HomeMy WebLinkAbout26 - PH-1 - Attachment 2 - 8/4/2015ATTACHMENT 2
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, TO IDENTIFY AND DETERMINE A
METHODOLOGY FOR THE CALCULATION OF PARKLAND IMPACT
FEES AND TO ADOPT NEW PARK IMPACT FEES FOR NEW
SINGLE-FAMILY AND MULTI -FAMILY RESIDENTIAL
DEVELOPMENT, INCLUDING APARTMENTS, IN COSTA MESA.
THE CITY COUNCIL OF THE CITY OF COSTA MESA FINDS AND DECLARES AS
FOLLOWS:
WHEREAS, California Government Code Section 66477 authorizes the legislative
body of a City to require the payment of fees in -lieu of the dedication of land for park and
recreation purposes.
WHEREAS, Objective OSR-1A.1 of the Costa Mesa 2000 General Plan establishes
the park land -to -population ratio of 4.26 acres for every 1,000 residents.
WHEREAS, Chapter IX, Subdivisions, of Title 13 of the Costa Mesa Municipal Code
sets forth provisions relating to the dedication of land and collection of park impact fees for
park and recreation purposes.
WHEREAS, Article 5, Section 13-256, Amount of fee in lieu of land dedication, of Title
13 of the Costa Mesa establishes the methodology for calculating parkland in -lieu fees.
Based on this methodology, parkland in -lieu fees would be in excess of $23,000 per unit for
single-family and multi -family residential development for specified residential subdivisions.
WHEREAS, State Law allows Council to adopt reduced parkland impact fees.
WHEREAS, the City Council reviewed the methodology related to calculating the park
impact fees, including a review of historic parkland expenditures, review of historic housing
trends, and consideration of population density standards.
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WHEREAS, a duly noticed public hearing was held by the City Council on July 21,
2015 where public testimony was received for and against the fee methodology and
amended park impact fees.
WHEREAS, Any provision of the Costa Mesa Municipal Code or appendices thereto
inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and or
further, is hereby repealed or modified to the extent necessary to affect the provisions of this
ordinance.
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the
CEQA Guidelines, and the City's environmental procedures, the City Council finds that the
adoption of this ordinance is covered by CEQA General Rule Exemption [Section
15061(b)(3)] which exempts activities that can be seen with certainty to have no possibility for
causing a significant effect on the environment. A significant effect is defined as, "a
substantial, or potentially substantial, adverse change in the physical conditions within the
area," and the adoption of this Ordinance is therefore not subject to CEQA.
WHEREAS, If any provision of clause of this ordinance or the application thereof to any
person or circumstances is held to be unconstitutional or otherwise invalid by any court of
competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications
of this ordinance which can be implemented without the invalid provision, clause or application;
and to this end, the provisions of this ordinance are declared to be severable.
BE IT FURTHER RESOLVED that the new park impact fees shall apply to: (1) Any
live/work or residential development pending ministerial or discretionary application which is
filed on or after the effective day of the resolution or (2) any previously -approved live/work or
residential project which has an expiration date on or after the effective date of the resolution
regardless if a time extension is approved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa hereby finds and determines that the park impact fees shall be calculated based on the
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methodology described in Exhibit A. This methodology also includes the calculation of park
impact fees for apartment projects in the City which do not require a residential subdivision
(i.e. multi -family residences; renter).
BE IT FURTHER RESOLVED that the City Council also hereby adopts new parkland
impact fees as described in Exhibit B.
BE IT FURTHER RESOLVED that park impact fees shall apply to current and pending
as described in Exhibit C.
BE IT FURTHER RESOLVED that the park impact fees shall be updated to ensure it
meets State Government Code 66470 and 66000 in four years but be automatically adjusted
on an annual basis every July using the Los Angeles -Riverside -Orange CO CA Consumer
Price Index to adjust for escalation.
BE IT FURTHER RESOLVED that pursuant to State Law the above -fees shall go into
effect no sooner than 60 days after Ordinance No. is final and effective.
PASSED AND ADOPTED this 4th day of August 2015.
STEPHEN M. MENSINGER
Mayor of the City of Costa Mesa
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