Larkspur Municipal Code Ch. 17.13 Park and Recreation Land and Fees

Article 1. Authority, Purpose, Definitions

Article 2. Park Land Dedication, Fees In Lieu of Dedication

17.13.020 Requirements. 17.13.030 Park Acreage Standard. 17.13.040 Formula for Dedication of Land. 17.13.050 Formula for Fees in Lieu of Land Dedication. 17.13.060 Criteria for Requiring Both Dedication and Fee. 17.13.070 Amount of Fee in Lieu of Land Dedication. 17.13.080 Determination of Fair Market Value.

Article 3. Park Improvement Fees

17.13.090 Requirement, Formula for Park Improvement Fees. 17.13.100 Determination of Park Improvement Cost per Acre.

Article 4. Park Development Fees

Article 5. General and Special Provisions

17.13.120 Determination of Land or Fee. 17.13.130 Credit for Private Open Space. 17.13.140 Procedure. 17.13.150 Disposition of Fees. 17.13.160 Exemptions. 17.13.170 Developer-Provided Park and Recreation Improvements. 17.13.180 Schedule for Use for Land and Fees. 17.13.190 Access. 17.13.200 Sale of Dedicated Land.

Article 1. Authority, Purpose, Definitions

The ordinance codified in this chapter is adopted pursuant to the Government Code Section 66477 and the general police power of the City for the purpose of executing and implementing the General Plan of the City of Larkspur. It is the purpose of this chapter to provide for (1) the acquisition of park land for neighborhood and community parks through dedication of land or payment of fees in lieu thereof, and (2) the development of park and recreation facilities by imposition of fees in connection with the development of new dwelling units.

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter.

“Developer” includes every person, firm or corporation constructing a new dwelling unit, directly or through the services of any employee, agent, independent contractor, or otherwise.

“New dwelling unit” includes each structure of permanent character, placed in permanent location, which is planned, designed or used for residential occupancy, including, but not limited to, one-family, two-family and multifamily dwellings, apartment houses and complexes, mobile home spaces, and single occupancy units, but not including hotels, motels and boardinghouses for transient guests.

“Subdivision” includes any type of construction, land division or improvement of land which provides for dwelling units identified under the provisions of Government Code Section 66424. “Subdivision” shall also include any increase in the number of mobile home spaces. (Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

Article 2. Park Land Dedication, Fees In Lieu of Dedication

As a condition of approval of a tentative map or parcel map, rezoning, issuance of a building permit, or other discretionary action granting approval for the development of one or more dwelling units, the subdivider shall dedicate land, pay a fee in lieu thereof or both, at the option of the City, except as set forth in Government Code Section 66477(g), for neighborhood or community parks or recreational purposes at the time and according to the standards and formulas contained in this chapter. (Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that five (5) acres of property for each one thousand (1,000) persons residing within this City be devoted to local park and recreational purposes. Such requirements will be satisfied by park land and park dedications pursuant to this article. The acreage of park type per one thousand (1,000) residents shall be determined by the City Council annually by resolution. The adopted park land and park development dedication standard shall reflect the ratio of park land to residents as set forth in Government Code Section 66477. (Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

Where a park or recreation facility has be designated in the General Plan of the City, and is to be located in whole or in part within the proposed subdivision for the purpose of serving the immediate and future needs of the residents of the subdivision, the developer shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula:

Average No. of persons/Unit × park acreage dedication standard/1,000 population = minimum acreage dedication

Example for single-family dwelling unit (DU):

2.45 × 5/1,000 = .01225 acres/DU

The following table of population density has been established pursuant to Government Code Section 66477 (b):

Population per Dwelling Type

Types of Dwelling Average Population Density/DU

Single-family detached 2.45

Single-family attached 1.77

Duplex 1.63

Multifamily 1.48

Mobile homes 1.57

Dedication of land shall be made in accordance with the procedures contained in Larkspur Municipal Code Section 17.13.140.

For the purposes of this section, the number of new dwelling units shall be based on the number of parcels indicated on the tentative map or parcel map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone, including any applicable density increases. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term “new dwelling unit” does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.

The developer shall, without credit: (1) provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees and sidewalks to land which is dedicated pursuant to this section; (2) provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; (3) provide improved drainage to the site; and (4) provide other minimal improvements which the decision-making body determines to be essential to the acceptance of the land for recreational purposes.

The land so dedicated and the improvements to be made pursuant to this section shall be reviewed at the tentative map stage in accordance with the criteria set forth in Larkspur Municipal Code Section 17.13.060 and approved by the City Manager or their designee. (Ord. 1094 § 18, 2026; Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

A. General Formula. If there is no park or recreation facility designated in the General Plan to be located in whole or in part within the proposed subdivision for the purpose of serving the immediate and future needs of the residents of the subdivision, the developer shall, in lieu of dedicating land, pay a fee equal to the value of that land plus a percentage toward costs of off-site improvements, prescribed for dedication in Larkspur Municipal Code Section 17.13.040 and in an amount determined in accordance with the provisions of Larkspur Municipal Code Section 17.13.070.

B. For the purposes of this chapter, off-site improvements are defined as those improvements which would have been required if land had been dedicated using the provisions of Larkspur Municipal Code Section 17.13.040. (Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

In subdivisions of more than fifty (50) parcels, the developer shall both dedicate land and pay a fee in accordance with the following formula:

A. When only a portion of the land to be subdivided is proposed in the General Plan as the site for park purposes, such portion shall be dedicated for park purposes and a fee computed pursuant to the provisions of Larkspur Municipal Code Section 17.13.070 shall be paid for the value of any additional land, plus two hundred (200) percent toward costs of off-site improvements, that would have been required to be dedicated pursuant to Larkspur Municipal Code Section 17.13.040. (Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication pursuant to Larkspur Municipal Code Section 17.13.040 plus a percentage accounting for the cost of improvements such as roads and extension of utility lines. The fee shall be determined by the following formula:

DUs × Pop/DU × Park acreage dedication standard/1,000 people × FMV = Subtotal × x% = in lieu fee

where

DUs = Number of dwelling units as defined in Section 17.13.040.

Pop/DU = Population per dwelling unit.

Park acreage dedication standard = the adopted amount of park land and park development per one thousand (1,000) residents that is required pursuant to this article, as determined by City Council resolution as set forth in Larkspur Municipal Code Section 17.13.030.

FMV = Fair market value per buildable acre as determined by Larkspur Municipal Code Section 17.13.080.

Buildable acre = a typical acre of the subdivision, with a slope less than ten (10) percent, and located in other than an area on which building is excluded because of flooding, easements, or other restrictions.

x% = the ratio of the cost of land acquisition and frontage improvements to the FMV.

Fees to be collected pursuant to this section shall be reviewed by the City Manager or their designee to ascertain if they comply with the formula set forth above. If compliance is found, then the fees shall be approved by the City Manager or their designee. (Ord. 1094 § 18, 2026; Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

The fair market value per buildable acre shall be determined annually by resolution adopted by the City Council. (Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

Article 3. Park Improvement Fees

A. General Formula. A fee shall be paid for park land improvement by the developer of each new dwelling unit on property which is subject to the land dedication requirement or the payment of fees in lieu of land dedication as set forth in Larkspur Municipal Code Sections 17.13.040 and 17.13.050. This fee shall be used to pay for those improvements including, but not limited to, landscaping and installation of recreational facilities which are not required by Larkspur Municipal Code Sections 17.13.040 and 17.13.050. The fee shall be determined by the following formula:

DUs × Pop/DU × Park acreage dedication standard/1,000 people × IC/acre = Fee

where

DUs = Number of dwelling units as defined in Larkspur Municipal Code Section 17.13.040.

Pop/DU = Population per dwelling unit.

Park acreage dedication standard = the adopted amount of park land and park development per one thousand (1,000) residents that is required pursuant to this article, as determined by City Council resolution as set forth in Larkspur Municipal Code Section 17.13.030.

IC = Improvement cost per acre of park and recreational facilities. Improvement costs per acre shall be determined as set forth in Larkspur Municipal Code Section 17.13.100.

B. Fees to be collected pursuant to this section shall be reviewed by the City Manager or their designee to ascertain if they comply with the formula set forth above. If compliance is found, then the fees shall be approved by the City Manager or their designee. (Ord. 1094 § 18, 2026; Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

The improvement cost per acre of park land shall be determined annually by resolution adopted by the City Council. (Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

Article 4. Park Development Fees

A. General Formula. A fee shall be paid for park development by the developer of each new dwelling unit which is not subject to the following:

1. The land dedication requirement or the payment of fees in lieu of land dedication as set forth in Larkspur Municipal Code Sections 17.13.040 and 17.13.050 or as previously set forth in the Larkspur Municipal Code under the provisions of Government Code Section 664177, the Quimby Act;

2. The payment of park improvement fees as set forth in Larkspur Municipal Code Sections 17.13.090 and 17.13.100. This fee shall be used to pay for park land acquisition and improvements including but not limited to frontage and off-site improvements as described in Larkspur Municipal Code Sections 17.13.030 and 17.13.040 and landscaping and installation of recreational facilities as described in Larkspur Municipal Code Section 17.13.090. The fee shall be determined by the following formula.

DUs × Pop/DU × Park acreage dedication standard/1,000 people × (FMV × x% + IC)/acre = Fee

where

DUs = Number of dwelling units as defined in Larkspur Municipal Code Section 17.13.040.

Pop/DU = Population per dwelling unit.

Park acreage dedication standard = the adopted amount of park land and park development per one thousand (1,000) residents that is required pursuant to this article, as determined by City Council resolution as set forth in Larkspur Municipal Code Section 17.13.030.

FMV = Fair market value per buildable acre as determined by Larkspur Municipal Code Section 17.13.080.

Buildable acre = a typical acre of the subdivision with a slope less than ten (10) percent and located in other than an area on which building is excluded because of flooding easements or other restrictions.

x% = the ratio of the cost of land acquisition and frontage improvements to the FMV.

IC = improvement cost per acre of park and recreational facilities. Improvement costs per acre shall be determined as set forth in Larkspur Municipal Code Section 17.13.100.

B. Fees to be collected pursuant to this section shall be reviewed by the City Manager or their designee to ascertain if they comply with the formula set forth above. If compliance is found, then the fees shall be approved by the City Manager or their designee. (Ord. 1094 § 18, 2026; Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

Article 5. General and Special Provisions

Whether the decision-making body 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:

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. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

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 by Business and Professions Code Sections 11003, 11003.1, 11003.2, 11003.4 and 11004, respectively, , and condominiums, as defined in Civil Code Section 783, partial credit, not to exceed forty-five (45) percent shall be given against the requirement of land dedication or payment of fees in lieu thereof 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 seventy-five (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 franchise; 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 three (3) acres and provides a minimum of five (5) of the local park basic elements listed in this section, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area.

F.

Elements Acres

Children’s play apparatus area .5

Landscape park-like with quiet areas 1.0

Family picnic area 2.0

Game court area 1.5

Elements Acres

Turf playfield 2.0

Multi use area 2.0

Nature area 1.0

Before credit is given, the decision-making body shall make written findings that the standards set out in this section are met. (Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

At the time of approval of a tentative map or tentative parcel map, rezoning, issuance of a building permit, or any other discretionary approval of development, the decision-making body shall, pursuant to this chapter, require the dedication of land or payment of fees in-lieu thereof and the payment of fees for park improvement, or the payment of fees for park development.

Dedications of land shall be made on the final subdivision map. Fees in-lieu of land dedication, fees for park improvement and fees for park development shall be calculated and paid at the time of issuance of the building permit using (1) the formulas set forth in Larkspur Municipal Code Sections 17.13.070, 17.13.090 and 17.13.110; (2) the most currently adopted land values and park development costs; and (3) the most currently adopted park acreage dedication standard.

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. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

Fees determined pursuant to Larkspur Municipal Code Sections 17.13.070 and 17.13.090 shall be paid to the Finance Director and shall be deposited into the City trust fund or its successor. Money in the fund, including accrued interest, shall be expended solely for acquisition, development or rehabilitation of park land or improvements related thereto.

Collected fees shall be appropriated by the City for a specific project to serve residents of the subdivision in a budgetary year within five (5) years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

If such fees are not so committed, these fees shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lots bears to the total area of all lots in the subdivision.

The Finance Director shall report to the City Council at least annually the income, expenditures and status of the City service trust funds. (Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this chapter; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

Previously developed parcels which have been vacant for less than three (3) years prior to the issuance of a building permit for residential development shall be exempt from the provisions of this chapter.

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 or airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added.

The City Council may by resolution, waive the payment of park dedication in lieu, park improvement and/or park development fees for mobile homes upon making findings of fact that the exemption will promote one or more goals of the Housing Element of the General Plan.

The City Council may, by resolution, waive the payment of park dedication in lieu, park improvement and/or park development fees upon making findings of fact that the dwelling unit(s) for which the waiver is requested is affordable housing as defined by the Housing Element of the General Plan. The City Council may establish additional qualifying criteria for affordable housing fee waivers. (Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

After the decision-making body determines the land required for dedication and/or in-lieu fee payment by the developer, the developer may apply to the Recreation Department and Public Works Department for permission to construct specified park and recreation improvements on land of the developer required for dedication to be developed as park. If the Recreation Department and Public Works Department grants the developer permission for construction of specified parks and recreation improvements on the land, the Departments shall fix the dollar value of the parks and recreation improvements approved by the Departments. 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. (Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

The Recreation Department and Public Works 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 to serve residents of the subdivision. (Ord. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

All land offered for dedication for 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. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

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), 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. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)

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 trails; (4) valuable pedestrian experience on its own; and/or (5) public access to creeks or protection of creeks of 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 that is protected by other techniques shall not be credited against the provision of park and recreational land or in-lieu fees 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. 1030 § 2(11), 2018; Ord. 896 § 3 (part), 1998)