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HomeMy WebLinkAboutORD 1242ORD 1242LÐL³ÂORDINANCE NO. 1242 AN ORDINANCE OF THE CITY OF BALDWIN PARK ADDING A NEW CHAPTER 154 AND NEW SUBCHAPTER THEREOF TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO RESIDENTIAL DEVELOPMENT PARKLAND DEDICATION AND IN-LIEU PARKLAND FEES. WHEREAS, the public interest, convenience, health, welfare and safety require neighborhood and community park and recreational facilities must be provided for the enhancement of the quality of life of the City's residents; and WHEREAS, the public interest requires three 3) acres of community park or recreational facilities for each one-thousand 1,000) persons within the City shall be provided and maintained for community parks and recreational purposes; and WHEREAS, there is a deficiency in the City's community park and recreational facilities and land because the requisite three 3) acres per thousand 1,000) persons is not provided; and WHEREAS, this deficiency is caused, in significant part. by residential construction without adequate community park and recreational facilities and land for the residents; and WHEREAS, the developer of residential units who does not subdivide the land upon which the units are constructed increases the population of the City and adds to the need for public recreational facilities to the same extent as the subdivider of land for residential construction; and WHEREAS, development of new and rehabilitation of existing community park and recreational facilities should be financed by applicants for developments which are served by public recreational facilities; and WHEREAS, establishment of residential development park dedication and in-lieu fees, as provided in this subchapter, will promote the general welfare by requiring all developers of residential units to pay a share of the cost of developing new, and rehabilitating existing community park and recreational facilities which will serve the residents of the development. NOW, THEREFORE. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. A new Chapter 154 and a new subchapter thereof shall be added to Title 15 of the Baldwin Park Municipal Code to read as follows: CHAPTER 154: DEVELOPMENT FEES Part 1. Park and Recreation Dedications/Fees BIB] 38356-U01 ORD-U02 1242-U02 LI2-U03 FO8535-U03 FO38917-U03 DO59389-U03 C5-U03 ORDINANCES-U03 1/3/2005-U04 ROBIN-U04 ORD 1242LÐL³ÂOrdinance 1242 Page 2 154.001 DEPOSIT AND USE OF FEES Fees paid pursuant to this Subchapter shall be deposited into the Park Facilities Fund maintained by the City Treasurer, and shall be used solely for the acquisition of new and rehabilitation of existing community park and recreational facilities. 154.002 PARK DEDICATION OR PAYMENT OF FEES A) Except as otherwise provided in this Subchapter, any new residential development of more than one 1) unit, and any addition of one 1) or more units to an existing residential development shall be subject to the park dedication requirement, or payment of fees in lieu thereof, or both, established by this Subchapter. B) The amount of land to be dedicated for neighborhood and community park or recreational facilities or fees to be paid in lieu thereof shall be based on the residential density of the proposed development, which shall be determined on the basis of the number of dwelling units to be constructed and the density factor as set forth in Subsection C) of this Section, so as to provide three 3) acres of park area for one thousand 1,000) residents. Only the payment of fees shall be required if a development project contains 50 parcels or less except that when a condominium project, stock cooperative, or community apartment project, as those terms are defined in California Civil Code Section 1351, exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. C) As used herein, the term density factor* means four and forty-four hundredths 4.44) persons per dwelling unit, based upon the most recently available Census, or Census taken pursuant to Cal. Gov. Code 40200 et seq. D) When a fee is to be paid in lieu of or in addition to parkland dedication, the amount of such fee shall be the fair market value, as determined pursuant to Section 154.007, per acre of the land within the proposed residential development multiplied by the numbers of acres required to be dedicated pursuant to this section, except that the amount of the fee shall be calculated as provided in Section 154.003 when the construction consists solely of adding a second residential unit to a property containing only one 1) single-family dwelling unit. BIB] 38356-U01 ORD-U02 1242-U02 LI2-U03 FO8535-U03 FO38917-U03 DO59389-U03 C5-U03 ORDINANCES-U03 1/3/2005-U04 ROBIN-U04 ORD 1242LÐL³ÂOrdinance 1242 Page 3 E) The park dedication or payment of fees in lieu thereof, or both. shall be completed prior to the issuance of a Certificate of Occupancy or a Temporary Certificate of Occupancy for any such dwelling unit within a development. 154.003 REDUCTION OF FEES FOR SECOND DWELLING UNIT. A) When a building permit is sought for the addition of a second unit to a property containing only one existing single-family dwelling unit. regardless of the zoning district in which the property is located, the amount of the in lieu fee to be paid at the time the Certificate of Occupancy is issued for that second unit shall be fifty percent 50%) of the amount required under the formula established in Section 154.002(B) for so long as the property remains developed with only two 2) units. B) In the event a third or more) residential unit is constructed on the property for which the reduced in lieu fee established in subsection A has been paid, the amount of the in lieu fee fees to be paid at the time the Certificate of Occupancy is issued for such third unit shall be calculated pursuant to the formula established in Section 154.002(8) plus an additional amount equal to fifty percent 50%) of the in lieu fee for the second dwelling unit shall also be collected. 154.004 RECREATIONAL FACILITIES CREDIT A) Where private open space area is developed for active recreational facilities in a proposed development, the value of such open space may be partially credited against the parkland dedication/fee requirement established in Section 154.002 as provided in this section. B) The final decision making authority on the residential development shall determine at the time the residential development is approved or conditionally approved whether it is in the public interest to credit up to fifty percent 50%) of the value of such private open space against the dedication/fee otherwise due. The decision shall take into consideration factors such as the size, shape, topography, geology, access, and location of such private open space area within the development. C) Any yard areas, setback areas or other open space areas required to be maintained by any zoning or building requirement shall not be considered as credit against the parkland dedication/fee requirement. BIB] 38356-U01 ORD-U02 1242-U02 LI2-U03 FO8535-U03 FO38917-U03 DO59389-U03 C5-U03 ORDINANCES-U03 1/3/2005-U04 ROBIN-U04 ORD 1242LÐL³ÂOrdinance 1242 Page 4 D) To qualify for any credit under this section, the private ownership and maintenance of the private open space area as active recreational facilities must be adequately provided for by written agreement and the use of such area restricted by recorded covenants which run with the land and which cannot be defeated or eliminated without the consent of the City. 154.005 EXEMPTIONS A) Any unit within a residential development which is restricted by covenant to occupancy for low- and moderate income households or senior citizens shall be exempted from the requirements of this subchapter during the period such unit remains covenanted for such use. Upon termination of such restrictions, the then current owner of the unit shall pay additional fees to the City, based upon the then current fair market value of the land and in accordance with the density factor in effect at the time the restrictions terminate. 154.006 RETURN OF FEES A) Fees paid into the Park Facilities Fund which are not committed within five 5) years from the date of payment shall be returned to the then current owner(s) of the residential development project, with all interest actually earned thereon, in the same proportion as the size of their lot bears to the total area of all lots within the development project. B) Notwithstanding the provisions of Subsection A) of this Section, no refund shall be required if the City Council determines any one of the following applies. 1) Moneys were not posted as fees, but were satisfied by a letter of credit, bond or other interest taken to secure payment at a future date; or 2) The administrative costs of refunding the uncommitted fees pursuant to this Section exceeds the amount to be refunded; provided a public hearing is held thereon for which each of the dwelling units within the project has been delivered a public notice, pursuant to Section 153.634, at least ten 10) days prior to the hearing. BIB] 38356-U01 ORD-U02 1242-U02 LI2-U03 FO8535-U03 FO38917-U03 DO59389-U03 C5-U03 ORDINANCES-U03 1/3/2005-U04 ROBIN-U04 ORD 1242LÐL³ÂOrdinance 1242 Page5 154.007 DETERMINATION OF FAIR MARKET VALUE A) The fair market value of the land to be dedicated shall be determined by the City based upon a written appraisal report provided by the developer and prepared and signed by an appraiser acceptable to the City. The appraisal shall be paid for by the developer. B) The date of the appraisal shall be no more than six 6) months prior to the payment of the fee. If more than six 6) months has elapsed from the date of the appraisal to the time of payment of the fee, the City may require preparation of an updated appraisal. The subdivider shall pay for the cost of any such updated appraisal. C) For the purposes of this Subchapter. fair market value shall be determined based upon the assumption that the tentative map or tentative parcel map is approved and in accordance with acceptable standards of the real estate appraisal profession. D) The determination of fair market value by the City shall be final and conclusive. APPROVED, and ADOPTED this 15s1 day of September, 2004. 0 I Pj \m^ Ric^rdo Pacheco Mayor Pro Tern BIB] 38356-U01 ORD-U02 1242-U02 LI2-U03 FO8535-U03 FO38917-U03 DO59389-U03 C5-U03 ORDINANCES-U03 1/3/2005-U04 ROBIN-U04 ORD 1242LÐL³ÂOrdinance 1242 Page 6 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK ss. I, Rosemary M. Ramirez, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1242 was introduced at a regular meeting of the City Council held September 1, 2004 and was adopted by the City Council at its regular meeting held on September 15, 2004 by the following vote of the Council: AYES: COUNCILMEMBERS: Marten Garcia, David Olivas. Bill Van Cleave and Mayor Pro Tern Ricardo Pacheco NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Manuel Lozano ABSTAIN: COUNCILMEMBERS: None Rosemary M7"RapRirez, CMC Chief Deputy City Clerk BIB] 38356-U01 ORD-U02 1242-U02 LI2-U03 FO8535-U03 FO38917-U03 DO59389-U03 C5-U03 ORDINANCES-U03 1/3/2005-U04 ROBIN-U04