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Verbal - Ordinance 88-4C6'~~~ SPY R e i BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: Amending Sections 7-6211, ) 7-6222, and 7-6256 of the ) ORDINANCE NO. 88-4 Park Dedication Ordinance ) The City Council of the City of Orinda DOES ORDAIN as follows: .SECTION 1. Section 7-6211 of the Orinda Municipal Code is amended to read as follows: "Section 7-6211. Single Parcel Development. A person shall dedicate land, pay a fee in lieu thereof, or do a combination of both for park trail or recreational purposes as a condition of approval for a permit to build (1) a residential structure (including but not limited to a multiple-family structure or mobile home) or (2) an addition to a residential structure (including the conversion of a garage or other structures to habitable living area) if the new construction, remodeling or alteration adds 100 square feet or more of habitable floor area." SECTION 2. Subsections (a) and (b) of Section 7-6222 are amended to read as follows: Section 7-6222. Standards and Formula For Fees in Lieu of Land Dedication. (a) General Formula. When a fee is to be paid in lieu of land dedication, the fee shall be equal to the value of the land prescribed for dedication in Section 7-6221 and in an amount determined in accordance with subsection (b) below. The fee for an addition to the habitable area of a residential structure is $.59 for each square foot added, the total not to exceed the fee required for a new unit. The City Council may review and adjust this amount by resolution. (b) Amount of Fee. When a fee is to be paid in lieu of parkland dedication, the amount of the fee shall be determined at the time of final map approval or building permit issuance, whichever is the time of fee collection, and shall be based upon the fair market 1 value of the amount of land which would otherwise be required for dedication under Section 7-6221 plus 200 costs of improvements (such as those specified in Section 7-6221(d)). The fair market value established (as of 1988) for assessing an in lieu park dedication fee is $159,000 per buildable acre. The City Council shall review and adjust by resolution the value annually based on recent sales within and nearby the City and on other reliable sources the City may choose. For the purpose of such review and adjustment, the'City may consider the results of an appraisal report on the value of property or the County Assessor's report of assessed value within the City or other reliable sources. Following the above example: .0145 acres x $159,000/buildable acre = $2,305.00 (based upon the above value as of the date of adoption of this ordinance). SECTION 3. Section 7-6256 is amended to read as follows: "Section 7-6256. (a) A permit t destroyed b disaster, is rebuild is the damage disaster. exceeds that owner shall an addition. (b) This chapter less than purposes. Exemptions. o rebuild a dwelling unit damaged or y act of God, fire, or other natural exempt from this chapter if the permit to applied for by the owner within one year of or destruction caused by the natural If the habitable area of the new unit of the unit destroyed or damaged, then the pay the fee as if the increased area were does not apply to subdivisions containing five parcels and not used for residential However, the City shall place the following condition on the parcel map approval of such a subdivision: If, within four years, a building permit is requested for construction of a residential structure on one or more of the parcels, the owner of each such parcel is required to comply with this chapter before the permit is issued. 2 (c) This chapter does subdivisions; nor or stock coopera of airspace in an building is more units are added. not apply to commercial or industrial does it apply to condominium projects Lives which consist of the subdivision existing apartment building if that than 5 years old and no new dwelling (d) No fee or land dedication is required on a parcel for which park dedication requirements have previously been met, unless the owner proposes to add habitable floor area to an existing dwelling unit." SECTION 4. Effective Date. This ordinance becomes effective 60 days after adoption. SECTION 5. Publication. The City have this ordinance published once within in a newspaper of general circulation or this ordinance published twice in a circulation, once five days before its ado 15 days after adoption. Clerk shall either a) 15 days after adoption b) have 'a summary of newspaper of general ?tion and again within The foregoing ordinance was introduced at a meeting of the City Council held on May 24, 1988, and was adopted and ordered published at a meeting of the City Council held on June 14, 1988, by the following vote: AYES: COUNCILMEMBERS: Harb, Heggie, Landers, Dabel NOES: COUNCILMEMBERS: Guidotti ABSENT: COUNCILMEMBERS: None William J. el, May ATTEST: Th as Sinclair, City Clerk 3 VI. DEVELOPMENT IMPACT FEES: Effective May 1, 2004 PARK DEDICATION FEE CURRENT FEE Single-family detached $ 5,033 Single-family attached or townhouse 3,714 Multiple-family duplex, condominium 3,783/unit Habitable Additions: 100 sq. ft. or more Not to exceed: 1.68 per sq. ft. 5,033 TRANSPORTATION IMPACT FEE CURRENT FEE Single-family Regional l$ 917 Local 3,462 Multiple-family or second unit Regional 577 Local 2,153 Non-residential Regional .39/sq. ft. Local 1.46 s q. ft. College/University (per student) Regional 218 Local 823 Peak Hour Trip Regional 911 Local 3,425 Habitable Additions: (Local) 100 sq. ft. or more 1.54 / sq. ft. Not to exceed: 3,462 DRAINAGE IMPACT FEE CURRENT FEE Impervious Surface of New Development $.90 sq. ft. 23 Ti S haplor '16.76 PARK DEDICATIONS 16.76.010 Enactment authority. This chapter is enacted pursuant to the authority granted by Government Code Section 66477 and the Constitution of the state. (CCCC § 920-2.002) http://www.bpcnet.com/codes/orinda/-DATA/TITLE] 6/Chapter-] 6_76_PA... ] /2005