HomeMy WebLinkAbout2008-06-02 Ordinance 5005ORDINANCE NO. 5005
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 21.50 (PARK LAND DEDICATION OR
FEES IN LIEU THEREOF) OF TITLE 21 (SUBDIVISIONS AND
OTHER DIVISIONS OF LAND) OF THE PALO AL TO MUNICIPAL
CODE TO SET THE PARK LAND DEDICATION REQUIREMENT
TO FIVE ACRES PER THOUSAND RESIDENTS
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 21.50.040 (Land Requirement) of Chapter 21.50 (Park Land
Dedication) is hereby amended to read as follows:
"21.50.040 Land requirement.
In accordance with the Palo Alto Comprehensive Plan, it is hereby found and
determined that the City of Palo Alto currently provides neighborhood, district park, recreational
facilities, and open space to its residents at a ratio of five acres per thousand residents. The
public interest, convenience, health, welfare and safety require that five acres of property for
each one thousand persons residing within the City of Palo Alto be devoted to public park and
recreational facilities."
SECTION 2. Section 21.50.050 (Density Formula) of Chapter 21.50 (Park Land
Dedication) is hereby amended to read as follows:
21.50.050 Density formula.
In calculating dedication and in-lieu fee requirements under this chapter, the
following table, derived from the density assumptions of the Comprehensive Plan, shall apply:
Table 2
DENSITY FORMULA
Dwelling DenSity DenSity of Persons Per Acreage Requirement Per
Dwelling Unit Dwelling Unit within
Subdivision
Single Family 2.44 .0122
Multi Family 1.68 .0084
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SECTION 3. Section 21.50.070 (Calculation of Fair Market Value) of Chapter 21.50
(Park Land Dedication or Fees in Lieu Thereof) of Title 21 (Subdivisions and Other Divisions of
Land) of the Palo Alto Municipal Code is hereby amended to read as follows:
"21.50.070 Calculation of fair market value.
(a) At the time of submission a final subdivision map for approval, the
city shall, in those cases where a fee in lieu of dedication is required either in whole or in
part, determine the fair market value of the land in the proposed residential development,
and this determination shall be used in calculating the fee to be paid. If the developer
objects to the fair market value, the city, at developer's expense, shall obtain an appraisal
of the property by a qualified independent real estate appraiser, agreed to by the city and
the developer, and the value established by said appraiser using standard recognized
appraisal techniques to establish fair market value will be accepted as the fair market
value of the land in the proposed development. Alternatively, the city and the developer
---lfYlnay-agree-as-to-the-fair-market-value;--
(b) The fair market value per acre of land for the purposes of the
calculation in Section 21.50.080 is $3.9 million per acre.
(c) Beginning July 1, 2009, and on each July 1 thereafter, the dollar
amount set forth in this section shall increase without further action by the City according
to the following formula:
Most Recent ENR
Council-Approved Rate*
ENR at Council Approval
*Where the "Council-approved Rate" is the rate set forth in subsection (b)."
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SECTION 4. This ordinance shall be effective on the thirty-first day after the date
of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
May 19,2008
June 02, 2008
BURT, DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN,
MORTON, SCHMID, YEH
BARTON
APPROVED AS TO FORM: AP~
City ager
ClA4M\ti~
Dire(;tor of Pl~ing and
Assistant City Attorney
Community Environment
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