HomeMy WebLinkAboutORD-05-03 Amend Ch 5.18- Park Dedication and FeesORDINANCE NO. 5-
03 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 5,18
OF TITLE 5 OF THE ORANGE MUNICIPAL
CODE PERTAINING TO REQUIREMENTS FOR
PARK DEDICATION AND THE PAYMENT OF FEES
IN LIEU THEREOF; AND RENUMBERING
SAID CHAPTER 5.18 AS CHAPTER 16,60 OF TITLE 16
OF THE ORANGE MUNICIPAL
CODE.WHEREAS, by the adoption of Ordinance No. 11-00 on June 13, 2000 (
herein referred to as the Quimby Ordinance), the City Council of the City of Orange amended Chapter 5.
18 of Title 5 of the Orange Municipal Code and thereby provided revised standards and
formulae for park dedication and/or the payment of fees in lieu of dedication (or a combination of both)
as a condition of subdivision approval pursuant to the authority granted under Section 66477
of the Government Code of the State of California (the Quimby
Act); and WHEREAS, the City Council of the City of Orange desires to: (a) amend
the Quimby Ordinance to provide for an alternative method by which the amount of the in-
lieu fees may hereafter from time to time be reviewed and adjusted; (b) make minor
modifications and clarify certain sections of the Quimby Ordinance; and (b) renumber the Quimby
Ordinance as Chapter 16.60 of Title 16 of the Orange
Municipal Code; and WHEREAS, this City Council finds that, pursuant to Section 15061 (b)(3) of
the State of California Environmental Quality Act (CEQA) Guidelines, the adoption of this
ordinance will not cause a significant effect on
the environment; and WHEREAS, this City Council has received and duly considered
the information and facts set forth in the agenda report presented to it and any testimony received from
staff and the public at the public hearing at which the proposed ordinance was
considered, which testimony is hereby incorporated into the record on
this matter; and WHEREAS, this City Council has duly considered all of the terms
and provisions of this ordinance and believes that the adoption of this ordinance is in the best interests
of the City and the health, safety, morals and welfare of its residents, and in accord
with the public purposes and provisions of applicable state and local
law and requirements.NOW, THEREFORE, THE CITY COUNCIL OF THE
CITY OF ORANGE DOES
ORDAIN AS
FOLLOWS:SECTION I:Chapter 5.18 is hereby amended in part and renumbered so that it
will hereafter appear in Title 16 of the Orange Municipal Code as Chapt<:r 16.60 and read in
Se,:tions:
16.60.010
16,60.020
16,60.030
16,60,040
16.60.050
16,60.060
16,60.070
16.60.080
16.60.090
16.60.100
16.60,110
16,60,120
16,60.130
16.60.140
16.60,150
16.60.160
16.60,010
Chapter 16,60
PARK DEDICATION AND FEES
Purpose,
Definitions.
Applicability.
Park Acreage Standard,
Standards and Formulas for Land Dedication,
Formula for Fees in-lieu of
Dedication,Choice of Dedication of Land or Payment of Fees or a Combination
of
Both,Park Provision
Agreement.
Credits.
Exemptions.Automatic Annual
Adjustment.Increase by
Resolution.Time for Payment of Fees and Dedication of
Land.
Refunds.Disposition of Proceeds-
Fund Created.Controlling
State
Law Purpose.The purpose of this chapter is to establish the procedures for requiring the
dedication of land, the payment of fees in-lieu thereof (or a combination of both) to serve
new subdivisions in accordance with the Master Plan for Park Facilities, Recreation
and Community Services adopted by the City Council in accordance with the requirements of the City's
General Plan and in compliance with the requirements of California Government Code Sections
66477 et seq.the Quimby Act). This chapter is enacted pursuant to the authority granted
by the Quimby Act. The Quimby Act specifically authorizes the City to require dedication of
parkland or the payment of fees in-lieu of such dedication in set amounts to meet the needs
of the citizens of the community for parkland and to further the health, safety and
general
welfare of the community.
16.60.020 Definitions.For the purpose of this Chapter, unless otherwise apparent
from the context, the following terms, phrases, words and their derivations shall
have the meanings respectively ascribed to
them by this section:a. Community park - means a park that generally services
an area comprising several neighborhoods within a radius of one to two miles.
The
size ranges from fifteen (15) to forty (40) acres. This type of park will generally
allow for a greater variety of recreation opportunities and provide either or both
active or passive recreation opportunities. A community park may provide for
sufficient opportunities for further development and unhindered use of
recreation facilities. It may also accommodate desired league standards and any
increase in intensity of usage. Finally, a community park may be developed
adjacent to a junior or senior high school in accordance with a joint use
agreement with the school district.
b. District No. 1 - means all of that geographical area within the boundaries of the City
of Orange which is west of th~ boundary of District No.2, together with that
portion of the City's sphere ofintluence not located within District No.2, as depicted
on a map on file with the otllce of the City Clerk, which is by reference hereto
incorporated herein as though Jully set forth.c.
District No.2 - means all of that geographical area bounded on the east by the City's
sphere ofintluence and on th(~ west by a line beginning at the intersection of Newport
Boulevard and the existing southerly boundary of the City of Orange; thence
continuing north along Newport Boulevard to Santiago Canyon Road; thence
continuing in a southeast direction along Santiago Canyon Road to the easterly
boundary of Tract No. 13102; thence continuing north along said easterly boundary
of said Tract No. 13102 to said tract's intersection with the Irvine Regional
Park; thence continuing westerly along the northerly boundary of said
Tract No. 13102 to the southwest comer ofIrvine Regional Park; thence continuing northerly
along the entire length of the boundary line bisecting the proposed Villa
Park Dam Regional Park and Irvine Regional Park to a point where it
intersects with the southerly ridgeline of the proposed Weir Canyon Regional Park;
thence continuing northerly along the ridge line of the proposed Weir Canyon
Regional Park to the northerly boundary of the City of Orange sphere of
intluence, as depicted on a map on file with the office of the City Clerk, which
is by reference hereto incorporated herein as though fully set forth.d. Dwelling
unit- means each single family dwelling, each dwelling unit in a duplex, apartment
house or dwelling, condominium, mobile home unit, and any other place
designed, occupied or intended for occupancy as a separate living quarter by
one or more persons for living, sleeping, cooking and eating.e. Fair
market value - means the fair market value of undeveloped residential real property as applicable
for the density classi fications and Districts established by resolution of the
City Council for the implementation of this chapter.f. Master Plan -
means the City of Orange Master Plan for Park Facilities,Recreation and Community Services
as adopted by the City Council of the City of Orange on December
14, 1999.3
g. Minimum park standards - means the mlmmum dedicated condition that is deemed
necessary by the City to accept land in order to help minimize health,safety,
and environmental issues typically created by vacant parkland. Future neighborhood
and community parks shall be physically configured so that they have
a consolidated shape, either rectangular or square in configuration. Long,narrow
or other shapes that do not lend themselves to the proper siting of park and
recreational facilities shall be avoided. Average slope gradients for neighborhood
parks shall not exceed five percent (5%) while average slope gradients
for community parks shall not exceed five percent (5%) for more than two-
thirds of the site; provided, however, that the portion of land in excess of
two-thirds dedicated for a community park having a slope gradient of more
than five percent (5%) shall not be credited toward the land dedication
requirements under Section 16.60.050 of this chapter unless otherwise determined by the
City Council upon recommendation of the Direetor of Community Services and
the Planning Commission. Minimum park standards shall also include full
street improvements, including five foot wide concrete sidewalks and five foot
wide parkways, for that portion of the land to be dedicated that abuts all
street frontages, sod stabilization for the parkways and a twenty foot setback
area behind the back of the sidewalk(s), soil pre:paration for the twenty foot
setback area for sod stabilization, grading for the entire site, hydro seeding the
area beyond the twenty foot sod setback arf:a, the installation of automatic
irrigation systems, adequate site drainage facilities, and the stubbing in of utility
services to the property line, all to full City standards or to the standards of the agency
or public utility having jurisdiction. Land dedicated for a park shall be land
which may be used for park and recreational purposes all year and upon
which recreational facilities may be
built.h. Neighborhood park - means a park that provides for daily recreation needs. The
optimum size for a neighborhood park is between four and ten acres with a
service area of a one-half mile radius. The park should provide a variety
of passive and active recreation opportunities. Active recreation facilities
are intended for informal games rather than organized league play. The park
should be easily accessible and encourage biking and walking access. It should
foster the development of open field play, picnic areas, and tot lots. This type of
park may also be developed adjacent to or in joint agreement with a
school.1. Park - means a parcel or contiguous parcels of land which provides recreational
land and facilities for the benefit and enjoyment of the residents and visitors of
the City.
J. Recreational facilities - means those improvements to parks which provide a recreational
opportunity for the user, including, but not limited to, ball fields,lighting,
swimming pools, tennis courts, picnic shelters, trails, play/tot lots, and community
buildings. These are improvements that are above the basic Minimum
Park Standard requirements.4
k.Subdivider - means a person, firm, corporation, partnership or association who proposes
to divide, divides or causes to be divided real property into a subdivision
for himself or for others.1.
Subdivision - means that definition contained in California Government Code Section 66424
and shall includ,: any division of land govemed by the provisions of the
Subdivision Map Act (commencing with California Government Code Section 66410).
16.60,
030 Applicability.Every subdivider
who subdivides land for residential purposes shall dedicate a portion of such
land, pay a fee, or a combination of both, at the option of the City as set forth in this chapter, at
the time and according to the standards and formula contained in this chapter.16,60,
040 Park Acreage Standard,It is
found and determined that the public interest, convenience, health, welfare, and safety require
that 3.0 net acres of use able parkland for each 1,000 persons residing within the City shall
be devoted to neighborhood and community parks.16,60.
050 Standards and Formula for Land Uedication.A. The
amount of land to be dedicated by a subdivider pursuant to the provisions of this chapter
shall be determined as follows:l) The
City shall determine the number of dwelling units per gross acre to be constructed. The
City shall determine the average number of persons per dwelling unit,
and this computation shall be based upon the average household size for
the dwelling units to be constructed, as disclosed by the most recent available Federal
census figures. When a proposed subdivision contains different types
of dwelling units, the following formula shall be used for each type of
dwelling unit and the results shall be totaled.2) The
amount of land to be dedicated shall be computed by multiplying the product of (
i) the number of proposed dwelling units, and (ii) the average number of
persons per dwelling unit within the density classification appropriate for the
subdivision in question, by the park acreage standard (3.0) and dividing that number
by 1,000.The amount
of land to be dedicated shall be determined pursuant to the following formula:
5
A = 3.0(DU x ppm
1,000
Definition of terms:
A - The area in acres requir<:d to be dedicated as park land.3.
0 - The park acreage standard for the City; number of acres per 1,000 persons.DU -
The
number of proposed dwdling units.PPD - The number
of persons per dwelling unit as applicable for the subdivision and type of
dwelling units to be constructed.B. If it is
determined that a subdivider is to dedicate land in accordance with the provisions of subparagraph A
of this Section 16.60.050, the subdivider, at the time the final tract map or final
parcel map is approved by the City Council, shall obligate itself, by a condition to such map,
to provide such land with the minimum park standards acceptable for dedication purposes to the
City. In-lieu of providing such minimum park standards, the subdivider shall pay
a sum equal to the per acre cost to provide such land with the minimum park standards acceptable
for dedication purposes to the City. The decision to accept a sWll equal to the
per acre cost to provide land dedicated in accordance with the provisions of subparagraph A of
this Section 16.60.050 with the minimum park standards in-lieu of the subdivider providing
such minimum park standards shall be at the discretion of the City Council.C.
The
City Council shall, by resolution, set forth the specific amount of the fees to be paid
by a subdivider in lieu of dedication of land, actual or updated cost estimates for the minimum park
standards, the average number of persons per dwelling unit, the residential density classifications,
and actual or updated estimates of fair market values for undeveloped residential real
property within District No.1 and District NO.2.16.60.
060 Formula for Fees in-lieu of Dedication.A.
If the proposed subdivision contains fifty (50) parcels or less, or if there is no site
suitable to the City for a park or recreation facility in the subdivision, or if it is otherwise determined
that a fee shall be paid in-lieu of dedication of land, the subdivider shall, in-lieu
of dedication ofland, pay a fee equal to the fair market value of the amount ofland prescribed
for dedication pursuant to Section 16.60.050, plus a sum equal to the per acre cost to provide
such land with the minimum park standards acceptable for dedication purposes to the City. When
a condominium project, stock cooperative, or community apartment project exceeds fifty (
50)dwelling units, the City may require dedication of land Ilotwithstanding that the nWllber
of parcels may be less than fifty (
50).
B. The money collected hereunder shall be used only for the purpose of developing
new, or rehabilitating existing park or recreational facilities reasonably related to serving the
citIzens living in the proposed subdivision, either by way of the purchase of land as necessary
for park purposes or, if the City Council determines that there is sufficient land available, for
the improvement of such land for park and recreational purposes. Any fees collected pursuant
to this chapter shall be committed within five (5) years after the payment of such fees, or the
issllance of building permits on one-half of the lots created by the subdivision,
whichever occurs later. If such fees are not committed, they shall be distributed and paid to the
record owners of the subdivision in the same proportion that the size of their respective lots bears
to the total area of all lots within the
subdivision.C. When a fee is required to be paid in-lieu of land dedication, the amount
of the fee shaH be based upon the fair market value of undeveloped residential real
property within whichever District the proposed subdivision is to be located for the density classification
of the proposed subdivision and the per acre cost to provide such land with the
minimum park standards acceptable for dedication purposes to the City. The fees created pursuant
to this chapter shaH be calculated on the basis of the number of dwelling units in the
subdivision. All fees collected shall be promptly transferred ~ar deposit in the Park
Acquisition and
Development Fund.D. The in-lieu fee shall be calculated by multiplying the acreage
amount of land which would otherwise have been required for dedication using the
formula from subparagraph A of Section 16.60.050 by the sum of the (i) fair market value of
undeveloped residential land within the District in which the proposed subdivision is to be located, and (ii)
the per-acre cost to improve such land with the minimum park standards acceptable
for dedication purposes to the City. The fee shall be determined pursuant
to the following formula:In-Lieu
Fee = A x (
FMV + MPSF)Definition of terms:A- The area in acres required to be dedicated as
park land using the formula from
Section 16.60.050.A.FMV- The fair market value of
undeveloped residential real property within whichever District the proposed subdivision is to be
located as applicable for the density
classification of the proposed subdivision.MPSF- The per acre cost to provide land
with the minimum park standards acceptable for
dedication
16.60.070 Choice of Dedication of Land or Payment of Fees or a Combination of
Both.
A. The procedure for determining whether the subdivider shall dedicate land, pay a
fee in-lieu thereof, or a combination of both, shall be as
follows:l) At the time of filing for approval a tentative tract or parcel map, the
subdivider of the property, as a part of the filing, shall indicate whether he or she desires
to dedicate property for park and recreational purposes or whether he or she
desires to pay a fee in-lieu thereof. If he or she desires to dedicate land
for such purposes, he or she shall designate the area thereof on the tentative
tract or parcel map as submitted and shall furnish to the City a Phase
I Environmental Assessment for the land proposed to be dedicated prepared in
compliance with the American Society for Testing and Materials Phase I
Environmental Site Assessment Standards. On subdivisions involving fifty (50) parcels or
less, only the payment of fees shall be required, except that when a
condominium project,stock cooperative, or community apartment project (as those terms
are defined in Section 1351 of the California Civil Code) exceeds 50
dwelling units,dedication of land may be required notwithstanding that the number
of parcels may be less than
fifty (50).2) At the time of the tentative tract or parcel map approval,
the Planning Commission shall recommend to the City Council, as a part of
such approval,whether to require a dedication of land within the subdivision, the payment
of a fee in-lieu thereof, or a
combination of both.3) Where dedication is required, it shall be accomplished in
accordance with the provisions of the Subdivision Map Act and conveyed to the
City. Real property dedicated pursuant to the provisions of this chapter shall be (
a) conveyed by grant deed in fee simple to the City by the subdivider free and
clear of all encwnbrances, except those which will not interfere with the use
of the property for park and recreational purposes and which the City agrees
to accept; (b)restricted to park and recreational purposes; and (c)
permanently devoted or dedicated to use by the general public, unless a
satisfactory substitute is approved by the City Council. Where fees are required, they
shall be deposited with the City at the time prescribed by Section
16.60.120.B. Whether the Planning Commission recommends that the City
Council accept the land dedic:ation or elect to require the payment of a fee in-lieu thereof,
or a combination of both, shall be determined by
consideration of the following:
1) The Master Plan;2) The topography, geology, access, and location of the
land in the
subdivision
3) The size and shape of the subdivision and the land available for dedication;
4) The location of existing or proposed park sites and recreational facilities; and
5) The desirability of developing the land proposed for dedication for park and
recreational purposes as deternlined by a schematic site plan submitted by the
subdivider.
C. In subdivisions of more than fifty (50) parcels, the subdivider shall both dedicate
land and pay a fee in-lieu thereof, in accordance with the following
formula:I) When only a portion of the land needed to satisfy the dedication
requirement meets the minimum park standards and is acceptable to the City as a park
site and is located within the proposed subdivision, such portion shall be
dedicated for park purposes and a fee, computed pursuant to the provisions
of subparagraph D of Section 16.60.060, shall be paid for the additional land
that would have been required to be dedicated pursuant to subparagraph A of
Section 16.60.
050.2) When a portion of a park site has already been acquired by the City and only
a portion of land is needed from a subdivision to complete the park site,
the remaining portion needed to complete the park site shall be dedicated and a
fee shall be paid in an amount equal to the value of the land computed pursuant
to the provisions of subparagraph D of Section 16.60.060, which othenvise
would have been required to be dedicated pursuant to subparagraph A of
Section 16.60.050; such fee to be used for the improvement of the existing park
and recreational facility, or for the improvement of other parks and
recreational facilities in the area served by the
subdivision.D. The determination of the City Council as to whether land shall be dedicated,
or whether a fee shall be charged, or a combination thf:reof, shall be final and
conclusive.16.60.080 Park Provision
Agreement.A. When a proposed subdivision is a part of a major land development (i.e., a
land development project exceeding 40 acres in size) and the owner of such land proposes to
permit development by several subdividers, provisions for land dedication or the payment of a fee
in-lieu thereof (or a combination of both) may be made by the owner through the adoption of
a park provision agreement with the
City.B. The decision to enter into a park provision agreement with the owner shall be
at the discretion of the City Council based on the following
criteria:
1)The park provision agreement shall be consistent with the Master Plan and the
minimum park standards.
2)Topography, geology, access, and location of land in the subdivision available
for dedication.
3)Provisions of Sections 16.60.050 - Standards and Formula for Land Dedication,16.
60.060 - Formula for Fees in-Lieu of Dedication, and 16.60.070 - Choice of Dedication of
Land or Payment of Fees or a Combination of Both.4)Size
and shape of the subdivision and land available for dedication.16.60.
090 Credits.A. When
park and recreational facilities, including equipment, are provided by the subdivider to
dedicated land, the value of the recreational facilities or equipment as determined by the
City Council, upon the recommendation of the Planning Commission, shall be a credit against the
fees to be paid or land to be dedicated pursuant to this chapter; provided that the recreational facilities
or equipment have been made or installed with the prior approval and to the satisfaction
of the Director of Community Services.B. Credit
shall not be allowed for single purpose commercial recreation facilities whether dedicated
or in private ownership.C. Partial
park dedication credit may be given when land dedicated for a community park
has a slope gradient of not more than five percent (5%) for more than two-thirds of
the site. The portion of land dedicated for a community park in excess of two-thirds may
be credited at the sole discretion of the City Council upon recommendation of the Director of
Community Services and the Planning Commission.D.
Where park land is provided by the subdivider in a proposed subdivision and such
park land is to be privately owned and maintainl~d by the future residents of the subdivision
and restricted for the use, benefit and enjoyment by the residents of the subdivision and
their guests and invitees, a maximum of 50% credit may be given for privately-owned park
land provided in conjunction with the development of a subdivision against the requirement for
dedication of park land in accordance with Section 16.60.050, subject to the following
conditions:
1) Credit for privately owned park land shall be subject to the approval of the City
Council at the time of approval of the tentative tract or parcel map and upon
recommendation of the Planning Commission.
2) The aggregate amount of privately-owned park land and public park land to
be provided under this paragraph D of Section 16.60.090 shall not be less than
the
park acreage standard set forth in Section 16.60.040; i.e., 3.0 acres of useable
park land for each 1,000 persons residing within the subdivision.
3) The amount of privately-owned park land for which a subdivider may
seek credit may not exceed one-third (1/3) of the amount of land
required for dedication under Section 16.60.050 and accepted by the City;
meaning, for example, in a subdivision requiring the dedication of 3.0 acres of use
able public park land in accordance with Section 16.60.050, not more than one
acre of privately-owned park land may be eligible for a credit and the credit
to be given shall not be greater than fifty percent (50%) of the fair
market value thereof.Assuming that a subdivider seeks and is given fifty percent (50%)
credit for a one-acre privately owned park, the subdivider would
then be required to dedicate 2.5
acres of public parkland.4) The credit to be given shall not be greater than fifty percent (
50%) of the fair market value of the privately owned parkland to be provided,
as such fair market value is determined by the
City Council by resolution.5) Unless otherwise determined by the City Council at the time
of approval of the tentative tract or parcel map, the privately owned
parkland must meet
the minimum park standards.6) Use of the privately-owned park land must be
restricted for park and recreation purposes by a recorded park provision
agreement, or such other recorded covenant as may be acceptable to the City Attorney,
which shall run with the land in favor of the future owners of the
property within the subdivision and which cannot be defeated or eliminated without the consent
of the City first had and obtained and in no event without
providing equivalent park land elsewhere within the subdivision or at such other location
as will serve the subdivision.Each resident of the subdivision mllst be eligible to
use the parkland and each lot or dwelling unit within the subdivision is subject
to a charge for a proportionate share of the cost and expenses
to
operate and maintain the parkland.7) Access to the privately owned parkland shall be
available and suitable to meet the recreation needs of the residents within the
subdivision
and their guests and invitees.E. Except as otherwise provided herein, no credit shall
be given for private
open space in any
subdivision.16.60.100 Exemptions.A. The provisions of this chapter do not
apply to industrial and commercial subdivisions, or to condominium projects or stock
cooperatives which consist of the subdivision of air space in an existing apartment building which is more
than five (5) years old when no new
dwelling
B. Subdivisions containing less than five (5) parcels and not used for residential
purposes shall be exempted from the requirements of this chapter; provided, however, that a
condition may be placed on the approval of such parcd map, that if a building permit is
requested for the construction of a residential structure, or structures, on one or more of the
parcels, within four (4) years, the fee may be required to be paid by the owner of each such
parcel as a condition to the issuance of the permit.
C. In order to ensure that the imposition of fees pursuant to this chapter will not be
contrary to the public interest, or prevent the development of a public service project, the City
Council may waive all, or any portion of, the fees required by this chapter if the City Council
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.
Moreover, the City Council may, from time to time, and as the need may arise, set forth, by
resolution, specific limitations, which will apply to waivers of fees which may be made
pursuant to this section. In this regard, this chapter shall b(: considered enabling and directory.
16.60.110 Automatic Annual Adjustment.
The fees imposed by this chapter shall be adjusted automatically on July 1st of each
fiscal year, beginning on July 1, 2004, to reflect the percentage increase or decrease in the cost
for minimum park standards on the basis of a factor recommended by the Director of Public
Works, which factor shall be based upon the Constnlction Cost Index as published in
Engineering News-Record, or its successor or similar publication, for the twelve month
period ending March 31st of the preceding fiscal year. All revisions shall be by a resolution
amending the Master Schedule of Fees and
Charges.16.60.120 Increase by
Resolution.Notwithstanding the automatic annual adjustment provided in Section 16.60.110,
the amount of the fees established pursuant to this chapter may be more specifically set and
revised periodically by resolution of the City Council, with this chapter being considered as
enabling and directive in this regard and with available Federal ,census data, actual or updated
cost estimates for the minimWll park standards, actual or updated estimates of the fair market
value for undeve10ped residential real property within District No. 1 and/or District No.2,
substantial changes in the City's Master Plan, Capital Improvement Plan and/or General Plan, or
other pertinent
information.16.60.130 Time for Payment of Fees and Dedication of
Land,At the time of approval of the tentative tract map or parcel map, the City shall
determine the amount of land to be dedicated, and/or the amount of fees to be paid by the subdivider.
At the time of the filing of the final tract or parcel map, the subdivider shall dedicate the land,
as previously determined by the City Council. The fees prescribed in this chapter shall be due
and payable upon application to the City for the first building permit for a subdivision. No
building permit shall be issued unless and until such fees are
paid.
16.60.140 Refunds.
Fees paid to the City and deposited into the Park Acquisition and Development fund
shall be committed within five (5) years after payment of such fees or the issuance of building
permits on one-half (Yz) of the lots created by the subdivision, whichever occurs later. If
the fees are not committed, they shall be distributed and paid without any deductions to the
then record owners of the subdivision in the same proportion as the size of their lot bears to the
total are:a of all lots within the
subdivision.16.60,150 Disposition of Proceeds-
Fund Created.A. All proceeds from the fees collected under this chapter shall be paid
into a special fund of the City entitled, Park Acquisition and Development Fund, which
fund is hereby created. All sums collected pursuant to the provisions of this chapter, together
with any interest income earned thereon, shall be used only for the purpose of
acquiring, building,improving, expanding and/or developing City parks in accordance with the requirements
of
this chapter.B. In the event that bonds or similar debt instruments are issued for
the advanced provision of park and recreational facilities for which in-lieu fees may be
expended, such fees may be used to pay debt service on such bonds or similar debt instruments to the
extent that the facilities provided are of the type to which the
fees involved relate.C. Funds may be used to provide refunds as described in Section
16.60.120.D. The Director of Finance shall maintain records specifically
identifying the origin of the funds used for any project or improvement funded, in whole or in part,
by the Park Acquisition and Development Fund. Such records shall enable the Director of
Finallce to trace the fees from new residential subdivisions to specific projects fWlded by
each subdivision. Any inkrest accruing on account of time deposit of the fund, or otherwise, shall be
deposited to the credit
of the fund.E. Upon receipt of a written application from the Director
of Community Services for disbursement of moneys from the Park Acquisition and Development Fund
on account of expenditures made or proposed for the benefit or use of parks or
recreational facilities, the Director of Finance shall immediately advise the City Manager (or his
designee) and provide him with copies of any accompanying documemts or papers that might have
been submitted in support of the application. Within ten (10) days after receipt of such notice,
the City Manager shall advise the Director of Finance whether the disbursement made or
proposed is consistent with this chapter. If the City Manager fails to so certify within ten (to) days,
it shall be presumed that he has made a positive finding therein. Within five (5)
days thereafter, the Director of Finance shall, if a positive finding has been made or presumed,
approve
payment
asrequested.13
16.60,160 Controlling State Law,
The provisions of this chapter and any resolution adopted pursuant hereto shall at all
times be subject and subordinate to the provisions of the Quimby Act, as the same presently
exists or may hereafter be amended from time to time, to the extent the same are applicable. In
the event of any conflict between the provisions of this chapter and state law, the latter shall
control.
SECTION II:
Should any section, subsection, clause, or provision of this Ordinance for any reason be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that anyone or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance
shall also be published once within fifteen (15) days after this Ordinance's passage in a
newspaper of general circulation, published, and circulated in the City of Orange. The City
Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members voting for and against the
Ordinance in accordance with Government Code Section 36933. This Ordinance shall take
effect thirty (30) days from and after the date of its final passage.
AIJiOPTED this 27th day of May, 2003.
MMark \<\. MUrp~y, Mayor of Orange
ATTEST:
tiA'-4A~
Cassandra J. C cart, City Clerk, City of Orange
14
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, Cassandra J. Cathcart, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the 13th day of May, 2003, and thereafter at a regular meeting of said City Council duly held on
th(~ 27th day of May, 2003, was duly passed and adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz I Al varez I Murphy I Coontz I Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
C!-c:clA--
dd_City Clerk, City of
Orange