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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