HomeMy WebLinkAbout83-22 - Amending the Provisions of Chapter 19.50 of the Newport Beach Municipal Code Pertaining to Park DedicationNO. 83 -22
• AN ORDINANCE OF THE CITY OF NEWPORT 'BEACH
AMENDING THE PROVISIONS OF CHAPTER 19.50
OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO PARR DEDICATION
The City Council of the City of Newport Beach DOES
ORDAIN, as follows:
SECTION 1. Chapter 19.50 of the Newport Beach
Municipal Code is hereby amended to read as follows:
Sections:
19.50.010
19.50.020
19.50.030
19.50.040
19.50.050
19.50.060
19.50.070
19.50.080
19.50.090
19.50.100
19.50.110
19.50.120
19.50.130
Purpose.
Requirements.
General Standard.
Standards & Formula for Dedication of Land.
Formula for Fees in Lieu of Land Dedication.
Criteria for Requiring Both Dedication & Fee.
Amount of Fee in Lieu of Land Dedication.
Determination of Land or Fee.
Credit for Private Open Space
Procedure.
Commencement of Development.
Commercial or Industrial Developments.
Severability.
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 recrea-
tional facilities, all in accordance with the recreational
element of the General Plan of the City of Newport Beach.
19.50.020 Requirements. As a condition of approval of
• a tentative Subdivision 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.
19.50.030 General Standard. It is hereby found and
determined that the public interest, convenience, health, welfare
and safety require that the dedication 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 acres per 1,000 persons.
19.50.040 Standards & Formula for Dedication of
Land. Where a park or recreational facility has been designated
in the recreational element of the 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 persons per dwelling
• unit, and this computation shall be based upon the
2
•
3
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
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;
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 persons residing in the City as of that date,
determine whether the park area exceeds three acres per
1,000 persons. If, according to that calculation, 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
•
1,000 residing within the subdivision
park per persons
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.
•
3
0
•
•
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 recreational 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 residents 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 Section 19.50.040; the
amount to be determined in accordance with the
provisions of Section 19.50.070.
B. Use of Money. The money collected hereunder shall be
used only for the purpose of developing new, or rehabi-
litating existing park or recreational facilities rea-
sonably related to serving the subdivision, either by
way of the purchase of land as necessary for park pur-
poses 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 col-
lected pursuant to this ordinance shall be commited
within five 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 commited, 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.
4
C. The interest earned on the accumulated in -lieu fees may
• be used for the maintenance of any existing park or
recreational facilities.
19.50.060 Criteria for Requiring Both Dedication 8
Fee. In subdivisions 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 computed 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 re-
creational 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 commited, and used, in accordance with the provisions of
Section 19.50.050 (B) and (C).
•
5
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.
19.50.080 Determination of Land or Fee. Whether the
Planning Commission 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.
(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 the recreational element of the General Plan.
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 required to be dedicated, or the amount of the fee imposed
2
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 land, the value of the
improvements, together with any equipment located thereon, shall
be a credit against the payment of fees, or dedication of land,
required by this Chapter.
(c) Except as otherwise provided herein, no credit
shall be given for private open space in any development.
19.50.100 Procedure. At the time of approval of the
tentative subdivision 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.
19.50.110 Commencement of Development. At the time of
approval of the tentative subdivision map, the City Council shall
specify when the development of the park or recreational
facilities shall be commenced, giving highest priority to neigh-
borhood parks.
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 con-
dominium projects or stock cooperatives which consist 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 condi-
7
•
tion may be placed on the approval of such parcel map, that if a
building permit is requested for the construction of a residen-
tial 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.
19.50.130 Severability. If any section, subsection,
clause, phrase, or portion of this ordinance is, for any reason,
held to be invalid or unconstitutional, by decision of any court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portion of this ordinance."
SECTION 2. This Ordinance shall be published once in
the official newspaper of the City and the same shall be effec-
tive 30 days after the date of its adoption.
This Ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 23rd
day of May, 1983, and was adopted on the
13th
of June , 1983, by the following vote, to wit:
AT
City Clerk
AYES,
Hart, Maurer, Cox
Heather, Plummer
NOES, COUNCILMEMBERS Strauss
ABSENT
day
R —or %
Z01VIM- 5�0_�M
91