Loading...
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 • 0 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 -1- • • • 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 -2- • • • 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 -3- • • L 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. -4- [l • 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