Article 26 — Community Park and Recreational Facilities

* Sections 9-4.2602 through 9-4.2609, codified from Section 8160.14, T.O.O.C., as renumbered by Section XIV, Ordinance No. 173-NS, effective November 5, 1970, repealed by Section III, Ordinance No. 238-NS, effective November 4, 1971.

To require subdividers to provide for parks, recreational facilities, and open space areas for the health, safety, and general welfare of future residents and owners of their property and to encourage the orderly development of the City, the Commission shall, in the manner set forth in this chapter and in Article 6 of Chapter 3 (Subdivisions) of this title,

require the dedication of land, the payment of fees, or both for park and recreational purposes as a condition of residential development permit (R-P-D, H-P-D, and T-P-D) approvals.

(§ 8160.14, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § II, Ord. 238NS, eff. November 4, 1971, and § II, Ord. 376-NS, eff. May 31, 1973)

Every residential developer who develops land in the R-A, R-E, R-O, R-1, R-P-D, H-P-D, and T-P-D Zones shall dedicate a portion of such land, pay a fee, or do both for the purpose of providing park and recreational facilities to serve the future residents of the project. Residential developments not covered under the provisions of Article 6 of Chapter 3 (Subdivisions) of this title shall, as a condition of the development permit, dedicate land, pay a fee, or both for park and recreational purposes as set forth in Sections 9-4.2603 through 9-4.2611 of this article. (§ III, Ord. 376-NS, eff. May 31, 1973)

The provisions of this article shall apply to all residential developments in the R-P-D, H-P-D, and T-P-D Zones not covered under the provisions of Article 6 of Chapter 3 (Subdivisions) of this title, except for R-P-D, H-P-D, and T-P-D permit applications filed on or before June 30, 1973.

(§ III, Ord. 376-NS, eff. May 31, 1973)

It is hereby found and determined:

• (a) That the public interest, convenience, health, welfare, and safety require that the following acreage for each one thousand (1,000) persons residing within the City be devoted to park and recreational purposes:

• (1) Five (5) acres of neighborhood park lands;

• (2) Two (2) acres of playfields; and

• (3) Two (2) acres of community park lands;

• (b) That one-half (1/2) of such requirements will be satisfied in part by the City, the Conejo Recreation and Park District, and local school districts;

• (c) That the remaining one-half (1/2) of such requirements amounting to two and one-half (21/2) acres of

neighborhood park lands, one (1) acre of playfields, and one (1) acre of community park lands shall be supplied by developers under the requirements of this article.

( §III, Ord. 376-NS, eff. May 31, 1973)

Population density, for the purposes of this article, shall be determined in accordance with the following standards, to-wit:

• (a) Single-family detached dwellings = 3.8 persons per dwelling unit:

• (b) Single-family attached dwellings less than, or equal to, seven (7) units per net acre density = 2.8 persons per dwelling unit;

• (c) Condominiums and other attached dwellings, other than apartments, over seven (7) units per net acre = 2.4 persons per dwelling unit;

• (d) Apartments = 2.0 persons per dwelling unit; and

• (e) Mobile homes = 1.75 persons per dwelling unit.

The basis for determining the total number of dwelling units shall be the number of such units permitted by the City on the property included in the proposed residential development at the time the R-P-D, H-P-D, or T-P-D permit application is approved by the City.

(§ III, Ord. 376-NS, eff. May 31, 1973)

The minimum amount of land to be dedicated by a developer pursuant to the provisions of this section shall be based on the gross area within the R-P-D, H-P-D, or T-P-D permit boundaries and determined by the following formula:

(§ III, Ord. 376-NS, eff. May 31, 1973, as amended by § II, Ord. 403-NS, eff. August 14, 1973)

Where a fee is required 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 to be dedicated pursuant to the provisions of Section 9-4.2606 of this article. The amount of such fee shall be a sum equal to the fair market value of the amount of land, including full street improvements, either dedicated or to be maintained by a property owner, that would otherwise be required to be dedicated pursuant to the provisions of Section 9-4.2606 of this article. The fee shall be calculated by multiplying the applicable percentage from the Density Formula set forth in Section 9-4.2606 of this article by the total gross acreage and, in turn, multiplying this product by the fair market value per acre and including the actual cost for the full street improvements; however, where a permit includes a Primary or controlled access Secondary Highway as designated on the Circulation Element of the General Plan, the land area and actual costs for street improvements in excess of the design standards for a collector street shall not be included in this fee calculation. The fair market value shall be determined prior to the issuance of the building permit for R-P-D and H-P-D projects and the certificate of occupancy for T-P-D projects in accordance with the following:

(a) The fair market value shall be determined by the application of accepted assessment practices, and the initial determination may be based upon the current assessed value, modified equal to market value, in accordance with the standards established by the current practices of the County Assessor; or

(b) If either the City or the developer objects to such evaluation, either party may, at the developer’s expense, obtain an appraisal of the property by a neutral qualified real estate appraiser approved by the City, which appraisal shall be considered in addition to the provisions of subsection (a) of this section by the Council in reaching its decision as to fair market value; or

(c) The City and the developer may agree to the fair market value.

(§ III, Ord. 376-NS, eff. May 31, 1973, as amended by § II, Ord. 405-NS, eff. September 13, 1973)

Where private open space for park and recreation purposes is provided in a proposed development and such space is to be privately owned and maintained by the future residents of the property, such areas may be credited against the requirement of dedication for park and recreation purposes, as set forth in Section 9-4.2606 of this article, or the payment of fees in lieu thereof, as set forth in Section 9-4.2607 of this article, provided the Commission finds it is in the public interests to do so and the following standards are met:

(a) That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building provisions of this Code shall not be included in the computation of such private open space; and

(b) That the private ownership and maintenance of the open space is adequately provided for by written agreement; and

(c) That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the development and which cannot be defeated or eliminated without the consent of the Commission; and

(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 the location of the private open space land; and

(e) That facilities proposed for the open space are in substantial accordance with the provisions of the Recreation Element of the General Plan and are approved by the Commission.

The Council, upon a recommendation of the Commission, shall adopt more specific guidelines and standards to be utilized in determining the actual percentage of credit that may be given for private park and recreational facilities in any proposed development. Such guidelines and standards shall be adopted as a resolution by the Council, upon a recommendation by the Commission, only after a public hearing, noticed and conducted in the manner required for zone changes, in accordance with the provisions of Article 29 of this chapter. (§ III, Ord. 376-NS, eff. May 31, 1973)

(a) Procedure. The procedure for determining whether the developer is to dedicate land, pay a fee, or both shall be as follows:

(1) Determination by the developer. At the time of filing an R-P-D, H-P-D, or T-P-D permit application for approval, the owner of the property shall, as a part of the filing, indicate whether he desires to dedicate property for park and recreational purposes or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof on the plot plan as submitted.

(2) Action of the City. At the time of an R-P-D, H-P-D, or T-P-D permit approval, the Commission or the Council, upon the advice of the Conejo Recreation and Park District, shall determine, as a part of such approval, whether to require a dedication of land within the development, the payment of a fee in lieu thereof, or a combination of both. (3) Prerequisites for the issuance of building permits or certificates of occupancy for R-P-D, H-P-D, or T-P-D permits. Where dedication or fees are required, the park property shall be dedicated to, or the fees shall be deposited with, the Conejo Recreation and Park District, or to the City if the District does not have any jurisdiction for the property, prior to the issuance of the building permit, in the case of R-P-D and H-P-D permits, or the certificate of occupancy, in the case of T-P-D permits. If the Conejo Recreation and Park District refuses to accept either the park dedication or the fees, such dedication shall be conveyed to the City or its assignees and/or the fees will be held by the City in a trust fund for the Conejo Recreation and Park District. Open space covenants for private park or recreational facilities shall be submitted to, and approved by, the City Attorney and Community Development Director and be recorded prior to the issuance of the building permit, in the case of R-P-D and H-P-D permits, or the certificate of occupancy in the case of T-P-D permits.

(b) Space determination. Whether the Commission or the Council, upon the advice of the Conejo Recreation and Park District, accepts the land dedication or elects to require the payment of fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

• (1) The Recreation Element of the General Plan;

• (2) The topography, geology, access, and location of the land in the development available for dedication;

• (3) The size and shape of the development and the land available for dedication;

• (4) The location of existing or proposed park sites and trailways; and

• (5) The desirability of developing the land proposed for dedication for park and recreational purposes as determined by a schematic site plan submitted by the subdivider.

The determination of the Commission as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof shall be final and conclusive, except in the case of H-P-D permits, unless appealed to the Council. (§ III, Ord. 376-NS, eff. May 31, 1973)

At the time park land is dedicated or fees are paid, the Council, upon the advice of and written agreement with the Conejo Recreation and Park District, shall designate the probable time when the development of the park and recreational facilities shall be commenced and where the specific fees wills be utilized for park purposes. If such agreement has not been consummated at the time of the issuance of a building permit, the fees will be held in a trust fund for the District until the agreement has been adopted by the Council. (§ III, Ord. 376-NS, eff. May 31, 1973)

The land and fees received pursuant to the provisions of this article shall be used only for the purpose of providing park and recreational facilities to serve the property for which received, and the location of the land and the amount of the fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the property.

(§ III, Ord. 376-NS, eff. May 31, 1973)