HomeMy WebLinkAbout2006-06-19 Ordinance 49071 ") ;0,
follows:
ORDINANCE NO. 4907
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO ADDING CHAPTER 21.50 [PARK LAND DEDICATION
OR FEES IN LIEU THEREOF] TO TITLE 21
[SUBDIVISIONS AND OTHER DIVISIONS OF LAND] AND
AMENDING SECTION 16.58.030 [EXEMPTIONS] OF
CHAPTER 16.58 [DEVELOPMENT IMPACT FEES FOR
PARKS, COMMUNITY CENTERS AND LIBRARIES]
The council of the City of Palo Alto does ORDAIN as
SECTION 1. Findings.
The City council hereby finds that development of
residential subdivisions has a significant effect on the use and
availabili ty of park and recreation space and facili ties, and
that the limited open space and recreation amenities provided by
these residential developments are insufficient to meet the
needs of the residents for open space and recreational
facili ties, and that such developments should contribute their
fair share toward the purchase, development, and/or improvement
of park and recreational facilities.
finds that for-sale affordable
the communi ty , and tha t such
from the requirements of this
The Council further
housing is a benefit to
subdivisions should be exempt
ordinance to reduce the cost
affordable housing.
and increase the supply. of
SECTION 2. Chapter 21. 50 is added to Title 21 of the
Palo Alto Municipal Code, to read as follows:
Sections:
21.50.10
21.50.20
21.50.30
21.50.40
21.50.50
21.50.60
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"CHAPTER 21.50
PARK LAND DEDICATION OR FEES IN LIEU THEREOF.
Findings and purpose
Definitions
Requirements for residential subdivisions
Land requirement
Density Formula
Procedure
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21.50.70
421.50.80
21.50.90
21.50.100
21.50.110
Calculation of fair market value
Calculation of requirement
Commencement of development
Credit for private open space
Exclusions
21.50.010 Findings and purpose.
The City council hereby finds that development of
residential~subdivisions has a significant effect on the use and
availabili ty of park and recreation space and facilities, and
that the limited open space and recreation amenities provided by
these residential developments are insufficient to meet the
needs of the residents for open space and recreational
facilities. The intent of this chapter is to require that such
developments contribute their fair share toward the purchase,
development, and/or improvement of park and recreational
facilities. The provisions of this chapter are enacted pursuant
to the Palo Al to Ci ty Charter and the Palo Al to Comprehensive
Plan as well as Section 66477 and 66479 of the Government Code
of the State of California, as may be applicable.
21.50.020 Definitions.
As used in this chapter:
"District Park" shall include, but is not limited to, a
park that serves large areas of the City and contains a broad
variety of facilities.
"Neighborhood Park" shall include, but is not limited
to, a park of roughly two to 10 acres in size, intended to meet
the recreation needs of people living or working within a one-
half mile radius.
"Subdivision" shall mean the same as defined in Sec.
66424 of the California Government Code.
"Subdivider" shall mean a person, firm, corporation,
partnership or association who proposes to divide, di vides or
causes to be divided real property into a subdivision.
"Subdivision map" shall mean any map filed pursuant to
any proceedings for subdivision as defined in Title 21 of Palo
Alto Municipal Code.
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· .
21.50.030 Requirements for residential subdivisions.
As a condition of approval of any final subdivision map,
the subdivider shall dedicate land, pay a fee in lieu thereof,
or both, at the option of the city, for park or recreational
purposes according to the following standards:
(a) Dedication of sites. The subdivider shall be
required to dedicate land for park and recreational facilities
sufficient in size to serve the residents of the subdivision
area. The park land to be so dedicated shall conform to
locations and standards set forth in the Comprehensive Plan or a
Coordinated Area Plan, if applicable. The slope, topography and
geology of the site, as well as its surroundings, must be
sui table for the intended park or recreation purpose. The
amount of land to be provided shall be determined pursuant to
the standards set forth in 21.50.040 through 21.50.050 of this
chapter establishing the formula for land dedication or for
payment of fees in lieu thereof.
(b) Fees in lieu of land dedication. A fee in lieu
of land dedication hereunder shall be required when:
(1) when dedication is impossible, impractical, or
undesirable as determined by Director of Planning and Community
Environment or City Council as appropriate; or
(2) when the proposed subdivision contains
parcels of land or less.
fty (50)
(c) Dedication and fees required. In certain
subdivisions in excess of fifty (50) parcels of land, a
combination of land dedication and fee payment may be required.
These shall be subdivisions in which a major part of the park or
recreation site falling within the subdivision has already been
acquired, and only a small portion of land is needed from the
subdivider to complete the park or recreation site, in which
case the land needed shall be required for dedication, and a fee
shall then be required in lieu of the additional land that would
have been required to be dedicated under this chapter.
(d) Use of and basis for in-lieu fees. The fees
collected pursuant to this chapter are to be used only for the
purpose of providing park or recreational facilities to serve
the subdivision from which fees are collected in accordance with
the service area requirements as shown in Table 1. Fees so
collected shall be used to purchase land, buy equipment,
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construct improvements or rehabilitate a proposed or existing
neighborhood park, district park, publicly owned conservation
land, recreational open space, recreational facility, community
gardening facility or combination thereof serving said
subdivision. The fee so required shall be based on the fair
market value of the land that otherwise would have been required
for dedication.
Table 1
PARK SERVZCE AREA AND SZZE
PARK TYPE SERVZCE AREA DESZRABLE SZZE
Mini Park 0 to 1/2 Mile 1/2 to 2 Acres
Neighborhood Park 1/2 Mile 2 to 10 Acres
District Park Entire City 15 to 50 Acres
Publicly Owned ~ . City N/A
Land/Recreation ~
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 and district park and
recreational facilities to its residents at a ratio of three (3)
acres per thousand residents. The public interest, convenience,
health, welfare and safety require that three (3) acres of
property for each one thousand (1, 000) persons residing wi thin
the City of Palo Alto be devoted to public park and recreational
facilities.
21.50.050 Density for.mula.
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
DENSZTY FORMULA
Density of Acreage Requirement
Dwelling Density Persons Per Per Dwelling Unit
Dwelling Unit within Subdivision
Single Family 2.44 .0073
Multi Family 1.68 .0050
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21.50.060 Procedure.
The Director of Public Works, Director of Planning and
Community Environment or City Council as appropriate, shall,
upon approving a subdivision map, determine the conditions
necessary to comply with the requirements for parkland
dedication or fees in lieu thereof as set forth in this chapter,
and said conditions shall be attached as conditions of approval.
21.50.070 Calculation of fair market value.
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
apprai ser , agreed to by the ci ty 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 may
agree as to the fair market value.
21.50.080 Calculation of requirement.
For the purpose of the formula established by this
section, the following definition shall apply:
A equals the park land dedication acreage required per
dwelling unit wi thin the proposed residential development for
park and recreational facilities as set forth herein and in
section 21.50.050 of this chapter.
B equals the number of new dwelling units in the
proposed residential development.
C equals the fair market value per acre of land in the
proposed residential development.
F equals the in-lieu fee required.
L equals the land required for dedication.
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" t
The following formula shall be used in calculating the
land required for the dedication under this chapter:
A x B = L
The following formula shall be used in calculating the
in-lieu fees required to be paid under this chapter:
AxBxC=F
21.50.090 Commenoement of development.
Any fees collected for these purposes shall be committed
within five years after payment of such fees or issuance of
building permits on one-half of the uni ts of the residential
development, whichever occurs later.
21.50.100 Exolusions.
This
subdivisions:
Chapter shall not apply to the following
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(a) Commercial or industrial subdivisions.
(b) Nonresidential condominium units.
(c) Projects or stock cooperatives which consist of
the subdivision of air space in an existing
apartment building which is more then five years
old when no new dwelling units are added.
(d) Parcel maps for a subdivision
than five parcels and not used
purposes
containing less
for residential
(e) A project with a maximum of two dwelling units
that exist on a property if, at the time the
subdivision is approved, the existing units are
to remain on the property
(f) 100% affordable housing projects
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I, I,
SECTION 3. Subsection (g) of Section 16.58.030 of
Chapter 16.58 of the Palo Alto Municipal Code is amended to read
as follows:
16.58.030 Ex~tions.
(g) Any residential subdivision for which land
dedication or fees in lieu thereof are required pursuant to
Chapter 21.50 of the Palo Alto Municipal Code.
SECTION 4. If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason held to be
unconstitutional such decision shall not affect the validity of
the other remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance and
each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more sections,
subsections, sentences, clauses or phrases be declared
unconstitutional.
SECTION 5. The City Council finds that the changes
effected by this ordinance are exempt from the provisions of the
California Environmental Quality Act (CEQA), per section 15061
of CEQA Guidelines, because it can be seen with certainty that
there is no possibility that the project will have a significant
effect on the environment.
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SECTION 6. The ordinance shall be
commencement of the thirty-first day after
adoption.
INTRODUCED AND PASSED: June 19, 2006
effective on
the date of
the
its
AYES: BARTON, BEECHAM, CORDELL, DREKMEIER, KISHIMOTO, KLEIN,
KLEINBERB, MORTON, MOSSAR
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
AT~ ~
City Clerk g,.
APPROVED AS TO FORM:
Senior Deputy City Attorney
060719 syn 0120120
APPROVED:
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Planning &
Environment