§ 11.06

The City hereby declares that it is the duty and the responsibility of the residents of the City and of all levels of governments, including County and special districts, to preserve and enhance the quality of the physical environment; and further, that it is the duty and the responsibility of the City to act in a stewardship capacity for future cities by providing local park facilities in the unincorporated area.

(1)

It is the responsibility of each person who proposes to establish a dwelling unit or units, or to increase the number of dwelling units, on his property, and of each person who proposes to create residential building sites, to provide an equitable portion of the necessary park lands as required by this chapter.

(2)

It is the responsibility of the Subdivision Committee to approve all local park dedications, modifications and park implementation plans in accordance with the requirements of this chapter.

(3)

It is the duty of the City Manager or designee to verify that the requirements of this chapter are complied with, and to notify all interested parties and agencies of such compliance.

(4)

It is the duty of the Building Official to enforce the provisions of this chapter that are applicable to the issuance of building permits and certificates of occupancy.

(OCC § 7-9-504)

Sec. 11.06.060. - Use of land and fees.

All park land provided and all fees paid shall be used to provide local park benefits for future residents of the area from which the park land or park fees are derived.

(OCC § 7-9-505)

Sec. 11.06.070. - General rules of construction.

(a)

Specific provisions shall supersede general provisions relating to the same subject.

(b)

When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; words in the plural include the singular.

(c)

Unless otherwise specifically defined in this chapter, all definitions of the Title 12, subdivisions, and Title 13, zoning, are applicable to this chapter.

(OCC § 7-9-506)

Sec. 11.06.080. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(05)

Park. A parcel, or contiguous parcels, of land which is owned, operated and maintained by a public agency or which is a privately owned and/or operated and maintained which has been approved for local park credit under this code and which provides recreational land and facilities for the benefit and enjoyment of the residents and visitors of the City.

(10)

Person. Any individual, firm, copartnership, joint venture, association, club, trust, receiver, syndicate, this and any other county, city and county, municipality, district or other political subdivision, or any other group

or combination acting as a unit.

(15)

Replacement unit. A dwelling unit that replaces a unit in existence on June 29, 1971.

(OCC § 7-9-507)

Sec. 11.06.090. - Use of fees.

(a)

All park fees paid pursuant to Sections 11.06.140 through 11.06.240 and interest accrued from such fees to the City shall be used to provide for acquiring and developing new parks or rehabilitating existing parks or recreational facilities to serve the subdivision and shall be deposited in a special account reserved for such purposes. Such fees may also be used for the purposes described in Government Code § 66477.5.

(b)

All park fees paid pursuant to Section 11.06.250 and interest accrued from such fees to the City shall be used for the purposes set forth in Section 11.06.030 and shall be deposited in a separate account reserved for such purposes.

(OCC § 7-9-508)

Sec. 11.06.100. - Appeals to Planning Commission.

(a)

Any person may appeal a determination of the Subdivision Committee regarding the interpretation or implementation of this code. Any such appeal shall be addressed to the Planning Commission and shall be filed in duplicate with the Director of Parks and Recreation within ten calendar days from the date of such determination.

(b)

The appeal shall set forth specifically where the determination of the Subdivision Committee fails to conform to the requirements of this code, or other applicable law, or wherein the conditions imposed are improper.

(c)

The Director shall bring the matter before the Planning Commission for hearing within 30 days after the date of filing the appeal. The person and the appellant, if other than the person, shall be given at least ten days' notice of the Planning Commission's hearing.

(d)

The Planning Commission may affirm, reverse or modify any determination of the Subdivision Committee and may make such findings as it deems appropriate. If only one or a limited number of conditions are

being appealed, the Planning Commission need not limit its review to those specific conditions but may review the whole action taken by the Subdivision Committee. The Planning Commission shall render its decision on the appeal within seven days of the conclusion of its hearing.

(e)

An appeal, once filed, may be withdrawn only with the consent of the Planning Commission.

(OCC § 7-9-509)

(a)

Any person may appeal a determination of the Planning Commission regarding the interpretation or implementation of this code. Any such appeal shall be addressed to the City Council and shall be filed in duplicate with the City Clerk within ten calendar days from the date of such determination.

(b)

The appeal shall set forth specifically where the determination of the Planning Commission fails to conform to the requirements of this chapter, or other applicable law, or wherein the conditions imposed are improper.

(c)

The Director of Parks and Recreation shall report the filing of the appeal to the Planning Commission at its next regular meeting. The Planning Commission may make a report to the City Council for its consideration in determining the appeal of any observations or facts regarding such determination which would answer the statements set forth in the appeal. The Director of Parks and Recreation shall transmit to the City Clerk such report, together with such reports in the matter as possessed by the Planning Commission.

(d)

The City Council shall consider the appeal at a regular meeting within 30 calendar days following the receipt by the City Clerk or within such time as the City Council shall continue the matter.

(e)

Notice of the time and place the City Council will consider the appeal shall be mailed by the City Clerk to the applicant, and to the person who filed the appeal (if other than the applicant), and shall give at least ten days' notice.

(f)

The City Council may, at a regular meeting, affirm, reverse or modify, in whole or part, any determination of the Planning Commission from which an appeal has been taken under this section. The resolution shall include such express findings of fact or such observations, if any, as any member or members of the City Council may desire to have included. If the City Council fails to pass such a resolution within 30 calendar days following the receipt by the City Clerk of the duplicate copy of the appeal, or within such time as the

City Council continued the matter, such failure shall be deemed an affirmation of the determination of the Planning Commission.

(OCC § 7-9-510)

Sec. 11.06.120. - Refunds.

(a)

Requests for refunds of park fees paid or release of security instruments may be directed to the City Manager or designee at any time. The Director may approve a refund or a partial refund of park fees paid or release of security instruments when he has verified:

(1)

That the refund amount requested corresponds to the amount of fees actually deposited in the Local Park Trust Fund for a given number of dwelling units; and

(2)

That the local park requirement for the dwelling units in question had been met by actual City Council acceptance of park land, or by an irrevocable recorded offer to dedicate park land on a final tract map or parcel map; or

(3)

The subdivision or building permit approval for which fees were required has been withdrawn or is otherwise no longer valid.

(b)

Requests that do not comply with above Subsections (a)(1) and (a)(2) or (a)(3) shall be denied by the Director. Appeals from the decision of the Director shall be first to the Planning Commission as described in section 11.06.100, and then to the City Council as described in section 11.06.110.

(c)

When the City Manager or designee approves a refund, he shall request a warrant from the AuditorController, citing in his request the City Council resolution accepting the park land, or the tract, book and page number in the case of a recorded offer to dedicate land. In the case of release of a security instrument, he shall request such release from the City Clerk.

(OCC § 7-9-511)

Sec. 11.06.130. - Modifications.

Any person may apply for a modification of the methods used in fulfilling requirements of this chapter.

(1)

Each application for a modification shall be in writing and shall state specifically the exact requirement that is requested to be modified, and the applicant's reasons for requesting such a modification.

(2)

Each application for a modification shall be filed with the Director of Parks and Recreation.

(3)

The Subdivision Committee shall hold a public meeting for the purpose of hearing the modification request. Such meeting shall be set for a date not later than 30 days subsequent to the filing of the application.

(4)

Modifications of the methods used in complying with requirements of this code may be approved only when the Subdivision Committee makes a determination that the future residents of the subject property will be better served by the approval of the modification. If there is a determination that the future residents will not be better served, the Subdivision Committee shall disapprove the application.

(5)

The determination of the Subdivision Committee shall become final after an appeal period of 14 calendar days from the date of such determination, unless an appeal is filed within that period, in compliance with the regulations of Section 11.06.100.

(6)

A park implementation plan approved pursuant to the Local Park Component of the recreation element of the General Plan may serve as a master park modification.

(OCC § 7-9-512)

Sec. 11.06.140. - Subdivision requirements.

Any person who proposes to divide real property for the purpose of creating a residential subdivision or a parcel map for residential use shall pay a park fee or provide park land in accordance with the requirements of Sections 11.06.140 through 11.06.240.

(OCC § 7-9-520)

Sec. 11.06.150. - Method of fulfilling subdivision requirements.

The requirements of Sections 11.06.140 through 11.06.240 shall be complied with by the provision of parkland, as approved by the Subdivision Committee, the payment of park fees, or by a combination of both. Provision of parkland shall not be required for parcel maps or subdivisions containing 50 parcels or less; except that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. Whenever a person proposes to provide parkland, such person shall comply with the requirements of section 11.06.210.

(OCC § 7-9-521)

Sec. 11.06.160. - Amount of parkland required.

When the requirements of this chapter are complied with solely on the basis of providing parkland, the amount of land to be provided shall be computed by multiplying the number of proposed dwelling units by the parkland acres per dwelling unit in accordance with the appropriate density classification in the following table.

(OCC § 7-9-522)

Sec. 11.06.170. - Amount of park fees required.

Whenever the requirements of this code are met solely on the basis of the payment of park fees, the amount of such fees shall be computed by multiplying the number of proposed dwelling units by the parkland acres per dwelling unit shown in the table of section 11.06.160, and by multiplying the resultant acreage amount by the representative land value of the land being developed, per acre. Representative land value shall be determined by reference to a resolution of the City Council which shall delineate areas of like representative land value and established values for such areas. The resolution shall be reviewed annually. The annual review shall fix representative land values by the reported appraised value or by adopting the previous year's value adjusted by the Consumer Price Index for All Urban Consumers, Los Angeles-Long Beach-Anaheim or successor index.

(OCC § 7-9-523; Ord. No. 05-01, § 4, 1-19-2005)

Sec. 11.06.180. - Second residential units.

Second residential units on the same lot as defined and permitted in accordance with Title 13, zoning, shall be subject to a local park in-lieu fee assessed at 25 percent of the fee for a single family residence within the same tract and community analysis area (CAA).

(OCC § 7-9-523.1)

Sec. 11.06.190. - Amount of parkland and park fees combined.

Whenever the requirements of this code are complied with by both the provision of parkland and payment of park fee, the amount of the park fee shall be computed by determining the required amount of parkland in accordance with the provisions of Section 11.06.160 and subtracting the amount of parkland actually

provided. The remainder shall be converted to a fee in accordance with the provisions of Section 11.06.170.

(OCC § 7-9-524)

Sec. 11.06.200. - Improvement of dedicated parkland.

If the person is required to provide dedicated parkland and provides park and recreational improvements to the dedicated land, pursuant to a development plan approved by the City, 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. Value of such improvements shall be at cost to the developer.

(OCC § 7-9-525)

Sec. 11.06.210. - Parkland requirements.

Any person meeting either all or part of the requirements of this Code by providing parkland shall comply with subsections (1) through (5) below:

(1)

If the proposed parkland is within or contiguous to the boundary of a tentative tract or parcel map, it shall be shown on the tentative tract or parcel map.

(2)

If the proposed parkland is outside the boundary of the tentative tract or parcel map, it shall be shown on a separate map accompanying the tentative tract map or shall be consistent with an approved park implementation plan.

(3)

If the Subdivision Committee makes a determination that the future residents will be better served by the establishment of a park in a different location than that proposed by the person, it may require the person to pay a park fee for all or part of the required parkland, and the amount of parkland required to be shown on the tentative map shall be reduced by an equivalent amount.

(4)

Any proposal to provide parkland on real property zoned for multiple residential uses shall include a statement on the face of the map specifying the number of proposed dwelling units, and the amount of parkland required shall be computed on the basis of the number of dwelling units shown on the face of the map. If the number of building permits for dwelling units exceeds the amount proposed on the face of the tentative map, an appropriate park fee in accordance with the requirements of Section 11.06.170 shall be paid for the additional dwelling units or additional acreage dedicated.

(5)

Each proposal to provide parkland shall be reviewed and a determination made by the Director as to compliance with the regulations, standards and criteria specified by this code and the Recreation Element

of the General Plan. He shall report all such findings to the Subdivision Committee. All parkland shown on a tentative tract or parcel map or a subdivision of land shall be recorded on a final tract map or a parcel map. Such map shall include an offer of dedication to the City.

(OCC § 7-9-526)

Sec. 11.06.220. - Park fee procedures.

Park fees shall be approved by the City Council. The amount of park fees shall be computed in accordance with the provisions of Section 11.06.170, based on representative land value of the land being developed at the time the building permits are issued. Fees shall be paid prior to issuance of building permits or at such time as otherwise provided by resolution of the City Council.

(OCC § 7-9-527; Ord. No. 05-01, § 5, 1-19-2005)

Sec. 11.06.230. - Change in requirements after approval of tentative map or division of land.

If any person proposes to change the amount of the parkland or the payment of the park fee, or the size, shape, location, terrain or improvements of the park shown on an approved tentative tract map, or tentative parcel map, such change shall be deemed to be a revision of the tentative tract map or tentative parcel map, and shall require the filing of a new or revised map.

(OCC § 7-9-529)

Sec. 11.06.240. - Standards.

All required local parkland provided in compliance with this chapter shall comply with the standards and criteria contained in the Master Plan of Local Parks which is a part of the Recreation Element of the General Plan of the City. Said Master Plan of Local Parks shall be the version in force at the time of approval of a tentative tract map or tentative parcel map.

(OCC § 7-9-530)

Sec. 11.06.250. - Requirements for construction of dwelling units on sites that have not previously complied with chapter; compliance; unsubdivided and previously subdivided lands.

Whenever a person proposes to build, place, or otherwise establish a dwelling unit or units, other than replacement units, on unsubdivided and previously subdivided lands, no local park fees having been paid nor parkland dedicated on behalf of such sites, such person shall pay a park fee in an amount determined pursuant to Section 11.06.170, prior to issuing building permits.

(OCC § 7-9-540; Ord. No. 05-01, § 6, 1-19-2005)

CHAPTER 11.08. - EMINENT DOMAIN FOR REDEVELOPMENT AND ECONOMIC DEVELOPMENT

Sec. 11.08.010. - Purpose.

California Health and Safety Code § 33000 et seq. authorizes a City to establish a redevelopment agency by ordinance. Once established, a redevelopment agency may acquire property through eminent domain in

furtherance of a redevelopment plan. A redevelopment agency's eminent domain authority includes the power to take private property and transfer it to another private entity for the purpose of redevelopment. Unlike redevelopment agencies, cities generally cannot use eminent domain to transfer private property from one private owner to another private owner.

The City of Laguna Woods has not established a redevelopment agency. Nevertheless, there exists concern in the community that the City will exercise its eminent domain authority to acquire private residential property for redevelopment by a private party. There also exists concern in the community that the City may establish a redevelopment agency and the agency may exercise its eminent domain power to acquire private residential property for redevelopment by a private party. The purpose of this chapter is to address those concerns by enacting a limitation regarding the use of eminent domain by the City and by any redevelopment agency authorized by the City.

(Ord. No. 06-05, § 1, 8-16-2006)