HomeMy WebLinkAboutORD-11-00 Amend Ch 5.18 Dedication of Land for Park & RecORDINANCE NO. 11-
00
r".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 DEDICATION OF LAND, PAYMENT OF A FEE
IN LIEU THEREOF, OR A COMBINATION OF
BOTH,FOR PARK AND RECREATIONAL
PURPOSES.WHEREAS, Section 66477 of the Government Code of the State of California (
the Quimby Act") authorizes cities to require the dedication of land, the payment of fees in
lieu thereof ("In-Lieu Fees"), or a combination of both, for park or recreational purposes
as a condition of approval of a tentative tract or parcel
map; and WHEREAS, Chapter 5.18 of the City of Orange Municipal Code
requires the dedication of land, the payment of In-Lieu Fees, or a combination of
both, in conjunction with the:: development of
residential subdivisions; andWHEREAS, Chapter 5.18 was last reviewed
in 1988; and WHEREAS, this City Council has received and duly considered
a study entitled City of Orange Quimby Ordinance Background Report", dated
December, 1999, and prepared by Hogle-Ireland, Inc. (the "Study"),
which Study contains information,documentation and analysis of the park and recreational issues and needs
within the City of Orange ("City") including: (a) the purpose of the land dedicated or fees
to be collected and used ("In-Lieu Fees") for the purpose of
developing new or rehabilitating existing neighborhood or community park or recreational facilities required to
serve the needs of the residents of a proposed subdivision; (b) a description of
how the park and recreational facilities are in accordance with definite principles and standards
contained in the City's Master Plan for Park Facilities, Recreation and Community
Services, which was adopted by the City Council on December 14, 1999 ("Master Plan"); (c)
an analysis of the reasonable relationship between the amount and location ofland to be dedicated
or the In-Lieu Fees to be paid and the use of the park and recreational
facilities by the future inhabitants of r'" proposc::d subdivisions; (d) a schedule specifying how, when, and
where the City will use the land or In-Lieu Fees, or both, to develop park
or recreational facilities to
WHEREAS, the City of Orange ("City"), as the "lead agency" under the California
Environmental Quality Act ("CEQA"), prepared an Initial Study, dated October 12, 1999 (the
Initial Study"), to identify, analyze and evaluate the potential environmental impacts -..associated
with the adoption of the Master Plan and the proposed amendment to Chapter 5.18 of
the Orange Municipal Code related to park dedication and development fees;WHEREAS,
Negative Declaration No. 1609-99 (the "Negative Declaration") was
prepared by the City and presented to the City Council for consideration on December 14,
1999, in connection with the proposed adoption of the Master Plan because it appeared that
neither the adoption of the Master Plan nor the amendment of Chapter 5.18 of the Orange
Municipal Code would have a significant effect on the environment; and
WHEREAS, the Negative Declaration was considered by the City Council, along with
any comments received during the public review period, prior to the adoption of the Master
Plan, and, based upon substantial evidence, the Negative Declaration was adopted on December
14, 1999; and
WHEREAS, the City Council finds and determines that (a) the Negative Declaration
was presented to this Council and the members of the Council have reviewed and considered
the information contained therein prior to taking any action recommended in the agenda report
accompanying this Resolution; and (b) the project described in the Initial Study and the
Negative Declaration will have no significant effect on the environment.
WHEREAS, the Study was made available to the public before this City Council
considered it at a regularly scheduled public meeting; and
WHEREAS, all required notices of the proposed establishment and imposition of
the In Lieu Fees have been given; and
WHEREAS, after publication of notice, as required by law, a public hearing has
been duly held by the City Council in accordance with the Act on the proposed establishment
and imposition of the In-Lieu Fees;
and WHEREAS, the purpose of this ordinance is to provide revised standards for
park dedication, subdivider credit for recreational facilities, and the payment of in-lieu
fees as spedfied in 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;
and WHEREAS, due to the significant difference in the fair market value of
undeveloped residential property within certain geographical areas, the City Council desires to
establish separate Districts for which separate in-lieu fees shall
be established.Ord. No.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
Chapter 5.18 is repealed in its entirety and replaced with a new Chapter 5.18 to read
as follows:
Sections:
5.18.010
5.18.020
5.18.030
5.18.040
5.18.050
5.18.060
5.18.070
5.18.080
5.18.090
5.18.100
5.18.110
5.18.120
5.18.130
5.18.140
5.18.010
Chanter 5.18
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.
Revision of Fees.
Time for Payment of Fees and Dedication of Land.
Refunds.
Disposition of Proceeds-Fund
Created.
Purnose.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 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 park land or the payment of fees in lieu of such dedication in set amounts to meet the
needs of the c;itizens of the community for park land and to further the health, safety and
general welfare of the
community.Ord. No. 11-
5.18.020 Definitions.
For the purpose of this Chapter, the words listed in this section shall have the
following meanings assigned to them: -..a. "
Community park" means a park that generally services an area comprising several
neighborhoods within a radius of one to two miles. The desired park 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 the boundary of District No.2, together with
that portion of the City's sphere of influence not located within District No.
2, 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.c.
District No.2" means all of that geographical area bounded on the east by the City'
s sphere of influence and on the 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 corner of Irvine
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 ridgeline of the proposed Weir Canyon Regional Park to the northerly
boundary of the City of Orange sphere of influence, 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.Ord. No.
11-00 TJR
e.Fair market value" means the fair market value of undeveloped residential
real property as applicable for the density classifications 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.
g. "Minimum park standards" means the minimum 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 park land. 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 citing
of park 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 5.18.050 of this Chapter unless otherwise determined
by the City Council upon recommendation of the Director 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 sidewa1k(s), soil preparation for the
twenty foot setback area for sod stabilization, grading for the entire site, hydro
seeding the area beyond the twenty foot sod setback area, 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.I"""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.Old.
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 ofthe 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.
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 include any division of land governed by the
provisions of the Subdivision Map Act (commencing with California
Government Code Section 66410).
5.18.030 ADlllicability.
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.
5.18.040 Park Acreaee Standard.
It is found and determined that the public interest, convenience, health, welfare, and
safety require that 3.0 net acres of use able park land for each 1,000 persons residing within
the City shall be devoted to neighborhood and community parks.5.
18.050 Standards and Formula for Land Dedication.A.
The amount of land to be dedicated by a subdivider pursuant to the provisions of this
Chapter shall be determined as follows:Ord.
No. 11-00 TJR
1)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 or a census taken by the City and validated by the
population research unit of the state department of finance, pursuant to
Government Code Sections 40200 et seq., unless there is substantial evidence
to support a finding by the City that a different household size is appropriate
for some, or all, of the dwelling units proposed to be constructed. 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. The average number of persons per dwelling unit shall be adopted by
a resolution of the City Council as the census figures become available.
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 density classifications shall be adopted
by a resolution of the City Council from time to time as deemed appropriate.
The
amount of land to be dedicated shall be determined pursuant to the following formula:A =
3.0roU x PPD)1,
000 Definition
of terms:A -
The area in acres required 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 dwelling units.PPD - The number of
persons
per dwelling unit as applicable for the subdivision and type of dwelling units to be
constructed.Ord. No. 11-00 TJR
B. If it is determined that a subdivider is to dedicate land in accordance with the
provisions of subparagraph A of this Section 5.18.050, 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 sum equal
to the per acre cost to provide land dedicated in accordance with the provisions of subparagraph
A of this Section 5.18.050 with the minimum park standards in lieu of the subdivider
providing such minimum park standards shall be at the discretion of the City Council.
5.
18.060 Formula for Fees in Lieu of Dedication.A.
General Formula. 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 of land, pay a fee equal to the fair market value
of the amount of land prescribed for dedication pursuant to Section 5.18.050, 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 notwithstanding that the number of parcels may be less than fifty 50).
B.
Use of Money. 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 issuance 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
shall 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.Ord.
No. 11-00 TJR
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
Section 5.18.050.A 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 I"'" improvc~ 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 5.18.050.
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 purposes to the City.
E. The fair market value of undeveloped residential real property within District
No.1 and District No.2 and the per acre cost to provide land with the minimum park
standards acceptable for dedication purposes to the City shall be determined by the City
CounciJl using the following method:
I) The City Manager shall annually survey the fair market value of undeveloped
residential real property within District No. 1 and District No. 2 in the
residential density classifications. This survey may be prepared through
various means including, but not limited to, the selection of one or several real
estate professionals or appraisers within the City to provide current estimates
of such undeveloped residential real property fair market values.
2)The City Manager shall annually survey the per acre cost to provide land with
the minimum park standards acceptable for dedication purposes to the City.
This survey may be prepared through various means, including, but not
limited to, the selection of one or several registered landscape architects to
provide current estimates of the per acre cost to provide land with the
minimum park standards acceptable for dedication purposes to the City.
3) The City Council shall adopt a resolution establishing the fair market values
for one acre of park land within District No. 1 and District No. 2 and the per
acre cost to provide land with the minimum park standards after considering
the results of the aforementioned surveys and any other relevant information.
Ord. No. 11-00
5.18.070 Choice of Dedication of Land or Payment of Fees or a
Combination of Both.
A. Procedure. 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: __
1) Determination by the subdivider. 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) Action of the City. 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)Prerequisites for acceptance of final maps and payment of fees. 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 encumbrances, 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 5.18.120.
B.
Determination. Whether the Planning Commission recommends that the City COlmcil
accept the land dedication 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 for Park Facilities, Recreation and Community Services;Ord.
No. 11-00 TJR
2) The topography, geology, access, and location of the land in the subdivision
available for dedication;
3) The size and shape of the subdivision and the land available for dedication;
I'"
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 determined 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:1) 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
Section 5.18.060.D, shall be paid for the additional land that would have been
required to be dedicated pursuant to Section 5.18.050.
A.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 Section 5.l8.060.D, which otherwise would
have been required to be dedicated pursuant to Section 5.l8.050.A; 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 thereof, shall be final and
conclusive.18.080 Park Provision A~
reement t""""'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 irl 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:Ord. No. 11-
1 ) The park provision agreement shall be consistent with the Master Plan and the
minimum park standards.
2)Topography, geology, access, and location ofland in the subdivision available
for dedication.
3) Provisions of Sections 5.18.050 Standards and Formula for Land Dedication,
5.18.060 Formula for Fees in Lieu of Dedication, and Section 5.18.070 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.
5.18.090 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
det<::rmined 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 ofland 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 maintained 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 5.
18.050,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 5.18.090 shall not
be less than the
3)
park
acreage standard set forth in Section 5.18.040; Le., 3.0 acres of useable park
land for each 1,000 persons residing within the subdivision.The
amount of privately-owned park land for which a subdivider may seek
credit may not exceed one-third (113) of the amount of land required
for dedication under Section 5.18.050 and accepted by the City; meaning,
for example, in a subdivision requiring the dedication of 3.0 acres of
useable public park land in accordance with Section5.18.050, 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 park land.4) The credit to be given shall not be greater than fifty percent (
50%) of the fair market value of the privately-owned park land 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 park land
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 shallrun 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 must be eligible to use the park land 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 park land.7)Access to the privately-owned
park land shall be available and suitable to meet the recreation needs
of the residents
within the subdivision and their guest and invitees.E. Except as otherwise provided herein,
no credit shall be
given for private open
space in any subdivision.5.18.100 ExemDtions.A. The provisions of this
Chapter do not apply to industrial and commercial subdivisions or to condominium
projects or stock cooperatives
subdivision of air space in an existing apartment building which is more than five (5) years
old when no new dwelling units are being added.
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 parcel map, that if a building permit is requested
for the construction of a residential structure, or structures, on one or more of the par(~
els, 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.
When a subdivider of a subdivision proposes to construct at least twenty pen~
ent (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 dwdling
units for "very low income households" (as defined in Section 50105 of the California
Health and Safety Code), the subdivider may apply for an exemption from this Chapter
for that portion of the subdivision which consists of the construction, conversion or use
of dwelling units that are affordable to very low income households and/or lower income households (
as the case may be). The City Council may, upon the recommendation of the Planning
Commission, exempt that portion of the subdivision targeted for affordability to very
low income households and/or lower income households (as the case may be) from the provisions
of this Chapter 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 Section 50053 of the Health and Safety Code and the subdivider 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.
5.18.110 Revision of Fees.
The City Council shall review the fees established by resolution of the City Council
under and pursuant to the authority of Section 5.18.060 of this Chapter on an annual basis
and such fees shall be adjusted to current values on a no less than biennial basis. At the time
of the annual review, if land values have not changed in either direction up or down, by at
least five percent (5%), no change shall be undertaken until the time of the biennial review.
All revisions shall be by a resolution amending the Master Schedule of Fees and Charges.
5.
18.120 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 dett::
rmine 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.Ord.
No. 11-00 TJR
5.18.130 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
1""'0 building permits on one-half (%) 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 area of all lots within the
subdivision.18.140 DisDosition of Proceeds-
Fund Created.All proceeds from the fees collected under this Chapter shall be paid into
a special fund of the City entitled "Park Acquisition and Development" which fund is
hereby created.The fund shall be used only for the purpose of rehabilitating, acquiring and/
or developing City parks in accordance with the requirements of
this Chapter.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
Finance to trace the fees from new residential subdivisions to specific projects funded
by each subdivision. Any interest accruing on account of time deposit of the fund, or
otherwise, shall be deposited to the credit of
the fund.a. Upon receipt of a written application from the Director
of Community Services for disbursement of moneys from the 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 them with copies of
any accompanying documents 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 (10) 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
as requested.1""'0
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.Ord. No.
SECTION III.
A summary of this Ordinance shall be published and a certified copy ofthe 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.ADOPTED
this 13th day of June, 2000 ATTEST:
au<
uPd e-t"A/~
Cassandra J. Cat , City Clerk of the City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do
henlby certify that the foregoing Ordinance was introduced at the regular meeting of the City
COlmcil held on the 23rd day of May, 2000, and thereafter at the regular meeting of said City
COlmcil duly held on the 13th day of June, 2000, was duly passed and adopted by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Murphy, Slater, Coontz, Spurgeon, Alvarez
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Ord.
No. 11-00 TJR