Cupertino Municipal Code Ch. 13.08 Park Land Dedication Fee

The purpose of this Chapter is to regulate, in the public interest, convenience, health, welfare and safety, the provision of park and recreational facilities upon development for which dedication of land and/or payment of a fee is required in accordance with the recreation, parks and community service element of the adopted General Plan of the City of Cupertino, and any amendments.

(Ord. 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part), 2014)

"Dwelling unit" or "unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupancy on a non-transient basis and having not more than one kitchen.

"Park land dedication" means land located at ground level, dedicated to the city, in fee simple ownership, to the center of the earth.

"Senior citizen housing development" means a development as defined in Civil Code Section 51.3 or as defined in Civil Code Section 798.76 or 799.5.

(Ord. 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part), 2014)

Developments of new dwelling units must address the increased demands for parks through a park land dedication, a payment of a fee in lieu thereof, or a combination of both, at the time and according to the standards and formula provided in this Chapter 13.08. The City has the discretion to determine which of the three options above shall be required.

(Ord. 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part), 2014)

A. The requirements in this chapter shall not apply to the following developments:

1. Subdivisions exempt from park land dedication requirements pursuant to Government Code Section 66477.

B. A credit to the park land dedication or in-lieu fee requirements may be granted by the approval authority as follows:

1. Senior citizen housing development shall be granted a credit pursuant to Section 13.08.050.

2. Developments that include private recreation or open space shall be granted a credit pursuant to Section 13.08.080.

3. Developments including existing dwelling units may be granted credit pursuant to Section 13.08.090.

(Ord. 19-2194, § 3 (part), 2019)

A. Where dedication of a park or recreational facility is required pursuant to this Chapter, land shall be dedicated per the formula below. Park land dedication (in acres) = (Average number of persons/DU) x (Park Acreage Standard) x (Number of Dwelling Units)

B. The Park Acreage Standard is three acres of property for each one thousand persons.

C. Park land dedication based on development density: Table 13.08.050 indicates the average park land dedication required per dwelling unit based on development density per the formula above (Section 13.08.050.A).

D. Average number of persons/DU shall be determined pursuant to Table 13.08.050.

E. The number of dwelling units is calculated consistent with Section 13.08.090.

F. Standards for dedicated land: To satisfy this dedication requirement, the park land must be:

1. Located at ground level and dedicated to the City in fee simple ownership, to the center of the earth;

2. At least one contiguous piece of land of at least 0.27 acres in size, excluding hillsides over a ten (10) percent slope, riparian set back areas and environmental mitigation areas;

3. At least 0.25 acres of the dedicated land must be gradable to create a flat area of less than five (5) percent slope in any direction;

4. All dedicated land must be at least 50 feet wide in any horizontal dimension and 0.10 acres in contiguous size. The City Council may waive this requirement when doing so facilitates the provision of pocket parks or other desirable park amenities.

5. Located adjacent to a street in order to promote public safety and facilitate policing; and

6. Setback areas, private yards, and other open areas required by zoning and/or building ordinances or for streets and improvements that do not serve the park exclusively, shall not be included in the computation of dedicated park or recreational acreage.

Table 13.08.050: Park Land Dedication Formula Table

(Ord. 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part) 2014)

A. General Standard.

1. A fee in lieu of park land dedication shall be required, pursuant to the requirements of this Chapter.

2. Subdivisions containing fifty units or less shall pay a fee in lieu of park land dedication except as provided in Govt. Code Section 66477(a).

B. Amount. The amount of the fee shall be equal to the fair market value of the land prescribed for dedication pursuant to Section 13.08.050. The fee shall be calculated as follows: In lieu fee = Park land Dedication (in acres)1 x (Fair Market Value of land per acre) 1 Calculated pursuant to Section 13.08.050.

C. Fair Market Value of land per acre. The Director of Public Works shall establish the fair market value of land within the City and update the value on an annual basis in the City's Fee Schedule. The fair market value shall be determined by reference to comparable land within the City. As used herein, the term "comparable" means land of similar size and development potential as the land which would otherwise be dedicated.

D. Use of Money. The money collected shall be paid to the Treasurer of the City or his or her authorized agent. Such money shall be placed in a special revenue fund which shall be known as the "park dedication in-lieu fee fund" and shall be used for all purposes allowed by State Law.

(Ord. 19-2192, § 3 (part), 2019: Ord. 14-2125, § 1 (part), 2014)

A. The City shall determine whether it accepts park land dedication, elects to require payment of a fee in lieu, or a combination of both a park land dedication and a fee in lieu, upon consideration of the public interest, convenience, health, welfare, and safety, including, but not limited to, the following:

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

2. Size and shape of the development and land available for dedication;

3. Feasibility of dedication;

4. Adequacy of existing park land in the surrounding area pursuant to the Recreation, Parks And Community Services Element policies of the General Plan;

5. The number of parcels or units in the development.

B. The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

(Ord. 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part), 2014)

A. Where private open space for park and recreational purposes, accessible to all residents in a development, is provided in a proposed development, fifty percent credit shall be given against the requirement of land dedication or payment of fees in lieu thereof, if the approval authority finds that it is in the public interest to do so and that all the standards in Section 13.08.080B, below are met and findings in Section 13.08.080C can be made.

B. That the open space for which credit is given complies with the following standards:

1. Setback areas, private yards, and other open areas required by zoning and/or building ordinances or for streets and improvements that do not serve the park exclusively, shall not be included in the computation of such private open space.

2. The total usable open space acreage for the development must be equivalent to the park land dedication calculated pursuant to Section 13.08.050.

3. ll land shall be developed for park and recreational purposes.

4. The open space must contain the mandatory elements and at least four of the six optional elements indicated in Table 13.08.080 below and meet the following criteria:

a. The combined minimum acreage for a facility with a recreation center and children's play apparatus area is 1.3 acres.

b. The minimum combined acreage for a facility not including a recreation center or children's play area is 1.5 acres.

Table 13.08.080 - Mandatory and Optional Elements for private open space

C. The approval authority may grant park credit for a combination of the above elements or a combination of the above elements and other recreation improvements that will meet the specific recreation needs of a specialized housing development, such as a senior housing development, with occupancy controlled via a covenant with the City named as a third party beneficiary.

D. Findings. The approval authority shall adopt the following written findings and shall require the recordation of covenants running with the land to ensure that credited elements are maintained, before credit is given:

1. That yards, court areas, setbacks, decorative landscape areas normally associated with residential site design and other areas required to remain free and clear by zoning and building ordinances and regulations shall not be included in the computation of such private open space;

2. That such space is to be wholly or partially owned and maintained by the future residents of the development and that the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions;

3. That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be eliminated without the consent of the City or its successor;

4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;

5. That the facilities proposed for private recreation or open space are in substantial conformance with General Plan policies.

(Ord. 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part), 2014)

When dwelling units exist on the property where development is proposed, a credit shall be given against the requirement of land dedication or payment of fees in lieu thereof for the number of units existing. As used herein, the term "existing" refers to units which exist at the time of approval of the dwelling units or which were demolished within one year prior to the submittal of an application for development of the dwelling units, for which previously park land dedication or fees in lieu thereof have been collected. For credits applicable to existing units included in proposed subdivisions, see section 18.24.110.

(Ord. 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part), 2014)

A. At the time of approval of the dwelling units, the approval authority shall determine whether a park land dedication, a fee in lieu thereof, or a combination of both, is required unless a park land dedication or fee has already been provided.

B. At the time of building permit issuance or recordation of a final subdivision map, whichever is earliest, park land shall be dedicated to the City or the fee in lieu thereof shall be paid.

C. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the building permits, approved as to form by the City Attorney, and shall be recorded prior to final occupancy.

D. The City will provide a credit to the Developer for the value of any improvements installed by the Developer. This credit shall include a reduction in the amount of land dedicated or fees in-lieu thereof. Improvements and installations performed by the developer for which credits are given must be designed and constructed prior to occupancy of the development.

(Ord. 19-2192, § 3 (part), 2019; Ord. 14-2125, § 1 (part), 2014)