HomeMy WebLinkAbout91-05 - Park and Recreation Fees in Lieu of Land Dedication NoticeORDINANCE NO. 91-5
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA,
ADDING SECTION 13-495 TO ARTICLE 5,
CHAPTER III, TITLE 13 OF THE COSTA
MESA MUNICIPAL CODE RELATING TO PARR
AND RECREATION FEES IN LIEU OF LAND
DEDICATION NOTICE.
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 follows:
WHEREAS, the schedule for park and recreation fees in lieu
of land dedications pursuant to Costa Mesa Municipal Code Section
13-490(a) and California Government Code Section 66477 has not
been updated since 1978 to reflect the current fair market value
of land for park and recreation purposes; and
WHEREAS, the current fair market value of land for park and
recreation purposes subject to dedication for residential
subdivisions of fifty (50) parcels or fewer pursuant to Costa
Mesa Municipal Code has gone up in market value since 1978; and
WHEREAS, the City of Costa Mesa is giving consideration to
the adoption of a resolution or ordinance, or a combination
thereof, for the increase of the schedule for park and recreation
fees in lieu of land deciation pursuant to Costa Mesa Municipal
Code Section 13-490(a) and Government Code Section 66477; and
WHEREAS, every residential subdivider who subdivides land in
a subdivision containing fifty (50) parcels or less shall be
obligated to pay the increase of the park and recreation fees in
lieu of land dedication if an increase in fees is adopted in the
future by the City of Costa Mesa; and
WHEREAS, the increase in the schedule for park and
recreation fees in lieu of land dedication for residential
subdivisions of fifty (50) parcels or fewer will only be used for
the purpose of developing new or rehabilitating existing
neighborhood or community park or recreational facilities to
serve the subdivision on which the fee is charged.
ACCORDINGLY, the City Council of the City of Costa Mesa
herewith adds Section 13-495 to Article 5, Chapter III, Title 13
of the Costa Mesa Municipal Code.
Section 2. Section 13-495 is hereby added to Article 5,
Chapter III, Title 13 of the Costa Mesa Municipal Code to read as
follows:
"Section 13-495. Park And Recreation Fee In Lieu
Of Land Dedication Notice.
Where the residential subdivision contains fifty
(50) parcels or fewer, the Department of Development
Services shall affix to any permit for buildings or
structures and any vesting tentative map issued
pursuant to this Code located within such subdivision a
notice to read as follows:
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PARK AND RECREATION FEE IN LIEU
OF LAND DEDICATION NOTICE:
The City of Costa Mesa is giving consideration to
enactment of a resolution or ordinance, or a combintion
thereof, for the increase in the park and recreation
fees in lieu of land dedication pursuant to Costa Mesa
Municipal Code Section 13-490(a) and California
Government Code Section 66477. The owner of the
project designated in this permit or vesting tentative
map shall be obligated to pay to the Department of
Public Services a park and recreation fee in lieu of
land dedication if such a fee is adopted in the future
by the City of Costa Mesa. The fee will only be used
for the purpose of developing new or rehabilitating
existing neighborhood or community park or recreational
facilities to serve the subdivision.,,
Section 3. The provisions of this ordinance shall apply
to subdivisions containing fifty (50) parcels or fewer which have
not been issued a permit for buildings or structures pursuant to
Costa Mesa Municipal Code section 5-10(a) or a vesting tentative
map pursuant to Costa Mesa Municipal Code Sections 13-423 through
13-430.5, inclusive, on or before the effective date of this
ordinance.
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Section 4. Publication.
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 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 Ordiance and a certified copy of the
text of this Ordinance shall be posed 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 4th day of March, 1991.
Mayor of he City of Costa Mesa
Attest:
City Clerk of the City ofCr to Mesa
APPROVED AS �T,O �F0RMM:��(/p� C
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
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. 91- 5 was introduced and
considered section by section at a regular meeting of said City
Council held on the 19thday of February, 1991, and thereafter
passed and adopted as a whole at a regular meeting of said City
Council held on the 9th day of March, 1991, by the following
roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS: y�
ABSENT: COUNCILMEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed
the Seal of the City of Costa Mesa this 5th day of March, 1991.
(ty Clerk
)
C ty� Clerk a'nd ex -officio CAlerk of the
City Council of the City olUCosta Mesa