HomeMy WebLinkAbout0799
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RESOLUTION NO. 799
A RESOLUTION'OF THE PLANNING COMMISSION
OF THE CITY OF ARCADIA RECOMMENDING A
DENIAL OF A PROPOSED RESIDENTIAL SUB-
DIVISION DEVELOPMENT TAX AND LAND DEDICA-
TION ORDINANCE.
WHEREAS, the Planning Commission on its own motion held
a public hearing on November 28, 1972, to consider a proposal to
amend the Municipal Code by addihg provisions for a residential
subdivision development tax and land dedication; and
WHEREAS, at said public hearing all interested persons
were given full opportunity to be heard and to present evidence;
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
. COMMISSION HEREBY FINDS AND RECOMMENDS AS FOLLOWS.:
SECTION 1. That the proposal to adopt an ordinance,
with the following provisions be denied:
1. Residential Development Tax. That the tax apply to
all new residential construction, but not apply to remodeling con-
struction, or adding additional square feet or to replacement of
single-family dwellings which have been removed from the property
within the last six months.
That exemption from this tax be limited only to the
construction of any dwelling to be used exclusively for housing
for elderly or handicapped persons which .are operated by founda-
tions or corporations entitled to welfare exemptions provided for in
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Section l-C of Article XIII of the State Constitution.
That the Residential Development Tax be due and payable
at the time of issuance of a building permit and further the pay-
ment of this tax be a condition of issuance of the building permit.
That a special fund be established by the Department
of Finance and. all monies collected from the Residential
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Development Tax be deposited in said fund.
That the use of funds collected from the Residential
Development Tax be used exclusively for the following purposes:
(a) Purchase of land or interest in land to be designated
as and developed as a neighborhood park or recreation area.
(b) Development of land and/or structures to be used as
neighborhood parks .or recreation areas.
(c) Maintenance of land and/or structures that are
utilized as neighborhood parks or recr.eation areas.
That the application and use of these funds be on a city-
wide basis based upon need and availability of land to be used
for neighborhood parks and recreation areas.
That the amounts of said fees be determined by the City
Council under separate resolution.
2. Land Dedication. That the City require the dedica-
tion of land or, at the City's option, require the payment of fees
in lieu thereof on .all subdivisions containing 10 acres. or more.
That compliance with this ordinance be a condition of
approval of the final subdivisiOn map.
That the City adopt the formulas for dedication of land
or fees in lieu that have been recommended by the League of
California Cities.
That the land dedication or fees in lieu or combination
be used only for the purpose of providing park or recreational
facilities to serve the subdivision providing same and bear a
rela.tionship to the use of the park,or recreational facilities by
the future residents of the subdivision.
That the provisions of this ordinance not apply to
industrial subdivisions.
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That, if the payment of a fee is required in lieu thereof,
the fair market value be determined by the City Council at the
time of filing the final subdivision map. If the subdivider
objects to the evaluation, he may at his expense obtain an appraisal
of the property by a qualified real estate appraiser approved by
the City, and if found reasonable, the City and subdivider may
agree as to the fair market value.
SECTION 2.. The Commission finds that the Property
Development Tax would be inequitable and would not substantially
advance the recreational goals of the General Plan.
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SECTION 3. The Secretary shall certify to the adoption
of this resolution and shall cause a copy to be forwarded to the
City Council of the City of Arcadia.
I HEREBY CERTIFY that the f9regoing resolution was
adopted at a regular 'meeting of the Planning Commission of the
City of Arcadia held on the lUh day of December , 1972, by
the following vote:
AYES:
Commissioners Coghlan, Huddy, Perlis, Reiter
NOES:
ABSTAIN:
ABSENT:
None
Commissioners Lauber arid Livingston
Commissioner Erickson
~C'..e~
Chairman
ATTEST:
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Secre ary
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799
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November 28, 1972
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: STAFF REPORT FOR THE CONSIDERATION OF
THE ADOPTION OF A PARK FEE ORDINANCE
TEXT AMENDMENT T.A. 72-12
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The existence__of park and recreation space on .the
neighborhood ahd community, level is lacking in Arcadia,
especially in high density residential areas. The
Interim Open Space Element of the Arcadia General Plan
references the standard of four acres of open space and
recreational facility per 1,000 persons as recommen~ed
by the Los Angeles Environmental Development Guide.
Presently Arcadia falls short of this standard by approxi-
mately 3.06 acres per 1,000 people.
The Arcadia General Plan carried in its recommen-
dation of Improvement of the Public Facilities Element,
a methodology for resolving this deficiency.
"Commence a program of land acquisition for park
and open space in areas which. are not presently
served or where the need for additional facilities
is indicated by population growth and higher den-
sity. "
"Adopt amendment to the subdivision ordinance or
building permit, procedure which would secure park
areas as part of the possible development of the
Santa Anita Turf Club property which constitutes
the only large parcel of land subject to future
residential use."
Today, many cities2 .in California have already re-
sponded to deficiencies in park and recreation facili-
ties by adopting ordinances which require developers of
residential property to dedicate a portion of their
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lAlso recommended as a standard by the National Recreation
Association
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See Appen J.X A
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T.A. 72-12
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proposed site to the local governing body for the purpose
of park and recreation use. In the instance where land
decUcation is impractical, a fee is usually required in
lieu.
The legislative vehicle which has enabled cities to adopt
these prog=essive. ordinances in California is the Quimby
Act (AB1l50 of Chapter 1809). Excerpts from this Section
read as follows:
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"11546 the Governing"body of ,a ci.ty or county may
by ordinance require a dedication of land, the pay-
ment of fees in lieu thereof or a combination of
both, for park or recreational purposes as a condi-
tion to the approval of a final subdivision map,
provided that,
(a) The ordinance has been in effect for a period
of 30 days prior to the filing of the tentative
map of the subdivision.
(b) The ordinance includes definite standards for
determining the proportion of a subdivision to be
dedicated and the amount of any fee to be paid in
lieu thereof.
(c) The land, fees, or combination thereof are to be
used only for the purpose of providing park or rec-
reational facilities to serve the subdivision.
(d) The legislative body has adopted a General Plan
containing a Recreational Element and the park and
recreational facilities are in accordance with de-
finite principles and standards contained therein.
(e) The amount and location of land to be dedicated
or the fees to be paid shall bear a r.easonable re-
l:ationship to the use of the park and recreational
facilities ,by the future inhabitants of the sub-
division.
(f) The city or county must specify when develop-
ment of the park or recreational facilities will
begin.
(g) Only the payment of fees may be required in
subdiv-ision containing fifty (SO) parcels or less."*
*T~e provisions of this section do not apply to
industrial subdivisions.
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T.A. 72-12
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Formulas for establishing the amounts of land dedi-
cation or fees in lieu thereof are varied. The most
commonly used formula in California is a guideline recom-
mended by the League of Cali~ornia Cities.
DENSITY FORMULA
The amount of land required to be dedicated by a subdivider is based
on the gross area included in the final map determined by the
following formula:
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Net Density Per D/U.'
1 D/U per acre or more
1 D/U per 1/2 to 1 acre
1 D/U per 10,000 sq.f.t. to 1/2 acre
1 D/U per 9,000 sq'. ft. to 9,999 sq. ft.
1 D/U per 8,000 sq. ft. to 8,999 sq. ft.
1 D/U per 7,000 sq. ft. to 7,999 sq. ft.
1 D/U per 6,000 sq. ft. to 6,999 sq. ft.
1 D/U per 5,000 sq. ft. to 5,999 sq. ft.
10 to 19 D/U per acre
20 to 29 D/U per acre
30 to 39 D/Uper acre
40 to 49 D/U per acre
50 to 59 D/U per acre
60 to 69 D/U per acre
70 to 79 D/U per acre
80 to 89 D/U per acre
90 to 99 D/U per acre
100 D/U and over per acre
Percentage of the Gross
Area of the Subdivision,
.60'
1. 20'
1. 73'
2.70'
3.01\
3.40'
3.90'
4.58'
5.79'
9.30'
12.56'
15.58'
18.40'
21. 05'
23.54'
25.85'
28.00%
29.07'
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T.A. 72-12
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FEE FORMULA
Where a fee is required in lieu of land dedication such fee is
usually based on the fair market value of the amount of land which
would otherwise be required ,to be dedicated in accordance with the
following formula:
Fee Based on Fair* Market
Net Density Per D/U, Value of Area Required
1 D/U per acre or more 262 sq'. ft.
1 Diu per 1/2 to 1 acre 527 sq. ft.
1 D/U per 10,000 sq. ft. ,to 1/2 acre 767 sq. ft.
1 DIU per 9,000 sq. ft. to 9,999 sq. ft. 1.,209 sq. ft.
1 D/U per 8,,000 sq. ft. to 8,999 sq. ft. 1,350 sq. ft.
1 D/U per 7,000 sq. ft. to 7,999 sq. ft. 1,532 sq. ft.
1 DiU per 6,000 sq. ft. to 6,999 sq. ft. 1,768 sq. ft.
1 D/U per 5,000 sq. ft. to 5,999 sq. ft. 2,090 sq. ft.
10 to 19 D/U per acre 2,680 sq. ft.
20 to 29 DIU per acre 4,466 sq. ft.
30 to 39 D/U per acre 6,257 sq. ft.
40 to 49 D/U per acre 8,039 sq. ft.
50 to 59 D/U per acre 9,825 sq. ft.
. 60 to 69 DiU per acre 11,611 sq. ft.
70 to 79 D/U per acre 13,408 sq. ft.
80 to 89 D/U per acre 15,185 sq. ft.
90 to 99 D/U per acre 16,969 sq. ft.
100 D/U-and over per acre 17,851 sq. ft.
*Fair market value shoula be determined by the City Council. Guide-
lines usually are based upon the assessed value, modified to equal
market value in accordance with current 'practices of the county
assessor. An alternative would be for the City and the developer
to agree as to fair market value based upon an appraisal of the
property by a qualified real estate appraiser by the City.
In addition to this, some cities3 have adopted a
property development tax or "bedroom tax" which usually
is a flat fee required at the time a building permit is
issued. These revenues are required of all new residen-
tial construction and do not include remodeling, room
additions or replacement construction.
3see Appendix B
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T.A. 72-12
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This alternative means., ,the property development tax
which is particularly useful where large scale subdivision
development is not occuring, provides the method for
assessing small scale development,.
Property development taxes .are levied under the tax-
ing power doctrine and not the. police power as are the
dedication and fees in lieu provisions. Under California
statutes, charter cities are authorized to impose such
taxes based on the municipal affairs principle.
The logic of these types of ordinances is very per-
suasive since the shortages, felt in park and recreation
space are due primarily to population density increasing
from new residential construction. In this way the in-
creasing demands are met in part by the segment of the
population that is creating the demand.
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The Planning Department believes that parks and open
space plans should anticipate future urban growth rather
than follow it after it has occured. We, therefore, recom-
mend to the Planning commission that a resolution be
adopted that would ~nco~pass the following provisions:
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L:i>rovJ.de a 'ResJ.'dentJ.al Dev ment Tax' ordJ.nance
to'be applied in an' criminatory manner and
imposed consist y on all new residential con-
structi~ at the tax apply to all new residen-
tial construction, but not apply to remodeling con-
struction, or adding additional square feet or to
replacement of single family dwellings which have
been removed from the property within the last six
months.
That exemption from this tax be limited only to the
construction of any dwelling to be used exclusively
for housing for elderly or handicapped persons which
are operated by foundations or corporations entitlea
to welfare exemptions provided for in Section l-C
of Article XIII of the State Constitution.
That the 'Residential Development Tax' be due and
payable at the time of issuance of a building permit
and further the payment of this tax be a condition
of issuance of the building permit.
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T.A. 72-12
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That a special fund be established by the Department
.of Finance and all monies, collected from the Resi-
dential Development Tax be deposited in said fund.
That the use of funds collected from the 'Residen-
tial Dev~lopment Tax' be used exclusively for the
following purposes:
(a) Purchase of land or interest in land to be
designated as and developed as a neighborhood park
or recreation area.
(b) Development of land and/or structures to be
used as neighborhood parks or recreation areas.
(c) Maintenance of land and/or structures that are
utilized as neighborhood parks or recreation areas.
That the application and use of these funds be on a
city-wide basis, based upon need and availability'of
land to be used for neighborhood parks and recrea-
tion areas.
That the amounts of said fees be determined'by the
City Council under separate resolution."
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The Planning Department reconunends the following fees:
"For each single family dwelling constructed in the
R-O or R-l zones, $300 per dwelling.
For each dwelling unit constructed in the R-2 or less
restrictive zones:
$185 per one bedroom uni.t
$250 per two bedroom unit
$300 per three bedroom or larger unit
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T.A. 72-12
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The Planning..Depar.tmen.t further, recommends that the
Commission adopt a land dedication ordinance that would
apply to subdivisions that contain more than ten acres.
Should development of large parcels of land occur, such
as the Santa Anita Race Track, the Residential Develop-
ment Tax would not provide, adequate revenue to compensate
the enormous demand placed on new recreational or park
facilities. ,
By requiring the subdivider to provide a contribu-
tion of park sites based on the Quimby Act, the burden
of obtaining new land for park development would be some-
what relieved.. r-" ,..- _ __'
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;2fThe fOlloWin.g gUidelines. are recomm.ended for. . i~
f3:2.usion in adopting a land dedication ordinance...J
That the City ~opt such ordinance cu'iill require the
dedica tion of land) or. at the City's option .require
the payment of fees in lieu thereof, on all subdi-
visions containing 10 acres or more.'
That compliance with this ordinance be a-condition
of approval of the final subdivision map.
That the City adopt the formulas for dedication of
land or fees in lieu that have ~n recommended by
the League of California Cities~s shown previously
in this reporjJ] .
That the land dedication or fees in lieu or combi-
nation be used only for the purpose of providing park
or recreational facilities to serve the subdivision
providing same~,\ and bear a relationship to the use
of the park or recreational facilities by the future-
residents of the subdivision.
That the provisions of this ordinance not apply to
industrial subdivisions.
That~if the payment of a, fee is required in lieu
thereof, the 'Fair Market Value' be determined by
the City council at the time of filing the final
subdivision,map.~ If the subdivider objects to
the evaluatio~he may at his expense obtain an
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T.A. 72-12
appraisal of the property. by,a qualified real
estate appr~iser approved by the City, and if
found reasonable, the City and subdivider may
agree as to the fair market value."
*The assessed value is, not, suggested as a guideline
because newly subdivided property may not be assessed
to reflect the current value with new zoning or
development.
PLANNING DEPARTMENT
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THOMAS H. CORLEY
ASSISTANT PLANNER
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APPENDIX'A
Partial list of cities, requiring a land use dedication based
on the Quimby Act.
Anaheim
Azusa
Brea
Claremont
Costa Mesa
Cypress
Fountain Valley
Fullerton
Huntington Beach
Laguna Beach
Laverne
Montebello
Newport Beach
Oxnard
Riverside
San Clemente
San Juan Capistrano
Tustin
Upland
Westminister
APPENDIX B
Partial list of cities requiring a park development fee or
"bedroom tax."
Glendora
Newport
Oakland
Orange County
San Dimas
San Jose
Torrance
$300
$200
$300
$255
$200
$300
$450 (will become $550 as of
7/1/75)
Data based on surveys and research conducted by the Planning
Department.