The city council declares that the fees collected under the ordinance codified in this chapter are solely for the purpose of producing revenue for the acquisition, development and maintenance of public parks, and it is determined that the need for such public parks acquisition, development and maintenance increases in proportion to the number of residential units constructed in the city.
(Ord. 850 § 1, 1973; Ord. 1209, 1983)
For the purpose of this chapter, the words defined in this section shall have the meanings assigned to them:
"Mobile home park residential unit"
means a pad in any area where one or more lots or spaces are rented or held out in rent to be occupied by a housetrailer, mobile home, camper or similar vehicle used for residential purposes.
"Multifamily residential unit"
means a dwelling unit in a building designed for human occupancy by more than one family, and which provides a kitchen for independent living in each dwelling unit. The term "multifamily residential unit" specifically excludes any dwelling unit in a building or structure designed or intended to be occupied or used for business or commercial purposes, such as sleeping rooms in hotels and motels without kitchens or kitchen facilities.
"Single-family residential unit"
means a building designed for human occupancy containing a kitchen, designed to house not more than one family, including all necessary employees of such family.
(Ord. 850l(part), 1973; Ord. 1209, 1983)
Any person adding a residential unit or units in the city shall pay to the city the fees as established by resolution for:
A. 
Each single-family residential unit;
B. 
Each multifamily residential unit;
C. 
Each mobile home park residential unit.
(Ord. 850 § 1, 1973; Ord. 1209, 1983; Ord. 1213 § 2, 3, 1983)
Any tax paid to the city under this chapter for any residential unit which is not constructed shall be refunded upon application of the tax-payer and a showing to the satisfaction of the controller that the residential unit has not been constructed and that there is no valid building permit issued to permit such construction at the time of the refund to the taxpayer.
(Ord. 850 § 1, 1973; Ord. 1209, 1983)
The city council finds that there is an existing shortage of adequate parklands in the city, and that future residential subdivision development will exacerbate this condition. In order to mitigate the impacts and cumulative impacts of residential subdivision development on the availability of parklands within the city, the declared purpose of this article is to provide a fair and equitable mechanism in accordance with the authority granted pursuant to Section 66477 of the Government Code of the state of California for the payment of fees or dedication of land, or combination thereof, for developing or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision.
(Ord. 850 § 1, 1973; Ord. 1209, 1983; Ord. 1633 § 1, 2004)
"Fee"
shall mean the fees calculated in accordance with Section 15.48.063.
Unless otherwise defined herein,
all other definitions set forth in the Subdivision and Zoning Ordinances of the city of La Habra shall apply unless in conflict with the Subdivision Map Act of the State of California, in which case, the latter shall prevail.
(Ord. 1633 § 2, 2004)
A. 
Except as provided in the subsections 15.48.062(B) and (C), as a condition of approval of any tentative map or parcel map, each applicant shall pay the fee. The fee shall be payable at the time of the recording of the final map or parcel map or such later time as may be specified by the city.
B. 
Payment of the fee shall not be a condition of approval of any tentative map or parcel map under any of the following circumstances:
1. 
The subdivision is not used for residential purposes and contains less than five parcels; provided, however, that a condition may be imposed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.
2. 
The subdivision is a commercial or industrial subdivision.
3. 
The subdivision is a condominium project or stock cooperative, which consists of the subdivision of airspace in an existing apartment house, which is more than five years old when no new dwelling units are added.
4. 
The tentative map of the subdivision map or parcel map shall have been filed less than thirty days following the effective date of this article.
C. 
Payment of the fee shall not be required when a dedication of land shall be made pursuant to Section 15.48.064, unless such dedication of land shall not be entirely in-lieu of payment of the fee, in which case the amount of the fee shall be reduced in proportion to the number of acres dedicated multiplied by the fair market value of the subdivision per acre as set forth in Section 15.48.063, subsection (C).
(Ord. 1633 § 3, 2004)
A. 
The fee shall be calculated by reference to the following formula:
A = (DF x DU) x 3
PF= A x (Average cost per acre)
1,000
 
B. 
The foregoing formula is defined and explained as follows:
1. 
"A" is the area in acres upon which the fee shall be based.
2. 
"3" is the existing neighborhood and community park ratio. Three acres for every one thousand people.
3. 
"PF" shall be the park fee.
4. 
"DF" is the density factor determined by the average number of persons per household as determined by the 2000 federal census. The density factor shall be as follows:
Units in Structure
Persons per Household
Total
3.08
Single Family Detached
3.41
Single Family Attached
2.77
2 units in structure
3.26
3 or 4 units in structure
3.32
5 to 9 units in structure
2.51
10—19 units in structure
2.89
20—49 units in structure
286
50 or more units in structure
2.33
Mobile Home
2.07
Boat, RV, van, etc.
7.63
5. 
"DU" shall be the number of dwelling units in the subdivision.
C. 
The fee shall be the fair market value of the subdivision per acre, multiplied by "A."
1. 
The fair market value of the subdivision per acre shall be determined on the basis of an appraisal conducted by a qualified appraiser approved by the city and acceptable to the applicant, and shall to the extent practicable, reflect the fair market value as of the time immediately preceding the recording of the final map.
2. 
If either the city or the applicant objects in good faith to the appraisal, the applicant shall select a second qualified appraiser acceptable to the city. The fair market value shall be the average of the two appraisals.
(Ord. 1633 § 4, 2004)
A. 
Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee or both, shall be as follows:
1. 
Subdivider. At the time of filing a tentative map application, the owner of the property shall, as part of such filing, indicate whether they desire to dedicate property for park and recreational purposes, or whether they desire to pay a fee in lieu thereof. If they desire to dedicate land for this purpose, they shall designate the area thereof on the tentative map as submitted.
2. 
Action of City. Prior to approval of the tentative map, the community services commission and the planning commission shall review and recommend to city staff whether to require a dedication of land within the subdivision, payment of a fee in-lieu thereof, or a combination of both.
(Ord. 1633 § 5, 2004)
The fee or land obtained pursuant to this article shall be utilized for developing new or rehabilitating existing neighborhood or community park or recreational facilities in accordance with a schedule approved by the city council, which shall specify how, when and where the fee or land shall be used to serve the subdivision.
(Ord. 1633 § 6, 2004)
The fee shall be committed to its permitted use under this article within five years after payment or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If not so committed, the fee shall be distributed pro rata to the then record owners of the lots in the subdivision. That part of the fee, which has been appropriated, shall be deemed to have been committed.
(Ord. 1633 § 7, 2004)
A credit against payment of the fee or dedication of land, as applicable, shall be afforded for the value of any park and recreational improvements, including any equipment located thereon, to the dedicated land made by the applicant.
(Ord. 1633 § 8, 2004)