Article 5 — LOCAL PARK CODE

Editor's note— Section 1 of Ord. No. 3518, adopted Apr. 30, 1985, repealed art. 5, containing §§ 7-9-500 —7-9-561, pertaining to local park code, derived from Code 1961, §§ 78.031—78.0591, and Ord. No. 2649, §§ 1, 2, adopted Jan. 31, 1973; Ord. No. 2811, § 3, adopted Feb. 11, 1975; and Ord. No. 3175, §§ 13—19, adopted Jan. 8, 1980.

Subarticle 1. - General Provisions

This article shall be referred to as the Local Park Code.

(Ord. No. 3518, § 2, 4-30-85)

This code shall apply to all property that is located within the County of Orange, whether or not it is within the boundaries of a local park maintenance agency.

(Ord. No. 3518, § 2, 4-30-85)

The Local Park Code is adopted pursuant to section 66477 of the Government Code of the State of California, the police power, the power to zone and the power to implement the Recreation Element of the General Plan. The general purposes and objectives of the Local Park Code are:

(a)

To preserve, enhance and improve the quality of the physical environment of Orange County;

(b)

To provide a procedure for the acquisition and development of local park facilities;

(c)

To secure for the citizens of Orange County the social and physical advantages resulting from the provision of orderly park, recreation and open space facilities;

(d)

To establish conditions which will allow parks and recreation areas to be provided and to exist in harmony with surrounding and neighborhood land uses;

(e)

To ensure that adequate park and recreation facilities will be provided;

(f)

To ensure that park and recreation facilities are provided and maintained in a manner that will permit their maximum use and enjoyment by the residents of the surrounding areas; and

(g)

To provide regulations requiring two and one-half (2½) acres of land or the proportionate share thereof for each one thousand (1,000) persons residing within the County be supplied by persons proposing to establish dwelling units.

(Ord. No. 3518, § 2, 4-30-85)

(a)

In all matters pertaining to local parks, the Local Park Code shall take precedence over all other ordinances or resolutions adopted by the Board of Supervisors, subject to the following provisions:

(1)

The provisions of the Local Park Code shall not be construed to repeal, amend, modify, impair, annul or otherwise interfere with any other existing article, ordinance, easement, deed restriction, covenant or other agreement between parties or any part thereof not specifically repealed, amended, modified, or annulled herein, except that where this code imposes greater limitations or requirements on the use of land, or greater parks and open spaces, or larger areas or dimensions, or larger fees than the limitations or requirements imposed by any other article, ordinance, easement, deed restriction, covenant or agreement on the same premises or property, this code shall control.

(2)

Nothing in this code shall be construed to authorize the use of any premises or property in violation of this or any other applicable article, statute, ordinance or regulation.

(b)

Whenever reference is made to any portion of this code, the reference applies to all amendments and additions now or hereafter made.

(c)

If any section, subsection, paragraph, sentence, clause or phrase of this code is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity or constitutionality of the remaining portions of this code. The Board of Supervisors hereby declares that it would have passed this code and each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact

that one (1) or more of the sections, subsections, paragraphs, sentences, clauses or phrases thereof be declared invalid.

(d)

In the event any uncertainty exists as to the meaning or intent of any of the provisions or requirements of this code, it shall be the duty of the Director of the Environmental Management Agency to make a determination regarding such meaning or intent: such determination shall be that which best carries out the purposes and objectives of this code as set forth in section 7-9-502.

(Ord. No. 3518, § 2, 4-30-85)

The Board of Supervisors hereby declares that it is the duty and the responsibility of the residents of the County of Orange 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 County to act in a stewardship capacity for future cities by providing local park facilities in the unincorporated area.

(a)

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 code.

(b)

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 code.

(c)

It is the duty of the Director of the Environmental Management Agency to verify that the requirements of this code are complied with, and to notify all interested parties and agencies of such compliance.

(d)

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

(Ord. No. 3518, § 2, 4-30-85)

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.

(Ord. No. 3518, § 2, 4-30-85)

(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 article, all definitions of the Orange County Zoning Code and the Orange County Subdivision Code are applicable to this code.

(Ord. No. 3518, § 2, 4-30-85)

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 Orange County.

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.

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

(Ord. No. 3518, § 2, 4-30-85; Ord. No. 3910, § 1, 2-1-94)

All park fees paid pursuant to subarticle II and interest accrued from such fees to the County 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 section 66477.5.

All park fees paid pursuant to subarticle III and interest accrued from such fees to the County shall be used for the purposes set forth in section 7-9-502 and shall be deposited in a separate account reserved for such purposes.

(Ord. No. 3518, § 2, 4-30-85)

(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 (10) 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 of Parks and Recreation shall bring the matter before the Planning Commission for hearing within thirty (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 (10) 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 (1) 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 (7) days of the conclusion of its hearing.

(e)

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

(Ord. No. 3518, § 2, 4-30-85; Ord. No. 3641, § 1, 6-16-87)

(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 Board of Supervisors and shall be filed in duplicate with the Clerk of the Board of Supervisors within ten (10) 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 code, 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 Board of Supervisors 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 Clerk of the Board of Supervisors such report, together with such reports in the matter as possessed by the Planning Commission.

(d)

The Board of Supervisors shall consider the appeal at a regular meeting within thirty (30) calendar days following the receipt by the Clerk of the Board of Supervisors or within such time as the Board shall continue the matter.

(e)

Notice of the time and place the Board of Supervisors will consider the appeal shall be mailed by the Clerk of the Board of Supervisors to the applicant, and to the person who filed the appeal (if other than the applicant), and shall give at least ten (10) days' notice.

(f)

The Board of Supervisors 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 Board of Supervisors may desire to have included. If the Board fails to pass such a resolution within thirty (30) calendar days following the receipt by the Clerk of the Board of Supervisors of the duplicate copy of the appeal, or within such time as the Board continued the matter, such failure shall be deemed an affirmation of the determination of the Planning Commission.

(Ord. No. 3518, § 2, 4-30-85; Ord. No. 3641, § 2, 6-16-87)

Requests for refunds of park fees paid or release of security instruments may be directed to the Director of the Environmental Management Agency 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 Board 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.

Requests that do not comply with above criteria (1) and (2) or (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 7-9-509, and then to the Board of Supervisors as described in section 7-9-510.

When the Director of the Environmental Management Agency approves a refund, he shall request a warrant from the Auditor-Controller, citing in his request the Board 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 Clerk of the Board of Supervisors.

(Ord. No. 3518, § 2, 4-30-85)

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

(a)

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.

(b)

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

(c)

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 thirty (30) days subsequent to the filing of the application.

(d)

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.

(e)

The determination of the Subdivision Committee shall become final after an appeal period of fourteen (14) calendar days from the date of such determination, unless an appeal is filed within that period, in compliance with the regulations of section 7-9-509.

(f)

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

(Ord. No. 3518, § 2, 4-30-85; Ord. No. 3641, § 3, 6-16-87)

Secs. 7-9-513—7-9-519. - Reserved. Subarticle 2. - Requirements For Subdivisions

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 this subarticle.

(Ord. No. 3518, § 2, 4-30-85)

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

(Ord. No. 3518, § 2, 4-30-85; Ord. No. 3641, § 4, 6-16-87)

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

Dwelling Persons per Park Land Units per Dwelling Unit Acres per Gross Acre Dwelling Unit

Up to 6.5 3.21 0.008

(a)

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 park land acres per dwelling unit shown in the table of section 7-9-522, 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 Board of Supervisors which shall delineate areas of like representative land value and established values for such areas. The resolution shall be reviewed annually by June 30 of each year and shall incorporate a map and representative land values of each local park code area as appraised by OC Public Works Real Estate at intervals of not more than five (5) years. The annual review shall adjust the map and 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.

(b)

The Board of Supervisors may waive the annual review of the resolution and may determine that the land values adjusted by the Consumer Price Index shall not apply in any year when the Board of Supervisors finds that economic conditions justify not increasing the land value.

(c)

Where the Housing Element of the General Plan or applicable State law provides for density bonuses or other concessions to facilitate development of affordable housing, the Board of Supervisors may waive local park fees or local park fee increases if requested by the developer of such affordable housing after approval of any applicable discretionary permit.

(Ord. No. 3518, § 2, 4-30-85; Ord. No. 09-005, § 1, 6-23-09)

Second residential units on the same lot as defined and permitted in accordance with section 7-9-146.5 of the Zoning Code, shall be subject to a local park in-lieu fee assessed at twenty-five (25) percent of the fee for a single family residence within the same tract and Community Analysis Area (CAA).

(Ord. No. 3946, § 1, 10-24-95)

Whenever the requirements of this code are complied with by both the provision of park land and payment of park fee, the amount of the park fee shall be computed by determining the required amount of park land in accordance with the provisions of section 7-9-522 and subtracting the amount of park land actually provided. The remainder shall be converted to a fee in accordance with the provisions of section 7-9-523.

(Ord. No. 3518, § 2, 4-30-85)

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

(Ord. No. 3518, § 2, 4-30-85)

Any person meeting either all or part of the requirements of this code by providing park land shall comply with subsections (a), (b), (c), (d), and (e) below:

(a)

If the proposed park land 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.

(b)

If the proposed park land 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.

(c)

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 park land, and the amount of park land required to be shown on the tentative map shall be reduced by an equivalent amount.

(d)

Any proposal to provide park land 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 park land 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 7-9-523 shall be paid for the additional dwelling units or additional acreage dedicated.

(e)

Each proposal to provide park land shall be reviewed and a determination made by the Director of Parks and Recreation of the Environmental Management Agency 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 park land 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 County of Orange.

(Ord. No. 3518, § 2, 4-30-85; Ord. No. 3641, § 5, 6-16-87)

Park fees shall be approved by the Subdivision Committee. The amount of park fees shall be computed in accordance with the provisions of section 7-9-523, 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 Board of Supervisors.

Any approval of the payment of park fees shall be made by the Subdivision Committee prior to or concurrently with the approval of the tentative map, and such approval shall be shown on the face of the tentative map and by conditions of approval.

(Ord. No. 3518, § 2, 4-30-85; Ord. No. 3641, § 6, 6-16-87)

If any person proposes to change the amount of the park land 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.

(Ord. No. 3518, § 2, 4-30-85)

All required local park land provided in compliance with this code 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 County of Orange. 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.

(Ord. No. 3518, § 2, 4-30-85)

Subarticle 3. - Requirements For Construction Of Dwelling Units On Sites That Have Not Previously Complied With This Code

Secs. 7-9-531—7-9-539. - Reserved.

Whenever a person proposes to build, place, or otherwise establish a dwelling unit or units, other than replacement units, on a building site or sites created prior to June 29, 1971, no local park fees having been paid nor park land dedicated on behalf of such sites, such person shall pay a park fee in an amount determined pursuant to section 7-9-523, prior to issuing building permits.

(Ord. No. 3518, § 2, 4-30-85; Ord. No. 3910, § 2, 2-1-94)

Secs. 7-9-541—7-9-599. - Reserved.