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Home My WebLink About80-03 Permit Credit for Privately Developed, Owned, and Maintained Public Open SpaceORDINANCE NO. SO - 3 AN ORDINANCE OF THE CITY C.'OUNCIL OF THE CITY OF COSTA M} SA, CALIFORNIA A?,'0iDING TITLE 13, SECTIONS 407 & 493 OF DIL MUNICIPAL CUDL Tu PEitk;IT CREJiT FOR PRIVATELY DEVELOPED, CJNED, AND MAINTAINED PUBLIC OPEN SPACE IN LIEU OF LAND DEDICATION OR PAYMENT OF FEES FOR PARK PURPOSES THL CITY COUNCIL OF THi; CITY OF COSTA MESA DOES HEREBY ORDAIN AS FULL04S: SECTION 1: The City Council of the City of Costa Mesa hereby finds and as iu� JWL� : 1. That increasing pressures and demands are are being made on limited public resources. 2. That dedication of public parkland has substantial long-term economic impacts on the City of Costa Mesa due to maintenance costs. 3. That there are alternative mechanisms for providing public open space without the traditional public costs related to maintenance. 4. That existing requirements and standards are inflexible and do not permit the City Council to consider these alternative mechanistis for providing public open space. 5. That these revised regulations are necessary and proper to accomplish the purpose and intent of praroting the general health, safety, and general welfare of the public. ACCORDINGLY, The City Council of the City of Costa Mesa herewith amends Title 13 of the Costa Mesa Municipal Code as t-ereinafter set forth: CHAPTER II ARTICLE 26 §13-407 - Credits Credit for privately developed, owned, and maintained public open space: Qa When a developnent plan proposes land for public use which will be ov.me l an'l maintained by an association of owners, credit may be given for supplying all or a portion of the land dedication for park and recreational purposes required by this article if said public use areas are improved with landscap- llkJ, b1CyCiL tl o11S, irriyation system, s and/Or Otl]Lt 11ilPrOvk--,�;1t aCCCt�taf It to t1i� Lklsur(- SCI J10E S all"A DevClot7�tCnt Sur ices DirCCtors. all')cat1�i for- such use shall be of appropriate size and location to facilitate public access and use and shall be accepted at the discretion of the City Council. Tfie proposal to provide land for such use shall be aces <<>a�iie_l b_,' sufficient ilnple�nenting rnechanisrns, acceptable to the Cit- Attorney and Development Services Director, to insure the right of continued puhl.ic access and use and the continued ownership and maintenance of such areas by the association of owners. Said public use areas shall not be used in the calculation of open space and shall be excluded from the net acreage of the development site when calculating the permitted building cuveraye of the project. Density credit may be granted for areas devoted to public use if the City Council finds that the public use areas are readily accessible and visible to the general public, are integrated into the community by use of landscape materials and design features compatible with adjacent public,and/or private open space, and finds that the project is characterized by distinctive design including site planning, architectural treatment, and landscaping, which exhibit a concern for all design principles and elements such as balance, scale, form, and texture. SECTION 3: CHAPTER III ARTICLE 5 50a §13-493 - Procedures, Credits. (a) Procedures: Whe:; de.iicdtion is reyuireu it shoulu be acccanplisf,eu in accordance wit-ii the provisions of the Subdivision Map Act and local ordinances applicable. T.-":, .TtcL:; at r�'j.;lil'.:, U1(- Said - Shall ki_ Cjl'?XiSlti_ v it!, t! it- plcalnin wl 1 DiVisior. prior to issuances of buil:jin� peri,iits. (b) Credit for privately owned, and maintainer', public open When a development plan proposes land for public use which will be owned and maintained by an association of owners, credit may be given for supplying all or a portion of the land dedication for pari: and recreational purposes required by this article if said public use areas are improved with landscap- ing, walkways, bicycle trails, irrigation systems, and/or other improvements acceptable to the Leisure Services and Development Service Directors. The land allocated for such use shall be of appropriate size and location to facilitate public access and use and shall be accepted at the discretion of tl,,.;: City Council. The proposal to provide land for such use shall be accom- panied by sufficient implementing mechanisms, acceptable to the City Attorney and Development Services Director, to insure the right of continued public access and use and the continued ownership and maintenance of such areas by the association of owners. Said public use areas shall not be used in the calculation of open space and shall be excluded from the net acreage of the development site when calculating the permitted building coverage of the project. Density credit may be granted for areas devoted to public use if the City Cbuncil finds that the public use areas are readily accessible and Qcm visihle to the general puhlic, are integrated into tiie cm -,)unity �Yy uFf- -)f- landscape flandscape materials and design features compatible with adjacent pu:-iii pcivdtk-: opeli speak:,., and finds that tine pr')jest is ciiardctrriL(:« vY distinctive design including site planning, architectural treatment, and fui_ SUC'_ aF- scall-, for-" an-] teXturr . SEC'i'I(Y.; 4: 11his ordinance shall take effect an(? be i:� force and efbtct thirty (30) days frau and after its passage, and shall be published once in the Orange Coast Daily Pilot, a newspaper of general circulation printed and putr lisp ? in. the Cite of i��sta ?�1-sa, together with the ►lanes o{ the nem: ,r- of t�: City Council voting for and against the same. PASSED AND ADOPTED this day of , 1980. ATTEST: C;) 6�4�� 4.A.A. City Clerk of the City of Costa Me Mayor of the City o Cosa Mesa am APPROVED AS TO FORM: City Attorney Assis nt Planning Director STATE OF CALIFORNIA OF OTT! O ri, CITY OF COSTA MESA I, EILEEN P. Council of the City of Ordinance No. $o- 3 reqLUar meeting of said 19 -XV, and thereafter pa Council held on the call vote: PHINNEY, City Clerk and ex -officio Clerk of the City Costa Mesa, hereby certify that the above and foregoing was introduced and considered section by section at a City Council held on the I/,& day of , ssed and adopt d as a whole at a regulameeting said - day of 19X9, by ge folio ' g roll AYES: COUNCIMEMBERS: NOES: COUNC I LMEMBERS : ABSENT: COUNCILMEMBERS: j44jk-1.7 Jaq.a"�? &!;6') 44-tt- IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of 196. 9 C�IZL�� City'Clerk and ex -officio Clerk of City Council of the City of Costa h a -5-