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HomeMy WebLinkAboutCC Reso No 1989-44RESOLUTION NO. 89-44 _. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, HEREBY AMENDING SECTION 4 OF RESOLUTION 85-34, ADOPTED ON MAY 28, 1985, THE PARK CAPITAL IMPROVEMENT FUND, PURSUANT TO ORDINANCE N0. 572, REQUIRING THE DEDICATION OF LAND AND/OR THE PAYMENT OF FEES FOR THE ESTABLISHMENT OF PARK AND RECREATION FACILITIES IN THE CITY OF LAKE ELSINORE. WHEREAS, the City Council of the City of Lake Elsinore, California adopted Ordinance No. 572 on July 25, 1977, providing for the dedication of land or the payment of in lieu fees to the Park Capital Improvement Fund; and WHEREAS, Ordinance No. 572 does provide for these fees to be established by resolution as the City Council deems necessary; and . WHEREAS, the City Council of the City of Lake Elsinore, California, is desirous of establishing and providing a sufficient number of park and recreational facilities for the people of the City of Lake Elsinore; and WHEREAS, it is necessary to have residential developers provide their fair share of costs and/or land for the development of park and recreational facilities within the City of Lake Elsinore; and WHEREAS, the City Council, after review of Section 4_ of Resolution No. 85-34, concerning the Park Capital Improvement Fund, has determined that an amendment to said fee schedule is necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore, California that Section 4 of Resolution 85-34, is hereby deleted and the following shall be the Regulations for Determining Land Dedications and Fee Exactions for the Establishment of Park and Recreation Areas in the City of Lake Elsinore, Californiad SECTION ONE. The above recitals are true and correct. SECTION TWO. REOUIREMENTS. Land or fees required under this resolution shall be conveyed or paid directly to the City of Lake Elsinore. The City, in accepting such land or funds, shall develop the land or use the funds as herein provided: A. Establishment and Development Time. Any fees collected under this resolution shall be committed within five (5) 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 such fees are not committed, they 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. B. Land Disbosition. In the event that opportunities for better recreation facilities than those provided by the dedication materialize, the land so dedicated may be sold with the proceeds therefrom being used for suitable park and recreation facilities which serve the neighborhood in which that subdivision is located. C. Standards for Dedication. The City Council hereby establishes a ratio of five (5) park acres to one thousand (1,000) population. D. Notification. All reasonable measures are to be taken to inform developers of the requirements of this resolution so that they will make allowances for the dedication of land and/or the payment of fees as required. SECTION THREE. Subdivisions over fiftv 50 parcels. For any subdivisions over fifty (50) parcels the subdivider/developer shall dedicate land or pay an in lieu fee equal to the fair market value of the land that would have otherwise been dedicated. The formula for determining the amount of land to be dedicated is as follows: Average number of persons per unit X number of units proposed - by park acreage standard (1,000 people) (5 acres park land) The fair market value of the property shall be determined by an appraiser obtained at the developer(s)/subdivider(s)' expense and approved by the City Council. PARKLAND DEDICATION FORMULA TABLE TABLE I Average Tvpes of Dwellinas Densitv/DU Singl~-Family 3.6 Duplex, Medium-Low 3.1 Apartments/Condos 1.8 SECTION FOUR. Subdivisions under fiftv 5~ parcels, apartments. condominiums, fourplexes, triblexes, duplexes and sinale-family residences. All subdivisions under fifty (50) parcels, apartment, condominium, fourplex, triplex, duplex and single-family residence developments shall pay the following._ fees to the City of Lake Elsinore for the purpose of establishing, improving and maintaining parkland within the City: 1. Single-Family Residence $1,600 per unit 2. Duplexes $1,500 per unit 3. Triplexes $1,500 per unit 4. Fourplexes $1,450 per unit 5. Apartments $1,400 per unit , SECTION FIVE. Timina. All provisions for land dedication shall be made at the tentative map stage in the case of subdivisions over fifty (50) parcels, and shown on the final map. In the case of subdivisions under fifty (50) parcels, apartment, condominium, fourplex, triplex, duplex, and single-family residence developments, all fees must be paid prior to obtaining any permits from the Building Division. PASSED, APPROVED AND ADOPTED this 29th day of August, 1989, upon the following . -•- vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, 4!ASF~BURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ~ ~ ~ JIM WINKLER, MAYOR CITY OF LAKE ELSINORE ` A.`PTFSST: ~ ~ ' C~`ti.c-a~;uC/~ VICKT L. KASAD, CITY CLERK APF'zi~\i~L) AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 29th day of August, 1989, and that it was so adopted by the following vote: AYES: . BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Al3S'L'AIN: COUNCILMEMBERS: NONE ~ ~1`~~ VIC~Zr ?,~YiVNE SAD, CITY CLERK CITY OF LAK ELSINORE (SE1~L) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: `~"' CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO AEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-44 of said Council, and that the