RES-9723 Revising Certain Standards For Park In-Lieu FeesRESOLUTION NO. 9723
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF OR<\NGE REVISING CERTAIN
STANHARDS, CLASSIFICATIONS AND CRITERIA
AND THE AMOUNT OF THE PARK IN-LIEU
FEES FOR THE IMPLEMENTATION OF CHAPTER 5.
18 OF THE ORANGE MUNICIPAL CODE
AND AMENnING THE CITY'S MASTER SCHEDULE
OF FEES AND
CHARGES.WHEREAS, by the adoption of Ordinance No. 11-00 on June 13, 2000,
the City Council of the City of Orange amended Chapter 5,18 of Title 5 of the
Orange Municipal Code to provide revised standards and formulae for park dedication, subdivider
credit for recreational facilities, and the payment of in-lieu fees as a condition of approval
of a tentative tract or parcel map pursuant to the authority granted under Section 66477
of the Government Code of1:he State of California (the
Quimby Act); and WHEREAS, the City Council has heretofore adopted for first
reading Ordinance No.05-03 for the purpose of, among other things, renumbering the
codified version of Ordinance No. 11-00 from Chapter 5.18 of Title 5 of the Orange Municipal Code
to Chapter 16.60 of Title 16 of the Orange Municipal Code, which renumbering will
take effect sixty (60) days from and after the date
of its final passage; ,md WHEREAS, in furtherance of Ordinance No.
11-00, the City Council adopted Resolution No. 9258 on May 23, 2000 for
the purpose of establishing certain standards,classifications, criteria and fees to be
utilized to implement said ordinance; and WHEREAS, said ordinance required the City
Council to review the fees established by Resolution No. 9258 on an annual basis and to adjust such fees
to current values on a no less than biennial basis by a resolution amending the
Master
Schedule of Fees and Charges;and WHEREAS, upon the basis of certain
reports, information and testimony received by the City Council in support of its review of such fees,
this City Council
hereby finds and determines as follows:A. That the residential dwelling
units constructed, or to be constructed,within the City of Orange can be classified
into three density classifications and that the average number of persons per dwelling
unit based upon the average household size for the dwelling units within those
density classifications, as disclosed by the most recent available Federal census figures, are
appropriate for all of the dwelling units to be constructed within the City of Orange
subject to the provisions of Chapter 5,18 of Title
Density Classification
Dwelling Units/Gross Acre)
Average Number
of Person sID welling Unit
6
6 - :::15 15
3.
05 3.
16 2.
64 B.
That the number of parkland acres required to be dedicated for each dwelling
unit within the following residential density classifications are:Density
Classification Dwelling
Units/Gross Acre)Parkland
Acres to be Dedicated/
Dwelling Unit 6
6 - :::
15 15 0.
009
0.009
0.008
C. That
the cost to provide vacant residential land with Minimum Park Standards acceptable
to the City for dedication purposes is Eighty-eight Thousand Two
Hundred Thirty Dollars ($88,230.00) per acre.D.
That the fair market value for vacant residential land within District No.
1 (inclusive of the cost to provide such land with the Minimum Park Standards)for
each density classification is:Density
Classification Dwelling
Units/Gross Acre)Fair Market Value 6
6 - :::
15 15 888,
230
1,048,
230 1,188,
230 E. That
the fair market value for vacant residential land within District No.2 (
inclusive of the cost to provide such land with the Minimum Park Standards)for each
density classification is:Density Classification
Dwelling Units/
Gross Acre)Fair Market Value 6 6 - :::
15
15 988,230
1,
163,230
1,318,230
2
WHEREAS, Ordinance No. 05-03 provides for the waiver, in whole or in paIi, of
the fees required by that ordinance under certain circumstaI1CeS provided that the City
Council A) finds that a subdivision will serve a public purpose or satisfy a public need and is
located within a redevelopment project area, or other special district, or involves direct City
of Orange or Orange Redevelopment Agency participation in the residential
development project, and (B) sets forth by resolution specific limitations that will apply to such
waivers.Accordingly, the City Council now desires to set forth by this resolution the
circumstances under which it will consider such a waiver for a residential development project consisting
of affordable housing units;
and WHEREAS, the following fees to be charged are reasonable and do not exceed
the actual cost of parkland acquisition in the City of Orange;
and WHEREAS, on June 29, 1993, and pursuant to Chapter 3.10 of the
Orange Municipal Code, the City Council adopted Resolution No. 8196 which revised the City'
s Master Schedule of Fees and Charges, which has been amended from time to time since
then by the City Council;
and WHEREAS, the City Council has determined that the Master Schedule of Fees
and Charges should again be amended to provide for certain fees in lieu of dedicating park
land required of certain types of new subdivisions located in or to be located within the City
of
Orange.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Orange as
follows:Section 1.The foregoing recitals are true and
correct Section 2, That the park in-lieu fees to be paid as a condition of
development of each dwdling unit within the following residential density classifications in District No.
1 are and shall be
as follows:
Density Classification Dwelling Units/Gross Acre)In-Lieu
Fee/
Dwelling Unit 6
6 - ::
J5 15
7,994
9,434
9,506 Section 3. That the park in-lieu fees to be paid as a condition
of development of each dwdling unit within the following residential density ctassi fications
within District No.2 are and. shall
be
Density Classification
Dwelling Units/Gross Acre)In-LieuFee/Dwelling
Unit
6 6 - ::::15
15
8,894
10,469
10,546
Section 4, When a developer of a residential development proposes to construct
at least twenty percent (20%) of the total dwelling units for, lower income households, (as
defined in Section 50079.5 of the California Health and Safety Code) or ten percent (10%) of
the total dwelling units for, very low income households, (as defined in Section 50105 of the
California Health and Safety Code), the developer may apply for an exemption from
Ordinance No. 05-03 for that portion of the residential development that is affordable to
very low income households and/or lower income households (as the case may be). The
City Council may exempt that portion of the residential development targeted for affordability
to very low income households and/or lower income households (as the case may be) from
the provisions of Ordinance No.05-03 if the City Council makes a finding that such
exemption is required in order to provide for, affordable housing cost, for owner-
occupied housing, as defined in Section 50052.5 of the Health and Safety Code, or for, affordable
rents, as defined in Sl:ction 50053 of the Health and Safety Code and the developer
provides sufficient legal commitments to the City to ensure the continued availability, affordability and
use of the housing units for very low income households and/or lower income households
for a period of at least
thirty (30) years.Section 5. Be it further resolved that this Resolution shall
become operative thirty 30) days following its
date of adoption.Section 6. Be it further resolved that, as a result of the
renumbering of Chapter S.IS of Title 5 of the Orange Municipal Code proposed by Ordinance
No. 05-03, the standards, classifications, criteria and fees established by this
Resolution shall be applicable to Chapter 16.60 of Title 16 of the Orange Municipal Code upon
the effective date
of Ordinance No. 05-03.ADOPTED this
13thday of May, 2003.M1!
A~
ATTEST:
A~~
Cassandra J. Cat rt, City Clerk, City of Orange
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do
hereby certify that the foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting thereof held on the 13th day of May, 2003,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
4~~~~7
Cassandra 1. Cat , City Clerk, City of O!'ange
5