HomeMy WebLinkAbout66-42 Regulations to Dedicate LandORDINANCE No. 66-42
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF
FEES, OR BOTH FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS.
The City Council of the City of Costa Mesa does hereby ordain as follows:
SECTION 1. RECITALS. That the City Council of the City of Costa Mesa,
does hereby find, determine and declare as follows:
(a) In 1965, the Legislature of the State of California amended the
Subdivision Man Act (Section 11546 of the Business and Professions
Code) so as to enable cities and counties to recuire either the
dedication of land, the payment of fees, or a combination of both,
for park or recreational purposes as a condition of approval of
a subdivision map; and
(b) Before a city or county may avail itself of said Act, it must have
a general plan containing a recreational element with definite
principles and standards for the park and recreational facilities
to serve the residents of the city or county; and
(c) The City Council of the City of Costa Mesa has adopted a general
plan containing such recreational element.
SECTION 2. SUBDIVIDERS MUST PROVIDE PARK AND RECREATIONAL FACILITIES.
Every subdivider who subdivides land shall dedicate a portion of such land,
pay a fee, or do both, as set forth in this Ordinance for the purpose of
providing park and recreational facilities to serve future residents of
such subdivision.
SECTION 3. APPLICATION. The provisions of this Ordinance shall apply
to all subdivisions, as that phrase is defined in Section 11500 et seq. of
the Business and Professions Code of the State of California, except
subdivisions for which tentative subdivision maps have been filed within
thirty (30) days after the effective date of this Ordinance and industrial
subdivisions.
In the case of four or less lots or parcels as designated by the
Parcel Map Act, the applicant shall be given credit for one lot without
charge, and there shall be a maximum charge of $50.00 per lot for each
of the remaining lots.
SECTION 4. RELATION OF LAND REQUIRED TO POPULATION DENSITY. It is
hereby found and determined:
(a) 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 this City, be
devoted to park and recreational purposes.
(b) That said requirement will be satisfied in part by cooperative
arrangements between the City and the local school districts
as well as the Costa Mesa Parks and Recreation District to
make available one and one-half (1 1/2) acres of property for
each one thousand (1,000) persons residing within the City for
park and recreation purposes.
(c) That the remainder of the required four (4) acres shall be
supplied by the requirements of this Ordinance and the recreation
program of the City.
SECTION 5. POPULATION DENSITY. Population density for the purpose of
this Ordinance shall be determined in accordance with the 1960 Census of
Population on Housing as follows:
(a) Single family dwelling units, and duplexes - 3.1 per dwelling unit;
and
(b) Multiple family dwelling units = 2.1 persons per dwelling unit.
The basis for determining the total number of dwelling units shall be
the number of such units permitted by the City on the property inc]vded
in the subdivision at the time the final subdivision tract map is filed
with the City Council for approval.
SECTION 6. AMOUNT OF LAND TO BE DEDICATED. The amount of land required
to be dedicated by a subdivider pursuant to this Ordinance
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shall be based on the gross area included
determined by the following i-,rmula:
DENSITY FORMULA
Net density per dwelling unit
in the subdivision,
Percentage of the
gross area of the
subdivision required
when park land is
dedicated
1 dwelling unit per acre or more
0.60%
1 dwelling unit per 1/2 to 1 acre
1.20%
1 dwelling unit per 10,000 sq. ft. to
1/2
acre 1.73%
1 dwelling unit per 9,000 to 9,999 sq,
ft.
2.70%
1 dwelling unit per 8,000 to 8,999 sq.
ft.
3.01%
1 dwelling unit per 7,000 to 7,999 sq.
ft.
3.40%
1 dwelling unit per 6,000 to 6,999 sq.
ft.
3.90%
1 dwelling unit per 5,000 to 5,999 sq.
ft.
4.58%
10 to 19 dwelling units per acre
5.79%
20 to 29 dwelling units per acre
9.30%
30 to 39 dwelling units per acre
12.56%
40 to 49 dwelling units per acre
15.58%
50 to 59 dwelling units per acre
16.40%
60 to 69 dwelling units per acre
21.05%
70 to 79 dwelling units per acre
23.54%
80 to 89 dwelling units per acre
25.85%
90-99 dwelling units per acre
26.00%
100 dwelling units and over per acre
29.07%
K,
SECTION 7. AMOUNT OF FEE IN LIEU OF LAND DEDILCATION.
Where a fee is required to be paid 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 to be dedicated
pursuant to SECTION 6 hereof. The amount of such fee shall be a
sum equal to the fair market value of the amount of land required
in accordance with the following formula:
FEE FORMULA
Net Density per dwelling unit Sq. ft. of park land
required per gross
acre of subdivision
1 dwelling unit per acre or moreq
262
1 dwelling unit per 1/2 to 1 acre
527
1 dwelling unit per 10,000 sq. ft,
to 1/2
acre 767
1 dwelling unit per 9,000 to 9,999
sq. ft.
1,209
1 dwelling unit per 8,000 to 8,999
sq. ft.
1,350
1 dwelling unit per 7,000 to 7,999
sq. ft.
1,532
1 dwelling unit per 6,000 to 6,999
sq. ft.
1,768
1 dwelling unit per 5,000 to 5,999
sq, ft.
2,090
10 to 19 dwelling units per acre
2,680
20 to 29 dwelling units per acre
4,466
30 to 39 dwelling units per acre
6,257
40 to 49 dwelling units per acre
8,039
50 to 59 dwelling units per acre
9,825
60 to 69 dwelling units per acre
11,611
70 to 79 dwelling units per acre
13,408
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Fee Formula (Continued)
Sq. Ft. of park land
Net density per dwelling unit required per gross
acre of subdivision
80
to 89
dwelling
units per acre
15,185
4
90
to 99
dwelling
units per acre
16,969
100 dwelling units and over per acre 17,851
"Fair market value" shall be determined as of the time of filing
the final map in accordance with the following:
(a) The fair market value as determined by the City
Council based upon the then assessed value, modified to equal
market value in accordance with current practice of the county
assessor; or
(b) If the subdivider objects to such evaluation he
may, at his expense, obtain an appraisal of the property by a
qualified real estate appraiser approved by the City, which ap-
praisal may be accepted by the City Concil if found reasonable; or
(c) The city and subdivider may agree as to the fair
market value.
SECTION 8. CREDIT FOR PRIVATE OPEN SPACE. Where private
open space for park and recreational purposes is provided in a
proposed subdivision and such space is to be privately owned and
maintained by the future residents of the subdivision, such areas
shall be credited against the requirement of dedication for park
and recreation purposes, as set forth in SECTION 6 hereof, or the
payment of fees in lieu thereof, as set forth in SECTION 7 hereof,
provided the City Council finds it is in the public interest to
do so, and that the following standards are met:
(a) That yards, court areas, setbacks and other open
areas required to be maintained by the zoning and building regu-
lations shall not be included in the computation of such private
M7=
open space; and
(b) That the private ownership and maintenance of the
open space is adequately provided for by written agreement ; and
(c) That the use of the private open space 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
tract and which cannot be defeated or eliminated without the con-
sent of the City council; and
(d) That the proposed private open space is reasonably
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
(e) That facilities proposed for the open space are in
substantial accordance with the provisions of the recreational ele-
ment of the general plan, and are approved by the City Council."
SECTION 9. CHOICE OF LAND OR FEE
(a) PROCEDURE. The procedure for determining whether
the subdivider is to dedicate land, pay a fee, or both, shall be
as follows:
(1) SUBDIVIDER. At the time of filing a tentative
tract map for approval, the owner of the property shall, as a part
of such filing, indicate whether he desires to dedicate property for
park and recreational purposes, or whether he desires to pay a fee
in lieu thereof. If he desires to dedicate land for this purpose,
he shall designate the area thereof on the tentative tract map as
submitted.
(2) ACTION OF CITY. At the time of the tentative
tract map approval, the City Council shall determine as a part of
such approval, whether to require a dedication of land within the
subdivision, payment of a fee in lieu thereof, or a combination of
both.
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(3) PREREQUISITES
FOR APPROVAL OF
FINAL MAP.
Where
dedication
is required it shall be
accomplished in
accordance
with
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the provisions of the Subdivision Map Act. Where fees are required
the same shall be deposited with the City prior to the approval of
the final tract map. Open space covenants for private park or
recreational facilities shall be submitted to the City prior to
approval of the final tract map and shall be recorded contemporane-
ously with the final tract map.
(b) DETERMINATION. Whether the City Council accepts
land dedication or elects to require payment of a fee in lieu there-
of, or a combination of both, shall be determined by consideration
of the following;
(1) Recreational element of the City's general
plan; and
(2) Topography, geology, access and location of
land in the subdivision available for dedication; and
(3) Size and shape of the subdivision and land
available for dedication.
The determination of the City Council as to whether land shall be
dedicated, or whether a fee shall be charged, or a combination
thereof, shall be final and conclusive. On subdivisions involving
fifty (50) lots or less, only the payment of fees shall be required.
SECTION 10. TIME OF COMMENCEMENT MUST BE DESIGNATED. At the
time the final tract map is approved the City Council shall desig-
nate the time when development of the park and recreational facili-
ties shall be commended.
SECTION 11. LIMITATION ON USE OF LAND AND FEES. The land and
fees received under this ordinance shall be used only for the pur-
pose of providing park and recreational facilities to serve the
subdivision for which received and the location of the land and
amount of fees shall bear a reasonable relationship to the use of
the park and recreational facilities by the future inhabitants of
the subdivision.
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SECTION 12. This ordinance shall take effect and be in full
force thirty (30) days from and after its passage 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 circu-
lation, printed and published in the City of Costa Mesa, together
with the names of the members of the City Council voting for and
against the same.
PASSED AND ADOPTED this / % *( day of V �e,.4 e/! 1966.
Mayor of the Ci o Costa Mesa
ATTEST:
��•
V
City
Clerk
of the
City of Costa Mesa
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex-officio Clerk of
the City Council of the City of Costa Mesa, hereby certify that the above and
foregoing Ordinance No. 66-42 was introduced and considered section by section
at a regular meeting of the City Council of the City of Costa Mesa held on the
6th day of September, 1966, and thereafter passed and adopted as a whole at a
regular meeting of said City Council held on the 19th day of September, 1966, by
the following roll call vote: //
AYES: COUNCILMEN i(/6,4 Al,e �d a--Z,, 10,-. le �BXa�tn
NOES: COUNCIIM1 /VBvie
ABSENT: COUNCILMEN A4w e
E, WITNESS 14HEREOF I have hereunto set my hand and affixed the Seal of
the City of Costa ?Mesa this 20th day of September, 1966.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF ,COSTA MESA )
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the below entitled matter. I
am the Legal Advertising Manager
of the ORANGE COAST DAILY PILOT, a newspaper of gen-
eral circulation, printed and published in the City of Costa
Mesa, County of Orange, State of California, and I certify
that Ordinance No. 66-42
of which the copy attached hereto is a true and complete
copy, was printed and published in the regular issue(s) of
said newspaper o Se Dt 2,3:1066,
I declare, under penalty of perjury, that the foregoing
is true and correct.
Executed on Sep*=m*er 23rd 19��•
at Costa Mesa , California.
I
`Ispnss —
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that Ordinance No. k6-42 was introduced and considered,
section by section, at a regular meeting of the City Council of the City of Costa Meso, held on the
6th
day of :Saotember , 196 6, and thereafter passed and adopted as a whole at a regular
th Se1966 , by the
meeting of said City Council held on the 19ptember
—day of —
following roll -call vote
AYES: COUNCILMEN -
NOES: COUNCILMEN -
ABSENT: COUNCILMEN -
FARCK, i=SON, TUCKER, PlIKLEY, JORDAPi
NONE
NONE
I FURTHER CERTIFY that said Ordinance No 66-162 was published in the ORANGE COAST
DAILY PILOT, o newspaper of general circulation, printed and published in the City of Costa Mesa, on the
=3rd � ay of September _'196 6.
CityClark fficio Clerk City Council
of the City of Costa Mesa
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