HomeMy Public PortalAboutOrd. 1357
ORDINANCE NO. 1357
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD ADDING SECTION
24-8 ENTITLED "PARKS AND RECREATION
FACILITIES FEES" TO CHAPTER 24 OF THE
LYNWOOD MUNICIPAL CODE.
WHEREAS, Development projects in the City of Lynwood
(hereinafter "City") have increased and will continue to increase
the number of persons w;io live or work in the City, and the
increased need for land for park or recreational purposes and;
WHEREAS, Government Code Section 66477 provides that a City
may, by ordinance, require Developers to dedicate land or pay in
lieu fees for the purpose of acquiring or rehabilitating park or
recreational areas as a condition to the approval of a tentative
map or parcel map and;
WHEREAS, Government Code Section 66477 requires that such
ordinance include definite standards for determining the
proportion of a subdivision to be dedicated and the amount of any
fee to be paid in lieu thereof, and;
WHEREAS, Government Code Section 66477 (b) requires that the
amount of land dedicated or fees paid be based upon the
residential density,. which shall be determined on the basis of
the approved or conditionally approved tentative map or parcel
map and the average number of persons per household, and;
WHEREAS, Government Code Section 66477(b) provides that
there shall be a rebuttable presumption that the average number
of persons per household by units in a structure is the same as
that disclosed by the most recent available federal census cr a
census taken pursuant to Governm~ynt Code Section 40200, and;
WHEREAS, Government Code Section 66477 (b) provides that the
dedication of land, or the payment of fees, or both, shall not
exceed the proportionate amount necessary to provide three acres
of park area per 1,000 persons residing within a subdivision,
unless the amount of existing neighborhood and community park
area exceeds that limit, in which case the City Council may adopt
the calculated amount as a higher standard not to exceed five
acres per 1,000 persons residing within a subdivision, and;
WHEREAS, Government Code Section 66477(b) (1) provides that
the park area per 1,000 members of the population of the city
shall be derived from the ratio that the amount of neighborhood
and community park acreage bears to the total population of the
city as shown in the most recent available federal census. The
amount of neighborhood and community park acreage shall be the
actual acreage of existing neighborhood and community parks of
the city as shown on its records, plans, recreational element,
maps, or reports as of the date of the most recent available
federal census, and;
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WHEREAS, Government Code Section 66477 (b) (1) provides that
the land, fees, or combination thereof are to be used only for
the purpose of developing new or rehabilitating existing
neighborhood or community park or recreational facilities to
serve the subdivision, and;
WHEREAS, Government Code Section 66477 (b) (1) provides that
the City has adopted a general plan or specific plan containing
policies and standards for parks and recreation facilities, and
the park and recreational facilities are in accordance with
definite principles and standards, and;
WHEREAS, Government Code Section 66477 (b) (1) provides that
the amount and location of land to be dedicated or the fees to be
paid shall bear a reasonable relationship to the use of the park
and recreational facilities by the future inhabitants of the
subdivision, and;
WHEREAS, an in lieu impact fee can be calculated for
subdivisions within the City as follows:
The formula and authority are as follows:
Factor
Acres
1,000 Residents
Population Density
Value of Parkland
Number of Units
Formula
Justification/Authority
Number of acres needed for
park and recreation facilities
for every 1000 residents of
Lynwood California Government
Code Section 66477.
Number of residents per acre
California Government Code
Section 66477.
1990 Census figure number of
persons living in Lynwood
divided by number of housing
units.
Appraised value. The fair
market value of Parkland will
fluctuate according to the
current market price of land.
Determined by Developer.
Acres x value of Parkland x Population density x Number of
Units = per unit Quimby Fee
Acres x Population density x Number of Units = Acres
required (amount of land)
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,.
The factors used in the above formula will change as updated
statistical information is made available to the City.
Now, therefore, the City Council of the City of Lynwood does
hereby ordain as follows:
Section 1: Subsection 25-18.7 (Parkland Dedication) of the
City's Zoning Ordinance is hereby deleted and Subsection 24-8
(Subdivisions) is hereby added to Chapter 24 of the Lynwood
Municipal Code as follows:
24-8 IMPACT
22-8.1 Purpose. Th~~ purpose of this Section is to impose
an impact fee upon new subdivisions within the City of Lynwood to
provide for rehabilitation or acquisition of park and recreation
areas.
24-8.2 Fee. Subject to the exception in subsection 24-8.3,
the subdivider of any subdivision resulting in three or more
parcels within the City shall pay to the City Finance Department
an impact fee calculated by the City Planning Division.
24-8.3 Exception. Subdivisions containing less than five
(5) parcels and not used for residential purposes shall be exempt
from the impact fee of this Section. However, if a building
permit is requested for construction of a residential structure
or structures on one or more of the parcels within four (4) years
of the subdivision falling under this subsection, the impact fee
will required to be paid by the owner of each such parcel as a
condition to the issuance of such permit.
24-8.4 Schedule. The Finance Department or whomever the
City Manager so designates shall prepare a schedule specifying
how, when and where the impact fees will be used to develop park
or recreational facilities within the City. Any fees collected
under this ordinance shall be ccmmitted or used wlthln five years
after the payment of such fees or the issuance of building
permits on one-half of the lots created by the subdivision,
whichever occurs later. If the fees are not committed, they
without any deductions, shall be distributed and paid to the then
record owners of the subdivision in the same proportion that the
size of their lot bears to the total area of all lots within the
subdivision.
24-8.5 Credit for Dedications of Land: A subdivider may
dedicate land to the City for park and recreational purposes
instead of paying the impact fee so long as the amount of
dedicated land provides an area equal or greater to that which
could be purchased with the impact fee. If the subdivider
provides park and recreational improvements to the dedicated
land, the value of the improvements together with any equipment
located thereon shall be a credit against the payment of fees or
dedication of land required by this section.
Section 2: The City Clerk shall certify to the passage of
this ordinance and shall. cause same to be published once in the
Lynwood Press within fifteen days after its passage and said
ordinance shall become effective thirty days after its passage.
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INTRODUCED this 5th day of February ,
1991.
SIGNED, APPROVED AND ADOPTED THIS ___ 19th ___ DAY OF
February, 1991
/s/ Robert Henning
Robert Henning, Mayor
City of Lynwood, California
ATTEST:
ANDREA HOOPER, City Clerk of
the City of Lynwood, California
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF LYNWOOD )
I, ANDREA HOOPER, City Clerk of the City of Lynwood,
California, do hereby certify that the foregoing ordinance was
duly and regularly adopted, passed and approved by the City
Council of the City of Lynwood, California, at a regular meeting
of said City Council held at the regular meeting place thereof on
the __19th__ day of _______February___________, 1991 by the
following vote;
AYES: COUNCILMEN HEINE, REA, RICHARDS, WELLS, HENNIN6
NOES: NONE
ABSENT: NONE
EXCUSED: NONE
dated this 19th day of
February
1991.
Approved As to Form:
/s/ Henry Barbosa
City Attorney
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~~ .fir ~
Andrea Hooper, Cit Clerk
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