It is the intent of this chapter to require the payment of fees
in conjunction with any residential development for the purpose of
acquisition and/or development of land to be used for public recreation
use. The City Council has determined that:
A.
The
public interest, convenience, health, welfare, and safety require
that four acres of land for each 1,000 persons residing within the
City be devoted to park and recreational purposes.
B.
1.5
acres of the preceding 4 acres/1,000 standard may be satisfied by
cooperative arrangements between the City and the local school districts.
C.
The
park fees established in this chapter are commensurate with the costs
for both acquisition and development of the required parkland in accordance
with the preceding standards.
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The provisions of this chapter shall apply to the construction
of any residential unit except for those dwelling units that are located
in a subdivision which previously dedicated land or paid park fees
under City requirements.
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All fees collected pursuant to this chapter shall be deposited
in a special fund, to be known as the "Park Dedication Fund." Said
fund shall be administered by the City and shall be used for the acquisition
of land, the provision of improvements, or the purchase of capital
equipment for the recreational use of the public.
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Park fees shall be set by separate ordinance, as amended from
time to time.
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The City shall utilize the park fees collected under this chapter
for the acquisition and development of either neighborhood or community
park facilities which are planned to serve the development(s) from
which the fees were collected. Priority for expenditure of the funds
shall be given to the applicable neighborhood park unless the minimal
development of said neighborhood park, e.g. off-site improvements,
turf and irrigation system, are already substantially completed.
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A.
City
Council Authority
Land may be dedicated to the City to satisfy the parks and recreation
requirements of this chapter in lieu of the park fees required under
this chapter if the City Council determines that such dedication is
consistent with the General Plan and with other City goals and policies.
The City Council decision regarding such land dedication shall be
final and conclusive.
B.
Criteria
for Council Determination
In considering whether land may dedicated in lieu of fee payment,
the City Council shall consider the following:
C.
Valuation
of Land to Be Dedicated
The percentage of credit toward satisfaction of the park fee
requirement by land dedication shall be determined by the "fair market
value" of the land to be dedicated. "Fair market value" may be determined
by either of the following methods:
D.
Timing
of Land Dedication
The developer shall transfer title to the land to be dedicated
to the City at the time of final map approval. However, the City shall
not record the transfer of title until after the building permit is
issued.
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A.
Amount
of Credit
Where private open space for recreation purposes is provided by a residential development, such areas in excess of the minimum required pursuant to Title 16 may be credited toward the fees required. The amount of such credit shall be determined by the City Council. For the purposes of this chapter, "open space" shall include turfed and landscaped areas, recreation buildings, and other recreation facilities such as swimming pools and recreational courts.
B.
Standards
for Granting Credit
In approving credit for private open space against required
park fees, the City Council shall find that all of the following standards
are met:
1.
That yards, court areas, setbacks, and other open areas required
to be maintained by the zoning and building regulations shall not
be included in the computation of private open space.
2.
That the private ownership and maintenance of the open space is adequately
provided for by written agreement.
3.
That the use of the private open space is restricted to park and
recreation purposes only by recorded covenants which run with the
land and which cannot be defeated or eliminated without the consent
of the City Council.
4.
That 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
of the open space.
C.
Amount
of Credit to Be Granted
In considering the amount of credit to be granted against park
fees for private open space, the City Council shall make an assessment
of the relationship between the proposed private open space and the
total community recreation needs as set forth in the General Plan.
In cases where credit is granted for 50 percent or more of the required
park fees, the Council shall find that the private open space provides
exceptional park or recreational facilities which will substantially
offset the need for the public neighborhood facilities for which the
credited fees would otherwise be used.
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A.
On-Campus
Undergraduate Housing
Park fee or land dedication requirements shall not be required
for any on-campus undergraduate housing projects.
B.
On-Campus
Graduate Student Housing
All or part of the park fee or land dedication requirements for graduate student housing projects may be waived by the City Council where the college provides open space for recreational purposes in excess of what is required in Chapter 16.013 for multiple-family development projects. In determining the amount of park fee or land dedication requirements to be waived, the Council shall make an assessment of how the college's open space for recreational purposes will meet the recreational needs of the residents of the housing project, paying particular attention to the needs of children and families.
All open space for which credit is given shall be restricted
to recreation purposes, and improved and maintained as such as a condition
of approval for the project. The open space shall be shown as restricted
to recreational purposes. Such open space for recreational purposes
shall not be eliminated without the approval of the City Council and
payment of park fees in effect at the time approval is given to eliminate
the open space.
C.
Senior
Citizen Housing
Park fee or land dedication requirements shall not be required
for any senior citizen housing projects having at least 25 percent
of the dwelling units set aside and affordable for low-income households.
D.
Affordable
Senior Citizen Housing
Park fee or land dedication requirements may be waived by the
City Council for any senior citizen housing project having at least
25 percent of the dwelling units set aside and affordable for moderate-income
households if the Council finds that such a waiver will further the
implementation of the General Plan.
E.
Affordable
Housing Projects
Park fee or land dedication requirements may be waived by the
City Council for housing projects with at least 25 percent of the
dwelling units set aside and affordable for low-and/or moderate-income
house-holds if the Council finds that such a waiver will further the
implementation of the General Plan.
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