees to be paid do, in the opinion of the city council, bear a reasonable relationship to the park and recreational needs of the future inhabitants of the subdivision. When fees are charged in lieu ofland dedication, the city council obliges itself to spend such fees upon the development of park or recreational facilities for the use of the inhabitants of such subdivision within five years after the payment of such fees or within five years \) ~ 2::. ,. J:: ~ I. . . after the issuance of building permits on one-half of the lots of the subdivision, whichever occurs later. 17.42.070 Credits for Private Facilities. In accordance with procedures set forth in Section 17.42.100, 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 ofthe Business and Professions Code. Fee credits are to be requested by the applicant at the time of application for tentative map. This is the only time during the map process when fee credits can be requested by the developer. The city staff may initiate fee credit agreements prior to Planning Commission approval. The request shall be reviewed first by the Community Services Advisory Commission, who will make their recommendation to the planning commission. The partial credit, not to exceed seventy-five percent, shall be given against the requirement ofland dedication or payment offees in lieu thereofifthe 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 of this section are met. A. [No change to section A or B] 17.42.090 Subdivider-provided park and recreation improvements. In accordance with procedures set forth in 17.42.100, the value of park and recreation improvements provided by the subdivider to the dedicated land may be credited against the fees or dedication of land required by this chapter. 17.42.100 Procedure. At the time of approval of the tentative map, and/or planned development permit the planning commission shall determine whether land, in-lieu fees, or a combination of land and fees shall be dedicated and/or paid by the subdivider. The planning commission may also consider and act to approve any credits requested by the subdivider or developer as applied for pursuant to Sections 17.42.070 or 17.42.090. Prior to the consideration by the planning commission, the request for meeting park requirements shall be reviewed and recommended by the Community Services Advisory Commission. If the 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 the 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 district of the property. 2 . . 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. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 16th day of October, 2007; and was duly read and adopted at a regular meeting on the 6th day of November, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, Jones, Murray, and Dickerson None Stegall None ~~ap'~_ DICK DICKERSON, Mayor ,"" i/'.,> ATTEST: (,." '_ , . .- . '~..' ")')~)'/1~'",~ .~\J:',-\.; . ,.:", . I' h 1tL L;-. APPROVED AS TO FORM: ~/%7 RICHARD A. DUVERNAY, C' ., ., , ^' . <' ~~.-.. \'-..< ,"',"> ..,~ ~" .. , ... '''>.,.,.",..,..., ...';"'"--~ . , ~ . . ,. 3