HomeMy WebLinkAboutPARK IN-LIEU FEESr
\Z�00\10_1\
-ATY OF NEWPORT ARCH
MINUTES
July 24, 1989
(c) One Parking Control Officer,
Traffic Division.
1
d) One Senior Parking Control Officer,
Traffic Division.
(e) One Administrative Clerk, Public
orks Department.
(f) On Refuse Worker I, General
Ser ices Department.
(g) One E uipment Operator II, General
Servic Department.
(h) One Gronnsworker I, Parks
Divisio
(i) One Groundsw\Coor
Parks
Division.
(j) One Buildingnce Worker I,
Recreation D
(k) One Recreatinator,
Recreation D
(1) One Maintenance Worker , Field
Maintenance Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and appro 1:
(a) Report from the Planning Depar ment
regarding the ANNUAL RENTAL VACANCY
RATE SURVEY. 7
(b) Letter from the Mayor to the
Federal Aviation Administration
concerning near misses of aircraft
using JOHN WAYNE AIRPORT.
(c) Removed from the Consent Calendar.
(d) Report from Parks, Beaches and
Recreation Director concerning_PARK
IN LIEU FEE ZONES.
Removed from the Consent Calendar
Volume 43 - Page
Planning/
Anul Rntl
Vcncy Rt
(68)
O/C -Sohn
Wayne Arpt
(54)
PB&R/Prk
In -Lieu
Fee Znz
OTY OF NEWPORT COACH
MINUTES
49
tk-\re-�,A
July 24, 1989
(a) Janet D. Kiser seeking
Kiser
reimbursement for tetna shot
treatment as a result of stepping
on rusted spike sticking out of
sidewalk near Corona del Mar beach
on June 15, 1989.
Lido Brass and Copper, Inc.,
Lido Brass/
alleging property damage as a
Copper
result of sewer backup at 3431 Via
Oporto on June 2, 1989.
(g) Patricia Passy and Victor Passy
Passy
lleging damages as a result of
affic accident on Berkley Drive
n ar intersection with Campus Drive
on January 9, 1989.
on
(h) Ran y Dean Ross alleging damage to
Ross
park d motorcycle east of Placentia
on Center Avenue by City
vehic a on June 16, 1989.
(i) Scott nnedy Maritime Gallery
Scott
allegin property damage to floor
Kennedy
and carp t at 3431 Via Oporto,
Maritime
Suite 10 C, due to flooding of
Gallery
sewage to front portion of gallery
on June 2, 1989.
7. SUMMONS AND COMP AINTS - For denial and
(36)
confirmation of t e City Clerkos
referral to the cl ims adjuster:
(a) Nicolas Sell f r personal injuries,
Sell
Orange County perior Court Case
No. 595285. Cl�im was denied by
City Council on 9, 1989.
\anu"ary
(b) Robert Speich foersonal
Speich
injuries, Orangeunty Superior
Court, Case No. 95. Claim was
denied by City Coun it January 12,
1987.
(c) Nicholas Shoup for pe sonal
Shoup
or
injuries, Orange Count\nJanuary
Court, Case No. 590170was
denied by City Council
9, 1989.
8. REQUEST TO APPROVE/FILL PER
(66)
VACANCIES: (Report from thManager)
(a) One Video Producer, Po
Department.
(b) Two Police Officers, Patrol
Division.
Volume 43 - Page 302
4
k
0 CITY OF NEWPORT BEACH 0
•
Parks, Beaches and Recreation Department
July 24, 1989
CITY COUNCIL AGENDA
ITEM NO. F W )
TO: Mayor and City Council
FROM: Parks, Beaches and Recreation Director
SUBJECT: PARK IN LIEU FEE ZONES
Recommendation:
Retain zone boundaries as established for Park In Lieu Fees.
Discussion:
The Parks, Beaches and Recreation Commission at their meeting of July 5, 1989
•reviewed the Park Dedication Ordinance and specifically the zones established
for in lieu fees that satisfy the requirement that fees collected be used
reasonably related to the area from which they are generated. After considerable
discussion, by a 5-0-1 vote, the Commission determined that the geographical
boundaries are equitable and should be retained. One Commissioner abstained
from voting on this matter due to the fact that the item was added to our
agenda by mail after the original agenda was prepared. The abstaining
Commissioner felt that this procedure did not allow public input to their
decision.
RonaWitleYj�-
•
r'
• City Council Meeting July 24, 1989
Study Session Agenda Item No.
CITY OF NEWPORT BEACH
TO: City Council
FROM: Planning Department
SUBJECT: IN LIEU PARK FEES
Background
At the City Council Study Session of August 10, 1987, the City Council requested
that the Planning Commission study the advisability of expanding the City's in
lieu fee requirement for parks to those projects which are not currently required
to pay a fee as the result of having processed a subdivision or parcel map. This
subject matter originally was brought to the attention of the City Council by
Councilmember Hart as the result of the 146 unit senior citizen congregate care
facility currently under construction on Superior Avenue near Placentia Avenue.
The issue is, had the 146 units in this project been interpreted to be a
residential development, as opposed to being treated like a hotel, and had it
required a subdivision or parcel map, the developers would have paid a fee to
the City of $1,006,578.00 for parks in addition to the $20,578.00 in Property
Development Taxes which were collected for parks, fire stations and libraries.
Implementation of the Recreation and Open Space Element
On February 11, 1985, the City Council adopted the current Recreation and Open
Space Element of the General Plan. This plan, in addition to inventorying
existing facilities also identified new recreation and open space sites, and
contains recommendations for intensification or expansion of existing sites and
programs. Also considered, but not adopted as part of the Recreation and Open
Space Element, was an Implementation Handbook. This document contains informa-
tion on various cost categories associated with the implementation of the
Recreation and Open Space Plan as well as funding sources. Funding suggestions
include possible revisions to the City's Park Dedication Ordinance and doubling
of the Building Excise Tax, as well as taking a look at City tideland and lease
revenues, user fees, park bonds, private open space support, SB821 funds, County
funds and Coastal Conservancy revenues (see attached).
Assembly Bill 1600
AB1600 (Cortese), which went into effect on January 1st of this year, requires
the City to establish a reasonable relationship between a development project
and the public improvement for which a developer fee is to be charged. This
relationship must be established in imposing a fee as a condition of approval
of a development project, establishing a new fee or increasing an existing fee.
In addition it requires segregation from the general fund and a refund procedure
if the funds are not committed, actually spent, or a continuing need justified
after five years have expired.
TO: City Council - 2.
City Council Direction
It is the opinion of staff that an ordinance can be prepared which would be
similar in concept to the City 's Fair Share Traffic Contribution Ordinance. That
is, it would be an ordinance which first takes a look at all of the park and
recreation sites and facilities to be acquired, built and expanded, and then
identifies the method by which they are to come to fruition, be it by outright
dedication or by fee, and the source of that fee. The shortfall, if any, would
be the new levy to be established by the ordinance. However, it is also the
opinion of staff that such task may not be worth the effort required, given the
following :
1. The City has recently revised the Land Use Element of the General Plan,
resulting in a reduction in population at buildout and a corresponding
reduction in projected park land needs.
2. There are very few residential sites remaining where two or more units can
be built, which will not require either a subdivision map or a parcel map.
3. Recently -constructed or approved multi -family projects have involved
affordable units where in lieu fees have been waived so as to assist in
their affordability.
4. Congregate care and senior citizen projects for the elderly have generally
been treated as commercial or institutional facilities not covered by the
current ordinance.
5. The shortfall to be funded cannot be determined until the willingness of
the City Council to explore other sources of revenue, as suggested in the
Implementation Handbook, is known.
6. The City Council is currently exploring sites to be acquired through Park
Bonds. These sites need to be identified.
In conclusion, the staff is prepared to proceed; however, some direction would
be helpful.
Respectfully submitted,
JDH/kk
SSINLIEU.724
Attachment
8. Funding Sources
There are several candidate financing techniques for the funding of recrea-
tion and open space acquisition improvement or maintenance and operation.
Some techniques have been addressed as specific implementation techniques.
Park Dedication Ordinance
This ordinance, which is recommended for revision, enables the acceptance of
dedicated land or fees in lieu of land in satisfaction of the park land
required to serve new residents. It is therefore based upon development of
residential projects. These fees are used both for new projects and are
accumulated as in -lieu fees as a means to shift fees among neighborhoods.
The funds must be expended to benefit the neighborhood in which they are
collected.
The park dedication ordinance is intended to provide for the acquisition of
required parklands. The funds and land obtained through this mechanism are
not intended to provide for parkland maintenance. One drawback to the
ordinance is that it cannot require collection for infill projects which do
not require a subdivision map and a substantial portion of the City's remain-
ing development is small infill projects.
The City has adopted the occasional practice of granting park credits, or a
credit from future park dedication requirements, to facilitate a public pur-
pose such as the acquisition of environmentally sensitive open space areas.
It is recommended that the City honor all park credit commitments made to
date. The structure of the Element revision will not necessitate future park
credits.
The following table depicts the total park dedications due to new develop-
ment. The table includes the recommended land dedication - in -lieu fee split
proposed. The total 50.1 acres and $4,724,220 in fees are sufficient to
cover demands projected in Chapter 3 for new park development and intensifi-
cation projects.
19
POPULATION INCREMENTS/PARK AREA REQUIREMENTS
Net2
Popula-
Net O.U.
Increase Subject
tion
Increase
Park3
Fee 4
Net to Parkl
D.U. Dedica-
Subject
to Park
Area
Require-
Equiv.
In -Lieu
Recommended6
Require -
Service
Area
Increase tion Dedication
Tent
Fee
ments
1
3,483 2,608
5,868
29.3
$13,097,334
25.0 ac.
$1,462,606
2
311 47
106
.53
$ 236,914
---
3
693 274
617
3.085
$ 1,379,019
2.7 ac.
45
--- ---
---
---
---
---
5
20 3
7
.035
$ 15,645
6
190 29
65
.325
$ 145,278
7
888 888
1,998
10
$ 4,470,080
12 ac.
$8409000
•8
614 96
216
1.08
$ 482,769
9
1,320 1,233
2,774
13.87
$ 6,200,001
8 ac.
$1,857,008
10
736 110
248
1.24
$ 554,290
$249a606
11
184 184
414
2.1
$ 9382717
2.2I/Uac.
0
TOTAL
8,439 5,472
12,313
61.57
$27$20,047
50.14 ac.
1 Only
units with subdivision
maps are required to provide pack area or in -
have prepaid in -lieu fees which are
lieu
fees. Also, some new
subdivisions
being
held by the City at present.
2 2.25
persons per household.
3 5 acre/1000
population standard.
4 Assumed value $447,008.
5 Not available.
6 Approximately
$385,292 in
lieu fees
will be
collected in
there
excess of these
be unusual
requirements which is recommended
to be held should
increases in costs.
20
`�
0
L
City Tideland and Lease Revenues
The City receives tideland revenues from the following sources:
--residential permits
--commercial permits
--offshore moorings
--Balboa Yacht Basin
--One-time commercial permit
--Corona del Mar parking lot
--Balboa parking lot
These revenues are used to maintain and operate tidelands including beach
cleanup, moorage administration, and dredging to replenish public beaches.
Some projects noted in the specific implementation recommendations could con-
stitute appropriate tideland expenditures such as North Star beach, Semeniuk
Slough improvements or the Pacific Coast Highway public boat launching area.
The City receives revenues from leases.on City property such as Marinapark,
Balboa Bay Club, Beacon Bay and others. These funds are used to maintain
City leaseholds and 47% of the revenues are deposited in the Tideland fund•
with the remainder deposited in the general fund.
Private Open Space Support
Public grants, individual and corporate contributions and community fund
raising are all viable open space funding sources. The City will continue to
encourage private donations to its park program and will publicize the oppor-
tunity to make such donations.
Park Bond
The City has considered park bonds in the past and has declined thus far to
approve bonds. There is a gap in funds for park improvement and acquisition
purposes particularly in existing service areas such as Service Area 1 - West
Newport. A decision not to pursue a park bond election would have greatest
impact in existing neighborhoods and fully built out -of -City development
areas.
User Fees
Existing user fee policies focus on program charges which should be contin-
ued. The proposed North Ford facility is a good opportunity to initiate new
user fee concepts such as entrance fees for use of major recreational facili-
ties such as a swimming pool. Fees charged for private use of community
buildings and boat ramps should continue.
21
•
C�
Building Excise Tax
The Building Excise Tax is charged on all new structures (including recon-
struction) at a rate of $.21 per square foot of enclosed area. Residential
and commercial projects are all charged this fee which is collected for park,
library and fire equipment funding. The share to parks has been proposed to
be fixed at 50% and the overall fee rate has been recommended to be increased
consistent with increased costs sitjce its establishment. Doubling of the fee
to $.42 per square foot may be an appropriate rate increase. The following
table details the projected fees to be collected through the Building Excise
Tax. The $4,163,691 is adequate to meet the $2,566,800 projected obligation
detailed in Chapter 3.
SB 821 Funds
SB 821 Funds are of State origin and are disbursed by the Orange County
Transportation Commission (OCTC). They are allocated for bikeway projects,
including but not limited to signs, striping, staging areas, bridges and bike
lanes. Candidate projects must be a part of an adopted plan. The funds are
disbursed annually. 50% of the County's funds are allocated to cities on a
population basis. The remaining 50% are discretionary funds granted after a
prescribed nomination process and technical evaluation.
County Funds - Harbors, Beaches and Parks
The County Department of Harbors, Beaches and Parks acquires, maintains and
approves regional facilities of regional benefit such as certain beaches and
moorages, regional parks and recreational areas such as the Aliso Greenbelt.
California Coastal Conservancy
This State agency has some funds available on a statewide basis for grants or
seed grants (which must be repaid) for recreation, open space, resource or
tideland enhancement projects.
22
4
N
w
BUILDING EXCISE TAX REVENUE
NEW RESIDENTIAL CONSTRUCTION
SERVICE AREA
SFD
DUPLEX
TRIPLEX
4-PLEX
1
47
1000
0
0
2
0
466
0
100
3
200
360
300
0
---I
-- 1
4
--1
-
- -i
5
0
0
0
0
6
0
380
0
0
7
44
178
266
222
8
414.
76
0
0
9
300
0
0
408
10
0
1390
6
0
11
76
108
0
0
Commercial
-__=
--
TOTAL
1081
3958
572
730
1 Not available.
Asssumed Avg. 2500 1800 1500 1200
TOTAL SQ.
5+PLEX
FOOTAGE
1479
3,396,500
36
156,000
0
1,598,000
1
200
200,000
0
6,84,000
178
1,273,800
0
1,171,800
612
1,851,600
0
2,511,000
0
384,400
- 7,200,000
2505 $20,427,100
1000
EXCISE
TAX
$ 713,265
32,760
-335,580
42,000
143,640
267,498
246,078
388,836
527,310
80,724
$1,512,000
$4,289,691
50% SHARE
TO PARK USE
$ 356,633
16,380
167,790
21,000
71,820
133,749
123,039
194,418
263,655
40,362
$ 756,000
$2,144,846
INCREASED
FEE ($.42/SF)
TO PARKS
$ 713,265
32,760
335,580
42,000
143,640
267,498
246,498
388,836
527,310
80,724 •
$1,512,000
$4,289,691
F � r 4 � •
CITY OF NEWPORT BEACH
N
OFFICE OF THE CITY MANAGER
� %V t�,, !� "
May 23, 1989 Z
►� SAY 231989 �"
TO: PLANNING DEPARTMENT
„teee N�y�AT1'
FROM: City Manager
SUBJECT: PARK
IN LIEU FEES
On August 11, 1987 I transmitted a memo to you
requesting the development of an ordinance that in effect
would extend the park dedication in lieu fees to apartments
and/or developments other than subdivisions or parcel maps.
A copy of this memo is attached hereto. This item was again
reviewed by the City Council during the Study Session of May 22nd.
It is hereby requested that you again review this
item and report back to the City Council by July 24th on the
possibility of making this extension.
ROBERT L. WYNN
RLW:kf
cc: R. Whitley
Enc.
i
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
August 11, 1987
T0: PLANNING DIRECTOR
FROM: City Manager
SUBJECT: PARK DEDICATION FEES
Attached, is a report that was reviewed by
the City Council during the studysn August loth.
of
At the conclusion of the review, theCit
Y Council
quested the Planning Commission to study the advisability
of expanding park dedication fees to developments other
than subdivision or parcel maps. You were present at the
meeting and heard the discussion in which several members
of the Council believed that it was
inequitable to charge
only subdivision and parcel map developmen.
Please review this with your Commission and
report back to the City Council.
a;
ROBERT L. WYNN
Attachment
j STUDY SESSION
AGENDA ITEM NO.
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
' August 10, 1987
TO: CITY COUNCIL,
FROM: CITY MANAGER
SUB=: PARK DEDICATION FEES
0
Mayor Pro Tern Hart requested that the subject matter be placed on the Study
Session for review by the City Council. Attached you will find a copy of
Chapter 19.50 of the Municipal Code containing the regulations for park
dedication or payment of in lieu fees. Also attached is a mend from the
Finance Director indicating the yearly revenue from in lieu fees for the
past six' years.
Please notice Section 19.50.020 which requires a dedication or in lieu
fees for tentative subdivision. map or parcel map only. I£ someone develops
his property in a manner that does not require a subdivision or parcel map,
C they are excluded from paying the fee. A good example is the 152 unit
senior congregate. development that was recently approved. If this develop-
ment': had been a subdivision or a parcel map, the Municipal Code -,nuld
have requiredan in lieu payment of $764,�83.
Initially this ordinance -was adopted in response to an initiative petition
but possible parts can be amended by the City Council and not require a
public vote.
ROBERT L. WYNN
CITY MANAGER
REW/jg
Attachments r
0
C
19,50.010-19.50.040
SUBDIVISIONS
Chapter 19.50
PARK DEDICATION
Sections:
19.50.010
Purpose.
19.50.020
Requirements.
19.50.030
19.50.040
General Standard.
Standards and Formula for Dedication of Land.
19.50.050
Formula for Fees in Lieu of Land Dedication.
19.50.060
Criteria for Requiring Both Dedication and Fee.
19.50.070
Amount of Fee in Lieu of Land Dedication.
19.50.080
Determination of Land or Fee.
19.50.090
Credit for Private Open Space.
19.50.100
Procedure.
19.50.110
Commencement of Development.
19.50.120
Commercial or Industrial Developments.
19.50.010 Purpose. This ordinance is intended to authorize the City
to require the dedication of land, the payment of fees in lieu thereof, or a
combination of both, to allow for the development of neighborhood and
community parks and recreational facilities, all in accordance with the rec-
reational element of the General Plan of the City of Newport Beach. (Ord.
83-22 § 1 (part), 1983: Initiative Ord. 1733 § 1 (part), 1977).
19.50.020 Requirements. As a condition of approval of a tentative Sub-
division Map or a Parcel Map, the subdivider shall dedicate land, pay a fee in
lieu thereof, or both, at the option of the City, for the purpose of developing
new, or rehabilitating existing, neighborhood and community parks and
recreational facilities, to serve the subdivision, at the time and according to
the standards and formulas contained in this ordinance. (Ord. 83-22 § 1
(part), 1983: Initiative Ord. 1733 § 1 (part), 1977).
19.50.030 General Standard. It is hereby found and determined that the
public interest, convenience, health, welfare and safety require that the dedi-
cation of land, or payment of fees, or both, shall not exceed a proportionate
amount necessary to provide three acres of park per 1,000 persons residing
within a subdivision subject to this section, unless the amount of existing
neighborhood and community park area, as shown on the records, maps
and reports of the City as of the date of the most recent available Federal
census, exceeds three acres per 1,000 persons and, in that event, the City
may require dedication in proportion to the higher standard but, in no event,
shall the dedication standard exceed five adi'es per 1,000 persons. (Ord.
83-22 § 1 (part), 1983: Initiative Ord. 1733 § I (part), 1977).
19.50.040 Standards and Formula for Dedication of Land. Where a park
or recreational facility has been designated in the recreational element of the
(Newport Beach 8.83)
•11
PARK DEDICATION _- 19-50.050 _
General Plan, and is to be located in whole or in part within the proposed
subdivision to serve the immediate and future needs of the residents of the
_ subdivision, the subdivider shall- dedicate land for a park. The amount of
land to be dedicated shall be determined as follows:
(a) The City shall determine the number of dwelling units per gross
acre to be constructed. The City shall determine the average number of per-
sons 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 or State census, unless there is substantial evi-
dence 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 con-
structed;
(b) The City shall calculate the actual acreage of existing neighborhood
and community parks, as shown on the records, maps and reports of the City
as of the date of the most recent available Federal census and, using the
number of her
the park area exceeds three acres per 1,000 persons. f, acns residing in the City as of that date, cording to hattcal-
culation, the park area is equal to, or less than, three acres per 1,000 persons,
then the dedication of land shall not exceed the amount'necessary to provide
three acres of park per 1,000 persons residing within the subdivision under
consideration. If the park area is in excess of three acres per 1,000, the City
may require a dedication in proportion to the higher standard but, in no
event, shall the dedication requirements exceed five acres per 1,000 persons;
{ (c) The acreage per dwelling unit to be dedicated shall be computed by
multiplying the average number of persons per dwelling unit by the acres of
park area per 1,000 persons, as determined in Subsection (b), and dividing
that number by 1,000. (Ord. 83-22 § 1 (part), 1983: Initiative Ord. 1733
§ 1 (part), 1977).
19.50.050 Formula for Fees in Lieu of Land Dedication. �a) General
Formula. If there is no park or recreational facility designated in the recrea-
tional element of the -General Plan to be located, in whole or in part, within
the proposed subdivision, to serve the immediate and future needs of resi-
dents of the subdivision, or if the proposed subdivision contains 50 parcels
or less, the subdivider shall, in lieu of dedication of land, pay a fee equal to
the value of the amount of land prescribed for dedication pursuant to Sec-
tion 19.50.040; the amount to be determined in accordance with the provi-
sions of Section 19.50.070.
(b) Use of Money. The money collected hereunder shall be used only
for the purpose of developing new, or rehabilitating existing park or recrea-
tional facilities reasonably related to serving the 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 ordinance shall be committed with is on ears after one-half of he plots treat yment f.
such fees, or the issuance of building p
400-1 (Newport Beach 8-83)
19.50.060-19.50.080 SUBDIVISIONS
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 lot bears to the total area of all
lots within the subdivision.
(c) The interest earned on the accumulated in -lieu fees may be used for
the maintenance of any existing park or recreational facilities. (Ord. 83-22
§ I (part), 1983: Initiative Ord. 1733 § I (part), 1977).
19.50.060 Criteria for Requiring Both Dedication and Fee. In subdivi-
sions of more than 50 parcels, the subdivider shall both dedicate land and
pay a fee in lieu thereof, in accordance with the following formula:
(a) When only a portion of the land to be subdivided is proposed in the
recreational element of the General Plan as a site for a park, such portion
shall be dedicated for park purposes and a fee, computed pursuant to the
provisions of Section 19.50.070, shall be paid for the additional land that
would have been required to be dedicated pursuant to Section 19.50.040.
(b) When a major part of the park or recreational site has already been
acquired by the City, and only a small portion of land is needed from the
subdivision to complete the site, such remaining portion shall be dedicated
and a fee shall be paid in an amount equal to the value of the land com-
puted pursuant to the provisions of Section 19.50.070, which otherwise
would have been required to be dedicated pursuant to Section 19.50.040;
such fee to be used for the improvement of the existing park and recrea-
tional facility, or for the improvement of other local parks and recreational
facilities in the area served by the subdivision.
(c) The funds collected pursuant to this Section shall be committed,
and used, in accordance with the provisions of Section 19.50.050 (b) and
(c). (Ord. 83-22 § 1 (part), 1983: Initiative Ord. 1733 § 1 (part), 1977).
19.50.070 Amount of Fee in Lieu of Land Dedication. Where a fee is
required to be paid in lieu'of land dedication, such fee shall be computed by
multiplying the acreage of land which would otherwise have been required to
be dedicated pursuant to Section 19.50.040, times the median fair market
value per acre, calculated on the basis of the highest and best use, of the
land in all neighborhood public parks within the City. The market value of
such land shall be adjusted periodically to reflect changes in property values.
(Ord. 83-22 § I (part), 1983: Initiative Ord. 1733 § 1 (part), 1977).
19.50.080 Determination of Land or Fee. Whether the Planning Com-
mission accepts the land dedication or elects to require payment of a fee in
lieu thereof, or a combination of both, shall be determined by consideration
of the following:
(a) Usability and Feasibility. Generally, land shall be flat.
•(b) Access. Direct frontage on at least one side and not more than
three feet above or below street level.
(Newport Beach 8.83) 400-2
PARK DEDICATION 19.50.090-19.50.120 ^_
(c) Shape of Land. Suitable for park development.
(d) Size. Not less than two acres, unless a portion of a park designated
in the General Plan.
(e) Improvements. Shall meet standards of the City and be of a
permanent nature.
(f) General Plan. All considerations shall be in accordance with t Inite rec-
ia-
tive element of the General Plan. (Ord. 83-22 § I (part),
Ord. 1733 § I (part), 1977).
19.50.090 Credit for Private Open Space. (a) Planned developments and
real estate .developments, as defined in Sections 11003 and 11003.1,
respectively, of the Business and Professions Code, shall be eligible to receive
a credit, as determined by the City Council, against the amount of land re-
quired to be dedicated, or the amount of the fee imposed pursuant to this
Chapter, for the value of private open space within the development which is
usable for active recreational purposes.
(b) If the subdivider provides park and recreational improvements to
the dedicated Iand, the value of the improvements, together with any equip-
ment located thereon, shall be a credit against the payment of fees, or dedi-
cation of land, required by this Chapter.
(c). Except as otherwise provided herein, no credit shall be giv'98nfor
private open space in, any development. (Ord. 83-22 § I (part),
Initiative Ord. 1733 § I (part), 1977).
v 19.50.100 Procedure. At the time of approval of the tentative subdivi-
sion map or parcel map, City shall determine the land to be dedicated,
and/or fees to be paid by the subdivider.
At the time of the filing of the final subdivision map, the subdivider
shall dedicate the -land, or pay fees, as previously determined by the City
Council. (Ord. 83-22' § 1 (part), 1983: Initiative Ord. 1733 § I (part), 1977).
19.50.110 Commencement of Development. At the time of approval of
the tentative subdivision map, the City Council shall specify when the de-
velopment of the park or recreational facilities shall be commenced,
iving
highest priority to neighborhood parks. (Ord. 83-22 § I (part), 1983
Initiative Ord. 1733 § I (part), 1977).
19.50.120 Commercial or Industrial Developments. (a) The provisions
of this Chapter do not apply to commercial or industrial subdivisions, nor
do they apply to condominium projects or stock cooperatives which con-
sist of the subdivision of air space in an existing apartment building which
is more than five years old if no new. dwelling units are added.
(b) Subdivisions containing less than five 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
400-3 (Newport Beach 8-83)
19,50.130 SUBDIVISIONS
of such parcel map, that if a building permit is requested for the construc-
tion of a residential structure, or structures, on one or more of the parcels. _
within four 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. (Ord. 83-22 § 1
(part), 1983: Initiative Ord. 1733 § I (part), 1977).
19.50.130 Severability. If any section, subsection, clause, phrase, or
portion of this ordinance is, for any reason, held to be invalid or unconstitu-
tional, by decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portion ofi 9h77, rdinance. (Ord.
83-22 § 1 (part), 1983: Initiative Ord. 1733 § 1 (part),
(Newport Beach 8.83) 400-4
0
E
CITY OF NEWPORT BEACH
FINANCE DEPARTMENT
•
July 31, 1987
TO: Robert L. Wynn, City Manager
FROM: George Pappas, Finance Director
SUBJECT: IN -LIEU PARK FEES
The In -Lieu Park Fees for the years since it's inception are
as follows:
1981-82 $ 899,762.67
1982-83 -0-
1983-84 688,920.15
1984-85 -0-
C1985-86 50,288.4,0
1986-87 140,368.33 (5/31/87)
Total $1,,779,339.55
GP:dp