HomeMy WebLinkAboutOrdinance 2301 N.C.S. 06/02/20081
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EFFECTIVE DATE
OF ORDINANCE
July 2, 2008
ORDINANCE NO.2301 N.C.S.
Introduced by Seconded by
Mike O'Brien Karen Nau
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA RE -TITLING CHAPTER 20.34
OF THE PETALUMA MUNICIPAL CODE CONCERNING PARK AND RECREATION LAND
DEDICATION AND IMPROVEMENT, REPEALING SECTIONS 20.34.010, 20.34.30, 20.34.040,
20.34.050, 20.34.060, 20.34.070, 20.34.080, 20.34.090 AND 20.34.100, AND ADDING N E W
SECTIONS 20.34.030, 20.34.070, 20.34.090, AND 20.34.100 TO CHAPTER 20.34 OF THE
PETALUMA MUNICIPAL CODE TO ESTABLISH A 3.2 ACRES PER 1 THOUSAND RESIDENTS
PARK LAND DEDICATION REQUIREMENT AND MAINTAIN A 5 ACRES PER 1 THOUSAND
RESIDENTS PARK LAND STANDARD IN ACCORDANCE WITH THE GENERAL PLAN 2025 AND
CALIFORNIA GOVERNMENT CODE SECTION 66477("THE QUIMBY ACT")
WHEREAS, on December 15, 2003, the City Council of the City of Petaluma adopted
Ordinance No. 2166 amending Sections 20.34.090 and 23.34.100 of the Petaluma Municipal
code to establish the standard for dedication of park land required of residential subdivisions to
be 3.64 acres of park land for each one thousand persons residing in the City of Petaluma; and,
WHEREAS, on May 19, 2008, the City Council of the City of Petaluma adopted General
Plan 2025 ("General Plan"); and,
WHEREAS, Policy 6-P-6 of Goal 6-G-1 of the General Plan states that the City will "Achieve
and maintain a park standard of 5 acres per 1,000 residents"; and,
WHEREAS, Program A of Policy 6-P-6 of Goal 6-G-1 of the General Plan states that the City
will "Revise the City's park in lieu fees/dedication requirements to match the General Plan
standard of 5 acre per 1,000 residents"; and,
WHEREAS, California Government Code Section 66477 ("The Quimby Act") authorizes the
City to adopt an ordinance requiring the dedication of land and/or the imposition of a fee in -
lieu thereof as a condition on the approval of certain tentative maps or parcel maps for a
residential subdivision; and,
WHEREAS, in accordance with The Quimby Act, the City is authorized to impose a park
land dedication standard of up to 5 acres per 1,000 residents, so long as the amount of existing
neighborhood and community park area in the City is at least equal to the standard; and,
WHEREAS, Chapter VII of the City of Petaluma Mitigation Fee Report ("Report") prepared
by Sinclair and Associates dated May 8, 2008 at page 27 provides that the City has an existing
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
park land identified in the General Plan as necessary to satisfy the neighborhood and
community park land requirements of the City in 2025; and,
WHEREAS, the Report further provides that although the current City park land inventory
of 5.1 acres per 1,000 residents is sufficient to justify a park land dedication of 5 acres per 1,000
residents under the Quimby Act, because of the City's existing park land inventory, a park land
dedication standard of 3.2 acres per 1,000 residents will maintain a park land inventory of 5
acres per 1,000 residents park land standard through 2025 and provide the additional 50 acres
of park land required under the General Plan; and,
WHEREAS, it is necessary to amend the park land dedication standard adopted by the
City Council pursuant to Ordinance No. 2166 to conform that standard to the park land
acquisition goals established in the General Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. The above recitals are hereby declared to be true and correct and
findings of the City Council of the City of Petaluma. The City Council further finds that based on
information provided at the time of introduction of this Ordinance, including, without limitation,
the agenda report and other written and oral testimony, the requirements of this Ordinance
regarding park land dedication are necessary and appropriate for the protection and
maintenance of the public health, safety and welfare.
Section 2. The Report, including, but not limited to, Chapter VII entitled "Quimby Act
Park Land Acquisition In -Lieu Fee" is hereby adopted and approved and made a part of this
ordinance by reference.
Section 3. Sections 20.34.010, 20.34.30, 20.34.040, 20.34.050, 20.34.060, 20.34.070,
20.34.080, 20.34.090 and 20.34.100 of the Petaluma Municipal Code are hereby repealed in their
entirety effective 30 days after the effective date of this ordinance in accordance with Section 8
of this ordinance, section 66477(a)(1) of the Quimby Act, and other applicable law.
Section 4. Chapter 20.34 is hereby re -titled, and new Sections 20.34.30, 20.34.070,
20.34.090 and 20.34.100 are hereby added to Chapter 20.34 Title 20 of the City of Petaluma
Municipal Code to read as follows:
CHAPTER 20.34
PARK AND RECREATION LAND DEDICATION AND IMPROVEMENT
20.34.30 Authority, general purpose and objectives
This chapter is adopted pursuant to the general police power of the city and California
Government Code Section 66477 (the "Quimby Act") for the purpose of executing and
implementing the park acquisition goals, policies and programs of the city's general plan, any
applicable zoning requirements, and the Quimby Act:
A. To preserve, enhance and improve the quality of the physical environment of the
city;
B. To provide a procedure for the acquisition and development of local park
facilities;
C. To secure for the citizens of the city the social and physical advantages resulting
from the provision of park and recreation facilities;
Ordinance No. 2301 N.C.S. Page 2
D. To establish conditions which will allow parks and recreation areas to be provided
and to exist in harmony with surrounding and neighboring land uses;
E. To ensure that adequate park and recreation facilities will be provided;
F. To ensure that park and recreation facilities are provided and established in a
manner that will permit their maximum use and enjoyment by the residents of the surrounding
area.
20.34.070 Park land dedication/in-lieu fee requirement.
In accordance with subdivision (a) of the Quimby Act, for each subdivision of land
subject to the Subdivision Map Act (California Government Code Section 66410 et seq.) and/or
this title and zoned for residential use shall, the subdivider shall, as a condition of filing a final
subdivision map, dedicate land, pay fees in lieu thereof, or a combination of both, for
neighborhood and community park or recreational purposes in accordance with this chapter.
In accordance with subdivision (b) of the Quimby Act, land or fees required under this chapter
shall be conveyed or paid directly to the City, which provides park and recreational services on
a community wide basis and to the area within which the proposed development will be
located, if the City elects to accept the land or fee, upon approval of the final map.
20.34.090 Amount of park land required.
It is found and determined in accordance with subdivision (a) (2) of the Quimby Act, the
general plan, and the City of Petaluma Mitigation Fee Report ("Report") prepared by Sinclair &
Associates, dated May 8, 2008, including Chapter VII, as adopted by the city council, that the
amount of existing neighborhood and community parkland within the City as calculated
pursuant to subdivision (a) (2) of the Quimby Act equals or exceeds five (5) acres of parkland for
each 1,000 persons residing within the city. It is also found and determined in accordance with
the general plan that the public interest, convenience, health, safety and welfare require
maintaining a park standard of 5 acres per 1,000 residents. It is further found and determined in
accordance with the Report that based on the City's existing park land inventory, a park land
'dedication standard of 3.2 acres per 1,000 residents will maintain a park land standard of 5
acres per 1,000 residents through general plan build, and that therefore the public interest,
convenience, health, safety and welfare require that 3.2 acres of parkland for each 1,000
persons residing in a subdivision within the City subject to this chapter be dedicated for local
park and recreation purposes within city jurisdiction, or that equivalent fees be paid or a
combination of both. In accordance with subdivision (a)(5) of the Quimby Act, it is found and
determined that the amount of land to be dedicated, or fees to be paid bear a reasonable
relationship to the use of the park and recreational facilities by the future inhabitants of the
subdivision. In accordance with subdivision (a) (2) of the Quimby Act, the amount of land to be
dedicated shall be calculated according to the following formula:
LAND =AXB
A. "A" means the park and recreation area required per dwelling unit, based on the
type of dwelling units of the proposed subdivision and the park area per one thousand (1,000)
City residents.
1. The park area of the City is determined to be 5.1 acres per 1,000 residents,
or .0051 acres per resident. The park area required to be dedicated to maintain a park land
standard of 5 acres per 1,000 residents through general plan build out is 3.2 acres per 1,000
residents or .0032 acres per resident
follows:
2. The park and recreation area required per dwelling unit is established as
Ordinance No. 2301 N.C.S. Page 3
a. Single-family unit. For dwelling units to be constructed on property
zoned for single-family development, or for projects approved for such development, each unit
is assigned 2.915 residents.
Therefore, A = 2.915 x 0.0032 = 0.0093 acres required per unit.
b. Multi -family unit. For dwelling units to be constructed on property
zoned for multiple -family development, or for projects approved for such development, each
unit is assigned 1.963 residents.
Therefore, A = 1.963 x 0.0032 = 0.0063 acres required per unit
B. "B" means the number of dwelling units in the proposed subdivision. For the
purposes of this section, the number of dwelling units in the proposed subdivision shall be
determined as follows: In areas zoned for one (1) dwelling unit per lot or parcel, the number of
dwelling units shall equal the number of parcels indicated on the final map. When the
subdivision is located in an area zoned for multiple dwelling units per parcel, the number of
dwelling units shall equal the maximum number of dwelling units allowed under that zone. For
residential condominium projects, the number of dwelling units shall equal the number of
condominium units indicated on the final map. For planned development projects, the number
of dwelling units shall equal the number of dwelling units indicated on the approved planned
development plan.
20.34.100 Park land acquisition in -lieu fees.
Park land acquisition in -lieu fees due pursuant to this chapter and the Quimby Act shall
be equal to the park land acquisition fees established for single family and multi -family
development in the park land acquisition fee for non Quimby Act development adopted by
resolution of the city council, and shall be payable at the times and in the amounts set forth in
that resolution.
Section 5. All code provisions, ordinances, and parts of ordinances in conflict with
the provisions of this ordinance are repealed effective 30 days after the effective date of this
ordinance in accordance with this section, section 66477(a) (1) of the Quimby Act, and other
applicable law. The provisions of this ordinance, insofar as they are substantially the same as
existing code provisions relating to the same subject matter, shall be construed as restatements
and continuations thereof and not as new enactments. However, violations, rights accrued,
liabilities accrued, or appeals taken prior to the effective date of this ordinance under any
chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the
purpose of sustaining any proper suit, action; or other proceedings, with respect to any such
violation, right, liability or appeal.
Section 6. If any section, subsection, clause, sentence, phrase or other portion of this
ordinance is for any reason held to be invalid or unconstitutional by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council of the City of Petaluma hereby declares that it would have passed this
ordinance and each section, subsection, clause, sentence, phrase, and other portion thereof,
irrespective of the fact that one or more section, subsection, clause, sentence, phrase, or other
portion may be held invalid or unconstitutional.
Section 7. Said ordinance or a synopsis shall be posted and/or published for the
period and in the manner required by City Charter.
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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25 ATTEST:
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29 Deborah L. Pa ovan, Deputy City Clerk
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Pamela Torliatt, Mayor
APPROVED AS TO FORM:
Ordinance No. 2301 N.C.S. Page 5