Loading...
HomeMy WebLinkAbout69-85BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: Adding a New Chapter 62 to Title 8 ) of the Municipal Code Establishing ) Regulations for Dedication of Land,) Payment of Fees, or Both, for Park ) and Recreation Land in Subdivisions) Ordinance No. 69-85 The City Council of the City of Danville does ordain as follows: Section 1. A new chapter 62 is added to Title 8 (Planning and Land Uses) of the Municipal Code to read as follows: CHAPTER 62 PARK DEDICATION Article 1 Article 2 Article 3 Article 4 Article 5 General Requirements and Standards Credit; Exemptions Disposition of Fees and Land Procedures Article 1 GENERAL Section 8-6201 Section 8-6202 Section 8-6203 Purpose General Requirement General Standard Section 8-6201. Purpose. This ordinance is enacted under Section 66477 of the Government Code of the State of California and the City's police power. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the Recrea~'ion Element of the General Plan. Section 8-6202. General Requirements. (a) Subdivision and parcel maps. At the time of approval of a tentative map or parcel map, the City shall determine the land required for dedication Page 1 or the amount of in lieu fee payment. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this chapter. (b) Building permit. As a condition of approval of a permit to build a residential structure, including a multiple family structure, mobile home, or second unit, an owner shall pay a fee for public park or recreational purposes in accordance with the same standards as if a final map or parcel map were required. Section 8-6203. General Standard. It is found and determined that the public interest, convenience, health, welfare, and safety require that five acres of property for each 1,000 persons residing within this City be devoted to park and recreational purposes. The park and recreational facilities for which dedication of land or payment of a fee or both are required, shall be in accordance with the Recreation, Park and Open Space Elements of the General Plan. Article 2 REQUIREMENTS AND STANDARDS Section 8-6210. Section 8-6211. Section 8-6212. Section 8-6213. Formula for Dedication of Land Standard and Formula for Dedication of Land. Standard and Formula For Fees in Lieu of Land Dedication Determination of Land or Fee Section 8-6210. Formula For Dedication of Land The amount of land to be dedicated, or the fees to be paid, shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the development. The amount of land dedicated or fees paid is based upon the number of units to be constructed, determined by the tentative map or building permits in projects without maps, and the household size. The dedication of land, or the payment of fees, or both, Page 2 shall be the proportionate amount necessary to provide 5 acres of park area per 1,000 persons. No fee or land dedication is required on a parcel for which dedication requirements have previously been met. Section 8-6211. Standard and Formula for dedication of land. The amount of land to be dedicated shall be determined according to the following standards and formula: (1) The average number of persons occupying the type(s) of units to be constructed is multiplied by the park acreage standard, 5 acres per 1,000 (.005); the product shall equal the minimum park acreage dedication for each unit of that type to be constructed. Average number of persons/unit x .005 = minimum acreage dedication/unit. (2) The following table of population density applies: Park Land Dedication Formula Table Average Multiplied Acreage Type of Persons By Park Required per Dwelling Per Unit Standard Dwelling Unit Single Family, Detached 3.33 x .005 Single Family, Attached 2.09 x .005 Duplex 1.75 x .005 Cluster, 3 or 4 2.38 x .005 Cluster, 5 or more 2.18 x .005 Mobile Home 2.00 x .005 Second Unit 1.50 x .005 .0167 .0105 .0088 .0119 .0109 .0100 .0075 (3) Land dedicated for a park shall be suitable in location and topography for development as a park with active recreational facilities. (4) Land offered for dedication for local park or recreational purposes shall have access to at least one existing or proposed public street to be constructed in the subject project. The provision of street access and related improvements shall be made without consideration of credit. The City may waive this requirement if it is unnecessary for the maintenance of the park area or access by residents. Page 3 (5) The land to be dedicated and the improvements to be made under this section are subject to approval by the City. (6) Dedication of the land shall be made in accordance with the procedures in Article 5. Section 8-6212. Standards and Formula for Fees In Lieu of of Land Dedication. (a) General Formula. When a fee is to be paid in lieu of land dedication, the fee shall be equal to the value of the land prescribed for dedication in Section 8-6211 and in an amount determined in accordance with subsection (b) below. (b) Amount of Fee. When a fee is to be paid in lieu of park land dedication, the amount of the fee shall be determined at the time of final map approval or building permit issuance, whichever is the time of fee collection, and shall be based upon the fair market value of the amount of land which would otherwise be required for dedication under Section 8-6211. (c) Determination of Fair Market Value. Fair market value of a buildable acre for the purpose of fee assessment for each land use type as defined in Section 8-6211 is based upon the values in the chart below. The City shall review and adjust these values annually based on recent sales within and nearby the City and on other reliable sources the City may choose. The City may consider the results of an appraisal report on the value of vacant property or of the County Assessor's report of changes in assessed value within the City. In this chapter, a buildable acre means a typical acre of the subdivision, located in other than an area on which building is excluded because of flooding, topography, easements, or other restrictions. The following fair market values are established as a guide for assessing an in lieu park dedication fee: Country Estates Single Family, Low Density Single Family, Medium Density Single Family, High Density Multiple Family, Very Low Density Multiple Family, Low Density Multiple Family, Medium Density $ 50,000 $ 80,000 $120,000 $120,000 $120,000 $150,000 $210,000 Page 4 (d) Fair Market Value. The fair market value to be used to determine the in lieu fee shall be the average of the value for Single Family, Low Density and Single Family, Medium Density. (e) Establishment of Fees. The amount of the in lieu fee for various housing types shall be determined by multiplying the acreage required for dedication from Section 8-6211 by the fair market value in (d) above.. Dedication Fees Single Family, Detached Single Family, Attached Duplex Cluster, 3 to 4 Units Cluster, 5 or More Units Mobile Home Second Unit $1,670 $1,050 $ 880 $1,190 $1,090 $1,000 $ 750 (f) For the purposes of this section, "Single Family, Detached" shall mean an unattached residential dwelling unit constructed on a single parcel. "Single Family, Attached" shall mean attached residential dwelling units constructed on separate parcels. "Duplex" shall mean two attached residential dwelling units constructed on a single parcel. "Cluster, 3 or 4" shall mean residential dwelling units attached in groups of three or four constructed on a single parcel. "Cluster, 5 or More" shall mean residential dwelling units attached in groups of five or more constructed on a single parcel. "Mobile Home" shall mean a structure, transportable in one or more sections, to be used as a residential dwelling unit with or without a foundation. "Second Unit" shall mean any structure defined in Title 8, Chapter 20, Section 8-2001 of the Danville Municipal Code. (g) Fees In Lieu of Land; 50 Parcels Or Less. Only the payment of fees, not the dedication of land, may be required in a development containing 50 parcels or less. However, nothing in this section prohibits the dedication and acceptance of land for park and recreation purposes in projects of 50 parcels or less, where the developer proposes such dedication voluntarily and the land is acceptable to the City. Section 8-6213. Determination of Land or Fee. Whether the City 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) The natural features, access, and location of land in the subdivision available for dedication; Page 5 (2) the size and shape of the subdivision and land available for dedication; (3) the feasibility of dedication; (4) the compatibility of dedication with the Danville Park and Recreation Element of the General Plan, and (5) the location of existing and proposed park sites and trails. The City determination as to whether land shall be dedicated, a fee be charged, or a combination of both, is final. Section 8-6220 Section 8-6221 Section 8-6222 Section 8-6223 Article 3 CREDIT; EXEMPTIONS Credit for Developer-Provided Park and Recreation Improvements Credit For Private Open Space Standards For Credit Credit For Public Open Space Section 8-6220. Credit for Developer-Provided Park and Recreation Improvements. The value of park and recreation improvements provided by a subdivider to the dedicated land shall be credited against the fees or dedication of land required by this chapter. The City reserves the right to approve such improvements before agreeing to accept the dedication of land and to require in lieu fee payments should the land and improvements be unacceptable. Section 8-6221. Credit For Private Open Space. Where private open space or recreational facilities within the development, usable for active recreational uses, is provided and such area is to be privately owned and maintained by the future owner (s) of the development, the City may give partial credit, not to exceed 50%, against the requirement of land dedication or payment of fees. An application for partial credit should be made to the City at the time the tentative map is submitted for official review so that dedication requirements can be determined as soon as possible. Page 6 Section 8-6222. Standards For Credit. The standards for partial credit are that: (1) yards, court areas, setbacks, and areas required by the zoning and building ordinances and regulations or in conjunction with Planned Unit Developments shall not be included in the computation private open space; (2) the private ownership and maintenance of the area is adequately provided for by recorded written agreement, covenants or restrictions; (3) 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 eliminated without the consent of the City; (4) 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; (5) facilities proposed for the open space are in substantial accordance with the provisions of the recreation element of the General Plan; and (6) the open space for which credit is given is a minimum of one acre and provides four park elements from among those listed below: (a) Recreational open spaces, which are generally defined as parks areas for active recreation pursuits such as soccer, golf, baseball, softball, and football, have at least one acre of maintained turf with less than 5% slope. (b) Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games. (c) Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, lawn area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than 15 square feet of water surface area for each 3% of the population of the subdivision with a minimum of 800 square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool. Page 7 (d) Recreation buildings and facilities are designed and used for the recreation needs of residents of the development. (7) Provision is made to grant up to one hundred percent (100%) credit if certain high demand facilities are constructed. The facilities so constructed must meet minimum size, configuration, and other standards as determined by the City Manager or his designee. The facilities must be available for public use under a lease or similar agreement with a term of not less than twenty-five years (25) and be owned and maintained as described in Section 8-6222, (2) above. The agreement shall provide for scheduled public use of not less than seventy-five percent (75%) of peak use times as determined by the City. (8) The credit granted shall bear a reasonable relationship to the park and recreation needs of the subdivision residents met by the private facilities. The credit granted shall be related to the recreation facilities developed and the resulting reduction of the burden on public facilities to serve subdivision residents. The determination of the City as to whether credit shall be given and the amount of credit is final. Section 8-6223. Exemptions. (a) A permit to repair or rebuild a dwelling unit damaged by act of God, fire, or other natural disaster, is exempt from this chapter if the permit to rebuild is applied for within one year of the damage or destruction. (b) This chapter does not apply to a commercial or industrial subdivision, or a condominium project or stock cooperative which consists of the subdivision of airspace in an existing apartment building if that building is more than five years old and no new dwelling unit is added. Article 4 DISPOSITION OF FEES AND LAND Section 8-6230. Section 8-6231. Section 8-6232. Disposition of Fees Schedule for Use of Land or Fees Sale of Dedicated Land Section 8-6230. Disposition of Fees. (a) The City may use the money collected under this chapter only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision from which the fees are collected. Page 8 (b) Fees shall be paid to the City and shall be deposited into the Park Fund. Interest earned by park dedication fees shall be deposited to the Park Fund. (c) Collected fees shall be appropriated by the City for a specific project to serve residents of the development project in a budgetary year within five years after receipt of payment or within five years after the issuance of building permits on one-half of the lots created by the development project, whichever occurs later. If the fees are not so committed, these fees shall be distributed and paid to the then record owners of the deveolpment project in the same proportion in which fees were assessed to each dwelling unit. (d) A report to the City Council shall be made at least annually on income, expenditures, and status of the special fund. Section 8-6231. Schedule for Use of Land or Fees. The City shall develop a schedule specifying when and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the subdivision. Such a schedule shall be developed in conjunction with the City's Capital Improvement Program and revised as necessary. Section 8-6232. Sale of Dedicated Land. If during the time between the dedication of the land for park purposes and the commencement of first phase development, circumstances arise which indicate that another site would be more suitable for serving the park and recreation needs of the development's residents, the land may be sold and the resulting proceeds used to acquire or construct a more suitable site. Article 5 PROCEDURES Section 8-6240. Procedure Section 8-6240. Procedure. (a) Land. At the time of approval of the tentative map or parcel map or issuance of a building permit in projects without maps, the City shall determine under Section 8-6211 the land required for dedication. An offer of dedication shall be recorded at the same time as the final or parcel map. Page 9 (b) Fees. If the City requires in lieu fee payment, the City will set the amount of land upon which the in lieu fee will be based at the time of tentative map approval or building permit issuance in projects without maps. The fee shall be established using land values at the time of final map approval or building permit issuance in projects without maps and using the formula in Section 8-6212. When a fee is required, it shall be paid at the time of the recording of the final map or building permit, whichever occurs first. (c) Other Covenants. Open space covenants for private park or recreation facilities shall be submitted to the City before approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the map. Section 2. Division 920, Park Dedications, of the Contra Costa County Ordinance Code (previously adopted by the City by reference) is repealed. Section 3. Publication. The City Clerk shall either a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again 15 days after adoption. Section 4. Effective Date. This ordinance becomes effective 30 days after its adoption. The foregoing ordinance was introduced at a meeting of the City Council of the City of Danville held on September 3 ,1985, and was adopted and ordered published at a meeting of the Council held on September 24 , 1985, by the following vote: AYES: NOES: ABSENT: ATTEST: Lane, May, McNeely, Offenhartz, Schlendorf None "- None Page 10