The city council finds and declares that the purpose of this
chapter is as follows:
A.
To establish
policy and procedures for establishing and collecting fees as an alternative
to dedication of land for park and recreational purposes as a condition
of certain land use approvals.
B.
To establish
by ordinance a process for the dedication of land, the payment of
fees in lieu of dedication of land, or a combination of dedication
and fees, for park and recreational purposes.
C.
To implement
the land dedication requirements identified in the parks and recreation
element of the City of Roseville general plan, as amended from time
to time.
D.
To be
enacted under applicable laws and the land use regulatory authority
of the City of Roseville.
E.
To apply
to land use changes and zoning changes that propose to convert non-residential
land uses to residential land use. This chapter does not apply to
commercial or industrial subdivisions or land use.
F.
To apply
to the intensification of residential land uses; examples may include
a proposed increase of the density of residential units on a given
parcel resulting in a greater demand for park services. This chapter
is not intended to apply to density bonuses that are granted in consideration
of providing affordable housing.
(Ord. 4577 § 1, 2007)
The following words are defined for purposes of this chapter
as follows:
means the permit issued or required by the city for the construction
of any dwelling unit pursuant to and as defined by the building code.
means the department of parks and recreation.
means the director of the department.
means a building or structure or part of a building or structure
designed for occupancy as a residence by one family.
means those public neighborhood and community park and recreation
facilities, land, physical improvements, or infrastructure shown and
included on the city’s capital improvement program.
means a building designed for occupancy as a residence by
two or more families, living independently of each other. Multiple-family
dwelling additionally includes, but is not limited to, apartment complexes,
condominiums, mixed use with a residential component, and other forms
of congregate living, including, for example, senior citizen homes,
retirement homes, or boarding homes.
means a building designed for occupancy as a residence by
one family. Singlefamily dwelling includes, for example, mobile homes.
(Ord. 4577 § 1, 2007)
Eligible projects are limited to single-family and multifamily
residential development projects proposed by a project applicant for
approval by the city. Prior to the approval of a project development
agreement by the city council, the director shall determine whether
land, in-lieu fees, or a combination of land and fees shall be dedicated
and/or paid by the project applicant. If the director requires a fee
payment in lieu of parkland dedication by the project applicant, the
director shall determine the appropriate amount of parkland dedication
upon which the in-lieu fee will be based. The fees shall be paid in
a lump sum, unless structured otherwise by city, at its sole discretion,
prior to the issuance of any building permits. The fee amount and
related matters such as method and timing of payment shall be specified
in the applicable development agreement. Any parkland dedicated and/or
fees paid to the city shall become property of the city in perpetuity;
provided, however, the city reserves the right to sell, transfer,
or otherwise dispose of parkland property, at its sole discretion
and without reservation or restriction from the dedicating property
owner, unless such reservation or restriction is otherwise required
by law or applicable development agreement.
(Ord. 4577 § 1, 2007)
A.
The
amount of land required for parkland dedication shall be consistent
with the requirements in the City of Roseville general plan. Proposed
residential subdivisions containing four or fewer parcels are exempted
from the requirements of this ordinance, per the Subdivision Map Act
(California Government Code Sections 66410 et seq.). Proposed residential
subdivisions containing 50 or fewer parcels may be subject only to
the payment of fees, and shall not necessarily be required to dedicate
parkland, unless otherwise required by the director. With regard to
proposed residential subdivisions of 50 parcels or more, the project
applicant shall either:
B.
For
the purposes of this chapter, the number of new dwelling units shall
be the total number of dwelling units indicated at the time of project
submittal and submittal of the tentative map or specific plan residential
land use designation to city by the project applicant. In the case
of a condominium or apartment project, the number of new single-family
dwelling units shall be the total number of condominium or apartment
dwelling units.
C.
With
respect to project eligible applications under Section 4.30.039, the
director may, in his or her sole discretion, require the payment of
fees in lieu of part or all of the parkland dedication requirement.
The amount of the Fee shall be based on the fair market value of the
land that would otherwise be required for dedication and based on
its prospective residential land use/zoning designation as requested
by the project applicant. The fair market value shall be determined
by a current fair market value appraisal valuation of the applicable
land based on assumed land use and zoning designation in accordance
with the project application. Should the city and/or project applicant
desire to pursue payment of fees in lieu of the park land dedication
requirement for the project, an appraisal shall be completed and submitted
to city within 60 days following submittal of the project application,
unless extended by director in his or her sole discretion. Such appraisal
shall be provided by the applicant and the appraisal shall be prepared
by an appropriately licensed and qualified appraiser approved by city.
Such appraisal report shall be subject to the approval of director.
Any dedicated parkland shall be free of environmental or other constraints
or encumbrances, unless expressly waived by city. Title shall be conveyed
to the city in fee simple and without restriction or limitation on
use(s), unless approved otherwise by the city attorney.
(Ord. 4577 § 1, 2007)
All fees collected pursuant to this chapter shall be assigned to the neighborhood, community, and city-wide park funds, as appropriate, and shall be expended for the following purposes: acquisition of land, development of new or rehabilitation of existing park or recreational facilities to finance the planning, development, acquisition, and construction of park facilities. Calculation of the fee shall be determined in accordance with Section 4.39.040. Fees imposed pursuant to this chapter shall be paid upon the issuance of residential building permits, except as otherwise provided by this chapter. With regard to fees collected pursuant to this chapter, the city shall assign the neighborhood park fee portion to the neighborhood park and community park fund closest to the general geographic area of the proposed development. The city shall assign the city-wide park and open space fee portions to the city-wide park funds.
(Ord. 4577 § 1, 2007)
The city may, at its sole discretion, grant a park fee credit
for privately owned and maintained common open-space or recreational
facilities (including, but not limited to, a picnic area or children’s
play structure area), provided that they have unrestricted public
use and access and/or provide significant potential for public use
and benefit. The credit may be given against the requirement of land
dedication or payment of fees, providing that all of the following
requirements are met:
A.
The
facilities proposed are in accordance with the provisions of the park
and recreation element of the City of Roseville general plan, and
the facilities will provide for park needs of the residents of the
project in such a manner as to reduce the impact on existing facilities
or reduce the need to provide new recreation facilities and parks
by the city;
B.
Yards,
court areas, setbacks, landscape corridors, urban relief areas and
other private open-space areas required by the zoning and building
regulations shall not be included in the credit computation;
C.
Provisions
shall be made to ensure that the recreational areas shall be adequately
maintained;
D.
If credit
is given for private open-space or recreation facilities, such facilities
shall not be eliminated without prior approval by the city. Open space
credit for dedication shall be based on the recreational value of
the site, as outlined in the City of Roseville general plan;
E.
Any
private recreation area for which credit will be given shall, at a
minimum, be one quarter acre in area.
(Ord. 4577 § 1, 2007)
