Ord 124ORDINANCE NO. 124
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ESTABLISHING REGULATIONS AND PROCEDURES FOR THE
DEDICATION OF PARKLAND, THE PAYMENT OF IN-LIEU FEES OR
COMBINATIONS THEREOF, FOR SUBDIVISIONS OF LAND
AND RESCINDING ORDINANCE NO. 79
WHEREAS, it is the desire of the City Council to establish an ordinance
in accordance with Section 66477 of the State Subdivision Map Act; and
WHEREAS, the City Council has adopted a Parks and Recreation Element of
the General Plan on December 29, 1981, establishing the goals and objectives and
policies for the development of parkland with Poway.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of
Poway, California, hereby adopts the following sections as ordinance:
SECTION 1: TITLE AND PURPOSE
The provisions of Section I through Section 7 shall be known as the
Parkland Dedication Procedure.
The City of Poway finds that the Parkland Dedication Procedure supports
the implementation of the General Plan and its elements, in particular Parks and
Recreation. The City further finds that parkland dedication, in-lieu payment of
fees or a combination of both are necessary for the development of parkland
within the City.
SECTION 2: APPLICABILITY
Land or fees required under this section shall be conveyed or paid
directly to the City of Poway at the time of final map/parcel map or prior to
the issuance of a building permit. The acceptance of such land or fees shall be
applied as herein provided:
(A)
Use of Land and Fees. The land, fees, or combination thereof are
to be used only for the purpose of developing new or
rehabilitating existing park or recreational facilities which
will reasonably serve or benefit future residents of such
subdivision.
(B)
Establishment and Development Time. Any fees collected under
this ordinance shall be committed within five (5) 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.
Ordinance No. 124
Parkland Dedication
Page 2
(c)
Land Disposition. In the event that opportunities for better
recreation facilities than those provided by the dedication
materialize, the land so dedicated may be sold with the proceeds
therefrom being used for suitable park and recreation facilities
which serve the neighborhood in which that subdivision is
located.
(D)
Payment of Fees Only. Only payment of fees shall be required in
subdivisions of less than fifty (50) lots unless agreed otherwise
by the City Council and the subdivider.
SECTION 3: STANDARDS FOR DEDICATION
The amount of land to be dedicated shall bear a reasonable relationship
to the use of the park and recreation facilities by the future residents of the
subdivision. A ratio of five (5) park acres to one thousand (1,000) population,
in accordance with the adopted Park and Recreation Element of the City's General
Plan shall be used to compute the amount of land to be dedicated.
The minimum amount of acreage to be dedicated shall be computed by
using the following formula:
.005 NP = Total land in acres to be dedicated for
subdivision.
WHERE:
N = Number of dwelling units proposed.
P = Average population per dwelling unit based on single family,
multiple family, and mobile homes as established each calendar
year by resolution of the City Council.
SECTION 4: COMPUTATION OF IN-LIEU FEE (INTERIM)
The amount of in-lieu fees shall be based upon the estimated costs of
improvement of the total of all acreage currently owned by the City of Poway or
other public agency that has been designated as parkland or open space on the
Park and Recreation Element or Land Use and Circulation Plan of the
Comprehensive Plan.
The amount of in-lieu fees shall be computed by using the following
formula:
D +I(P~C)- Al = Total amount in dollars of in-lieu fees per dwellingunit.
Ordinance No. 124
Parkland Dedication
Page 3
WHERE:
C = Current estimated population as established each calendar
year by resolution of the City Council.
P = Ultimate population as established in the Land Use Element
of the General Plan.
Total estimated costs, as established each calendar year by
resolution of the City Council, for development of public
owned parkland designated on the Park and Recreation
Element or Land Use and Circulation Plan Map of the
Comprehensive Plan.
Average population per dwelling unit based on single
family, multiple family and mobile homes as established
each calendar year by resolution of the City Council.
A = Total number of housing units approved, but not yet built.
SECTION 5: COMBINATION OF PARKLAND AND FEES REQUIRED.
When a combination of land dedication and in-lieu fees are
required as a condition of approval, the fair market value of the land as
adopted by the City Council and the in-lieu fees, as computed under
Section 3, shall be of an equal value to provision of Section 3 applied to
the entire subdivision.
SECTION 6: PROCEDURE.
The requirements of this ordinance shall be met at the time of
final map or parcel map approval, or prior to issuance of building
permits, by the provision of parkland in whole or in part, the payment of
park fee, or by a combination of both as required by the City Council.
(A)
City Option. At the time of filing a tentative tract map or
a tentative parcel map for approval, the City shall
determine whether dedication or property for park and
recreational purposes or in-lieu of fees are necessary. If
the City desires dedication, the area shall be designated on
the tentative tract map or tentative parcel map when deemed
complete for submission.
(B)
Ordinance No. 124
Parkland Dedication
Page 4
Determination. The City Council shall determine whether to
require land dedication, payment of a fee in lieu thereof, or
a combination of both, by consideration of the following:
(1) Parks and Recreation Element of the General Plan;
(2) Topography, geology, access and location of land in the
subdivision available for dedication; and
(3) Size and shape of the subdivision and land available for
subdivision.
(C) Prerequisites or Approval of Final Map or Parcel Map. Where
dedication is offered and accepted it shall be accomplished in
accordance with the provisions of the State Subdivision Map
Act. Where fees are required the same shall be deposited with
the City prior to the issuance of building permits.
(D) Park and Recreational Use Land Credit for Private Open Space.
Where substantial private open space for park and recreational
purposes is proposed to be provided in a subdivision and such
space is to be privately owned and maintained by the future
residents of the subdivision, such areas may be credited up to
fifty percent (50%) against the requirement of dedication for
park and recreation purposes, as set forth in Section 3,
provided that the following findings are met:
(1)
That yards, court areas, setbacks and other open areas
required to be maintained by the zoning and building
regulations shall not be included in the computation of
such private open space;
(2)
That the private ownership and maintenance of the open
space is adequately provided for by recorded, written
agreement, conveyance or restrictions;
(3)
That the use of the private open space is restricted for
private park and/or recreational purposes by recorded
covenants which run with the land in favor of the future
owners of the property within the tract which cannot be
defeated or eliminated without the consent of the City or
its successor;
(4)
That the proposed private open space is reasonably
adaptable for use for park and recreational purposes,
taking into consideration such factors as size, shape,
topography, geology, access;
(5)
That facilities proposed for the open space are in
substantial accordance with the provisions of the Park
and Recreation Element of the General Plan;
Ordinance No. 124
Parkland Dedication
Page 5
(6)
That the open space for which credit is given is a
minimum of two (2) acres and provides a minimum of four
(4) of the local park basic elements listed below, or a
combination of such and other recreational improvements
that will meet the specific recreation park needs of the
future residents of the area:
CRITERIA LIST ACRES
Children's Play Apparatus Area
Landscape Park-Like and Quiet Areas
Family Picnic Area
Game Court Area
Turf Playfield
Swimming Pool (42' x 75' with adjacent
deck and lawn areas)
Recreation Center Building
.50 - .75
.50 - 1.00
.25 - .75
.25 - .50
1.00 - 3.00
.25 - .50
.15 - .25
Before credit is given the City Council shall make written findings
that the above standards are met.
(E)
In-Lieu Fee Credit for Developer Installed Parkland
Improvements. Where specific parkland improvements are
required to meet needs identified in the Park and Recreation
Element of the General Plan, and when such improvements are
recommended by the Director of Community and Planning Services
and approved by the City Council, those improvements may be
credited up to one hundred percent (100%) against the
requirement for payment of in-lieu fees as set forth in
Section 4, provided that the following conditions are met:
(1)
Any such improvements shall bear a reasonable
relationship to the utility of the specific park site
where those improvements will be installed as
determined by the Directors of Community and Planning
Services.
(2)
Any such improvements for which credit is given shall
be designed and installed by the developer of
residential property based on City specifications to
the satisfaction of the Directors of Community and
Public Services.
(3)
Such improvements shall serve future residents of the
proposed subdivision and the public. Installation of
those improvements shall be completed prior to
occupancy of any residential units within the
subdivision.
Ordinance No. 124
Parkland Dedication
Page 6
SECTION 7: EXEMPTIONS.
The provisions of this ordinance do not apply to commercial or
industrial subdivisions; nor do they apply to condominium projects which
consist of the subdivision of airspace in an existing apartment building
which is more than five (5) years old when no new dwelling units are added.
SECTION 8: SEVERABILITY.
If any subsection, subdivision paragraph, sentence, clause or phrase in
this ordinance, or any part thereof, is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining
sections or portions of this ordinance or any part thereof. The City Council
hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase of this oridinance irrespective of the
fact that any one or more sections, subsection, subdivisions, paragraphs,
sentences, clauses or phrases may be delcared invalid or unconstitutional.
SECTION 9
Ordinance No. 79 is hereby rescinded.
SECTION 10
This ordinance shall take effect and be in force thirty (30) days after
the date of its passage; and the City Clerk of the City of Poway is hereby
authorized to use summary publication procedure pursuant to Government Code
Section 36933 utilizing the Poway News Chieftain, a newspaper of general
circulation published in the City of Poway.
Introduced and first read at a regular meeting of the the City
Council of the City of Poway, held on the 27th day of March, 1984
and thereafter PASSED AND ADOPTED at a regular meeting of said City Council
held on the 10th day of April, by the following roll count
vote:
AYES: COUNCILMEMBERS: EMERY, KRUSE, SHEPARDSON, TARZY, ORAVEC
NOES: COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
Linda Oravec, Mayor
ATTEST:
Marjori~ k. Wahlsten, City Clerk