Whether the decision-making body accepts land dedication or
elects to require payment of the total park impact fee, shall be determined
by consideration of the following:
(A) The natural features, access, and location of land in the subdivision
available for dedication;
(B) The size and shape of the subdivision and land available for dedication;
(C) The feasibility of dedication;
(D) The compatibility of dedication with the General Plan; and
(E) The location of existing and proposed park sites and trailways.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
Where private open space usable for active recreational purposes
is provided in a planned development, real estate development, stock
cooperative, and community apartment project, as defined in Sections
11003, 11003.1, 11003.2, 11003.4 and 11004, respectively, of the Business
and Professions Code, and condominiums, as defined in Section 783
of the
Civil Code, partial credit, not to exceed 45 percent, shall
be given against the requirement of land dedication or payment of
impact fees if the decision-making body finds that it is in the public
interest to do so and that all the following standards are met:
(A) Yards, court areas, setbacks and other open areas required by the
zoning and building ordinances and regulations shall not be included
in the computation of such private open space; and
(B) Private park and recreation facilities shall be owned by an owners
association composed of all property owners in the subdivision and
being an incorporated nonprofit organization capable of dissolution
only by a 75 percent affirmative vote of the membership and approved
by the City, operated under recorded land agreements through which
each lot owner in the neighborhood is automatically a member, and
each lot is subject to a charge for a proportionate share of expenses
for maintaining the facilities; and
(C) Use of the private open space is restricted for park and recreation
purposes by recorded covenant which runs with the land in favor of
the future owners of the property and which cannot be defeated or
eliminated without the consent of the City or its successor; and
(D) The proposed private open space is reasonably adaptable for use for
park and recreation purposes, taking into consideration such factors
as size, shape, topography, geology, access and location; and
(E) The open space for which credit is given is a minimum of one acre
and provides a minimum of five of the local park basic elements listed
in this subsection, or a combination of such and other recreation
improvements that will meet the specific recreation needs of future
residents of the area:
Elements
|
Acres
|
---|
Children's play apparatus area
|
0.05 to 0.25
|
Landscape park-like with quiet areas
|
0.25 to 1.00
|
Family picnic area
|
0.05 to 0.25
|
Game court area
|
0.05 to 0.25
|
Turf playfield
|
0.25 to 1.00
|
Swimming pool (42′ x 75′ with adjacent deck/lawn
area)
|
0.25 to 0.50
|
Recreation center building
|
0.05 to 0.25
|
(Ord. 3216 § 1, 1995; Ord. 3591 § 1, 2002; Ord. 2018-014 § 1)
At the time of approval of a tentative map or tentative parcel
map, rezoning, or any other discretionary approval of development,
the decision-making body shall, pursuant to this chapter, determine
whether to require the dedication of land and allow a credit against
the park impact fee.
Dedications of land shall be made on the final subdivision map. The park impact fee shall be calculated and paid at the time of issuance of the building permit using: (1) the fee schedule adopted pursuant to Section
19-70.100; and (2) any applicable credit for land dedication determined pursuant to Section
19-70.050 and any applicable credit for developer-provided park and recreation improvements determined pursuant to Section
19-70.160.
"Incentive eligible projects" (i.e., low/very low income, senior
and disabled housing) shall have the option to defer payment of fees
pursuant to this chapter until the close of escrow on the permanent
financing.
Open space covenants for private park or recreation facilities
shall be submitted to the City prior to approval of the final or parcel
map and shall be recorded contemporaneously with the final or parcel
map.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
Fees determined pursuant to Section
19-70.090 shall be paid to the City Director of Administrative Services and shall be deposited into the City service area trust fund, or its successor. Money in the fund, including accrued interest, shall be expended solely for acquisition and development of park land or improvements related thereto.
Fees will be calculated, collected, accounted for, and expended
for the upgrade or expansion of park and recreation facilities, reimbursements
to developers that provide such park and recreation facilities, or
for costs associated with administration of the fee. Fees are restricted
for use within the City service area in which the fees were collected,
except that up to one-half of the fees from each City service area
may be used for expenditures outside that City service area for parks
that provide Citywide benefits.
The City shall annually make available to the public a report
describing the income, expenditures and status of the City service
area trust funds.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
The provisions of this chapter do not apply to commercial or
industrial subdivision; nor do they apply to condominium projects
or stock cooperatives which consist of the subdivision of airspace
in an existing apartment building which is more than five years old
when no new dwelling units are added.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
After the decision-making body determines the land required
for dedication and the park impact fee payment by the developer, the
developer may apply to the Recreation and Parks Department for permission
to construct specified park and recreation improvements on land of
the developer required for dedication or on other land within the
same City service area to be developed as a park. If the Recreation
and Parks Department grants the developer permission for construction
of specified parks and recreation improvements on the land, the Department
shall fix the dollar value of the parks and recreation improvements
approved by the Department. The dollar value of park and recreation
improvements provided by the developer in the manner described in
this chapter shall be credited against the fees required by this chapter,
and consistent with the City's credit and reimbursement policies and
procedures.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
The Recreation and Parks Department shall develop a schedule
specifying how, when and where it will use the land or fees, or both,
to develop park or recreational facilities.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
All land offered for dedication to local park or recreational
purposes shall have access to at least one existing or proposed public
street. This requirement may be waived by the decision-making body
if the decision-making body determines that public street access is
unnecessary for maintenance of the park area or use thereof by residents.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
If during the ensuing time between dedication of land for park
purposes and commencement of first-stage development, circumstances
arise which indicate that another site would be more suitable for
local park or recreational purposes serving the subdivision and the
neighborhood (such as receipt of a gift of additional park land or
a change in school location), the land may be sold upon the approval
of the decision-making body with the resultant funds being used for
the purchase of a more suitable site.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
The City Council may accept and maintain open space lands that
promote public health, safety and welfare.
Said open space lands must provide substantial public use and
one or more of the following: (1) contiguity to existing parks or
open space areas; (2) major linkage between parks or open space areas;
(3) a major off-street trail or pathway system which connects, or
has the potential to connect, to other such trails; (4) valuable pedestrian
experience on its own; and/or (5) public access to creeks or protection
of creeks for public benefit. Other open space, such as hillsides
or ridgelines with minimal public access potential, should be protected
by other techniques. Provision of open space accepted pursuant to
this section or protected by other techniques shall not be credited
against the provision of park and recreational land or payment of
the park impact fee as determined by this chapter nor shall in any
way displace the need for provision of adequate usable park space
per this chapter.
Nothing in this section shall limit the offer of land by dedication
or donation and acceptance thereof by provisions outside this chapter.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)