Carpinteria Municipal Code Ch. 16.24 Park and Recreation Facilities Dedication and Fees

Footnotes:

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Prior history: Prior code § 10438 and Ords. 498 and 509.

The ordinance codified in this chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code. The park and recreational purposes for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the open space element of the city's general plan. Continued increases in the development of dwelling units and mobile home spaces in the city, combined with the resulting increase in population of the city, has created a need for updating the planning, acquisition, improvement and expansion of public parks, playgrounds and recreation facilities to serve the population of the city and the means of providing for the improvements.

(Ord. 558 § 1 (part), 1999)

A. Every person who subdivides land for residential purposes shall dedicate a portion of such land, pay a fee in lieu thereof or a combination of both, at the option of the city, for park and recreational purposes according to the standards and criteria contained in this chapter. In addition, the subdivider shall, without credit, provide full street and utility improvements including, but not limited to curbs, gutters, sidewalks, street paving, sewer, water and drainage improvements, or a fee in lieu thereof.

B. Subdivisions containing fifty parcels or less shall not be required to dedicate land, except that a condominium project, stock cooperative, or community apartment project that exceeds fifty dwelling units, dedication may be required notwithstanding that the number of parcels may be less than fifty.

(Ord. 558 § 1 (part), 1999)

The city council may from time to time by resolution determine the current standard of land within the city devoted to neighborhood and community parks per thousand people residing within the city.

(Ord. 558 § 1 (part), 1999)

For the purpose of this chapter, "element" shall be designated as the open space element of the city's general plan.

(Ord. 558 § 1 (part), 1999)

The city manager or a duly authorized representative shall be charged with the enforcement of this chapter.

(Ord. 558 § 1 (part), 1999)

The amount of land to be dedicated shall be the product of the following:

A. The maximum number of dwelling units permitted within the subdivision as determined from the zoning regulation applicable to the subdivision; multiplied by

B. The density factor as derived pursuant to Section 16.24.070; multiplied by

C. The current parkland standard per person as may be adopted from time to time by resolution.

(Ord. 558 § 1 (part), 1999)

A. For the purpose of this chapter, in the absence of population statistics developed specifically by the city, the most recent decennial U.S. or State Department of Finance Census figures for population and housing shall be used in determining the density factors for the proposed development. The density factor shall be adopted by a resolution of the city council when the city's statistical data or the aforementioned census figures become available.

B. Single-family residential units, multiple-family residential units, mobile home units and other residential classifications shall be defined as per latest decennial U.S. or State Department of Finance Census figures. If any specific residential classification used by the city differs from that used in the residential census classification as determined by the director of community development.

C. The density factor for a type of residential unit shall be determined by dividing the number of persons residing in such units by the number of such units.

D. As used in this chapter, "dwelling" means each single-family dwelling, each dwelling unit in a duplex, triplex, apartment complex, condominium project, mobile home park or congregate care facility, and any other place designed to be occupied by one or more persons for living, sleeping, cooking and eating, if created by subdivision.

(Ord. 558 § 1 (part), 1999)

A. When a park land fee is to be paid in lieu of land dedication, the subdivider shall pay fees as set forth in the schedule of fees established by council resolution.

B. The council shall from time to time, through resolution, determine the current fees in lieu of land dedication. Such fee shall be equal to value of the dedication that would otherwise be required by Section 16.24.060, which amount is the median fair market value per acre of land suitable for park and recreational purpose found in the city.

C. Each fee imposed by this chapter shall be adjusted automatically on July 1 of each fiscal year in accordance with Section 15.80.050.

(Ord. 633 § 2, 2008: Ord. 575 § 1, 2001; Ord. 558 § 1 (part), 1999)

(Ord. No. 640, § 2, 10-12-2009; Ord. No. 787, § 2, 12-9-2024)

In developments of over fifty parcels, the developer shall both dedicate land and pay a fee in lieu thereof, in accordance with the following criteria:

A. When only a portion of the land to be subdivided is proposed on the city's respective element of the general plan as the site for a park, such portion shall be dedicated for park purposes and a fee computed pursuant to the provisions of Section 16.24.060 of this chapter and the fee for park and recreational facility development.

B. When a major portion of the park or recreational site has already been acquired by the city and only a small portion of the land is needed from the development to complete the site, such remaining portion shall be dedicated pursuant to Section 16.24.060 and a fee computed pursuant to Section 16.24.100. Such fees shall be used for the improvement of the existing park or recreational facility or facilities serving the development.

(Ord. 558 § 1 (part), 1999)

A. A subdivider subject to the requirements in this chapter may apply to the council for a reduction, adjustment or waiver of the dedication or fees, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fee(s) charged or the type of facilities financed. In the case fees for land for parks and recreational purposes, the subdivider may seek a fee adjustment on the grounds that there is land appropriate for park and recreational purposes that is available at a cost lower than the per acre cost adopted by the city by resolution pursuant to Section 16.24.080. Such a showing shall be made by reference to recent purchase agreements, an appraisal performed by a registered appraiser approved by the city, or a similar and acceptable mechanism. The city's cost for review of such showing shall be borne by the subdivider. If the council determines that there is appropriate land available at a lower cost, the fee shall be correspondingly recalculated.

B. The application shall be made in writing and filed with the city clerk not later than ten days prior to the public hearing on the subdivision application for the project. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment.

C. The council shall consider the application at the public hearing on the subdivision application or at a separate public hearing held within sixty days after the filing of the fee adjustment application, whichever is later. The decision of the council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee if such change in use would render the same inappropriate. The hearing shall be noticed and conducted in the same fashion and manner as prescribed by the laws of the city for hearing on development permits.

D. The council may, from time to time, and as the need may arise, set forth by resolution specific limitations which will apply to reductions, adjustments or waivers of dedications and fees which may be made pursuant to this section. In this regard, this chapter shall be considered enabling and directory.

(Ord. 558 § 1 (part), 1999)

Where the proposed development lies within an area not then within the city's element of the general plan but intended to be annexed into the city by the developer, the developer shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the provisions of this chapter and the general plan shall be amended within one hundred twenty days following approval of the tentative tract map, to include said development and any previously unincluded park for which development there was a dedication of land and/or a payment of fees.

(Ord. 558 § 1 (part), 1999)

A. 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. Compatibility of dedication with the city's general plan.

2. Topography, geology, access and location of land in the development available for dedication.

3. Suitability for patrol, supervision and maintenance.

4. Size and shape of the development and land available for dedication.

5. The feasibility of dedication.

6. Availability of previously acquired park property.

B. The planning commission shall make the determination as to whether a combination of both land dedication and fee shall be required, provided however that, where the planning commission's action on the subdivision is advisory to the city council, a determination by the planning commission that land shall be dedicated and/or a fee paid shall be in the form of a recommendation to the council, whose determination shall be final and conclusive. Prior to review by the planning commission, a recommendation relative to land dedication and/or fees shall be provided by the community development department.

(Ord. 558 § 1 (part), 1999)

A. A twenty-five percent credit on park development fees shall be given for a minimum of three acres of usable and contiguous park and recreation land developed in conjunction with a planned residential development, in the PRD, PUD, MHS/PUD or MHP planned development districts. In order to qualify for the credit, the park and recreational land shall provide a minimum of five of the following seven elements:

1. Children's play apparatus area;

2. Landscape park-like with quiet acres;

3. Family picnic area;

4. Game court area;

5. Turf play field;

6. Swimming pool;

7. Recreation center building.

B. The determination as to whether the development qualifies for the credit will be made by the city manager at the time the fee is determined in accordance with Section 16.24.170.

(Ord. 558 § 1 (part), 1999)

Prior to the action on the tentative tract map or parcel map, the planning commission shall determine pursuant hereto the amount of land to be dedicated and/or fees to be paid by the developer. Dedications shall be made and/or fees shall be paid at the time of recordation of the tract map or parcel map.

(Ord. 558 § 1 (part), 1999)

The value of park and recreation land and improvements provided by the subdivider shall be credited against any fees required by this chapter.

(Ord. 558 § 1 (part), 1999)

The use of fees and land received pursuant to this section shall be used as provided in Section 66477 of the California Government Code. Consideration shall be given to spending the funds in the neighborhoods where they are generated whenever possible.

(Ord. 558 § 1 (part), 1999)

The provisions of this chapter shall not apply to any industrial or commercial development.

(Ord. 558 § 1 (part), 1999)

The subdivider of any tentative map which was approved prior to the effective date of the ordinance codified in this chapter may apply to be reassessed pursuant to the provisions of this chapter, provided the fees have not yet been paid and, in such event, all other provisions of this chapter shall apply. Upon such application, the community development department shall determine the amount of fees required, and the matter need not be set for hearing before the council or the planning commission unless a dedication of land or a credit for common open space is requested by the subdivider or recommended by the community development department.

(Ord. 558 § 1 (part), 1999)