HomeMy WebLinkAbout1733 - Park DedicationORDINANCE NO. 1733
• AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING CHAPTER 19.50 ENTITLED "PARK DEDICATION"
TO TITLE 19 OF THE NEWPORT BEACH MUNICIPAL
CODE
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The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Chapter 19.50 is added to the Newport
Beach Municipal Code to read:
"CHAPTER 19.50
PARK DEDICATION
Sections:
19.50.010 Purpose.
19.50.020 Requirements.
19.50.030 General Standard.
19.50.040 Standards and Formula For Dedication of Land.
19.50.050 Formula For Fees In Lieu Of Land Dedication.
19.50.060 Criteria For Requiring Both Dedication and Fee.
19.50.070 Amount of Fee In Lieu Of Land Dedication.
19.50.080 Determination Of Land Or Fee.
19.50.090 Credit For Private Open Space.
19.50.100 Procedure.
19.50.110 Commencement of Development.
19.50.120 Industrial Development.
19.50.130 Severability.
19.50.010 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.
19.50.020 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
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city, for park or recreational purposes at the time and
according to the standards and formula contained in this
ordinance.
19.50.030 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.
19.50.040 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
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
19.50.050 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
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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 prescribed for dedication in §19. 50. 040 hereof and in an
amount determined in accordance with the provisions of §19:50.070
hereof, such fee to be used for a 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
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.
19.50.060 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 §19.50.040 hereof shall be paid for the additional land
that would have een required to be dedicated pursuant to
19.50.00 ,�
Section /ik 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 §19.50.070 hereof shall be paid
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in an amount equal to the value of the land which otherwise
would have been required to be dedicated pursuant to §19.50.070
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.
19.50.070 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
otherwise have been required to be dedicated pursuant to
919.50.040 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.
19.50.080 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.
19.50.090 Credit For Private Open Space. No credit
shall be given for private open space in a development.
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19.50.100 Procedure. At the time of approval of
the tentative subdivision map, the City Council shall determine
pursuant to §19.50.080 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.
19.50.110 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 recreational
facilities shall be commenced, giving highest priority to
neighborhood parks.
19.50.120 Industrial Developments. The provisions
of this ordinance shall not apply to industrial subdivisions.
19.50.130 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 2. 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 9th
day of May 1977, and was adopted on the 23rd
day of May , 1977, by the following vote, to wit:
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
DATE MA 9.6 9977
W CLE &K OF THE CITY OF �iiy /p p�Gyy
ATTEST:
City Clerk
AYES, COUNCILMEN: Dostal, Barrett, Kuehn,
McInnis, Rogers, Ryckoff, Williams
NOES, COUNCILMEN: None
7 CO CILMEN: None
or
DDO /bc
4/14/77