CC SR 20151117 E - Parkland Dedication Fees 5656 Crest RoadCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR & CITY COUNCIL M MBERS
FROM: JOEL ROJAS, COMMUNITY D
DATE: NOVEMBER 17, 2015
SUBJECT: PARKLAND DEDICATION FEES FOR FINAL PARCEL MAP NO.
72999 (CASE NO. SUB2014-00004) FOR PROPERTY LOCATED
AT 5656 CREST ROAD.
REVIEWED: DOUG WILLMORE, CITY MANAGER ~
Project Manager: So Kim, Senior Planne fOfU
RECOMMENDATION
Accept parkland dedication (Quimby) fees for Final Parcel Map No. 72999, pursuant to
the City's Parkland Dedication Fee formula, in the amount of $42,893.61.
FISCAL IMPACT
No fiscal impact.
BACKGROUND
On April 21, 2015, the City Council adopted Resolution Nos. 2015-28 (Mitigated Negative
Declaration) and 2015-29 (General Plan Amendment, Tentative Parcel Map 72999 and
Variance); thereby allowing a lot split for the future development of two residential
structures on a vacant lot located at 5656 Crest Road (Case Nos. ZON2014-00279 &
SUB2014-00004). Additionally, the City Council introduced Ordinance No. 566,
approving the zone change of said lot from RS-2 (Single -Fa mily Residential 2 du/ac) to
RS-4 (Single-Family Residential 4 du/ac). This ordinance and related entitlements went
into effect on June 18, 2015.
On June 11, 2015, the applicant submitted Final Parcel Map No. 72999 to the Community
Development Department for approval. Approval of the Final Map is contingent on the
applicant demonstrating that all Conditions of Approval of the Tentative Parcel Map have
been met. Accordingly, the submitted documents were forwarded to the City Engineer
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for review on June 17, 2015. After a series corrections and revised paperwork, the Final
Parcel Map No. 72999 was deemed to be in compliance with all the required conditions
of approval by the City Engineer on November 3, 2015. Also as part of the Conditions of
Approval, the applicant must pay the parkland dedication (Quimby) fees prior to
recordation of the final map (see attached Conditions of Approval to Resolution No. 2015-
29). Therefore, the acceptance of the parkland dedication fee is before the Council this
evening.
DISCUSSION
Based on a review of the Final Parcel Map, the Planning Staff, Public Works Staff, and
the City Engineer believe that the Final Map is in compliance with all conditions of
approval and therefore in substantial conformance with the Tentative Parcel Map
approved by the City Council on April 21, 2015. Additionally, a $5,000 cash bond has
been posted for the monument condition with the Public Works Department. As such,
once a Parkland Dedication In-Lieu Fee is paid, the City Clerk and the Finance Director
will be instructed to sign the map so that it can be recorded by the Los Angeles County
Recorder's Office. All other parties, including the property owner, notary public, and the
applicant's engineer of record have already signed the Final Map.
Parkland Dedication Fees
Pursuant to Chapter 16.20.100 of the City's Municipal Code, as a condition of approval
of a tentative tract or parcel map, the subdivider shall dedicate land, pay a fee in lieu
thereof, or a combination of both, at the option of the City, for park and recreational
purposes. Because there is no park or recreational facility designated in the General Plan
to be located in whole or in part within the proposed subdivision to serve the immediate
and future needs of the residents of the subdivision, the map was conditioned so that the
subdivider, in lieu of dedicating land, shall pay a fee equal to the value of the land
prescribed for dedication. The fee, which has been calculated pursuant to the City's
Development Code, is now being presented to the City Council for acceptance.
According to the Development Code, where a fee is required to be paid in lieu of land
dedication, the amount of such fee shall be based upon the fair market value of the
amount of land which would otherwise be required to be dedicated. The fair market value
of land shall be determined by the City Council using one of four alternative methods.
These methods are: 1) the assessed market valuation established by the Los Angeles
County Tax Assessor, if the land has been assessed within the last calendar year; 2) the
sale price of land if sold within the last five years plus the inflation rate and any
contingencies at the time of sale; 3) the sale of comparable properties within the last year;
or 4) a land appraisal prepared by a member of the appraisal institute.
On August 26, 2015, the applicant submitted a copy of the Buyer's Final Settlement
Statement with the final sale price of the property (see attachment). According to this
document, the subject lot was sold for $720,000 on April 30, 2015. Since the purchase
was made in the past few months, Staff used the final purchase price in determining the
fair market value of the subject property. With this, Staff calculated the per/acre value of
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the subject property at $1,531,914.80 ($720,000/ 0.47 acres). Based upon the current
market value, the calculation of the Quimby park fee is as follows:
Market Value of the Subject Property (per acre) $1,531,914.80/acre
multiplied by: Parkland Dedication requirement 1 0.0140 acre per dwelling unit
multiplied by: Number of dwelling units: 2 dwelling units
equals: $42,893.61
($1,531,914.80 x 0.0140 x 2)
As a result, Staff recommends that the total amount of $42.893.61 be accepted as the
fee in lieu of land dedication.
ADDITIONAL INFORMATION
Residential Development
As noted in the attached Conditions of Approval, all future development on each of the
subject properties will be subject to review by the Community Development Department
on an individual basis, including Neighborhood Compatibility review.
CONCLUSION
Based upon the above discussion, Staff recommends that the City Council approve the
parkland dedication (Quimby) fee of $42,893.61.
ALTERNATIVES
In addition to Staff's recommendation, the following alternative is available to the City
Council:
1. Identify any issues or concerns with the proposed fee calculation and continue this
item to a future agenda;
ATTACHMENTS
• Tentative Parcel Map Conditions of Approval (Resolution No. 2015-29)
• Chapter 16.20.100 of the RPV Municipal Code
• Buyer's Final Settlement Statement
1 Pursuant to the Section 16.20.1 OO(D) of the Development Code, the City's Parkland Dedication
requirement is .0140 for subdivisions having a density of less than 6.1 dwelling units/acre.
(page 4)
(page 9)
(page 13)
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Tentative Parcel Map No. 72999
Conditions of Approval
(C.C. Resolution No. 2015-29)
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Exhibit "A"
Conditions of Approval
General Plan Amendment, Zone Change, Tentative Parcel Map 72999, Variance
Case Nos. ZON2014-00279 & SUB2014-00004
5656 Crest Road
General
1. Within 90 days of this approval, the applicant and/or the property owner shall submit
to the City a statement, in writing, that they have read, understand, and agree to all
conditions of approval contained in this Resolution. Failure to provide said written
statement within 90 days following the date of this approval shall render this approval
null and void.
2. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the City
of Rancho Palos Verdes Municipal Code shall apply.
3. The Community Development Director is authorized to make minor modifications to
the approved plans and any of the conditions of approval if such modifications will
achieve substantially the same results as would strict compliance with the approved
plans and conditions. Otherwise, any substantive change to the project shall require
approval of a revision by the City Council, which may require new and separate
environmental review.
4. Failure to comply with and adhere to all of these conditions of approval may be cause
to revoke the approval of the project pursuant to the revocation procedures contained
in Section 17.86.060 of the City's Municipal Code.
5. In the event that any of these conditions conflict with the recommendations or
requirements of another permitting agency or City department, the stricter standard
shall apply.
6. The subdivision allows for two parcels that shall comply with the minimum lot
dimensions required by the Development Code for the RS-4 Zoning District, with a
reduced lot width of 67.5'. Vacant Lot 1 will contain a lot area of 10,306ft2; while Lot
2 will also be vacant and contain a lot area of 10,420ft2. Both lots will measure 67.5'
in width by 120' in depth.
7. This approval expires 24 months from the date of approval of the parcel map by the
Planning Commission, unless extended per Section 66452.6 of the Subdivision Map
Act and Section 16.16.040 of the Development Code. Any request for extension shall
be submitted to the City Council in writing and with the appropriate fee prior to the
expiration of the map.
8. Easements shall not be granted within easements dedicated or offered for dedication
to the City until after the final map is filed and recorded with the County Recorder. No
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easements shall be accepted after recording of the final map that in any way conflict
with a prior easement dedicated to the City, or any public utility. All existing easements
shall remain in full force and effect unless expressly released by the holder of the
easement.
9. The proposed parcel map shall adhere to all the applicable dedications and
improvements required per Chapter 16.20 of the Development Code.
Prior to the Submittal of Final Parcel Map 72999
10. According to Section 16.20.130 of the Development Code and the Subdivision Map
Act, at the time of making the survey for the final parcel map, the engineer or surveyor
shall set sufficient durable monuments to conform to the standards of the Subdivision
Map Act. Prior to recording the final map, the exterior boundary of land being
subdivided shall be adequately monumented with no less than a two (2) inch iron pipe,
at least eighteen (18) inches long, set in dirt and filled with concrete at each boundary
corner. The parcel lot corners shall be monumented with no less than one-half inch
iron pipe for the interior monuments. Spikes and washers may be set in asphalt
pavement and lead and tacks may be set in concrete pavement or improvements in
lieu of pipes. All monuments shall be permanently marked or tagged with the
registration or license number of the engineer or surveyor under whose supervision
the survey was made.
11. A note shall be placed on the final map stating that a geology and/or soils report has
been prepared in conjunction with the subdivision.
12. All existing easements shall be clearly illustrated and described on the final parcel
map.
13. Prior to submitting the final map to the City Engineer for examination, the applicant
shall obtain clearance from all affected departments and divisions, including a
clearance from the City Engineer for the following items: mathematical accuracy,
survey analysis, correctness of certificates and signatures.
14. Development shall comply with all requirements of the various municipal utilities and
agencies that provide public services to the property prior to approval of the final map.
Prior to the Recordation of Final Parcel Map 72999
15. Parkland dedication fees, pursuant to Section 16.20.100 of the Development Code,
shall be paid to the City.
16. The final map is subject to review and approval by the City Engineer. A trust deposit
shall be established with the City to cover any costs of the City Engineer's review.
17. Prior to recordation, the applicant shall supply the City with a digital copy of the Final
Parcel Map in the format required by the County of Los Angeles, through ordinance
#99-0080. An additional copy for the County of Los Angeles will also be required upon
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submittal of the Final Parcel Map to the Los Angeles County Recorder's office.
After Recordation of the Final Parcel Map 72999
18. The applicant shall supply the City with one mylar and copies of the map after the final
map has been filed with the Los Angeles County Recorder's Office.
Future Development Proposals
19. The ingress and egress access shall be from Whitley Collins Drive, and no access
shall be allowed from Crest Road. Existing curb cuts and driveways on Crest Road
shall be removed.
20. Future development of the lots shall comply with the RS-4 requirements of the City's
Municipal Code at the time and date the Tentative Parcel Map is approved by the City.
21. Future development of the lots shall comply with the City-adopted Mitigation Measures
associated with the adopted Mitigated Negative Declaration for the map.
22. Future development proposals shall be restricted to a maximum building height of 16',
as measured from the highest point covered by structure to the ridgeline; and 20', as
measured from the point where the lowest foundation or slab meets finished grade to
the ridgeline, for a single-story structure on each of the proposed lots.
23. Future development proposals will require submittal of appropriate applications for
review to the City, including, but not limited to a Grading Permit, Site Plan Review and
Neighborhood Compatibility Analysis.
24. A sewer connection fee shall be paid to the County Sanitation Districts of Los Angeles
County prior to the issuance of a permit to connect to the sewer line.
25. All lots shall be served by adequately sized water system facilities, which shall include
fire hydrants of the size, type and location as determined by the L.A. County Fire
Department. The water mains shall be of sufficient size to accommodate the total
domestic and fire flows required for a land division. Domestic flow requirements shall
be determined by the L.A. County Fire Department.
26.Addresses for the proposed vacant lots shall be obtained by the property owner from
the City prior to issuance of any building permit for the subject parcel(s).
27. The applicant shall be responsible for repair to any public street that may be damaged
during any future development of the subject parcels.
28.All utilities to and on the subject lots shall be provided underground, including cable
television, telephone, electrical, gas and water. All necessary permits shall be
obtained for their installation.
29. Future development of the vacant parcels shall be subject to review by the City's
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Geotechnical Consultant prior to obtaining approval of any Planning Division
applications for development.
30. Prior to Building or Grading Permit issuance, the applicant shall comply with Public
Works Department requirements, including, but not limited to, landscaping and curb
cuts to the Public Works Director's satisfaction.
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Chapter 16.20.100 of the RPV Municipal Code
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16.20.100 -Park and recreation dedications and fees.
A. Intent. This chapter is enacted pursuant to the authority granted by Section 66477 of the Subdivision
Map Act. The provisions of this chapter shall not apply to any subdivisions exempted from dedication
requirements by Section 66477 of the Subdivision Map Act.
B. Requirements. As a condition of approval of a tentative tract or parcel map, the subdivider shall
dedicate land, pay a fee in lieu thereof, or a combination of both, at the option of the city, for park and
recreational purposes at the time and according to the standards and formulas contained in this
chapter.
C. General Standard. It is found and determined that the public interest, convenience, health, welfare and
safety require that four acres of property for each one thousand persons residing within this city be
devoted to local park and recreational purposes.
D. Formula for Dedication of Land. Where a park or recreational facility has been designated under the
"Recreational Activity," section of the "Urban Environment Element" of the city's general plan, and is
to be located, in whole or in part, within the proposed subdivision to serve the immediate and future
needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient
in size and topography to serve the residents of the subdivision. The amount of land to be provided
shall be determined pursuant to the following standards and formula:
Amount of land to be provided Parkland Acreage per DU x
Parkland Acreage per DU Average Density per DU
The following table of population density is to be followed:
Density of Dwelling
Less than 6.1 DUiac.
6.1 or more DUiac.
DU
ac.
Average
Density/DU
3.5
2.8
. Dwelling unit
Number of
lots to be
created
1,000 population
park acreage standard
Parkland
Acreage/DU
Acre
.0140
.0112
Park acreage standard 4 acres of property
The amount of land to be provided shall be the parkland acreage per dwelling unit applied to the
number of parcels (dwelling units) that will be created through the subject subdivision. In the event that
a parcel is created where there is an existing dwelling unit, and the dwelling unit will remain on the
newly created parcel, said parcel shall be exempt from the parkland acreage calculation. Dedication
of the land shall be made in accordance with the procedures contained in subsection J of this section.
E. Formula for Fees in Lieu of Land Dedication.
1. General Formula. If there is no park or recreational facility designated in the general plan to be
located in whole or in part within the proposed subdivision to serve the immediate and future
needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee
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equal to the value of the land prescribed for dedication in subsection D of this section and in an
amount determined in accordance with the provisions of subsection G of this section.
2. Fees in Lieu of Land. If the proposed subdivision is exempt under Government Code Section
66477 from dedication requirements but is subject to the requirement of fees in lieu of land or if
the city council elects to require a fee in lieu of dedication, the subdivider shall pay a fee equal to
the value of the land prescribed for dedication in subsection D of this section and in an amount
determined in accordance with the provisions of subsection G of this section.
3. Use of Money. The money collected under this section shall be used only for the purpose of
developing new or rehabilitating existing neighborhood or community park or recreational facilities
to serve the subdivision, including the purchase of necessary land and the improvement of such
land for park or recreational purposes.
F. Criteria for Requiring Both Dedication and Fee. The city may require the subdivider to both dedicate
land and pay a fee in lieu thereof in accordance with the following formula:
1. When only a portion of the land to be subdivided is proposed in the general plan as the site for a
local park, such portion shall be dedicated for local park purposes, and a fee computed pursuant
to the provisions of subsection E of this section shall be paid for any additional land that would
have been required to be dedicated pursuant to subsection D of this section.
2. When a major part of the local park or recreational site has already been acquired by the city and
only a small portion of land is needed from the subdivision to complete the site, such remaining
portion shall be dedicated for local park purposes, and a fee computed pursuant to the provisions
of subsection E of this section shall be paid for any additional land that would have been required
to be dedicated pursuant to subsection D of this section.
G. Amount of Fee in Lieu of Land Dedication. Where a fee is required to be paid in lieu of land dedication,
the amount of such fee shall be based upon the fair market value of the amount of land which would
otherwise be required to be dedicated pursuant to subsection D of this section. The fee shall be paid
pursuant to the provisions contained in subsection J of this section. The "fair market value" of the land
at the time of filing the tentative tract or parcel map shall be determined by the city council using one
of the following methods:
1. The assessed market valuation established by the Los Angeles County Tax Assessor, if the land
has been assessed within the last calendar year;
2. The sale price of the land, if the land has been sold within the past five years, plus the inflation
rate established by the Consumer Price Index (C.P.I.) for each year subsequent to the sale, plus
any contingencies established at the sale which would increase the market value. Documentation
of the price established in escrow and the escrow instructions which would affect the final sale
price, if any, shall be submitted to the director by the developer;
3. The sale price of comparable properties in the area, taken from transactions that have completed
escrow within the previous year;
4. An appraisal performed by a member of the appraisal institute (MAI.) appraiser, to be paid by
the developer, if none of the above methods are applicable.
H. Determination of Land or Fee. The city council shall determine whether land dedication, the payment
of a fee in lieu thereof, or a combination of both, shall be required. Whether the city council accepts
land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be
determined by consideration of the following:
1. Recreational element of the city's general plan;
2. Topography, geology, access and location of land in the subdivision available for dedication;
3. Size and shape of the subdivision and land available for dedication;
4. The feasibility of dedication;
5. Availability of previously acquired park property. Only the payment of fees shall be required in
subdivisions containing fifty parcels or less, or in condominium projects, stock cooperative
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projects, or community apartment projects containing fifty dwelling units or less. The
determination of the city council as to whether land shall be dedicated or whether a fee shall be
charged, or a combination thereof, shall be final and conclusive.
I. Credit for Private Open Space. Where private open space for park and recreational purposes is
provided in a proposed subdivision and such space is to be privately owned and maintained by the
future residents of the subdivision, partial credit, not to exceed fifty percent of the total land dedication
required by this section, may be given against the requirement of land dedication or payment of fees
in lieu thereof, if the city council finds that it is in the public interest to do so and that all the following
standards are met
1. That yards, court areas, setbacks and other open areas required to be maintained by the zoning
and building ordinances and regulations shall not be included in the computation of such private
open space;
2. That the private ownership and maintenance of the open space is adequately provided for by
recorded written agreement, conveyance or restrictions;
3. That the private open space is restricted for park and recreational purposes by recorded
covenant, which runs with the land in favor of the future owners of property and which cannot be
defeated or eliminated without the consent of the city council or its successor;
4. That the proposed private open space is reasonably adaptable for park and recreational
purposes, taking into consideration such factors as size, shape, topography, geology, access and
location;
5. That facilities proposed for the open space are in substantial accordance with the provisions of
the recreational element of the general plan.
Before credit is given, the city council shall make written findings that the above standards are
met.
J. Procedure.
1. At the time of approval of the tentative tract or parcel map, the city council upon the
recommendation of the planning commission, shall determine pursuant to subsection H of this
section, the land to be dedicated and/or fees to be paid by the subdivider.
2. At the time of the filing of the final tract or parcel map, the subdivider shall dedicate the land or
pay the fees as previously determined by the city council.
3. Open space covenants for private park or recreational facilities shall be submitted to the city
council prior to approval of the final tract or parcel map and shall be recorded contemporaneously
with the final tract or parcel map.
(Ord. 320 § 7 (part), 1997: Ord. 269 § 1, 1991; Ord. 126 § 1 (part), 1980: Ord. 78 (part), 1975)
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Buyer's Final Settlement Statement
13
Property:
Buyer:
Address:
Seller:
Address:
First American Title Company
National Commercial Services
777 South Figueroa Street, Suite 400 ·Los Angeles, CA 90017
Office Phone:(213)271-1700 Office Fax:(877)805-5023
Buyer's Final Settlement Statement
Vacant Land, Rancho Palos Verdes, CA 90275 File No: NCS-553085-LA2
Beverly Group, LLC
Vacant Land, Rancho Palos Verdes, CA 90275
Union Oil Company of California
Officer: Steven Kosek/sk
Settlement Date:
Disbursement Date:
Print Date:
145 S. State College Blvd., , Suite 400, Brea, CA 92821
04/30/2015
04/30/2015
05/04/2015, 12:55 PM
Charge Description Buyer Charge Buyer Credit
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_:f_i_!le/Escrovi_Char~_!Qi ______________ =============:=-=-:::__:::::=.:==:: ~==:==::::_:::::::.==F-======
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Documentary Transfer Tax-50% to Document Processing Solutions, Inc. 396.00 ---· ~---·---.... --.... --.---=-~-41 _______ __,,
Disbursements Paid: I -Extenston-Fee·-reiea-secr-toun1on-qT1co~~orcanrc;rnTa---·-·---·----------------·--~1---------·---·-----y-;ooo:-oo-t---.. --·---~--------
Exten~n .. Jee released to seller to Union Oil Comp.any of Cali!C21'!l@_ .. _________________ ,, ________ ~---···-·--·-·Z:JlQQcO_o_ .... _____ _
Extension...f_f'.~ .. r:_~lea~~~-2nd 6.._nl_endment J2...l!_ri_i(JD_ Oil_Qsl.rnP__<l_ll.Y of California ...... _ .. __ ......... 3~.Cl .. QQR.9 .... ! ...... ·------·-·----
1 ---·----·-------------------------------.=---o""'C'--=--~~-c-co=---1-----~~=~-c"C"L.---------Cash ( From) (X To) Buyer 1,673.00
Totals 775,294.58 775,294.58
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