HomeMy WebLinkAbout2005-02ORDINANCE NO. 2005-02 AMENDING PROVISIONS OF SECTION 32-83 OF THE DANVILLE MUNICIPAL CODE ESTABLISHING STANDARDS FOR PARKLAND DEDICATION FEES The Danville Town Council does ordain as follows: SECTION 1. Sections 32-83.12.c., d. and e. of the Danville Municipal Code are hereby amended to read as follows: 32-83.12 Standards and Formula for Fees in Lieu of Land Dedication. c. Determination of Fair Market Value. The predominant zoning of the Town is single family residential. Therefore, for the purpose of determining the in lieu fee, the fair market value of a buildable acre is based upon the value of land zoned for single family residential development. For purposes of this section, a buildable acre shall mean a typical acre of land located in other than an area on which building is excluded because of flooding, topography, easements, or other restriction and would' otherwise be suitable for active park development. As of May 3, 2005 (the date this ordinance was adopted), the market value of a buildable acre of land in Danville zoned single family residential is $985,543. This amoUnt was established bY review of assessors records and recent sales within the Town. d. Establishment of Maximum Fee. Based on the value of an acre of land as established in Section 32-83.12.c multiplied by the acreage required for dedication established in Section 32-83.11, the maximum in lieu fee shall be: Single family, detached $14,882 Single family, attached $10,053 Duplex $8,870 Cluster, 3 to 4 units $9,215 Cluster, 5 or more units $8,673 e. Determining Amount of Fee to be Paid. The actual fee to be paid shall be determined at the time the fee is due. The fee shall be the amount set forth in the following table, multiplied by any increase in the Consumer Price Index for the San Francisco Bay Area from July 3, 2005 to the date of payment. In no event shall the fee exceed the maximum specified in Section 32-83.12.d above. Single family, detached $7,873 Single family, attached $5,318 Duplex $4,692 Cluster, 3 to 4 units $4,875 Cluster, 5 or more units $4,588 SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the Danville Municipal Code. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the' validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 60 days after adoption. PAGE 2 OF ORDINANCE NO. 2005-02 The foregoing Ordinance was introduced on April 19, 2005 and approved and adopted by the Danville Town Council at a regular meeting held on May 3, 2005, by the following vote: AYES: Doyle, NOES: None ABSTAIN: None ABSENT: None Stepper, Ande=sen, Arherich, Shimansky APPROVED AS TO FORM: CITY ATTORNEY I CITY CLERK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2005-02 of said Town and that said ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 3 OF ORDINANCE NO. 2005-02