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Home My WebLink AboutCC Ord 1030 1978-02-27 . 1 1 I . . ORDINANCE NO. /t:S3 L) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING SECTION 21-12 OF CHAPTER 21 OF THE CITY CODE CONCERNING PARKLAND DEDICATIONS FOR SUBDIVISIONS. THE CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1. Section 21-12 of Chapter 21 of the City Code is hereby amended to read as follows: Sec. 21-12. Requirements. As a condition of approval of a final tract map or parcel map for a residential subdivision, a subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, at the.option of the city as determined at the time of approval of the tentative map. The land dedication or fee in lieu thereof, shall be used for park and recreational purposes. The amount of the land to be dedicated shall be five (5) acres per thousand (1000) residents, or a fee in lieu thereof based on the fair market value of five (5) acres of land per thousand (1000) residents, as determined by an appraisal. Such appraisal shall be paid for by the subdivider who shall deposit with the city an amount sufficient to cover the cost of the appraisal. The city shall select a MIA appraiser. The appraisal shall be completed prior to approval of the tentative map by the city. If the subdivider is not satisfied with the values established by the first appraisal, the subdivider may request and shall pay for the preparation of a second appraisal. The subdivider shall deposit with the city an amount sufficient to cover the cost of preparing the second appraisal. The city shall then select a second MIA appraiser to conduct the appraisal. If a second appraisal is conducted, the values established by the two (2) appraisals shall be averaged and that amount shall be the value used for determining the in lieu fee. The number of people estimated to reside in a subdivision shall be calculated based on 3.5 persons per single family residence; 1.8 persons per multiple family unit or 2 persons per mobile home. Based on the preceding, 762 square feet of land shall be dedicated for each single family residence; 392 square feet shall be dedicated for each multiple family unit; and 436 square feet of land shall be dedicated for each mobile home. If a fee in lieu of dedication is required, the fee shall be based upon the fair market value of the amount of land prescribed above for each unit. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty per cent, may be given against the requirements of land dedication or payment of fees in lieu thereof if the City Council finds that it is in tbe public interest to do so and provided that the use of the private open space is restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successors. 1 I I . Ordinance Number . Section 2. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this ~~~ay of 1978. ~~2 ~~~ Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Jerdys Weir, City Clerk of the City of Seal Beach, hereby certify to the passage and adoption of the foregoing ordinancs/by the City Co cil at a regular meeting thereof held on the ~~~day of . , ~bY the fO~ing vote: AYES: Cou ilmembers. ~. UAt1' ~i.l,d~Jt'?..Z; }~ NOES: councilmembers~ ABSENT: Councilmembers ~ .1 1 I PROOF OF PUBLICATION (2015.5 C,C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the Seal Beach Journal .................................................... .................................................... a newspaper of general circulation, printed and publ ished ...... w~~k-J-~.................. in the City of ..lie.qJ..R~il.Ch................ County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange. State of California, underthedateof...~;-.?~, 19 .?~, Case Number . ~7.~?~~.~.,..; that the notice. of which the annexed is a printed copy (set in type not 'smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: March 8 ' .................................................... all in the year 19Z~... I certify (or declare) under penalty of perjury that the foregoing is true and correct. . Dated at Seal Beach ......................................... C I'f . thO 8th d .M~rch 19 78 a I orn la, IS.......... ay Ol'-.~....., ..... ......'.~,;a~..Q.....-f"....&-....... Free copies of 'his blink form mey be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Advertising Clearing House 210 South Spring St.. Los Angeles, Calif. 90012 Telephone: 625.2141 Pl.... requI.t GE N ERAL Proof of Publlcltlon when orelerln. this form. This space Is for the County Clerk's Filing Stamp v Proof of Publication of . --- by the two (2) appraisals shall be averaged and that amount shall Ordinance #1030 be tho volue .oed 10' doto,mm,ng . ............................................, the In lieu fee The number of people estimated I to' reBlde In a SUbdiVISion shall be calculated based on 3 5 persons' ............................................. per Single family reSidence, 18: persons per multiple family umt I or 2 persons per mobile home. , Based on the preceding, 762 square feet of land shall be I dechcaled for each single farmly residence, 392 square leat shall I be dechcated lor each multiple I family Unit, and 436 square teet 01 land shall be dedicated for I each mobile home. If a fee In I I lieu of dedicatIOn Is reqUired, the lee shall be based upon the lafr ! market value 01 the amount of land prescribed above lor each Untt. . Paste Clipping of Notice SECURELY In This Space ORDINANCE NO. 1030 l AN ORDINANCE OF THE CITY I COUNCIL OFTHE CITY OF SEAL BEACH AMENDING SECTION 21-12 OF CHAPTER 21 OF THE CITY CODE CONCERNING PARKLAND DEDICATIONS FOR SUBDIVISIONS. THE CITY COUNCil DOES ORDAIN i AS FOllOWS' . I Section 1. Section 21-1201 Chapter 21 of the City Code IS hereby amended to read as Iollows. Sec. 21-12. Requlremenll. As a condition of approval of a final tract map or parcel map for a residential subdiviSion. a subdiVider shall dechcate land, pay a lee m lieu thereof, or a combmatlon 01 both, at the option or the city as determIned at the time of ~proval of the tentative map. The land dedlcallon or fee In I~tiu thereof. shall be used for :,park and recreatIOnal purposes ~The amount ot the land to be decllcated shall be five (5) acres per thousand (1000) rBSldenls, or a fee In lieu thereof based on the fBlr market value of live (5) acres 01 land per thousand (1000) residents, as determined ~ an appraIsal Such appraisal shill be paid lor by the subdiVider who shall depoSit With the city an amount suffiCIent to cover the cost of the appraisal. The city shafl , select a MIA appraiser. The I appraisal shall be completed prior I to approval 01 the tentative map by , the city. , If the subdiVider IS not satisfied I With the values established by the i first appraisal, the subdiVider may I request and shat! pay for the preparation of a second appraisal J The city shall then select a second MIA appraiser to conduct the appraisal. If a second appr81sal Is .__~ducted, the v~~~~~lIah~ ~. .' Where private open space lor park and recreational purposes 18 pnvfded In a proposed- subdivision and such space IS to be privately I owned and maintained by the I future resIdents of the 8ubdlvlSlOn~ r,artlal credit, not to exceed' Ifty percent, may be given against the requirements of land I dedication or rayment of tees In lieu thereof I the City Counclll finds that It Is In the PUbliCI' Interest to do so and provided that the use of the private open space IS restrIcted for park and, recreational purposes b~ r8l.Orded covenant which runs with" the land In favor of the future. owners of the property and which I cannot be defeated or eliminated I WIthout the consent of the city or . Its successors. , Secllon 2. The City Clerk shall certlly I 10 the adOption of thiS ordinance and I shall cause the same to be published ' as required by law PASSED. APPROVED, AND ADOPTED thiS 27th day of February 1978 Mayor Thomas E. Blackman ATTEST, Jerdys Weir Ctty Clerk STATE OF CALIFORNIA COUNTY OF ORANGE SS lOllY OF SEAL BEACH I, Jerdys Weir. City Clerk of the City of SeaJ Beach, hereby certify to 1he I passage and adoptIOn of the Ior& going ordinance by the Cdy CounCil at a regular meeting thereof held on I the 27t11 day of February, 1978, by the follOWing vote. AYES. Councllmembers Blackman, j Gray, Kredell, laszlo, Weir I NOES. Councllmembers None ABSENT. Councllmembers None Jerdys Wetr City Clerk I l _. -J