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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