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O 220 C.S. '.. 312 ORDINANCE NO. 220 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 3 OF TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE BY AMENDING SECTION 9-3.507 (I) RELATING TO REQUIRED IMPROVEMENTS OF RECREATIONAL FACiliTIES IN SUBDIVISIONS. THE CITY COUNCil OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOllOWS: SECTION I: Section 507 (I) of Chapter 3 of Title 9 is hereby amended to read as follows: Section 9-3.507 I ( I ) Recreation facil ities as fol lows: (I). The subdivider shal I provide for adequate and appropriate publ ic recreation faci I ities for the subdivision by the dedication of lands therein or by the payment of fees in I ieu thereof under the following conditions and according to the fol lowing requirements: (i) In subdivisions having fifty (50) or more tots and where the land , in such subdivisions can be properly located for public recreational facil ities in accordance with the adopted recreation and park plan of the City, the subd i v i der sha II ded i cate ami n i mum area for such purposes on the basis of not less than three (3) acres for each fifty acres within the subdivision to be developed, or such other area as mutua II y acceptab Ie. (ii) Where the subdivisig,nconsists of fifty (50) lots or less, or where the subdivision exceeds fifty (50) lots but land within the sub- division cannot be located in accordance with the Recreation and Parks Plan adopted by the City, the subdivider shal I pay to the City for the Parks Development Fund a sum of two hundred and no/loath ($200.00) Dollars for each residential building site. (Ii i) Where a fee is required to be paid in I leu of land dedication, the amount of such fee sha II be amended annua II y by resal uti on of the Council on or prior to the loth day of January, on the basis of a cost of construction factor recommended by the Director of Recreation and Parks and the Director of Publ ic Works. The factor shal I be based upon the Engineer's News Record Construction Cost Index publ ished by McGraw-Hi I I Publ ishing Company. (iv) 'All fees collected shal I be used to purchase, replace or develop and improve Parks and Recreation facilities in neighborhood or community parks located within the developments service area as designated by the Parks and Recreation Development Schedule. (vi) For any subdivision or parcel map abutting the Arroyo Grande Creek or its tributaries, the subdivider shal i dedicate to the City al I the area that includes the stream bed and ten (10') feet back of the stream bank or other appropriate areas mutually acceptable for the purposes of open space or green belt. ~ (vi I) (iv) Any parcel which is specifically referenced in the Seismic Safety Element of the General Plan as being unbuildable, or any area in the Open Space-Conservation, Safety, or other Elements of the General Plan earmarked for protection, shall be considered \.. in the subdivision for open space and zoning and be either offered for dedication to the City, or home ownership shal I be management provided. SECTION I I: This Ordinance shal I be in ful I force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage, it shall be publ ished once, together' with the names of the Counci I Members voting thereon, in the Five Cities Times-Pr'ess-Recorder. On motion of Council Member Vandeveer, seconded by Council Member Smith and on the fol lowing rol I cal I vote, to wit: AYES: Counc i I ~1embers Sm i th, Hogan Vandeveer and MayoI' Pope; , NOES: N8ne --:~ ABSENT: . vQunc i I Member M (II i 5 I th, fO'''''''9 ,0""""'0 .eo 1'00>>" ",d ,doptod tfiluw, d'~ 1980. ATTEST: ->)""W {~ ~ I Deputy Cit CleFk M