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HomeMy WebLinkAbout0799 ,.'. . . . 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 . 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 -1- .799 . . . . . 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. -2- 799 '. . . . 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. . 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: . ~4?U4'~/41' .J Secre ary -3- 799 . . . 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 . 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 . lAlso recommended as a standard by the National Recreation Association 2 d' See Appen J.X A J J4 ~<<~ . . l . T.A. 72-12 2 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: . "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. . . . . T.A. 72-12 3 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: . 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' . . . . T.A. 72-12 4 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 . . . . T.A. 72-12 5 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. . 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: .i:..\~e-d-I<LR..~~; . 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. '.. . . . . . ./ T.A. 72-12 6 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." ... 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 $300 per three bedroom or larger unit . . . . . . . T.A. 72-12 7 The Planning..Depar.tmen.t further, recommends that the Commission adopt a land dedication ordinance that would apply to subdivisions that contain more than ten acres. Should development of large parcels of land occur, such as the Santa Anita Race Track, the Residential Develop- ment Tax would not provide, adequate revenue to compensate the enormous demand placed on new recreational or park facilities. , By requiring the subdivider to provide a contribu- tion of park sites based on the Quimby Act, the burden of obtaining new land for park development would be some- what relieved.. r-" ,..- _ __' ~ ~ ~..$l-G~"- ;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 . . . ., . . 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 *~II~ THOMAS H. CORLEY ASSISTANT PLANNER THC:db 8 - . . . . . . . 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.