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HomeMy WebLinkAboutORD 052 1985 1014ORDINANCE NO. >> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE VENTURA COUNTY ORDINANCE CODE, ADOPTED BY SAID CITY COUNCIL ON SEPTEMBER 21, 1983, BY ADDING SECTION 8802 RELATIVE TO PARK AND RECREATION FEES FOR APARTMENT HOUSES AND MOBILEHOME PARKS. The City Council of the City of Moorpark does ordain as follows: SE_CT_ION 1. The Ventura County Ordinance Code, adopted by the City Council of the City of Moorpark on September 21, 1983, is hereby amended by adding Section 8802 to read as follows: SEC. 8802 - SE (APARTMENT HOUSE AND MOBILEHOME PARK) PARK AND RECREATION FACILITIES - - -- --------------- - - - - -- - - - -- a. As a condition of the issuance of a building permit for any apartment house, as defined in Section 8170 -0, or any mobilehome park containing three (3) or more mobilehomes, as defined in Section 8170 -0, which is not subject to the Subdivision Ordinance, the developer shall dedicate a portion of such land and /or pay a fee for the purpose of providing park and recreational facilities to serve the future residents of the apartment house or mobilehome park. b. This Section shall apply to all apartment houses and mobilehome parks, except those which are an improvement, rehabilitation or expansion project of an existing apartment house or mobilehome park and which do not result in the creation of a greater number of dwelling units than existed immediately prior to such project. C. If the proposed apartment house or mobilehome park contains 50 dwelling units or less, the developer shall not dedicate any land for park and recreational purposes but shall pay a fee equal to the fair market value of land which would otherwise be dedicated plus improvement costs. d. The dedication of land /or payment of a fee pursuant to this Section shall be determined in accordance with the provisions of Section 8297 -4..1 through Section 8297 -4.9. When reference is made in said Sections to the following words and phrases, such words and phrases shall have the following measures for the purposes of this Section: 1. The "Advisory Agency" shall mean the body that has the authority to recommend approval of the last discretionary entitlement required for the apartment house or mobilehome park pursuant to the Zoning Ordinance. 2. The "appropriate Park District" legally created and constituted district which services the are the proposed apartment house or located or, if no such district the City of Moorpark. shall mean the park and recreation a within which mobilehome park is is in existence, 3. The "approval of the tentative or parcel map" shall mean the approval of a conditional use permit or other discretionary entitlement required for the apartment house or mobilehome park pursuant to the Zoning Ordinance. If more than one discretionary entitlement is required, it shall mean the last such entitlement to be approved. If no discretionary entitlement is required, it shall mean the application that is made for the first building permit. 4. The "Board of Supervisors" shall mean the body that has the authority to approve the last discretionary entitlement required for the apartment house or mobilehome park pursuant to the Zoning Ordinance. If no discretionary permit is required, it shall mean the City Council. 5. The "filing of the parcel or final map" shall mean the same as the approval of the tentative or parcel map. 6. The "future residents of the subdivision "shall mean the owner of the apartment house or mobilehome park. 7. The "recordation of shall mean prior to building permit for mobilehome park. the parcel or final map" the issuance of the first the apartment house or 8. The "recorded covenants which in tavor of the future owners within the subdivision" shall restriction which is recorded issuance of the first buildin apartment house or mobilehome run with the land of the property mean a deed prior to the g permit for the park. 9. The "subdivider" shall mean the applicant. 10. The "subdivision" or "property being subdivided" shall mean the proposed apartment house or mobilehome park. SECTION 2_ That this ordinance shall take effect thirty -2- (30) days after its passage and adoption. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 5008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. Passed and adopted this 14th day of October, 1985. ATTEST: CITY OF MOORPARK, CALIFORNIA -3- -0- r Sfjff OF CALIFORNIA COUNTY OP VRY URA SS' CITY OF MOORPARK } I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Ordinance No. 52 was adopted by the City Council of the City of Moorpark at an adjourned regular meeting thereof, held on the 4th day of October , 19 85 , and that the same was adopted by the following vote, to wit: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson and Mayor Prieto; NOES: None; ABSENT: Councilmember Weak. WITNESS my hand and the official seal of said City this 14th day of October , 19 85 City aerk