HomeMy WebLinkAboutORD 27 (1989)section i.
This Council hereby finds that all of the facts set
forth in the Recitals, Part A, of this Ordinance are true and
correct.
Section 2.
Section 21.28.140.A. of the Los Angeles County Code, as
heretofore adopted by reference, hereby is amended to read, in
words and figures, as follows:
1121.28.140 Park Fees Required When - Computation
and Use.
A. If all or any portion of the local park
space obligation for a residential subdivision is not
satisfied by the provision of local park space as
required by Section 21.24.350, the following park fees
shall be paid as a condition precedent to final approval
of the subdivision: A base fee equal to the local park
space obligation derived from the equation set forth in
Section 21.24.340, less the amount of park space, if
any, provided by the subdivider pursuant to Section
21.24.350, times the average per -acre fair market value
for the appropriate park planning area. For purposes of
determining the park fee required, the term `Fair Market
Value' shall mean the market value of the land as
determined by the staff of the City of Diamond Bar, and
approved by the Planning Commission or City Council,
prior to the approval of the tentative map. If the
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subdivider objects to such a valuation, the subdivider,
at its own expense, may obtain an appraisal of the
property by a.qualified real estate appraiser approved
by the City whose appraisal may be accepted by the City
if found reasonable. Fair Market Value may be
determined by mutual agreement of City and subdivider;
however, any and all decisions of the City as to Fair
Market Value shall be final and conclusive."
section $.
If any section, sentence, word, clause or phrase of
this Ordinance is, for any reason, held by a court of competent
jurisdiction to be invalid, or is preempted by legislative
action, such decision or legislative action shall not effect the
validity of the remaining portions of this Ordinance. The City
Council of the City of Diamond Bar hereby declares that it would
have passed this Ordinance and each section, sentence, word,
clause or phrase thereof, irrespective of the fact that any one
or more sections, sentences, words, clauses or phrases be
declared invalid or preempted.
section 4.
The City Clerk shall certify to the adoption of this
ordinance and shall cause the same to be posted in three (3)
public places within the City of Diamond Bar pursuant to the
provisions of Resolution 89-6.
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PASSED, ADOPTED AND APPROVED this 7th day of
Novembep 1989.
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 17th day of October , 1989, and
was finally passed at a regular meeting of the City Council of
the City of Diamond Bar held on the 7th day of Novemhe1989,
by the following vote:
AYES: COUNCIL MEMBERS: Forbing, Miller, Werner,
Mayor Pro Tem Horcher and Mayor Papen
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ATTES
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