ORD-18-88 REPEALING EXISTING CHAPTER 5.18 OF THE OMC ENTITLED RESIDENTIAL DEVELOPMENT FEE AND ENACTING A REVISED CHAPTER 5.18 ENTITLED PARK AQUISITION AND DEVELOPMENT FEESl
ORDINANCE NO. 18-
88 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE REPEALING EXISTING
CHAP-TER 5.18 OF THE ORANGE MUNICIPAL
CODE ENTITLED "RESIDENTIAL DEVELOPMENT
FEE"AND ENACTING A REVISED CHAPTER 5.
18 ENTITLED "PARK ACQUISITION AND
DEVELOP-MENT
FEES".WHEREAS, the City Council has heretofore received a
report from the Director of Community Services of the city of
Orange;
and WHEREAS, this report by the Director of Community
Services indicated a need to completely revise the ordinance
governing park acquisition and development fees. The current
provisions are set forth in Orange Municipal Code Chapter 5.18 and
these provisions have not been changed since the ordinance was
adopted;
and WHEREAS, the City Council, based on the report of
the Director of Community Services has indicated the cost for
dedi-cation acquisition and development has steadily increased as
has the increased need for recreation facilities;
and WHEREAS, the City Council has become convinced that there
is a need to increase the park acquisition and development fees
in order to continue to provide quality parks for our
growing community;
and WHEREAS, the City Council has also determined that there
is a need to permit land owners and developers to have the
oppor-tunity to propose the dedication and/or development of land
for park purposes in lieu of fees especially in large
undeveloped land area recently annexed to the city;
and WHEREAS, the increase in parks, recreation, and
maintenance fees will more accurately reflect the real cost of
providing recreation facilities;
and WHEREAS, the City Council feels that it is important
that all property owners proposing development in the City have
an opportunity to present all evidence they may have concerning
the need of the City for revised and increased park acquisition
and development fees as well as any evidence they may have
concerning land dedication in lieu of fees;
and WHEREAS, as a result of such hearing, the City Council
has determined that the following ordinance should be enacted in
the interest of the public health, safety, and welfare of
the citizens of the City of
NOW,
THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY
ORDAIN AS FOLLOWS:section
I:Chapter
5.18 of the Orange Municipal Code is hereby repealed.
Section
II:A
completely revised Chapter 5.18 of the Orange Municipal Code
is hereby adopted to read as follows:Chapter
5.18 Sections:
5.
18.010 5.
18.020 5.
18.021 5.
18.022 5.
18.023 5.
18.024 5.
18.025 5.
18.026 5.
18.030 5.
18.040 5.
18.050 5.
18.060 PARK
ACQUISITION AND DEVELOPMENT FEES Purpose.
Definitions.
Requirements.
Standards
and Land Dedication.Credit
for Developed Public Park Recreational
Facilities.Choice
of Land Dedication, Fees, or Combination.
Park
provision Agreement.Exceptions.
Fees.
Payment
of Fees.Refunds.
Disposition
of Proceeds - Fund Created.5.18.
010 Purpose. The parks and recreation facilities for which dedication
of land, the payment in-lieu thereof, or a combination
of both, is required by the Orange Municipal Code in accordance
with the Recreation Element of the General Plan of the City
of Orange.5.
18.020 Definition. For the purpose of this Chapter, the words
defined in this Section shall have the meanings assigned to them:
A.
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.B.
MOBILE HOME PARK RESIDENTIAL UNIT means a pad in any area
where one or more lots or spaces are rented or held out for rent
to be occupied by a house trailer, mobile home, camper or similar
vehicle used for residential purposes.Ord.
No. 18-88
2 -
C. MULTIPLE-FAMILY RESIDENTIAL UNIT means a dwelling
unit in a building designed for human occupancy by more than
one family, and which provides a kitchen for independent living
in each dwelling unit. "Multiple-family residential
unit" specif-ically excludes any dwelling unit in a building
or structure designed or intended to be occupied or used for
business or commercial purposes, such as sleeping rooms in hotels
and motels without kitchens or
kitchen facilities.D. SINGLE-FAMILY RESIDENTIAL UNIT
means a building designed for human occupancy containing a
kitchen, designed to house not more than one family, including
all necessary employees
of such family.5.18.021 Reauirements. As a condition of
approval of a final subdivision map or parcel map, the
subdivider shall dedi-cate land or pay a fee in lieu thereof, or a
combination of both,at the option of the City, for park
or recreational purposes.5.18.022 Standards and Land
Dedication. The public interest, convenience, health, welfare, and
safety require that three acres of "usable" park land per
one thousand potential population be devoted to local park
and recreational purposes.5.18.023 Credit for Developed Public
Park and Recreational Facilities. A. When park and recreational
improvements are made by the subdivider to dedicate land in accordance with
the City's general and specific plans and section, the
City Council may credit the value of the improvements together
with any equipment located thereon against the payment of fees or
dedication of land required
by this Chapter.B. Credit shall not be allowed
for single purpose commercial recreation facilities whether dedicated
or
in private ownership.
5.
18.024
Combination.subdivider
is methods shall Choice of Land Dedication.
Improvement. Fees. or A. The procedure for
determining whether the to dedicate, improve, pay a fee,
or combination of
be as follows:1. At the time of filing a tentative
tract map for approval, the subdivider of the property shall, as a
part of such filing, indicate whether the subdivider
desires to dedicate property for park and recreational purposes,
improve the park land, or whether the subdivider desires to pay a
fee in lieu thereof. If the subdivider desires to dedicate
land for this purpose, the subdivider shall designate the area
thereof on the tentative tract
map as submitted.2. At the time of the tentative tract
map approval, the Planning Commission shall determine as a part
of such approval whether to require a dedication of land
within the subdivision,payment of a fee in lieu thereof, accept
improvement, or a
combination of methods.
3 -Qrd. No.
3. Where dedication is required, it shall be accomplished in
accordance with the provision of the Subdivision Map Act. Where
fees are required, the same shall be deposited with the city prior
to the approval of the final tract or parcel map. Open space
covenants for private park or recreational facilities shall be
submitted to the city prior to approval of the final tract map and
shall be recorded contemporaneously with the final tract map.
5.18.025 Park provision Aoreement. A. As an alternative to
dedication or payment of an in lieu fee, a subdivider may develop
and dedicate park land or pay the cost thereof, in lieu of, and as
a credit against, any other obligations.
B. The decision to enter into a park provision agreement
with the developer shall be at the discretion of the Orange City
council based on the following criteria:
1. Open space element of the City's general plan.
2. Topography, geology, access, and location of land in
the subdivision available for dedication.
3. Size and shape of the subdivision and land available
for dedication. The determination of the City Council as to
whether land shall be dedicated, fees charged, dedicated land
improved, or a combination thereof, shall be final and conclusive.
5.18.026 Exceptions. Park land dedications or fees in lieu
shall not be required for the following:
A. Industrial subdivisions or developments;
B. Commercial subdivisions or developments; and
C. Affordable housing. Park land dedication fees may be
waived by the City Council upon the submission and approval of
agreements for specific projects designed and guaranteed for low
income, senior, and handicapped citizen occupants.
5.18.030 Fees. A. One thousand five hundred dollars
1,500) for each single-family residential
unit.B. Eight hundred dollars ($800) for each
multiple-family
residential unit.c. six hundred dollars ($600) for each mobile
home park
residential unit.5.18.040 Payment of Fees. The fees prescribed
in section 5.18.030 shall be due and payable upon application to the
City of Orange for a Building Permit for any construction which
adds a residential unit or units in the City unless park land and/
or park improvements satisfying the requirements of this
ordinance have previously been conveyed to the City. No Building Permit
shall be issued until such fees
are paid.4 -
Ord. Nc. 18-
u__~!
5.18.050 Refunds. Any tax paid to the City under this
Chapter for any residential unit which is not constructed shall
be refunded upon application of the taxpayer and a showing to the
satisfaction of the Business Services Coordinator that the resi-
dential unit has not been constructed and that there is no valid
Building Permit issued to permit such construction at the time of
the refund to the taxpayer.
5.18.060 Disposition of Proceeds - Fund Created. All pro-ceeds
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 acquiring and developing city parks.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 the
Orange city News, 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 5th day of ATTEST:
1hA4/~
11 04A?~City
Cler f t~~y of Orange 5 -
Qrd. No. 18-
88
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, DO HEREBY CERTIFY that the foregoing Ordinance No.
18-88 was regularly introduced, reading in full was waived,
was read by Title, was passed and adopted at a regular meeting of
the city Council, city of Orange, California held on the 5th
day of July , 1988, by the following vote to
wit:AYES: COUNCIL MEMBERS: SMITH, BARRERA, COONTZ, MAYOR PEREZ,
BEYER NOES: COUNCIL MEMBERS:
NONE ABSENT: COUNCIL MEMBERS:
NONE ABSTAIN: COUNCIL MEMBERS:
NONE41.-//
city Clerk 0 the itV'of Orange
6 -Ord. No.
18-88