HomeMy WebLinkAboutOrdinance 2301 N.C.S. 06/02/2008 EFFECTIVE DATE ORDINANCE N0.2301 N.C.S.
OF ORDINANCE
July 2, 2008
1 Introduced by Seconded by
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3 Mike O'Brien Karen Nau
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8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA RE-TITLING CHAPTER 20.34
9 OF THE PETALUMA MUNICIPAL CODE CONCERNING PARK AND RECREATION LAND
10 DEDICATION AND IMPROVEMENT, REPEALING SECTIONS 20.34.010, 20.34.30, 20.34.040,
11 20.34.050, 20.34.060, 20.34.070, 20.34.080, 20.34.090 AND 20.34.100, AND ADDING N E W
12 SECTIONS 20.34.030, 20.34.070, 20.34.090, AND 20.34.100 TO CHAPTER 20.34 OF THE
13 PETALUMA MUNICIPAL CODE TO ESTABLISH A 3.2 ACRES PER 1 THOUSAND RESIDENTS
14 PARK LAND DEDICATION REQUIREMENT AND MAINTAIN A 5 ACRES PER 1 THOUSAND
15 RESIDENTS PARK LAND STANDARD IN ACCORDANCE WITH THE GENERAL PLAN 2025 AND
16 CALIFORNIA GOVERNMENT CODE SECTION 66477("THE QUIMBY ACT")
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19 WHEREAS, on December 15, 2003, the City Council of the City of Petaluma adopted
20 Ordinance No. 2166 amending Sections 20.34.090 and 23.34.100 of the Petaluma Municipal
21 code to establish the standard for dedication of park land required of residential subdivisions to
22 be 3.64 acres of park land for each one thousand persons residing in the City of Petaluma; and,
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24 WHEREAS, on May 19, 2008, the City Council of the City of Petaluma adopted General
25 Plan 2025 ("General Plan"); and,
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27 WHEREAS, Policy 6-P-6 of Goal b-G-1 of the General Plan states that the City will "Achieve
28 and maintain a park standard of 5 acres per 1,000 residents"; and,
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30 WHEREAS, Program A of Policy 6-P-6 of Goal b-G-1 of the General Plan states that the City
31 will "Revise the City's park in lieu fees/dedication requirements to match the General Plan
32 standard of 5 acre per 1,000 residents"; and,
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34 WHEREAS, California Government Code Section 66417 ("The Quimby Act") authorizes the
35 City to adopt an ordinance requiring the dedication of land and/or the imposition. of a fee in-
36 lieu thereof as a condition on the approval of certain tentative maps or parcel maps for a
37 residential subdivision; and,
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39 WHEREAS, in accordance with The Quimby Act, the City is authorized to impose a park
40 land dedication standard of up to 5 acres per 1,000 residents, so long as the amount of existing
41 neighborhood and community park area in the City is at least equal to the standard; and,
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43 WHEREAS, Chapter VII of the City of Petaluma Mitigation Fee Report ("Report") prepared
44 by Sinclair and Associates dated May 8, 2008 at page 27 provides that the City has an existing
45 park land inventory of 5.1 acres per 1,000 residents, and currently owns 53 of the 103 acres of
Ordinance No. 2301 N.C.S. Page 1
1 park land identified in the General Plan as necessary to satisfy the neighborhood and
2 community park land requirements of the City in 2025; and,
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4 WHEREAS, the Report further provides that although the current City park land inventory
5 of 5.1 acres per 1,000 residents is sufficient to justify a park land dedication of 5 acres per 1,000
6 residents under the Quimby Act, because of the City's existing park land inventory, a park land
7 dedication standard of 3.2 acres per 1,000 residents will maintain a park land inventory of 5
8 acres per 1,000 residents park land standard through 2025 and provide the additional 50 acres
9 of park land required under the General Plan; and,
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11 WHEREAS, it is necessary to amend the park land dedication standard. adopted by the
12 City Council pursuant to Ordinance No. 2166 to conform that standard to the park land
13 acquisition goals established in the General Plan.
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15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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17 Section 1. The above recitals are hereby declared to be true and correct and
18 findings of the City Council of the City of Petaluma. The City Council further finds that based on
19 information provided at the time of introduction of this Ordinance, including, without limitation,
20 the agenda report and other written and oral testimony, the requirements of this Ordinance
21 regarding park land dedication are necessary and appropriate for the protection and
22 maintenance of the public health, safety and welfare.
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24 Section 2. The Report, including, but not limited to, Chapter VII entitled "Quimby Act
25 Park Land Acquisition In-.Lieu Fee" is hereby adopted and approved and made a part of this
26 ordinance by reference.
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28 Section 3. Sections 20.34.010, 20.34.30, 20.34.040, 20.34.050, 20.34.060, 20..34.070,
29 20.34.080, 20.34.090 and 20.34.100 of the Petaluma Municipal Code are hereby repealed in their
30 entirety effective 30 days after the effective date of this ordinance in accordance with Section 8
31 of this ordinance, section 66477(a)(1) of the Quimby Act, and other applicable law.
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33 Section 4. Chapter 20.34 is hereby re-titled, and new Sections 20.34.30, 20.34.070,
34 20.34.090 and 20.34.100 are hereby added to Chapter 20.34 Title 20 of the City of Petaluma
35 Municipal Code to read as follows:
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37 CHAPTER 20.34
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39 PARK AND RECREATION LAND DEDICATION AND IMPROVEMENT
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41 20.34.30 Authority, general purpose and objectives
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43 This chapter is adopted pursuant to the general police power of the city and California
44 Government Code Section 66477 (the "Quimby Act") for the purpose of executing and
45 implementing the park acquisition goals, policies and programs of the city's general plan, any
46 applicable zoning requirements, and the Quimby Act:
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48 A. To preserve, enhance and improve the quality of the physical environment of the
49 city;
50 B. To provide a procedure for the acquisition and development of local park
51 facilities;
52 C. To secure for the citizens of the city the social and physical advantages resulting
53 from the provision of park and recreation facilities;
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1 D. To establish conditions which will allow parks and recreation areas to be provided
2 and to exist in harmony with surrounding and neighboring land uses;
3 E. To ensure that adequate park and recreation facilities will be provided;
4 F. To ensure that park and recreation facilities are provided and established in a
5 manner that will permit their maximum use and enjoyment by the residents of the surrounding
6 area.
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8 20.34.070 Park land dedication/in-lieu fee requirement.
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10 In accordance with subdivision (a) of the Quimby Act, for each subdivision of land
11 subject to the Subdivision Map Act (California Government Code Section 66410 et seq.) and/or
12 this title and zoned for residential use shall, the subdivider shall, as a condition of filing a final
13 subdivision map, dedicate land, pay fees in lieu thereof, or a combination of both, for
14 neighborhood and community park or recreational purposes in accordance with this chapter.
15 In accordance with subdivision (b) of the Quimby Act, land or fees required under this chapter
16 shall be conveyed or paid directly to the City, which provides park and recreational services on
17 a community wide basis and to the area within which the proposed development will be
18 located, if the City elects to accept the land or fee., upon approval of the final map.
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20 20.34.090 Amount of park land required.
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22 It is found and determined in accordance with subdivision (a) (2) of the. Quimby Act, the
23 general. plan, and the City of Petaluma Mitigation Fee Report ("Report") prepared by Sinclair &
24 Associates, dated May 8, 2008, including Chapter VII, as adopted by the city council, that the
25 amount of existing neighborhood and community parkland within the City as calculated
26 pursuant to subdivision (a) (2) of the Quimby Act equals or exceeds five (5) acres of parkland for
27 each 1,000 persons residing within the city. It is also found and determined in accordance with
28 the general plan that the public interest, convenience, health, safety and welfare require
29 maintaining a park standard of 5 acres per 1,000 residents. It is further found and determined in
30 accordance with the Report that based on the City's existing park land inventory, a park land
31 -dedication standard of 3.2 acres per 1,000 residents will maintain a park land standard of 5
32 acres per 1,000 residents through general plan build, and that therefore the public interest,
33 convenience, health, safety and welfare require that 3.2 acres of parkland for each 1,000
34 persons residing in a subdivision within the City subject to this chapter be dedicated for local
35 park and recreation purposes within city jurisdiction, or that equivalent fees be paid or a
36 combination of both. In accordance with subdivision (a)(5) of the Quimby Act, it is found and
37 determined that the amount of land to be dedicated, or fees to be paid bear a reasonable
38 relationship to the use of the park and recreational facilities by the future inhabitants of the
39 subdivision. In accordance with subdivision (a) (2) of the Quimby Act, the amount of land to be
40 dedicated shall be calculated according to the following formula:
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42 LAND=AXB
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44 A. "A" means the park and recreation area required per dwelling unit, based on the
45 type of dwelling units of the proposed subdivision and the park area per one thousand (1,000)
46 City residents.
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48 l . The park area of the City is determined to be 5.1 acres per 1,000 residents,
49 or .0051 acres per resident. The park area required to be dedicated to maintain a park land
50 standard of 5 acres per 1,000 residents through general plan build out is 3.2 acres per 1,000
51 residents or .0032 acres per resident
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53 2. The park and recreation area required per dwelling unit is established as
54 follows:
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1 a. Single-family unit. For dwelling units to be constructed on property
2 zoned for single-family development, or for projects approved for such development, each unit
3 is assigned 2.915 residents.
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5 Therefore, A = 2.915 x 0.0032 = 0.0093 acres required per unit.
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7 b. Multi-family unit. For dwelling units to be constructed on property
8 zoned for multiple-family development, or for projects approved for such development, each
9 unit is assigned 1.963 residents.
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11 Therefore, A = 1.963 x 0.0032 = 0.0063 acres required per unit
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13 B. "B" means the number of dwelling units in the proposed subdivision. For the
14 purposes of this section, the number of dwelling units in the proposed subdivision .shall be
15 determined as follows: In areas zoned for one (1) dwelling unit per lot or parcel, the number of
16 dwelling units shall equal the number of parcels indicated on the final map. When the
17 subdivision is located iri an area zoned for multiple dwelling units per parcel, the number of
18 dwelling units shall equal the maximum number of dwelling units allowed under that zone. For
19 residential condominium projects, the number of dwelling units shall equal the number of
20 condominium units indicated on the final map. For planned development projects, the number
21 of dwelling units shall equal the number of dwelling units indicated on the approved ,planned
22 development plan.
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24 20.34.1.00 Park land acquisition in-lieu fees.
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26 Park land acquisition in-lieu fees due pursuant to this chapter and the Quimby Act shall
27 be equal to the park land acquisition fees established for single family and multi-family
28 development in the park land acquisition fee for non Quimby Act development adopted by
29 resolution of the city council, and shall be payable at the times and in the amounts set forth in
30 that resolution.
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32 Section 5. All code provisions, ordinances, and parts of ordinances in conflict with
33 the provisions of this ordinance are repealed effective 30 days after the effective date of fhis
34 ordinance in accordance with. this section, section 66477(a) (1) of the Quimby Act, and other
35 applicable law. The provisions of this ordinance, insofar as they are substantially the same as
36 existing code provisions relating to the same subject matter, shall be construed as restatements
37 and continuations thereof and not as new enactments. However, violations, rights accrued,
38 liabilities accrued, or appeals taken prior to the effective date of this ordinance under any
39 chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the
40 purpose of sustaining any proper suit, action; or other proceedings, with respect to any such
41 violation, right, liability or appeal.
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43 Section 6. If any section, subsection, clause, sentence, phrase or other portion of this
44 ordinance is for any reason held to be invalid or unconstitutional by a court of competent
45 jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
46 The City Council of the City of Petaluma hereby declares that it would have passed this
47 ordinance and each section, subsection, clause, sentence, phrase, and other portion thereof,
48 irrespective of the fact that one or more section, subsection, clause, sentence, phrase, or other
49 portion may be held invalid or unconstitutional.
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51 Section 7. Said ordinance or a synopsis shall be posted and/or lied for the
52 period and in the manner required by City Charter.
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Ordinance No. 2301 N.C.S. Page 4
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3 Section 8. This ordinance shall take effect thirty (30) days after its passage.
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6 INTRODUCED and ordered posted/wed this 19'h day of May 2008.
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8 ADOPTED this 2nd day of June, 2008.
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10 Ayes: Barrett, Freitas, Harris, Nau, O'Brien, Vice Mayor Rabbit, Mayor Torliatt
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12 Noes: None.
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14 Abstain: None.
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16 Absent: None.
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22 Pamela. Torliatt, Mayor
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25 ATTEST: APPROVED AS TO FORM:
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29 Deborah L. Pa ovan, Deputy City Clerk Eric W: Danly, City Attorney
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