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Home My WebLink About72-44 - Fee in Lieu of Land Dedication for Park Purposes(� v ORDINANCE N0. 72-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING ARTICLE 1-E OF CHAPTER IX OF THE COSTA MESA MUNICIPAL CODE, RELATING TO PLANNING AND ZONING WITH SPECIFIC REFERENCE TO THE PARK AND RECREATIONAL DEDICATION. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa hereby finds and declares that the Park and Recreational Dedication Ordinances as they presently exist are not in keeping with the needs of the community. The City Council further finds and declares that amendments and updating are necessary to insure that adequate parks, green areas and improvements funds are provided for in connection with subdivisions. Accordingly, Chapter IX, Planning and Zoning, Article 1-E, Park and Recreational Dedicationa is hereby amended to read as follows: SECTION 2. Section 9150 RECITALS. That the City Council of the City of Costa Mesa does hereby find, determine and declare as follows: In 1965, the Legislature of the State of California amended the Subdivision Map Act (Section 11500 at. seq. of the Business and Professions Code) to enable cities and counties to require 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. The City Council of the City of Costa Mesa has adopted a master plan containing a recreational element, establishing definite principles and standards for the park and recreational facilities to serve its residents in compliance with Section 11500 at. seq. of the Business and Professions Code. Section 9151. 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. - 1 - Section 9152. APPLICATION. The provisions of this article shall apply to all residential subdivisions, as that phrase is defined in Section 11500 at. seq. of the Business and Professions Code of the State of California. Section 9153. RELATION OF LAND REQUIRED TO POPULATION DENSITY. 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) persona residing within the City, be devoted to public park and recreational purposes. That said require- ment 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. That the remaining two and one-half (2-1/2) acres of the required four (4) acres shall be supplied as required by this article. Section 9154. POPULATION DENSITY. For the purpose of this article, population density shall be established by resolution of the City Council, utilizing the following classifications: a. Low Density Residential Areas. All residential areas where there is less than or equal to one dwelling unit per six thousand (6,000) square feet of land area. b. Medium and High Density Residential Areas. All residential areas where there is more than one dwelling unit per six thousand (6,000) square feet of land area. 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 on the property included in the subdivision at the time the final tract map is filed with the City Council for approval. - 2 - Section 9155. AMOUNT OF LAND TO BE DEDICATED AND/OR FEE REQUIRED. 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 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 9154 as applicable to the proposed development. 2.5 Number of acres per 1,000 persons. Section 9156. AMOUNT OF FEE IN LIEU OF LAND DEDICATION. Where a fee is required to be paid in lieu of land dedication, such fee shall be equal to an amount based on the average fair market value of the land in all neighborhood public parks within the City if such land were not used for or zoned for park or recreational purposes. Fair market value shall be determined by a qualified real estate appraiser. Such appraisal shall exclude improvement and shall be adopted by resolution of the City Council. If the subdivider objects to such valuation, he may, at his expense, obtain an appraisal of said park property by a qualified real estate appraiser. Said appraisal may be accepted by the City Council if found reasonable. Section 9158. 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 dedicate property for park and recreational purposes shall, upon filing a tentative map for approval, check with the City to determine whether their property lies within the City's Master Plan for Parks, Open Spaces, Schools and Recreational Facilities. If a subdivider's property is shown on said Master Plan for Neighborhood Parks, he shall coordinate his subdivision - 3 - with the necessary departments to incorporate the park site(s) into such subdivision. If the subdivider's property is not shown on said Master Plan for Neighborhood Parks and a school site is proposed within or in close proximity to said property, a park site adjacent to said school site shall be developed and the subdivider shall coordinate his subdivision with the necessary departments to incorporate the park site(s) into such subdivision. Section 9159. ACTION OF CITY. At the time of tentative tract map approval, the Planning Commission shall determine, as a part of such approval, whether to require dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both. 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: a. The Parks, Open Spaces, School and Recreational element of the City's Master Plan. b. Provisions of subsection 9158 of this article. c. Topography, geology access and location of land in the subdivision available for dedication. d. Size and shape of the subdivision and the land available for dedication. 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. Credits. Credit for Special Facilities. When the developer's Master Plan of Development allocates space for a golf course or waterways designed to serve both the residents of a subdivision and the general public, the developer may be credited for supplying a portion of the requirements of this article not to exceed fifty percent (50%) of such requirements. Said special facility shall be restricted to its initial purpose and shall be permanently devoted or dedicated to use by the general public, unless a satisfactory substitute is approved by the City. =40 Credit for Site Improvement and Development. When dedication is required it shall be accomplished in accordance with the provisions of the Subdivision Map Act. When fees are required, the same shall be deposited with the City Planning Department prior to approval of the final tract map. Open space covenants for private park or recreational facilities shall be approved by the City Attorneys office and the Planning Commission prior to approval of the final tract map by the City Council and shall be recorded simultaneously with the final tract map. Section 9160. STATEMENT OF CITY RESPONSIBILITY. Commencement of Development. The City shall begin development of park and recreational facilities within five (5) years from the time of final inspection and acceptance of tract improvements by the City Council. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. SECTION 3. This ordinance shall take effect and be in full force and effect thirty (30) days from and after the passage and before the expiration of fifteen (15) days after its passage, shall be published once in the Orange Coast Daily Pilot, a newspaper of general circulation 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 20th day of November 1972. ATTEST: i City Clerk of the City of Mayo of the City of Costa Mesa Costa Mesa - 5 - 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 Number 72-44 was introduced and considered section by section at a regular meeting of said City Council held on the 6th day of November , 1972, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 20th day of November , 1972, by the following roll call vote: AYES: Councilmen: I#ammett; Jordan; Pinkley, Wilson, Raciti NOES: Councilmen: None ABSENT: Councilmen: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 21stday of November , 1972. City Clerk and ex -officio Clerk a of the City Council of the City of Costa Mesa. - 6 - 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 a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published ( see reverse) in the City of Costa Mesa, County of Orange, State of Cal- ifornia, and I certify that City Ordinance Number of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper on November 24,1972 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 24 1972 at Costa a, C,altfo ia. (slescmr.) _ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA) I, EILEEN P. PHINNEY, 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. 72-44 was introduced and con- sidered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 6th day of _November 197? and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 20th day of November 1972, by the following roll -call vote: AYES: COUNCILMEN- Hammett, Jordan, Pinkley, Wilson, Raciti NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None I FURTHER CERTIFY that said Ordinance No. 72-44 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 24th day of November 1972 City Clerk and ex -officio Clerk of the City ouncil of the City of Costa Mew OROINANC£ NO. TIM hall So deposited with me Cliff Planning AN ORDINANCE OF THE CITY 1 COUNCIL OF.-TNEjtITY OF COSTA Beal MESA AMENDING ARTICLE 1-E OF yr p CHAPTER IX OFTHE COSTA. MESA antl MUNICIPAL CODE, RELATING TO eE lac PLANNING AND ZONING WITH...1 to approval of the Onel tract map by the SPECIFIC REFERENCE TO THE lful PARK AND RECREATIONAL aM[ DEDICATION. rpyr THE CITY COUNCIL OF THE CITY Cuir0 OF COSTA MESA DOES HEREBY OR- See .DAIN AS FOLLOWS: head SECTION 7. The City COVMII of the iOlch CS, of Costa Mesa hereby 'Intl. and estarl declares that the Perk and Recreational CWnc Dedication Ordinances as Mey presently Class! re not in �i of fie n il. TheWary council All further fine. and aedares 'nal than amendments and upea'Ing are necessary x R to insure, Ibat adequate park.,green arEe. improvements fundal b videodna let n ecru line sub ". Weald divisiens nen ty dul that It uld Accardimly. Chapter Ix. Planing and of 1la� Zoning. Arti<IB 1-E, Park and Neches. p, Nonni Deaicanons la hereby amended to phrase thereof, irrespective f IM fact read es follows: The t SECTION :. Setlln 9150 RECITALS. be date That. the City Conch 1 the City o' pope. Costa Masa does Iberese Pied, determine -. toll- n and declare as f.ii.: b 1961, the umber Leg isbmra of the State of California - me m Amended the subdivision Map Act 'Seo ato rot. on II500 at, sen. "1 the Business and studied Pm^pssions Code) to enable cities and Beat O o i to require either me edicatiion - Cnnn1 yent of hes, or a com- of land, the pam S.AIA biwtion of both, for park or recreation l atpurposes as Co ilon Of approval ORDIC, of a suad visin brae Aetna The City Council of ins City of Costa of anal tl a master play o Mesa has Adopted e .hall be !dining a rest 11onal element, a tab- A lishing definite principles and stand- ATTEST: ards for the ark and Threatened P. PHINNEY Eey fa ies to Serve Its residents in m- q 1150) at. e9 "f the pliaBusiness - .Mit. atadSP irINeasi.maa CWeich - JACK HAMMETT Sul in m To a the dr;wr ant vals be sat ngeTows between 15a. POPULATION or the purpose of els nation Density shall he V l_IuHgd of the City 1.irq the tollOWing lemiry Reslaennal Areas. toren WDeailing re Is Ipee SAXID aquaee bet AT tend Open Spaces Si element f the Ctys or subsection 91% of one. for! in the Subdivision aine n Vous .. hall So deposited with me Cliff Planning �i Are 'Department prior to approval "f fee final a the property In- tract map. Open salt¢ Severance for at Me time the 11N.Ue park or recreattnal facilities !tl with the CIN sivall be aPmeved by the City Attorneys Office and in¢Planning Commission prior to approval of the Onel tract map by the NO TO BE CityCUACH and hall be recorded FEE REQUIRED. simultaneously with iN final tract map. Oedlul¢d. TM1e Thed SN . 91.. I to be Said, acht it STATEMENT OF CITY 10 this l tion - RESPONSIBILITY lowme formula: ant. and F' D.U. City shall Cryln development 0 k and terms. nal facilities within five sir Were from tthe time of goal Inslmtln and - to M q or piane of tract fmpmvements by the to I'K r to be epi City Council. fit in Pao severabaity. It any section, aubsvolin, for obtained from - subdivision'Paragraph, surfaces, rJu IF the -the eof Ss anv Bctti ellelit Mytaen :ame ora- far Constitutional, uch Gaskin shell not al- acres per, ids" fact the vandiWbf Me remaining actions AT this article or any and Thai The Cl:EE ty dul that It uld IN haveopaaked Each Section, Spadelike, sub EDI Ie N. dlvl.., paragraph, dam--, -.61 or Ctl b OB red to phrase thereof, irrespective f IM fact halll her soon tee shalla lost any she or more shins, aubsh- :d an iM1e 0 erege Omu, BUWlvisions, paragrapher semences, the lend In II CMoses phrases be declared un e within n titutlonal. othe coinedCity SECTION 3, This ordinance shall take it N purnser Fair th[t d be I. lull forte antl Cffecf delerminM by deharm. thirty 1301 days from and alter the Such ay ffer. Such passage and before the expiration of fit wnt tl andCity AVtion teen 1151 days a0er its passage, hall M ins 0 ae published o in the Orange Coast rti-n h, soon Dally Pilot, anCe newspaper of general ebi.cJs abtaln circulation printeand published In the rk properly by a 'City M Costa Masa, together wOb fie !Walser. Said ap.es Of the members of TM1e City ted by the City Council voter. far and agafnH the same. Ale. PASSED AND ADOPTED this IOM pay oT November, 1972. NO ANO FEE. ATTEST: rvWivlder P. PHINNEY Eey ry e fee in lieu Clerk of the Cliff of 'Ion ofboth, the Costa Mesa 1 be ose0: - JACK HAMMETT f. or deslriM To aaavnr na on. I. Hamm¢! ; Rai 1. lone I have MrebY P. Seel of the ACTION "OF -CITY City of CosMeaa this 31st day of At iM1e time of bntative !rad map _dpNovember. 19Y! Doily Pilot. 33]7.73