HomeMy WebLinkAboutOrdinance 2166 N.C.S. 12/15/2003to ~'~k~ ~
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Introduced by
Council Member Healy
Seconded by
Vice Mayor O'Brien
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Sections 20.34.090 and 20.34.100 of the Petaluma Municipal Code are
hereby amended to read as follows:
20.34.090 Amount of park land required.
It is found and determined in accordance with Government Code Section
666477(a) (2) and the Master Facilities Plan (pages 77-104) and the Development
Impact Fee Calculation and Nexus Report (Chapter 10), both prepared by Revenue &
Cost Specialists and dated March 30, 2003, as adopted by the City Council, that the
amount of existing parkland, developed and undeveloped, within the City, as
calculated pursuant to Government Code Section 66477(a)(2), equals or exceeds
three and sixty-four one hundredths (3.64) acres of parkland for each 1,000 persons
residing within the City. It is also found and determined that the public interest,
convenience, health, safety and welfare require that three and sixty-four one
hundredths (3.64) of land for each one thousand (1,000) persons residing in a
subdivision within the City subject to this chapter be devoted to local park and
recreational purposes within the Urban Growth Boundary. In accordance with
Government Code Section 66477(a)(5), the amount of land to be dedicated, or fees to
be paid shall bear a reasonable relationship to the use of the park and recreation
facilities by the future inhabitants of the subdivision. In accordance with Government
Code Section 66477(a) (2), 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.
ORDINANCE 2166 N.C.S.
Ordinance No. 2166 N.C.S. Page 1
The park area of the City is determined to be 3.64 acres per 1,000 people,
or .00364 acres per person.
2. The park and recreation area required per dwelling unit is established as
follows:
a. Single-family development. For dwelling units to be constructed on
property zoned for single-family development in Title 21 of the
Municipal Code (Zoning Ordinance), or for projects approved for
such development, each unit is assigned 2.915 people.
Therefore, A = 2.915 x .00364 = 0.0106 acres per unit.
b. Multi-family development. .For dwelling units to be constructed on
property zoned for multiple-family development in Title 21 of the
Municipal Code (Zoning Ordinance), or for projects approved for
such development, each unit is assigned 1.963 people.
Therefore, A = 1.963 x .003b4 = 0.0071 acres per unit.
B. "B" means the number of dwelling units in the proposed subdivision. For the
purpose 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 Amount of park fees required.
The amount of fees due pursuant to this chapter shall be equal to the park land
acquisition component of the park impact fee adopted by resolution of the City
Council. The fee shall be payable at the time and in the amount set forth in that
resolution.
Section 2. All code provisions, ordinances, and parts of ordinances in conflict with the
provisions of this ordinance are repealed. 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. With
respect, however, to 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.
Ordinance No. 2166 N.C.S. Page 2
Section 3 . The City Clerk is hereby directed to post/publish this ordinance for the
period and in the manner required by the City Charter.
Section 4 . This ordinance shall take effect thirty (30) days after its passage.
INTRODUCED and ordered posted/published this 17'" day of November 2003.
ADOPTED this 15'" day of December 2003 by the following vote:
AYES: Canevaro, Mayor Glass, Harris, Healy, Vice Mayor O'Brien,
Moynihan, Torliatt
NOES: None
ABSENT: None
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David Glass, Mayor - - --
ATTEST
APPROVED AS TO FORM:
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Gayle Pe rsen, City Clerk Rich rd R. Rudnansky, City orney
Ordinance No. 2166 N.C.S. Page 3