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HomeMy WebLinkAbout1726 - Park & Recreational FacilitiesNO. 1726 • AN ORDINANCE REQUIRING DEDICATION OF LAND, OR PAYMENT OF FEE, OR BOTH FOR PARK AND RECREATIONAL FACILITIES IN SUBDIVISIONS The people of the City of Newport Beach DO ORDAIN as follows: Section 1. Purpose. The park and recreational facilities for which dedication of land and /or payment of a fee is required by this ordinance are in accordance with the Recreational Element of the General Plan of the City of Newport Beach, and shall supersede any previously adopted plan to the extent of any inconsistency. Section 2. Requirements. As a condition of approval of a final subdivision map, the subdivider shall dedicate land or pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in this ordinance. Section 3. General Standard. It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that five (5) acres of property for each 1000 persons residing within this city be devoted to local park and recreational purposes. Section 4. Standards and Formula For Dedication of Land. Where a park or recreational facility has been designated in the recreational element of the General Plan, and is to be • located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the -1- subdivision, the subdivider shall dedicate land for a local park. The amount of land to be provided shall be determined pursuant to the following standards and formula: • Formula based on population estimate: The formula for determining acreage per dwelling unit to be dedicated shall be as follows: Average number of persons /dwelling unit x 5 divided by 1000. The following table of population density is to be followed: PARK LAND DEDICATION FORMULA TABLE: Average no. of Acreage per Dwelling units persons per dwelling unit per gross acre dwelling unit 5 acre /1000 std. up to 6.5 3.75 0.0188 6.6 to 15.5 3.20 0.0160 15.6 to 25.5 2.10 0.0105 • 25.6 and up 1.90 0.0095 Section 5. Formula For Fees In Lieu Of Land Dedication. (a) General Formula. If there is no park or recrea- tional facility designated in the recreational element of the General Plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of residents of the subdivision, or if the proposed subdivision contains fifty (50) parcels or less, the subdivider shall, in lieu of dedication of land, pay a fee equal to the value of the land r prescribed for dedication in Section 4 hereof and in an amount determined in accordance with the provisions of Section 7 hereof, such fee to be used fora local park which will serve the residents of the area being subdivided. (b) Use of Money. The money collected hereunder shall • be used only for the purpose of providing park and recreational -2- facilities reasonably related to serving the subdivision by way of the purchase of necessary land, or, if the City Council • deems that there is sufficient land available for improving of such land for park and recreational purposes. Section 6. Criteria For Requiring Both Dedication And Fee. In subdivisions of over fifty (50) parcels, the sub - divider shall both dedicate land and pay a fee in lieu thereof --' in accordance with the following formula: (a) When only a portion of the land to be subdivided is proposed in the recreational element of the General Plan as a site for a local park, such proportion shall be dedicated for local park purposes and a fee computed pursuant to the provi- sions of Section 4 hereof shall be paid for the additional land that would have been required to be dedicated pursuant to Section 4 hereof. (b) When a major part of the local park or recreational 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 Section 7 hereof shall be paid in an amount equal to the value of the land which otherwise would have been required to be dedicated pursuant to Section 7 hereof, such fee to be used for the improvement of the existing park and recreational facility or for the improvement of other local } parks and recreational facilities in the area served by the subdivision. Section 7. Amount of Fee In Lieu Of Land Dedication. Where a fee is required to be paid in lieu of land dedication, • such fee shall be equal to an amount for each acre which would -3- otherwise have been required to be dedicated pursuant to Section 4 hereof, which amount is the median fair market value per acre of the land in all neighborhood public parks within • the city if such land were not used for park or recreational purposes. This median market value shall be adjusted periodically to keep current with property appreciation. Section 8. Determination Of Land Or Fee. Whether the Planning Commission accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: (a) Usability and Feasibility. Generally, land shall be flat. (b) Access. Direct frontage on at least one side and not more than three (3) feet above or below street level. (c) Shape of Land. Suitable for park development. (d) Size. Not less than two (2) acres, unless a portion of a park designated in the General Plan. (e) Improvements. Shall meet standards of the city and be of a permanent nature. (f) In accordance with the recreation element of the General Plan. Section 9. shall be given for pr Section 10. tentative subdivision pursuant to Section 8 Credit For Private Open Space. No credit ivate open space in a development. r Procedure. At the time of approval of the !, map, the City Council shall determine hereof, the land to be dedicated, and /or fees to be paid by the subdivider. • At the time of the filing of the final subdivision map, the subdivider shall dedicate the land or pay fees as previously determined by the City Council. -4- i ':a t f I e Section 11. Commencement of Development. At the time of approval of the tentative subdivision map, the City Council shall specify when the development of the park or recrea- tional facilities shall be commenced, giving highest priority to neighborhood parks. Section 12. Industrial Developments. The provisions of this ordinance shall not apply to industrial subdivisions. Section 13. Severability. If any section, subsection, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. Section 14. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of April , 1977, and was adopted on the 25th day of April , 1977, by the following vote, to wit: ATTEST: • L"� City Clerk 690FIOP M THE ORIGINAL AND @9RTIPI9A AS TO PUBLICATION PATaAPR z1 1977 AYES, COUNCILMEN: McInnis, Rogers, ff. Williams NOES, COUNCILMEN: Barlett, Kuehn ABSENT "07 CILMEN:Dostal Mal or -5- DDO /bc 4/19/77