Garden Grove City Zoning Code
CHAPTER 9
44 MITIGATION FEES
§ 9.44.010 Fees for Development Projects.
§ 9.44.020 Drainage Facilities Fee.
New development generates storm water runoff by increasing the amount of land that is impervious to precipitation and such runoff must be controlled through storm drain facilities. A drainage facilities fee is hereby established to mitigate the costs of new or expanded storm drain facilities required as a result of new development. The fee shall be in such amounts as established by resolution of the City Council.
(2877 § 1, 2017)
§ 9.44.030 In-Lieu Park Fees (Quimby).
A.
Park Dedication and In-Lieu Fee Requirement for Subdivisions. In accordance with Government Code Section 66477, every residential subdivider who creates a subdivision shall be required to dedicate land, pay a fee in lieu thereof, or do a combination of both, as established in this section for the purpose of providing park and recreational facilities to serve future residents of the subdivision. Said park and recreational facilities shall be reasonably accessible for use by the future inhabitants of said subdivision.
B.
Relation of Land Required to Population Density. Consistent with the General Plan, it is hereby found and determined that the public interest, convenience, health, welfare and safety require that two acres of land for each 1,000 persons residing within the City be devoted to public park and recreational purposes.
C.
Population Density. For the purposes of this section, population density shall be established by Resolution of the City Council, utilizing the following classifications:
1.
Single-Family Residential. Detached single-family homes where there is no more than one dwelling unit on a lot.
2.
Multiple-Family Residential. Apartments, common interest developments, townhouses and similar multiple-family residential developments, including detached single-family homes where there is more than one dwelling unit on a lot.
D.
Amount of Land to be Dedicated. The amount of land required to be dedicated by a subdivider pursuant to this section shall be based on the following formula:
A = 2(DF X DU)/1,000 | |
Where: | |
A - | Is the area in acres required to be dedicated as park sites. |
2 - | Is the number of acres for park area per 1,000 persons required by the General Plan. |
DF - | Is the population density factor established by resolution of the City Council pursuant to subsection C, as applicable to the proposed development. |
DU - | Is the number of dwelling units proposed for the development. When the actual number of units is unknown, the number of the units shall be based on the maximum number of units which are permitted by the General Plan and this title for the property at the time the tentative or parcel map is filed with the City. |
E.
Amount of Fee in Lieu of Land Dedication.
1.
Where there is no public park or recreation facility required or provided within or for the proposed subdivision, or where the subdivision contains 50 lots or fewer, the subdivider shall pay a fee in lieu of land dedication reflecting the value of land required for park and recreation purposes in accordance with the schedule of fees as adopted by Resolution of the City Council. This fee shall reflect the amount of land that would otherwise be required to be dedicated under subsection D multiplied by the estimated cost of land acquisition within the City.
2.
Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of 50 lots or fewer, where the subdivider proposes the dedication voluntarily and the land is accepted by the City Council.
3.
When a common interest development project, stock cooperative, or community apartment project exceeds 50 dwelling units, the City may elect to require dedication of land notwithstanding that the number of lots may be 50 lots or fewer.
4.
For subdivisions in excess of 50 lots, the City Council may elect to accept a fee in lieu of land dedication. The amount of such a fee shall be based upon the fair market value of land which would otherwise be required for dedication. The fair market value shall be determined by an M.A.I. appraisal acceptable to the City and at the expense of the developer. If more than one year elapses between the date of the appraisal and recording of the final map, the City shall have prepared a new appraisal and shall invoice the subdivider for the cost of the appraisal.
5.
If the subdivider objects to the amount of the in-lieu fee required pursuant to this section, an appeal may be made to the City Council pursuant to Chapter 2.60 of this Code.
6.
The fee collected shall be deposited and held in appropriate accounts to be expended only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreation facilities to serve the subdivision on which the fee is charged.
F.
Credits.
1.
When park and recreational facilities, including equipment, are provided by the subdivider to dedicated land, the value of the recreational facilities or equipment as determined by the City Council, upon the recommendation of the Community Services Director, shall be a credit against the fees to be paid or land to be dedicated pursuant to this section; provided that the recreational facilities or equipment have been made or installed with the prior approval and to the satisfaction of the Community Services Director.
2.
Credit shall not be allowed for single purpose commercial recreation facilities whether dedicated or in private ownership.
3.
No credit shall be given for private park open space in any subdivision.
G.
Time for Payment of Fees and Dedication of Land. At the time of approval of the tentative tract map or parcel map, the City shall determine the amount of land to be dedicated, and/or the amount of fees to be paid by the subdivider. At the time the final tract or parcel map is submitted to the City Council for approval, the subdivider shall dedicate the land and/or pay required in-lieu fees.
(2877 § 1, 2017)
§ 9.44.040 Citywide Park Fees.
Every residential developer who creates a residential development not subject to Chapter 9.40 (Subdivisions) of this Code shall be required to remit a park fee as established by resolution of the City Council for the purpose of providing Citywide park and recreational facilities. The provisions of this section shall apply to all residential developments, which are not subdivided and subject to Government Code Section 66000 et seq.
(2877 § 1, 2017)