HomeMy WebLinkAbout91-14 - Park and Recreation Fees in Lieu of Land DedicationORDINANCE NO. 91-14
AN ORDINANCE OF THE COUNCIL Of THE CITY OF COSTA
MESA, CALIFORNIA, AMENDING SECTION 13-490 AND 13-
493 OF ARTICLE S, CHAPTER III, TITLE 13 OF THE
COSTA MESA MUNICIPAL CODE RELATING TO PARE AND
RECREATION PEES IN LIEU OF LAND DEDICATION.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1.: Section 13-490 of Article 5, Chapter III, Title
13 of the Costa Mesa Municipal Code is hereby amended to read as
follows:
"(a) Where there is no public park or recreation facility
required within the proposed subdivision, or where the
subdivision contains fifty (50) parcels or fewer, the
subdivider shall pay a fee in lieu of land dedication
reflecting the value of land required for park and
recreation purposes in accordance with the schedule of fees
as adopted by resolution of the city Council. This fee
shall reflect the average fair market value of neighborhood
and community park land within the city. The fair market
value shall be determined by an appraisal of at least one
(1) neighborhood park site and one (1) community park site.
Said appraisal shall be conducted by an M.A.I. appraiser and
shall consider the factors set forth in subsection (e),
where applicable to the appraisal of public park land.
(b) Nothing in this section shall prohibit the dedication
and acceptance of land for park and recreation purposes in
subdivisions of fifty (50) parcels or fewer, where the
subdivider proposes such dedication voluntarily and the land
is accepted by the City Council.
(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) parcels or fewer.
(d) For subdivisions in excess of fifty (50) parcels, the
City Council may elect to receive a fee in lieu of land
dedication. The amount of such a fee shall be based upon
the fair market value of land which would otherwise be
required for dedication. The fair market value shall be
determined by an M.A.I. appraiser acceptable to the City
and at the expense of the developer as set forth in
subsection (e). 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 appraisal.
(e) For purposes of this section, the determination of the
fair market value of neighborhood and community park land or
unimproved residential land which would otherwise be required
for dedication shall be determined by an M.A.I. appraiser
acceptable to the City and shall consider, but not
necessarily be limited to, the following:
1. The value of the unimproved residential land by
residential density shown on the tentative
subdivision map at the time the final map is
to be recorded;
2. Approval of and conditions of the tentative
subdivision map;
3. The General Plan land use designation of the
property;
4. The zoning classification of the property;
5. Property location;
6. Off-site improvements facilitating use of the
property; and
7. Site characteristics.
(f) If the subdivider objects to the amount of the fee
pursuant to this section, an appeal may be made to the City
Council by filing an application of appeal with the City
Clerk and payment of an appeal processing fee as determined
by the City Council. A notice of appeal shall be filed with
the City Clerk within seven (7) days of payment of the in -lieu
fee. The subdivider shall have the burden of prof in
contesting the amount of the fee. Within thirty (30) days
of receipt of the notice of appeal, a public hearing on the
appeal shall be held by the City Council, and the decision
on the appeal shall be final and conclusive in determining
the amount of the fee.
(g) The fee shall be paid to the Development Services
Department and shall be deposited and held in appropriate
trust accounts and may be expended therefrom only for the
purpose of developing new or rehabilitating existing
neighborhood or community park or recreation facilities to
serve the subdivision on which the fee is charged. Upon
receipt of the fee, the Development Services Department shall
issue a receipt, and the receipt shall be presented as proof
of payment of the fee prior to the issuance of any permit for
buildings and structures pursuant to this code.
(h) In order that the fees levied pursuant to subsection (a)
of this section keep pace with the cost of land, the fee
schedule described in subsection (a) shall be periodically
adjusted on a biennial basis. The fee schedule shall be
adjusted using the methodology described in subsection (a) for
establishing the fee schedule.
i) upon application to the Development Services Department,
the payment of the fee in lieu of land dedication pursuant to
this section may be deferred where the Department makes the
following findings:
1. The subdivider has entered into a fee agreement
with written evidence of adequate security to
assure payment of the fee at a date prior to the
issuance of a certificate of occupancy, and in a
form approved by the City Attorney; and
2. The deferral of the fee shall not adversely impact
on the development of new or the rehabilitation of
existing neighborhood or community park or
recreational facilities to serve the subdivision.
Section 2. Section 13-493 of Article 5, Chapter III, Title
13 of the Costa Mesa Municipal Code is hereby amended to read
as follows:
"(a) Procedures. When land dedication is required/it shall
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. Credits against the amount of land to be
dedicated or the amount of fees to be paid in lieu of
dedication shall be granted as follows:
1. Existing dwelling units: Credit shall be granted
for dwelling units demolished as apart of the
development of the subdivision. This credit shall
be limited to the number of units existing at the
time of the approval of the project and shall not
be transferred to other subdivisions.
2. Privately developed, owned and maintained open
space: Where private facilities for park and
recreational purposes are provided in a proposed
subdivision and such facilities are to be privately
owned and maintained by the future residents of the
subdivision, the areas occupied by such facilities
shall be credited against the requirement of
dedication of land for park and recreation purposes
or the payment of fees in lieu thereof, to the
extent that the Planning Commission finds it is in
the public interest to do so and that the following
standards are met: (1) that each facility is
available for use by all the residents of the
subdivision; (2) that the area and the facilities
satisfy the recreation and park needs of the
subdivision so as to reduce the need for public
recreation and park facilities to serve the
subdivision residents; (3) that the area provided
is in excess of the minimum amount of open space
required for the subdivision; (4) that the area
provided in excess of required open space is not
used as a credit or bonus incentive as provided in
other sections of this title; and (5) that the area
provided is of sufficient size, location and design
to facilitate functional use of the area to meet
the park and recreation demands of the future
subdivision residents.
Credit shall be granted, dollar for dollar, for the
value of park and recreational area and other im-
provements as approved by the Planning Commission.
The value of such facilities shall be established
by written documentation of the actual acquisition
cost of such facilities paid by the subdivider.
3. Previous fees: Credit shall be granted, dollar for
dollar, for any park and recreation fees paid for
the property pursuant to this code within the
preceding five (5) years.
4. Improvements to dedicated land: Credit shall be
granted, dollar for dollar if the subdivider
5.
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provides park and recreation facilities and/or
improvements to land dedicated for park and
recreation purposes. The value of such facilities
and/or improvements shall be established by written
documentation of the actual acquisition cost of
such facilities or construction costs of such
improvements paid by the subdivider.
Limitation on credits: The maximum amount of
credits provided by this section shall not exceed
one hundred (100) percent of the calculated fee in
lieu of land dedication.
Transfer of credits: Credits provided by this
section shall not be transferred or assignable to
apply to property outside of the subdivision
awarded such credit.
The granting of credits pursuant to subsection 13-
493(b)2 shall also be subject to the following
conditions:
a. The private ownership and maintenance of the
facilities shall be adequately provided for by
written agreement in a form acceptable to the
City Attorney; and
b. The use of the private facilities 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 subdivision and which cannot be
defeated or eliminated without the consent of
the City Council; and,
C. The proposed private facilities are reasonable
and 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,
d. The facilities proposed are in substantial
accordance with the General Plan.
a. Additional credits: In lieu of the dedication of
land for park and recreation purposes or the
payment of a fee, as a substitute therefor, the
Development Services Director, with the approval of
the Planning Commission may permit the following:
a. Land to be dedicated for park or recreation
purposes outside of such subdivision;
b. Improvements to be made to an existing city
park or upon land being dedicated as a public
park;
C. Recreational facility to be installed upon
land being dedicated as a city park;
d. Any combination of the foregoing.
Provided, however, the Planning Commission shall
determine and find that the land to be dedicated,
the improvements to be made or the facilities to be
Provided, however, the Planning Commission shall
determine and find that the land to be dedicated,
the improvements to be made or the facilities to be
installed or constructed are so located as to bear
a reasonable relationship to the use thereof by
future inhabitants of the subdivision. Such
dedication of land or providing of improvements or
facilities may only be used as a credit against the
otherwise required dedication or fee to the extent
of the value of such land, improvements or
facilities is determined by the Planning Commission
to be equal to or greater than the value of the
land which would have been dedicated or the fee
which would be paid pursuant to Section 13-490.
Section 3. Severability. If any provision of this Ordinance
is found to be unconstitutional or otherwise invalid by any
court of competent jurisdiction, such invalidity shall not
affect the remaining provisions of this Ordinance which can be
implemented without the invalid provision, and, to this end,
the provisions of this Ordinance are declared to be severable.
section 4.
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 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 A day of 1988.
ATTEST: �p
City Clerk of the City of osta Mayor the City of Costa Mesa
Mesa
APPROVED AS TOS �F�OL�R-M:
lWUg1N�b-q lw'^ -�C
City Attorney
(OMD9114AMR)01
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Be
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the
City Council for the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 91-14 was introduced and
considered section by section at a regular meeting of said City
Council held on the 3rd day of June, 1991, and thereafter passed
and adopted as a whole at a regular meeting of said City Council
held on the 17th day of June, 1991, by the following roll call
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereunto set my hand And affixed
the Seal of the City of Costa Has this day of
1991.
City Clerk and ex -officio Cl k
of the City of Costa Mesa