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HomeMy WebLinkAboutCC Reso No 1991-42RESOLUTION NO. 91-42 A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FIEREBY AMENDING SECTION 4 OF RESOLUTION NO. 89.44, ADOPTED ON AUGUST 29, 1989, THE PARK CAPITAL IMPROVEMENT FUND, PURSUANT TO ORDINANCE NO. 572, REQUIRING THE DEDICATION OF LAND/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, the City Council of the City of Lake Elsinore 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, it is necessary to have commercial and industrial developers provide their fair share of costs 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. 77-39, concerning the Park Capital Improvement Fund, has determined that an amendment to said fee schedule is necessary. NOW, TAEREFORE, be it resolved that the City Council of the City of Lake Elsinore, California, that Section 4 of Resolution - No. 77-39 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, California: 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 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 lot within the subdivision. B. Land Disoosition. 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 FIFTY (501 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. PARR LAND DEDICATTON FORMULA TAHLE TABLE I Average Tvpes of Dwellinas Density DU Single-Family Duplex, Medium-low Apartments/Condominiums BECTION FOOR. residences. All subdivisions apartment, condominium, fourplex, single-family residence developments to the City of Lake Elsinore for th improving, and maintaining park land 3.22 2.71 2.20 under fifty (50) parcels, triplex, duplex, and shall pay the following fees e purpose of establishing, within the City: 1. Single-Family Residences $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 EIVE. Commercial and Industrial Developments. All commercial and industrial developments shall pay the following fees to the City of Lake Elsinore for the purpose of establishing, improving, and maintaining park land within the City: Commercial $.10 per sq.ft.* Industrial $.10 per sq.ft. * All fees are based on square footage of enclosed space as determined by the City of Lake Elsinore's Building and Safety Division. SECTION SIR. 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 made prior to obtaining any permits from the Building division. PASSED, APPROVED, AND ADOPTED this 28th day of May .,_, 1991, upon the following roll call vote: AYES: NOES: ABSENT: ABSTENTIONS: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN COUNCILMEMBERS: NONE COUNCILMEMBfRS: NONE COUNCILMEMBERS: NONE APPROVED AS TO FORM & LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, 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 28th day of May, 1991, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: NONE ABSTAIN: COUNCILMEMBERS: NONE ~~ ~_ ~_,, ~~~/'v'~/~i~N1' VI~ICI-LYNN KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, Do HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 91-42 of said Council, and that the same has not been amended or repealed. DA ED: May 30, 1991 ~ CKI LYNNE KASAD, CITY CLERK CITY OF LAK ELSINORE (AF~T~T~)