Rialto Municipal Code Ch. 17.23 Park and Recreation Facilities Dedication

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state. 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 open space and recreation element of the general plan of the city. The continued increase in the development of dwelling units has created a need for updating the planning, acquisition, improvement and expansion of public parks, playground and recreation facilities to serve the population of the city and the means of providing funds for such improvements.

(Ord. 1234 (part), 1995: Ord. 1061 (part), 1989: Ord. 991 § 1, 1987)

Every developer of a residential project requiring a land division shall dedicate a portion of such land, pay a fee or a combination of both at the option of the city, for the purpose of providing park and recreational facilities at the time and according to the standards and criteria contained in this chapter.

(Ord. 1061 (part), 1989: Ord. 991 § 2, 1987)

It is found and determined that the public interest, convenience, health, welfare and safety require that 3.0 acres of property for each one thousand persons residing within the city be devoted to neighborhood and community parks.

(Ord. 991 § 3, 1987)

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

(Ord. 1234 (part), 1995: Ord. 991 § 4, 1987)

The city administrator or his/her duly authorized representative shall be charged with the enforcement of this chapter.

(Ord. 1234 (part), 1995: Ord. 991 § 5, 1987)

Where a park or recreational facility has been designated in the element of the General Plan of the city, and is to be located in whole or in part within the proposed development to serve the immediate and future needs of the residents of the development, the developer shall dedicate land for a park and pay a fee for the development thereof. The amount of land to be provided shall be determined pursuant to the following standards and formula:

A. A = 3.0 (D.F. × No. D.U.)*÷1000

* When a proposed development contains dwelling units with different density factors, the formula shall be used for each density factor and the results shall be totaled.

B. Definition of Terms.

1. A. — the area in acres required to be dedicated as park site or to be appraised for fee payment for the development.

2. 3.0 — park acreage standard for the city, number of acres per one thousand persons.

3. D.F. — density factor obtained from Section 17.23.070 as applicable for the development.

4. No. D.U. — number of dwelling units proposed in the development.

C. The developer shall, without credit, provide full street and utility improvements including, but not limited to, curbs, gutters, sidewalks, street paving, sewer, water and drainage improvements. The land to be dedicated and improvements to be made pursuant to this section shall be approved by the city.

(Ord. 991 § 6, 1987)

A. For the purpose of this chapter, 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. Such density factors shall be adopted by a resolution of the city council of the city as the aforementioned Census figures become available.

B. Single-family residential units, multiple-family/multiunit residential units and mobile home units shall be defined as per latest decennial U.S. or State Department of Finance Census figures.

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" includes each single-family dwelling, each dwelling unit in a duplex, apartment house of dwelling, condominium, mobile home park and any other place designed to be occupied by one or more persons for living, sleeping, cooking and eating.

(Ord. 1234 (part), 1995: Ord. 991 § 7, 1987)

A. General Formula. If there is no park and recreational facility designated in the city's open space and recreation element of the general plan of the city, to be located in whole or in part within the proposed development to serve the immediate and future needs of the residents of the development, or if the proposed development contains fifty parcels of land or less, or if there is no site suitable to the city or recreation facility in the development, the developer shall, in lieu of dedicating land, pay a fee equal to acquisition plus development cost. Such fee is to be used for a park which will serve the residents of the area being developed. Costs for park development shall be adopted by resolution by city council which may be amended on an annual basis by resolution by city council. However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in developments of fifty parcels or less, where the developer proposed such dedication voluntarily and the land is acceptable to the city.

B. Use of Money. The money collected hereunder shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision.

C. Fee = (3.0) (D.F.) (No. D.U.)×(Acq. Cost + Dev. Cost)÷1000

D. Definition of Terms.

1. 3.0 — park acreage standard for the city, number of acres per one thousand persons.

2. D.F. — density factory obtained from Section 17.23.070 as applicable for the development.

3. No. D.U. — number of dwelling units proposed in the development.

4. Acq. Cost — park acquisition cost per acre.

5. Dev. Cost — park development cost per acre.

(Ord. 1234 (part), 1995: Ord. 991 § 8, 1987)

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 17.23.100 of this chapter shall be paid for any additional land that would have been required to be dedicated pursuant to Section 17.23.060 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 land is needed from the development to complete the site, such remaining portion shall be dedicated pursuant to Section 17.23.060 and a fee paid computed pursuant to Section 17.23.100. Such fees shall be used for the improvement of the existing park or recreational facility or for the improvement of other parks and recreational facilities serving the development.

(Ord. 991 § 9, 1987)

A. Where a fee is required to be paid in lieu of land dedication, such fee shall be equal to an amount of each acre which would otherwise have been required to be dedicated by Section 17.23.060, which amount is the median fair market value per acre of the land found in the city. An additional fee shall also be assessed for park and recreational facility development.

B. Fair market value of the land in such public parks shall be determined by evaluation of public park properties within the city. Such evaluation shall exclude improvements. Park properties shall be defined as buildable properties. Such evaluation shall be adopted by a resolution by the city council of the city. Cost for park development also shall be adopted by resolution by city council which may be amended on an annual basis by resolution by the city council.

(Ord. 991 § 10, 1987)

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 adopted park and recreational principles and standards of the city's general plan and 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. 991 § 11, 1987)

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 open space and recreation element of 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 initial determination as to whether land shall be dedicated, a fee shall be charged, or whether a combination of both land dedication and fee shall be required. A determination by the planning commission that a fee shall be charged shall be final and conclusive, unless appealed to the city council of the city within fifteen days, whereupon the city's appeal procedure shall apply.

A determination by the planning commission that land shall be dedicated shall be in the form of a recommendation to the city 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 recreation community services department.

(Ord. 1234 (part), 1995: Ord. 991 § 12, 1987)

A. A twenty-five percent credit on park development fees shall be given for minimum of three acres of usable and contiguous park and recreation land developed in conjunction with a PRD-D or PRD-A planned residential development. 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 areas;

3. Family picnic area;

4. Game court area;

5. Turf playfield;

6. Swimming pool;

7. Recreation center buildings.

B. A determination if the development qualifies for the credit will be made by the community development director or planning commission, as applicable, at the time of approval of the precise plan of design for the PRD-D or PRD-A development, based on recommendations of the recreation community development department.

(Ord. 1234 (part), 1995: Ord. 991 § 13, 1987)

(Ord. No. 1645, § 3, 7-14-20)

When the developer's master plan of development allocates space for a golf course, lake or the like (hereinafter called special facilities), designed to serve both the residents of a subdivision and the general public, the developer may, at the city's discretion, be credited for supplying a portion of the requirements of this chapter in an amount not to exceed fifty percent credit on only those residential units that abut such special facility. Such special facility shall not eliminate the need for other designated park and recreation facilities needed to serve the subdivision. Said special facility shall be restricted to its initial purpose and shall be permanently devoted or dedicated to use by the general public, unless a satisfactory substitute is approved by the city council.

(Ord. 991 § 14, 1987)

A. When a proposed subdivision or part of a major land development project and the owner of such land proposes to permit development by several subdividers, provisions for park and recreational facilities shall be made by the major landowner through the adoption of a comprehensive plan and not by the individual developers. Where park and recreation facilities have been dedicated by requirements of the city in excess of the requirements of this chapter, the major landowner may, at the discretion of the city, be given one hundred percent credit for the excess on subsequent projects within the adopted comprehensive plan.

B. For the purpose of this chapter, a major land development project shall be a land development project exceeding forty acres in size.

C. Where development is proposed for construction in increments, a schedule for providing the park and recreation facilities shall be submitted for approval by the city.

(Ord. 991 § 15, 1987)

When a developer has submitted data concerning proposed parks on a specific plan area, land dedication or fee will be determined by an appraisal of land applicable to all subdivisions within the subject specific plan.

(Ord. 991 § 16, 1987)

The fees required under this chapter shall be paid at the time of issuance of the building permit. Any dedication required under this chapter shall be made at the time of recordation of the tract map.

(Ord. 1061 (part), 1989: Ord. 991 § 17, 1987)

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

(Ord. 991 § 18, 1987)

The city shall begin development of park and recreational facilities within five years from the time of final inspection and approval of the project by the city.

(Ord. 991 § 19, 1987)

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

(Ord. 991 § 20, 1987)