Pismo Beach Municipal Code Ch. 16.70 Park and Recreational Land Requirements

This chapter is enacted pursuant to the authority granted by the State Subdivision Map Act, Section 66477 of the Government Code. 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 parks, recreation and access element of the Pismo Beach general plan/local coastal plan, adopted by the city on November 24, 1992. (Ord. 94-02 § 2 (part), 1994)

A. Requirements. As a condition of approval of a tentative subdivision tract map or parcel map, the subdivider shall be required to dedicate land, pay a fee in lieu thereof, or both, for park or recreational purposes according to the standards and procedures contained in this chapter. For purposes of this chapter, "subdivision" is defined to include all divisions of land or airspace, for residential purposes, which require city approval of a tentative parcel or tract map.

B. Exceptions. The provisions of this chapter shall not apply to the following:

1. Commercial or industrial subdivisions;

2. Condominium or stock cooperative conversion projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added; and

3. Subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition may 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 within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. (Ord. 94-02 § 2 (part), 1994)

It is found and determined that the public interest, convenience, health, welfare and safety require that four acres of land for each one thousand persons residing within this city be devoted to local park and recreational purposes. (Ord. 94-02 § 2 (part), 1994)

If a subdivision of more than fifty lots or units is proposed within a one-half-mile distance of a site designated for a future park or recreational facility by the parks, recreation and access element, and the park site is needed to serve the future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be dedicated shall be determined based on the following:

A. The number of residential units proposed on the property at the time the tentative map is filed with the city for approval;

B. The average number of persons per residential dwelling unit, as determined by the 2000 Federal Census, which shall be as follows: 2.26 per detached or attached single-family dwelling, 1.81 per multiple-family dwelling, and 1.44 per mobilehome;

C. The land to be dedicated shall be four acres per one thousand persons or .00904 acres per detached or attached single-family dwelling, .00724 acres per multiple-family dwelling and .00576 acres per mobilehome;

D. The formula for determining the amount of acres to be dedicated for each type of unit or lot shall be as follows:

(Ord. 04-09 § 1, 2004: Ord. 94-02 § 2 (part), 1994)

A. Applicability. Payment of a fee in lieu of dedication of land shall be required if either of the following pertains:

1. If there is no park or recreational facility site designated within a one-half-mile radius of the proposed subdivision by the parks, recreation and access element, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section 16.70.040. The amount of the required fee shall be determined in accordance with the provisions of this section, such fee to be used for a local park which will serve the residents of the area being subdivided.

2. If the proposed subdivision contains fifty or fewer parcels or units, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in Section 16.70.040 and in an amount determined in accordance with the provisions of this section.

B. Formula for Calculation of Fee. The fee shall be the citywide average fair market value of the land that would be dedicated pursuant to the formula set forth in this section. The average value per acre shall be seven hundred thousand dollars per acre. The formula for determining the amounts of fees required in lieu of land dedication for each type of unit or lot shall be as follows:

The total fee amount required for a project shall be the sum of the fee amounts computed separately for each type of unit or lot within the subdivision.

Unless other action is taken by the city council, the citywide average fair market value of the land that would be dedicated pursuant to the formula set forth in this section will automatically be adjusted effective January 1st of each year by the percent change over twelve months in the U.S. Bureau of Labor Statistics Consumer Price Index for the Los Angeles urban area for the month of October prior to January 1st. (Ord. 04-09 § 2, 2004: Ord. 94-02 § 2 (part), 1994)

In subdivisions of over fifty parcels, when a lesser land area is needed for a new or existing local park site than would otherwise be required to be dedicated and therefore does not meet the full requirement, the subdivider shall both dedicate land and pay a fee in lieu thereof. The amount of the fee shall equal the value of the land which would otherwise have been required to be dedicated pursuant to Section 16.70.040. (Ord. 94-02 § 2 (part), 1994)

Where private open space for park and recreational purposes is provided under common ownership in a proposed subdivision and such space is to be owned and maintained by the future residents of the subdivision, partial credit, not to exceed forty percent, may be given against the requirement of land dedication or payment of fees in lieu thereof. Such partial credit may be provided only if the planning commission, on recommendation of the parks and recreation commission, finds that it is in the public interest to do so and that all the following standards are met:

A. That the yards, court areas, setbacks and other open areas required to be maintained by the provisions of Title 17 (zoning) shall not be included in the computation of such private open space;

B. That the private ownership and maintenance of the open space is adequately provided for by recorded agreement, covenants or restrictions;

C. That the use of the private open space is permanently restricted for park and recreational purposes by recorded covenants, which run with the land in favor of the existing and future owners of the property and which cannot be modified or extinguished without the written consent of the city;

D. 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 of the private open space land;

E. That facilities proposed for the open space are in substantial accordance with the provisions for the parks, recreation and access element of the general plan;

F. That the quality of recreation improvements is of critical importance and all elements shall meet or exceed city standards for materials, design and workmanship; and

G. That the open space for which credit is given is a minimum of three acres of landscaped space and contains two or more of the following facilities:

• 1. Picnic facilities,
• 2. Children's play apparatus area,
• 3. Game courts (basketball, volleyball, tennis, etc.),
• 4. Recreation activity building,
• 5. Community gardens.

Before credit is given, the planning commission and/or city council shall make written findings that the above standards are met. (Ord. 94-02 § 2 (part), 1994)

A. Determination as to Dedication, Payment of Fee or a Combination Thereof. The procedure for determining whether the developer is to dedicate land, pay a fee, construct improvements to the park site or a combination of these shall be as follows:

1. Request by the Developer. At the time of submitting a tentative map application, the subdivider shall indicate whether the application proposes to dedicate land for park and recreational purposes, pay a fee in lieu thereof, dedicate land and construct park improvements, or a combination thereof. If dedication of land is proposed, the land area proposed to be dedicated shall be shown on the tentative map or development plan.

2. Recommendations Prior to Planning Commission Action. Prior to public hearing and action by the planning commission, the tentative map application and developer's proposal shall be referred to the parks and recreation commission for its report and recommendations. If dedication of land is proposed, the developer's proposal shall also be referred to the city council for its review and acknowledgement of the suitability of the site for dedication.

3. Determination by the City. At the time of approval of the tentative map application, the planning commission or city council, upon the advice of the parks and recreation commission, shall determine, as a part of the conditions of such approval, whether to require the dedication of land or the payment of a fee in lieu thereof, or both. If a developer has proposed to dedicate land and construct park and recreational improvements to the dedicated land, the city may choose to accept said dedicated land and improvements as a part of the conditions of such approval. The land area required to be dedicated shall be depicted on the tentative map prior to its approval. The determination of the planning commission shall be final unless appealed to the city council or unless the council has final decision-making authority.

4. Credit for Dedicated Land and Construction of Improvements on Dedicated Land. If the city determines to accept a proposal to dedicate land and construct park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required.

B. Prerequisites for Acceptance of Final Tract or Parcel Maps. Where dedication of land is required, it shall be shown on the final map submitted to the city in a form approved by the community development director and public works director. The dedication shall be accomplished in accordance with the provisions of the Subdivision Map Act and this chapter and such land shall be conveyed to the city concurrent with the recordation of the final map. Where fees are required, they shall be deposited with the city prior to the acceptance by the city council of the final map. If it is determined that the owner is to dedicate land and construct park improvements, any required in-lieu fees may be credited based on the estimated costs of the improvements.

C. Open Space Covenants for Private Park or Recreational Facilities. Where credit is to be given for private open space and recreation facilities, open space covenants shall be submitted to the city, in a form approved by the city attorney and community development director, prior to city council approval of the final or parcel map. Such covenants and restrictions shall be recorded before or concurrently with the final tract or parcel map. (Ord. 94-03 § 1, 1994: Ord. 94-02 § 2 (part), 1994)

A. Establishment of Separate Restricted Account. The revenues raised by payment of the in-lieu fee pursuant to this chapter shall be deposited in a separate account. These funds and the interest thereon shall be used exclusively for the purpose of providing park and recreational facilities reasonably related to serving the residents of the subdivisions for which the fees are paid.

B. Use of In-Lieu Funds. The funds shall be used for purchase of land for park or recreation purposes or if the city council, upon recommendation of the parks and recreation commission, deems that sufficient park lands are available, for improving such land for park and recreational purposes. Such parklands and improvements shall be limited to those described in the most current versions of the parks, recreation and access element of the Pismo Beach general plan, Pismo Beach parks master plan, or the city's five-year capital improvements program. Such funds may be used to reimburse other city funds for payments advanced for uses permitted by this chapter.

C. Refund of Fees. Any fees collected pursuant to this chapter shall be committed to appropriate uses within five years after the payment of such fees or within five years after issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. Any fees not committed shall be reimbursed according to the procedure set forth in Government Code Section 66477. (Ord. 94-02 § 2 (part), 1994)