Loading...
HomeMy WebLinkAbout72-45 - Creating Capital Outlay Parks & Recreation AccountORDINANCE N0. 72-45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CREATING THE CAPITAL OUTLAY PARK AND RECREATION ACCOUNT; MAKING PROVISIONS FOR ITS APPLICATION, AND EXCEPTIONS THEREFROM; DETERMINING MANNER OF CALCULATION FOR LAND OR FEES, AND PLACING LIMITATIONS UPON THE EX- PENDITURE OF FUNDS ACCUMULATED UNDER THIS ORDINANCE. THE CITY COUNCIL OF THE CITY OF COSTA MESA DIES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa hereby finds and declares that certain types of residential construction must bear their proportionate share of the cost of establishing parks with the City of Costa Mesa; that said types of residential construction are not now included in the sub- division dedication divisions of the Costa Mesa Municipal Code; that Division XXII of the Costa Mesa Municipal Code adopted in 1969, no longer reflects the needs of park land dedication for this City, and that the health, safety and welfare of the citizens of the community require a modification of said division, to more equitably and fairly reflect the current needs of land and money for park purposes. Accordingly, Division XXII of Article 2 of the Land Use Ordinance of the City of Costa Mesa is hereby amended to read as follows: SECTION 2. DIVISION XXII Capital Outlay Park and Recreation Account Section 92103.1 Creation. There is hereby created a Capital Outlay Park and Recreation Account which shall be used solely for the acquisition and improvement, including expansion of public parks and playgrounds and recreation facilities, and shall be expended only within the limits prescribed by the Park and Recreation Development Plan as approved and adopted by the City Council after consideration by the Planning Commission. - 1 - Section 92103.2 Definitions. 1. As herein used the term "person" includes every person, firm or corporation constructing a new dwelling unit either as owner -builder or through the services of employees, agents or independent contractors. 2. As herein used the term "dwelling unit" is as set forth in Section 9220.13 of the Land Use Ordinance. Section 92103.3 Application. The provisions of this article shall apply to all residential developments. Excepted from the payment of fees or dedication of land as provided for herein, shall be: (a) any dwelling unit included in a subdivision where the subdivider has either dedicated land or paid fees for park and recreational purposes, as provided for in Chapter IX, Article 1-E. (b) Any building permit for the purpose limited to remodeling of any dwelling units, so long as said remodeling does not add an additional unit. Section 92103.4 Relation of Land Required to Population Density. 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. This 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 property 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. Section 92103.5 Population Density. For the purpose of this article, population density shall be established by resolution of the City Council, utilizing the following classifications: - 2 - a. Low Density Residential Areas. All residential areas where there is less than or equal to one dwelling unit peri 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. (Mobile home developments shall be included in this classification. Each mobile home space, site, pad, or other similar term is defined as one dwelling unit). Section 92103.51 Number of Duelling Units. The total number of dwelling units for fee and dedication calculations shall be determined by the number of units as shown on the building plans filed with the Building Safety Department. Section 92103.6 Amount of Land to be Dedicated or Fee to be Paid. The amount of land to be dedicated or fee to be paid shall be based on the following formula: (a) A - 2.5 (D.F. x No. D.U.) 1000 (b) Definition of Terms: 1. A- The area in acres required to be dedicated as park sites or to be appraised for fee payment for the development. 2. D.F. - Density factor obtained from Section 92103.5 as applicable to proposed development. 3. 2.5 - Number of acres per 1000 persons. 4. No. D.U. - Number of dwelling units proposed in the development. Section 92104.7 Amount of Fee in Lieu of Land Dedication. When a fee is required to be paid in lieu of dedication, such fee shall be equal to the amount based upon the average, fair - market value of land in all neighborhood public parks within the City if such land were not used for, or zoned for, park or recreational purposes. Such value shall exclude improvements and shall be adopted by resolution of the City Council. "Fair -market value" shall be - 3 - determined by a qualified real estate appraiser. Such appraisal shall exclude improvement and shall be adopted by resolution of the City Council. If the developer objects to such valuation, he may, at his expense, obtain an appraisal of such neighborhood parks by a qualified real estate appraiser. Said appraisal may be accepted by the City Council if found reasonable. Section 92104.8 Combination of Land and Fee. Procedure. The procedure for determining whether the developer is to dedicate land, pay a fee or a combination of both, shall be as follows: Developers required to or desiring to dedicate property for park and recreational purposes shall, prior to filing building plans for approval, check with the city to determine whether or not their property lies within the city's Master Plan of Parks, Open Spaces, Schools and Recreational Facilities. If the developer's property is shown on said water plan for neighborhood parks, he shall coordinate the development with the necessary departments to incorporate the park site(s) into such development. If the developer'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 developer shall coordinate his development with the necessary departments to incorporate the park site(s) into such development. Section 92103.9 Action of City. Prior to the time of plot plan approval, the Building Director shall transmit said plan to the Planning Commission for review. The Planning Commission shall determine whether to require dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. Determination. Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: (a) The Parks, Open Spaces, Schools and Recreational Element of the City's Master Plan; 4 (b) Provisions of Subsection 92104.8 of this article; (c) Topography, geology, access and location of land in the subdivision available for dedication; and (d) Size and shape of the development and land available for dedication. The determination of the city that land shall be dedicated, or a fee charged, or a combination of both, shall be final and conclusive. The fees as set forth herein, or the dedication to be made as provided for herein, shall be made upon application for a building permit for dwelling units as provided herein, and refund of such fees in full shall be made in the event that the building permit shall not be approved, or in the event construction does not take place within the period of time that the building permit is effective. Section 92103.10 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 the development and the general public, the developer may be credited for supplying a portion of the requirements of this article not to exceed fifty percent (50X) of such requirement. 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. Credit for Site Improvement and Development. When the developer desires to improve and/or develop public, open space facilities, the cost of such facilities may be credited, either wholly or partially, toward the payment of the fees required by this article at the discretion of the City Council. Section 92103.11 Prerequisites for Approval of Building Permit. When dedication is required, it shall be accomplished prior to issuance of the Building Permit. When fees are required, the same shall be deposited with the city prior to the issuance of the Building Permit. - 5 - Section 92103.12 Statement of City Responsibility. Commencement of Development. The city shall begin development of the recreation facility within five (5) years from the time of final inspection of the development by the Building Safety Department. SECTION 3. 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, subdivision, paragraphs, sentences, clauses or phrases be declared unconstitutional. SECTION 4. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its 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: City Clerk of the City of C to Mesa Mayo of the City of Costa Mesa - 6 - 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 72-45 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: Hammett; 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 21st day of November , 1972. - 7 - City Clerk and ex -officio Clerk the City Council of the City of Cos Mesa - 7 - 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 in the City of Costa Mesa, County of Orange, State of Cal- ifornia, and I certify that City Ordinance Nimber of which the copy attached hereto is a true and complete (gee reverse) copy, was printed and published in the regular issue(s) of said newspaper on November 24,1972 I declare, under penalty of penury, that the foregoing is true and correct. Executed at Costa November 21S 1072 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. 72-45 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 - I FURTHER CERTIFY that said Ordinance No. 72-45 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. C(ty. Clerk and ex -officio Clerk of the CI Council of the City of Costa Mesa