HomeMy WebLinkAbout89-28 Concerning Park Dedications and Payment of In-Lieu FeesORDINANCE NO. 89- ZP
AN ORDINANCE OF THE CITY COUNCIL OF.THE CITY
OF COSTA MESA, CALIFORNIA, CONCERNING PARR
DEDICATIONS AND PAYMENT OF IN -LIEU FEES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1.
1. The City Council finds and declares that:
a. The Subdivision Map Act (Section 66410 et seq. of the
California Government Code) provides authority for cities
to require the dedication of land, or payment of fees in
lieu thereof, for park and recreational purposes as a
condition to the approval of a tentative or parcel map.
b. The City of Costa Mesa adopted Ordinance No. 72-44 to
establish the requirement for dedication of parkland or
payment of fees in lieu thereof.
C. It is necessary to amend the City's park dedication
ordinance to allow in -lieu fees to more closely reflect
current costs of land acquisition and improvement.
ACCORDINGLY, the City Council of the City. of Costa Mesa hereby
amends Title 13 of the Costa Mesa Municipal Code as hereinafter set
forth:
Section 2.
CHAPTER II. ZONING
ARTICLE 26. CAPITAL OUTLAY PARR AND RECREATION ACCOUNT (Delete)
Sec. 13-397 through 13-409. (Delete)
CHAPTER 3. SUBDIVISIONS
ARTICLE 5. PARK AND RECREATION DEDICATIONS
Sec. 13-484. Reserved.
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Sec. 13-485. Subdividers must provide park and recreational
facilities.
Every residential subdivider who subdivides land shall
dedicate a portion of such land, pay a fee in lieu thereof, .or do
a combination of both, as set forth in this article for the purpose
of providing park 'and recreational facilities to serve future
residents of such subdivision.
Sec. 13-486. Application.
The provisions of this article shall apply to all residential
subdivisions, as that phrase is defined in Section 66410 et seq.,
of the Government Code of the State of California.
(a) Subdivisions containing fewer than five parcels 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 such 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 parcels within four years, the fee may be required
to be paid by the owner of each such parcel as a
condition to the issuance of such permit.
(b) This section does not apply to commercial or industrial
subdivisions or to condominium projects or stock
cooperatives which consist of the subdivision of airspace
in an existing apartment building which is more than five
years old when no new dwelling units are added.
Sec. 13-487. Relation of land required to population density.
Consistent with the Costa Mesa General Plan, it is hereby
found and determined that the public interest, convenience, health,
welfare and safety require that four (4) acres of property for each
one thousand (1,000) persons residing within the City be devoted
to public park and recreational purposes. Such requirement will
be satisfied in part by arrangements between the City and the local
school districts to make available, for park and recreation
purposes, one and one-half (1-1/2) acres of school sites adjacent
to the proposed park for each one thousand (1,000) persons residing
within the City. The remaining two.and one-half (2-1/2) acres of
the required four (4) acres shall be supplied as required by this
article.
Sec. 13-488. Population density.
For the purposes of this article, population density shall be
established by resolution of the City Council, utilizing the
following classifications:
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(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, condominiums,
townhouses and similar multiple -family residential
developments, including detached single-family homes
where there is more than one dwelling unit on a lot.
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 such units shall be based on the maximum
number of units which are permitted by the City General Plan for
the property at the time the tentative or parcel map is filed with
the City.
Sec. 13-489. Amount of land to be dedicated.
(a) 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 = 2.5 (D.F. x D.U.)/1,000
(b) 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.
D.F. - Density factor obtained from Section 13-488 as
applicable to the proposed development.
2.5 - Number of acres per 1,000 persons.
Sec. 13-490. Amount of fee in lieu of land dedication.
(a) When there is no public park or recreational facility
required within the proposed subdivision, or where the
subdivision contains fifty (50) or fewer parcels, the
subdivider shall pay a park fee reflecting the value of
land required for park purposes in accordance with the
schedule of fees as adopted by resolution of the City
Council. This fee schedule shall reflect the current
average market value of residential property by General
Plan density category.
(b) Nothing in this section shall prohibit the dedication and
acceptance of land for park and recreation purposes in
subdivisions of fifty (50) or fewer parcels, where the
subdivider proposes such dedication voluntarily and the
land is accepted by the City Council.
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(c). When a condominium project, stock, cooperative, or
community apartment project exceeds fifty (50) dwelling
units, the City may elect to require dedication of land
notwithstanding that the number of parcels may be fifty
(50) or less.
(d) For subdivisions in excess of fifty (50) parcels, the
City may elect to receive a fee in -lieu of land
dedication. The amount of such fee shall be based upon
the fair market value of the amount of land which would
otherwise be required for dedication. The fair market
value shall be determined by an MAI appraiser acceptable
to the City and at the expense of the developer; and the
determination shall consider the value of a buildable
acre of land at the time the final map is to be recorded,
as if otherwise the land would be fully developed to the
residential density shown on the tentative map for which
the fees are required. If more than one (1) 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 reappraisal.
For purposes of this article, the determination of the
fair market value of a buildable acre shall consider, but
not necessarily be limited to, the following:
a. Approval of and conditions of the tentative
subdivision map
b. The General Plan land use designation of the
property
C. Zoning of the property
d. Property Location
e. Off-site improvements facilitating use of the
property
f. Site characteristics of the property. If the
subdivider objects to the fair market value as
determined by the MAI appraiser, an appeal may be
made to the City Council. The subdivider shall have
the burden of proof in contesting the appraised
value. The decision of the City Council shall be
final and conclusive in determining property value.
Sec. 13-491. Combination of land and fee.
In determining whether a subdivider shall dedicate land, pay
a fee in lieu thereof, or a combination of both, the following
procedure shall be used: Subdividers required to or desiring to
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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 City's General Plan. If a subdivider's property is so
designated, the subdivider shall coordinate with the necessary
departments to incorporate the park site(s) into the property's
development plan. If the subdivider's property is not so
designated, and a school site is proposed within or in proximity
to said property, a park site adjacent to said 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. 13-492. 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 element of the City's General Plan.
(2) Provisions of Sections 13-490 and 13-491 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. 13-493. Procedures, credits.
(a) Procedures. When dedication is required it should 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. Credit for privately developed, owned and
maintained public open spaces: When a development plan
proposes land for public use which would be owned and
maintained by an association of owners, credit may be
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given for supplying all or a portion of the land
dedication- for park and recreation purposes if said
public -use area is improved to the satisfaction of the
Leisure Services and Development Services Directors. The
land allocated for such use shall be of appropriate size
and location to facilitate public access and use, and may
only be accepted at the discretion of the City Council.
(1) A proposal to provide privately -owned and maintained
land for public use shall be accompanied by
sufficient implementing mechanisms acceptable to the
City Attorney and Development Services Director, to
ensure 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
area shall not be used in the calculation of
required open space for the development and shall
be excluded from the net acreage of the development
site when calculating the permitted building
coverage of the project.
(2) Density credit may be granted for an area devoted
to public use if the City Council finds that the
public use area is readily accessible and visible
to the general public, is 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.
(c) If the subdivider provides park and recreational
improvements to the dedicated land, the value of the
improvements together with any equipment located thereon
shall be a credit against the payment of fees or
dedication of land required by this article.
Sec. 13-494. Statement of City responsibility.
The City shall comply with all requirements of California
Government Code Section 66477 with regard. to acceptance and use of
land dedicated or fees paid for park and recreational purposes.
Section 3.
This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published
once in the ORANGE COAST DAILY PILOT, a newspaper of general
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circulation, printed and published in the City of Costa Mesa or,
in the alternative, the City Clerk may cause. to be published a
summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance, and within
fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office
of the City Clerk a certified copy of this Ordinance together with
the names of the members of the City Council voting for and against
the same.
PASSED AND ADOPTED this oZ. day of V'[i� '19-9.
ATTEST:
&�� 9. G���
City Clerk of the City of
Costa Mesa
APPROVED AS TO FORM:
&e-�� I -
City Attorney
r6
Mayor of the C*Y of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY,.City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 89-28 was introduced and
considered section by section at a regular meeting of said City
Council, held on the 18th day of September, 1989, and thereafter
passed and adopted as a whole at a regular meeting of said Council
held on the 2nd day of October, 1989, by the following roll call
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Buffa, Amburgey, Genis, Glasgow
None
Hornbuckle
IN WITNESS WHEREOF, I have hereby set my hand and affixed the
Seal of the City of Costa Mesa this 3rd day of October 1989.
City ty Clerk and ex -officio Cl k
of the City Council of the ty
��- of Costa Mesa
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