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
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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
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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
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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.
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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
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DDO /bc
4/19/77