Article 16 — Park and Recreation Dedications/Fees Associated with Residential Development

There is hereby created a fund to be known as the "Park Facilities Fund" to account for fees paid pursuant to this article. Such fees shall be deposited into the Park Facilities Fund, and maintained by the City Treasurer, and shall be used solely for the acquisition of new and rehabilitation of existing community park and recreational facilities.

(§ 1, Ord. 740-NS, eff. January 5, 2005)

• (a) Except as otherwise provided in this article, any new residential development of one unit or more, and any addition of one or more units to an existing residential property shall be subject to the park dedication requirement, or payment of fees in lieu thereof, or both, as established by this article.

• (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 factor 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 two acres of park and recreation area per 1,000 residents in the City.

• (c) As used herein, the term "density factor" means 4.12 persons per dwelling unit, or based upon the most recently available census, or updated census pursuant to California Government Code Section 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 9-3.1607 of this article, 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 9-3.1603 of this article when the construction consists solely of adding a second residential unit to a property containing only one single-family dwelling unit.

• (e) The standardized in lieu fee payment formula (subject to updated census numbers) shall be as follows:

• (f) The City Council, by resolution, may establish a flat fee of a lesser amount than determined by the formula outlined in subsection (e) of this section. Such flat fee shall apply to all projects on a per unit basis including such fees as required by Section 9-3.1603 of this article. Such adopted resolution shall supersede the amount determined by the formula.

• (g) The park dedication or payment of fees in lieu thereof, or both, shall be completed prior to the issuance of a certificate of occupancy for any such dwelling unit within a development.

• (§ 1, Ord. 740-NS, eff. January 5, 2005)

When a building permit is sought for the development of a second dwelling 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 50% of the amount required under the formula established in Section 9-3.1602(e) of this article.

(§ 1, Ord. 740-NS, eff. January 5, 2005)

• (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 9-3.1602 of this article.

• (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 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.

• (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.

• (§ 1, Ord. 740-NS, eff. January 5, 2005)

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 article 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.

(§ 1, Ord. 740-NS, eff. January 5, 2005)

• (a) Fees paid into the Park Facilities Fund which are not committed within five years from the date of payment shall be returned to the then current owner(s) of the residential development project, 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 Article 17 of Title 9 of the Huntington Park Municipal Code, at least 10 days prior to the hearing.

• (§ 1, Ord. 740-NS, eff. January 5, 2005)

• (a) Fair market value shall be based upon the property value of the proposed residential development multiplied by the acres (square footage) to be dedicated pursuant to this article. Such value is

determined by a written appraisal report provided by the developer, as 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 months prior to the payment of the fee. If more than six months have 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 sub-divider shall pay for the cost of any such updated appraisal.

• (c) For the purposes of this article, fair market value shall be determined based upon the assumption that the development proposal 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. (§ 1, Ord. 740-NS, eff. January 5, 2005)