HomeMy WebLinkAbout27 - PH-1 - Attachment 3 - 8/4/2015ATTACHMENT 3
ARTICLE 5. PARK AND RECREATION DEDICATIONS
Sec. 13-250. PURPOSE
The purpose of this article is to establish the procedures for requiring park and
recreational facilities in conjunction with residential developments ("PARK FEES" J.
Sections 13-251 through 13-261 relate to residential _developments which reguire a
subdivision and which shall be subject to State Government Code Section 66410 et seq.
Section 13-261.1 through Section 262.8 refer to multi -family residential developments for
renters ("apartments") which shall be subject to State Government Code Section 66000 et
seq.
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Sec. 13-250.1 SINGLE-FAMILY AND MULTI -FAMILY RESIDENTIAL DEVELOPMENT
WITH SUBDIVISION
Sec. 13-251. REQUIREMENT
Every residential subdivider who creates a subdivision shall be required to dedicate a portion of the land, pay
a fee in lieu thereof, or do a combination of both, as established in this article for the purpose of providing
park and recreational facilities to serve future residents of the subdivision.
Sec. 13-252. APPLICATION
The provisions of this article shall apply to all residential subdivisions, as defined in State Government Code
Section 66410 et seq..
(a) Subdivisions containing fewer than 5 lots and not used for residential purposes shall be exempted
from the requirements of this article. However, a condition may be placed on the approval of the
tentative or parcel map that if a building permit is requested for construction of a residential structure
or structures on one or more of the lots within 4 years, the fee may be required to be paid by the
owner of each such lot as a condition of issuing the permit.
(b) This section does not apply to commercial or industrial subdivisions, or to residential common
interest development projects or stock cooperatives which consist of the subdivision of airspace in
an existing apartment building which is more than 5 years old when no new dwelling units are added.
Sec. 13-253. RELATION OF LAND REQUIRED TO POPULATION DENSITY
Consistent with the General Plan, it is hereby found and determined that the public interest, convenience,
health, welfare and safety require that 5.76 acres of property for each 1,000 persons residing within the City
be devoted to public park and recreational purposes. The requirement will be satisfied in part by
arrangements between the City and the local school district to make available for park and recreation
purposes, 1.5 acres of school sites adjacent to the proposed park for each 1000 persons residing within the
City. The remaining 4.26 acres of the required 5.76 acres shall be supplied as required by this article.
Chapter XI Subdivisions
Park and Recreation Dedications —25—
Sec. 13-254. POPULATION DENSITY
For the purposes of this article, population density shall be established by resolution of the City Council,
utilizing the following classifications:
(a) Single-family residential. Detached single-family homes where there is no more than one dwelling
unit on a lot.
(b) Multiple -family residential. Apartments, common interest developments, townhouses and similar
multiple -family residential developments, including detached single-family homes where there is
more than one dwelling unit on a lot.
(c) Determination of the number of dwelling units. The total number of dwelling units shall be
determined by the number of units proposed for construction. When the actual number of units is
unknown, the number of the units shall be based on the maximum number of units
which are permitted by the General Plan for the property at the time the tentative or parcel map is
filed with the City.
Sec. 13-255. AMOUNT OF LAND TO BE DEDICATED
The amount of land required to be dedicated by a subdivider pursuant to this section shall be based on the
following formula:
A = 4.26(D.F. X D.U.)/1,000
Definition of terms:
A - The area in acres required to be dedicated as park sites or to be appraised for fee payment
in lieu of dedication.
4.26- Number of acres per 1000 persons.
D.F.- Density factor obtained from Section 13-254 POPULATION DENSITY as applicable to the
proposed development.
D.U.- Number of dwelling units.
Sec. 13-256. AMOUNT OF FEE IN LIEU OF LAND DEDICATION
(a) Where there is no public park or recreation facility required within the proposed subdivision, or where
the subdivision contains 50 lots or fewer, the subdivider shall pay a fee in lieu of land dedication
reflecting the value of land required for park and recreation purposes in accordance with the
schedule of fees as adopted by resolution of the City Council. This fee shall reflect the average fair
market value of neighborhood and community park land within the City. The fair market value shall
be determined by an appraisal of at least one neighborhood park site and one community park site.
The appraisal shall be conducted by an M.A.I. appraiser and shall consider the factors set forth in
subsection (e), where applicable to the appraisal of public park land.
(b) Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation
purposes in subdivisions of 50 lots or fewer, where the subdivider proposes the dedication voluntarily
and the land is accepted by the City Council.
(c) When a common interest development project, stock cooperative, or community apartment project
exceeds 50 dwelling units, the City may elect to require dedication of land notwithstanding that the
number of lots may be 50 lots or fewer.
(d) For subdivisions in excess of 50 lots, the City Council may elect to receive a fee in lieu of land
dedication. The amount of such a fee shall be based upon the fair market value of land which would
Chapter XI Subdivisions
Park and Recreation Dedications ^�
otherwise be required for dedication. The fair market value shall be determined by an M.A.I.
appraiser acceptable to the City and at the expense of the developer as set forth in subsection (e). If
more than one year elapses between the appraisal and recording of the final map, the City shall have
prepared a new appraisal and shall invoice the subdivider for the cost of the appraisal.
(e) For purposes of this section, the determination of the fair market value of neighborhood and
community park land or unimproved residential land which would otherwise be required for
dedication shall be determined by an M.A.I. appraiser acceptable to the City and shall consider, but
not necessarily be limited to, the following:
(1) The value of the unimproved residential land by residential density shown on the tentative
subdivision map at the time the final map is to be recorded;
(2) Approval of and conditions of the tentative subdivision map;
(3) The General Plan land use designation of the property;
(4) The zoning classification of the property;
(5) Property location;
(6) Off-site improvements facilitating use of the property; and
(7) Site characteristics.
(f) If the subdivider objects to the amount of the fee pursuant to this section, an appeal may be made to
the City Council by filing an application of appeal with the City Clerk and payment of an appeal
processing fee as determined by the City Council. A notice of appeal shall be filed with the City Clerk
within 7 days of payment of the in -lieu fee. The subdivider shall have the burden of proof in
contesting the amount of the fee. Within 30 days of receipt of the notice of appeal, a public hearing
on the appeal shall be held by the City Council, and the decision shall be final and conclusive in
determining the amount of the fee.
(g) The fee shall be paid to the Development Services Department and shall be deposited and held in
appropriate trust accounts and may be expended therefrom only for the purpose of developing new
or rehabilitating existing neighborhood or community park or recreation facilities to serve the
subdivision on which the fee is charged. Upon receipt of the fee, the Development Services
Department shall issue a receipt, and the receipt shall be presented as proof of payment of the fee
prior to the issuance of any permit for buildings and structures pursuant to this Zoning Code.
(h) In order that the fees levied pursuant to subsection (a) keep pace with the cost of
land, the fee schedule described in subsection (a) shall be periodically adjusted on
a biennial basis, or as specified by City Council by resolution. The fee schedule
shall be adjusted using the methodology described in subsection (a) for
establishing the fee schedule.
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(i) Upon application to the
dedication pursuant to
findings:
Chapter XI Subdivisions
Park and Recreation Dedications
Development Services Department, the payment of the fee in lieu of land
this section may be deferred where the department makes the following
_25-
(1) The subdivider has entered into a fee agreement with written evidence of adequate security
to assure payment of the fee at a date prior to the issuance of a certificate of occupancy,
and in a form approved by the City Attorney; and
(2) The deferral of the fee shall not adversely impact the development of new or the
rehabilitation of existing
neighborhood or community park or recreational facilities to serve the subdivision.
Sec. 13-257. COMBINATION OF LAND AND FEE
In determining whether a subdivider shall dedicate land, pay a fee in lieu of land dedication, or a combination
of both, the following procedure shall be used:
(a) Subdividers required to or desiring to dedicate property for park and recreational purposes shall,
upon filing a tentative map for approval, check with the City to determine whether their property has
been designated for a park site in the General Plan. If a subdivider's property is so designated, the
subdivider shall coordinate with the necessary departments to incorporate the park sites(s) into the
property's development plan.
(b) If the subdivider's property is not so designated, and a school site is proposed within or in proximity to the
property, a park site adjacent to the school site shall be developed and the subdivider shall coordinate
with the necessary departments to incorporate the park site(s) into the property's development plan.
Sec. 13-258. ACTION OF CITY
(a) At the time of tentative or parcel map approval, the Planning Commission shall determine whether to
require dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of
both.
(b) Determination: Whether the City accepts land dedication, requires payment of fees in lieu thereof, or
a combination of both, shall be determined by consideration of the following factors:
(1) The Open Space Sub -Element of the General Plan.
(2) Provisions of Sections 13-256 AMOUNT OF FEE IN LIEU OF LAND DEDICATION, and 13-
257 COMBINATION OF LAND AND FEE, of this article.
(3) Topography, geology, access and location of land in the subdivision available for dedication.
(4) Size and shape of the subdivision and the land available for dedication.
(c) The determination of the City that land shall be dedicated or a fee paid in lieu thereof, or a
combination of both, shall be final and conclusive.
Sec. 13-259. PROCEDURES, CREDITS
(a) Procedures. When land dedication is required, it shall be accomplished in accordance with the
provisions of the Subdivision Map Act and applicable local ordinances. When fees are required, the
same shall be deposited with the Development Services Department prior to recordation of the map
or issuance of building permits.
(b) Credits. Credits against the amount of land to be dedicated or the amount of fees to be paid in lieu
of dedication shall be granted as follows:
(1) Existing dwelling units: Credit shall be granted for dwelling units demolished as a part of the
development of the subdivision. This credit shall be limited to the number of units existing at
the time of the approval of the project and shall not be transferred to other subdivisions.
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Park and Recreation Dedications �� `
(2) Privately developed, owned and maintained open space: Where private facilities for park
and recreational purposes are provided in a proposed subdivision and the facilities are to be
privately owned and maintained by the future residents of the subdivision, the areas
occupied by the facilities shall be credited against the requirement of dedication of land for
park and recreation purposes or the payment of fees in lieu thereof, to the extent that the
Planning Commission finds it is in the public interest to do so and that the following
standards are met:
a. That each facility is available for use by all the residents of the subdivision;
b. That the area and the facilities satisfy the recreation and park needs of the
subdivision so as to reduce the need for public recreation and park facilities to serve
the subdivision residents;
C. That the area provided is in excess of the minimum amount of open space required
for the subdivision;
d. That the area provided in excess of required open space is not used as a credit or
bonus incentive as provided in other sections of this Zoning Code; and
e. That the area provided is of sufficient size, location and design to facilitate functional
use of the area to meet the park and recreation demands of the future subdivision
residents.
(3) Credits shall be granted, dollar for dollar, for the value of park and recreational area and
other improvements as approved by the Planning Commission. The value of the facilities
shall be established by written documentation of the actual acquisition cost of the facilities
paid by the subdivider.
(c) Previous fees. Credit shall be granted, dollar for dollar, for any park and recreation fees paid for the
property pursuant to this Zoning Code within the preceding 5 years.
(d) Improvements to dedicated land. Credit shall be granted, dollar for dollar, if the subdivider
provides park and recreation facilities and/or improvements to land dedicated for park and recreation
purposes. The value of the facilities and/or improvements shall be established by written
documentation of the actual acquisition cost of the facilities or construction costs of the
improvements paid by the subdivider.
(e) Limitation on credits. The maximum amount of credits provided by this section shall not exceed
100% of the calculated fee in lieu of land dedication.
(f) Transfer of credits. Credits provided by this section shall not be transferred or assignable to apply
to property outside of the subdivision awarded the credit.
(g) The granting of credits. Pursuant to Section 13-259(b) PROCEDURES AND CREDITS, credits
shall be granted subject to the following conditions:
(1) The private ownership and maintenance of the facilities shall be adequately provided for by
written agreement in a form acceptable to the City Attorney;
(2) The use of the private facilities is restricted for park and recreational purposes by recorded
covenants which run with the land in favor of the future owners of property within the
subdivision and which cannot be defeated or eliminated without the consent of the City
Council;
(3) The proposed private facilities are reasonable and adaptable for use for park and
recreational purposes taking into consideration such factors as size, shape, topography,
geology, access and location of the private open space land; and
(4) The facilities proposed are in substantial accordance with the General Plan.
Chapter XI Subdivisions
Park and Recreation Dedications —2q—
(h) Additional credits. In lieu of the dedication of land for park and recreation purposes or the payment
of a fee, the Development Services Director, with the approval of the Planning Commission may
permit the following:
(1) Dedication of land for park or recreation purposes outside of the subdivision;
(2) Improvements to be made to an existing City park or upon land being dedicated as a public
park;
(3) Recreational facility to be installed upon land being dedicated as a City park; or
(4) Any combination of 1, 2, or 3, above, provided that the land to be dedicated, the
improvements to be made or the facilities to be installed or constructed are so located as to
bear a reasonable relationship to the use thereof by future inhabitants of the subdivision.
The dedication of land or providing of improvements or facilities may only be used as a credit against
the otherwise required dedication or fee to the extent of the value of the land, improvements or
facilities as determined by the Planning Commission to be equal to or greater than the value of the
land which would have been dedicated or the fee which would be paid pursuant to Section 13-256
AMOUNT OF FEE IN LIEU OF LAND DEDICATION.
Sec. 13-260. STATEMENT OF CITY RESPONSIBILITY
The City shall comply with all requirements of State Government Code Section 66477 with regard to
acceptance and use of land dedicated or fees paid for park and recreational purposes.
Sec. 13-261. PARK AND RECREATION FEE IN LIEU OF LAND DEDICATION NOTICE
Where the residential subdivision contains 50 lots or fewer, the Development Services Department shall affix
to any permit for buildings or structures and any vesting tentative map issued pursuant to this Zoning Code
located within the subdivision a notice to read as follows:
PARK AND RECREATION FEE IN LIEU OF LAND DEDICATION NOTICE:
The City of Costa Mesa is giving consideration to enactment of a resolution or ordinance, or
a combination thereof, for the increase in the park and recreation fees in lieu of land
dedication pursuant to Section 13-256(a) AMOUNT OF FEE IN LIEU OF LAND
DEDICATION, and State Government Code Section 66477. The owner of the project
designated in this permit or vesting tentative map shall be obligated to pay to the
Development Services Department a park and recreation fee in lieu of land dedication if
such a fee is adopted in the future by the City of Costa Mesa. The fee will only be used for
the purpose of developing new or rehabilitating existing neighborhood or community park or
recreational facilities to serve the subdivision.
Sec. 13-261.1 MULTI -FAMILY RESIDENTIAL DEVELOPMENT FOR RENTERS
(APARTMENTS)
Sec. 13-261.2 REQUIREMENT
Every residential developer who creates a multi -family residential development for renter
households ("apartments") shall be required to remit a park fee as established in this
section for the purpose of providing_ park and recreational facilities to serve the future
residents of the apartments.
Chapter XI Subdivisions
Park and Recreation Dedications 2g
Sec. 13-261.3. APPLICATION
The provisions of this article shall apply to all residential developments, which are not
subdivided and subject to State Government Code Section 66000 et. sea.
Sec. 13-261.4 RELATION OF LAND REQUIRED TO POPULATION DENSITY
Consistent with the General Plan, it is hereby found and determined that the public
interest, convenience, health, welfare and safety require that 4.26 acres of property for
each 1,000 persons residing within the City be devoted to public park and recreational
purposes.
13-261.5 POPULATION DENSITY
For the purposes of this section, population density shall be established by resolution of
the City Council. utilizing the following classifications:
(e) Apartments Any building or portion thereof or collection of buildings which
provide two or more self-contained dwelling units not designated for
separate ownership.
(f) Small Multiple -Family_ residential, renter. Apartments and other multiple -
family residential developments, with less than 50 units, where the units are
for rent and are not leaallv subdivided for homeownership.
(g) Large Multiple -Family residential, renter. Apartments and other multiple -
family residential developments, with 50 units or more, where the units are
for rent and are not legally subdivided for homeownership.
(h) Determination of the number of dwelling units. The total number of
dwelling units shall be determined by the number of units proposed for
construction. When the actual number of units is unknown, the number of
the units shall be based on the maximum number of units which are
permitted by the General Plan for the property at the time the tentative or
parcel map is filed with the City.
Sec. 13-261.6 PARK FEE FORMULA FOR APARTMENTS
The amount of park fee reauired pursuant to this section shall be based on the followi
formulas:
For Apartment protects with less than 50 units:
Use the fee assigned to multi -family subdivided developments in Sec. 13-255
For Apartment projects with 50 units or more:
= 4.26 (D.F. x D.U. x P.C.) / 1.000
Definition of terms:
FEE — The per unit cost to be appraised for fee paw
Chapter XI Subdivisions
Park and Recreation Dedications ,2n
4.26- Number of acres per 1000 persons.
A.D.F. - Apartment densitv factor obtained from Section 13-261.5
POPULATION DENSITY as applicable to the proposed development.
D.U. - Number of dwellina units.
P.C. Proportionate cost is the sum of the weighted cost of park land acquisition
per acre of land and cost of construction per acre of land.
Sec. 13-261.7. AMOUNT OF PARK FEE FOR APARTMENTS
(i) The park impact fee for apartments must meet all benefit requirements for State
Government Code Section 66000 as follows:
(6) Identifies the purpose of the fee:
(7) Identifies the use to which the fee is applied;
(8) Shows a reasonable relationship between the use of the fee and the
type of development proiect on which the fee is imposed;
(9) Demonstrates a reasonable relationship between the need for the public
facilities and the type of development proqects on which the fee is
imposed; and
(10) Demonstrates a reasonable relationship between the amount of the
fee and the cost of the public Facilities or portion of the public facilities
attributable to the development on which the fee is imposed.
(j) Nothing in this section shall prohibit the dedication and acceptance of land for park
and recreation purposes where the developer proposes the dedication voluntarily
and the land is accepted by the City Council at their discretion. When land
dedication is provided, it shall be accomplished in accordance with the provisions
of the Subdivision Mag Act and applicable local ordinances.
(k) If the developer objects to the amount of the fee pursuant to this section, an
appeal may be made to the City Council by filing an application of appeal with the
City Clerk and payment of an appeal processing, fee as_determined by the City
Council. A notice of appeal shall be filed with the City Clerk within 7 days of
payment of the fee. The developer shall have the burden of proof in contesting the
amount of the fee. Within 30 days of receipt of the notice of appeal, a public
hearing on the appeal shall be held by the City Council, and the decision shall be
final and conclusive in determining the amount of the fee.
(1) The tee shall be to the Development Services Department and shall be
deposited and held in appropriate trust accounts and may be expended therefrom
Chapter XI Subdivisions
Park and Recreation Dedications —50,
only for the purpose of developing new or rehabilitating existing neighborhood or
community park or recreation facilities to serve the development on which the fee
is charged. Upon receipt of the fee, the Development Services Department shall
issue a receipt, and the receipt shall be presented as proof of payment of the fee
prior to the issuance of any permit for buildings and structures pursuant to this
Zoning Code.
(m)ln order that the fees levied pursuant to subsection (a) keep pace with the cost of
land, the fee_schedule_described in subsection (a) shall be periodically adjusted on
a biennial basis, or as specified by City Council by resolution. The fee schedule
shall be adiusted using the methodology described in subsection (a) far
establishina the fee schedule.
(n) Upon application to the Development Services Department, the payment of the fee
may be deferred where the department makes the following findings:
(1) The developer has entered into a fee agreement with written evidence of
adequate security to assure payment of the fee at a date prior to the
issuance of a certificate of occupancy, and in a form approved by the City
Attorney: and
(2) The deferral of the fee shall not adversely impact the development of new
or the rehabilitation of existina neiahborhood or community park or
recreational facilities to serve the development.
Sec. 13-261.8 PROCEDURE, CREDIT
Procedure. When fees are required, the same shall be deposited with the
Development Services Department prior to issuance of building permits.
Credit. Credit shall be granted for dwelling units demolished as a cart of
the development. This credit shall be limited to the number of units existing at the
time of the approval of theproject and shall not be transferred to other
developments. A second dwelling unit legally established in conjunction with and
subordinate to a primary dwelling unit in an R1 zone (i.e. accessory apartment,
granny unit, granny flat, or in-law apartment) shall not be subiect to the park fee.
Chapter XI Subdivisions
Park and Recreation Dedications I
Chapter XI Subdivisions
Park and Recreation Dedications 32