Ventura Municipal Code Art. 1 Parks and Recreation Areas 2

2 Editor’s note(s): Ord. No. 2015-006, adopted June 8, 2015, amended Article 1 in its entirety to read as herein set out. Former Article 1 pertained to the same subject matter and derived from Ord. No. 2002-28, adopted November 25, 2002; Ord. No. 2006-016, adopted October 2, 2006; and Ord. No. 2007-019, adopted September 24, 2007.

Cross reference(s) – Public parks, beaches and street trees, Title 20.

A. General. The following provisions are enacted pursuant to the authority granted by Section 66477 of the California Government Code, also known as the Quimby Act. The park and recreation purposes for which dedication of land and/or payment of fees are required pursuant to the following sections shall conform to the most current city general plan, to any adopted community plan, and the applicable provisions of the Government Code.

B. Requirements.

1. As a condition of approval of a tentative subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in these sections. The land and fees received under these provisions are to be used only for the purpose of providing park and recreation areas, facilities and services in accordance with applicable law. Any fees received will be deposited in the park and recreation facilities fund. The determination of the city as to whether land shall be dedicated, or whether a fee shall be paid, or a combination of both, shall be made based upon, but not limited to, consideration of the following:

a. Chapter 6: Our Active Community of the 2005 General Plan.

b. The topography, geology, access and location of land in the subdivision available for dedication.

c. The size and shape of the subdivision and land available for dedication.

d. The location of existing or proposed park sites and circulation systems.

2. All in-lieu park fees imposed pursuant to this chapter shall be deposited with the city at the time the final map is submitted to the city engineer for approval by the city.

3. Where payment of fees as determined by the public works director or an appraisal is required, and the subdivider disagrees with the fee, an appeal of the matter may be made pursuant to Chapter 24.565, which governs administrative appeals of decisions carried out under the city’s zoning ordinance. In such appeals, the burden of proof shall lie with the subdivider.

C. Relation of Land Required to Population Density. It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that 4.60 net acres of park area for each 1,000 persons residing within the city shall be the established land dedication standard for the purpose of this article.

D. Estimated Population. The amount of land to be dedicated or fees to be paid shall be based upon the estimated residential population of the subdivision which shall be determined on the basis of zoning and the approved tentative map or parcel map and the average household size of 2.57 reported in the 2010 Census produced by the U.S. Census Bureau for the following types of residential units:

1. Single-family dwellings, residential second units, and other detached dwellings.

2. Condominium, townhouses, duplexes, and other attached dwellings.

3. Apartments.

4. Mobile homes.

E. Development Density – Determination. The basis for determining the total number of dwelling units shall be the number of such units permitted by the city on the land included within the proposed subdivision at the time the advisory agency approves a tentative map or tentative parcel map. (Ord. No. 2015-006, § 1, 6-8-15)

A. Dedication of Land. If the city requires a dedication of land for a park or other recreational facilities for a residential subdivision containing more than 50 parcels, the amount of land to be dedicated for such purposes shall be determined on the basis of the following formula:

(DU x Average Household Size) / (1,000) x S = Amount of Dedicated Parkland

Where:

1. “DU” is the number of dwelling units in the subdivision;

2. “S” is the park acreage standard as determined by the city council; and

3. “Amount of Dedicated Parkland” is calculated to the nearest tenth of an acre.

Land dedicated to the city for park and recreational facilities pursuant to the provisions of this section shall be conveyed to the city by grant deed, free and clear of encumbrances, at the time the final subdivision map for a subdivision is submitted to the city engineer for the engineer’s approval. Thereafter, the deed shall be held in trust by the city until such time as the final map or final parcel map is approved or rejected by the city engineer, or withdrawn by the subdivider. If a map is rejected by the city engineer or withdrawn by the subdivider prior to the city’s approval, the deed shall be returned to the subdivider. If the map is approved by the city engineer, the deeds will be recorded by the city. The subdivider shall pay all fees and provide instruments required to convey the land plus a preliminary title report and title insurance in favor of the city in an amount equal to the value of the property being conveyed.

Where a subdivider also agrees to provide park and recreation improvements to the dedicated land, the subdivider will be entitled to a credit against the amount of land to be dedicated for park or other recreational facilities and/or any in-lieu fee assessed in conjunction therewith. However, the city reserves the right to approve such improvements, as well as the value of the improvements, prior to agreeing to accept the dedication of land.

B. Payment of Fees. If the city requires a park fee in lieu of the dedication of land for a park or other recreational facilities for a residential subdivision containing more than 50 parcels, the amount of the fee shall be based upon the average per acre fair market value of the entire subdivision from which land would otherwise be required to be dedicated in the manner hereinbefore provided by this section.

The fair market value shall be determined by an appraiser acceptable to the public works director. The date of the appraisal shall be immediately prior to the filing of the final map. If more than six months elapses prior to filing the final map, the public works director may require a new appraisal. All appraisals shall be made at the sole cost and expense of the subdivider. If a subdivider disagrees with the fair market value as determined by an appraisal, the subdivider may appeal the matter as specified in Section 26.150.110. (Ord. No. 2015-006, § 1, 6-8-15)

Where an application is filed for approval of a tentative map or a tentative parcel map for a residential subdivision containing 50 parcels or less, the amount of land within the subdivision that could be dedicated to the city for park and recreational facilities pursuant to Section 26.150.111 would be insufficient in size to support a park or recreation facility that would be necessary to address the needs of the subdivision’s residents. Therefore, whenever an application is filed for approval of a tentative map or a tentative parcel map for a residential subdivision containing 50 parcels or less, the subdivider will be required to pay a fee in lieu of parkland dedication that is based on the average per acre fair market value of park land, determined on the basis of the following formula:

(DU x Average Household Size) / (1,000) x S x Price/Acre of City Parkland = In-Lieu Park Fee

Where:

1. “DU” is the number of dwelling units in the subdivision;

2. “S” is the park acreage standard as determined by the city council; and

3. The “Price/Acre of City Parkland” is the average fair market value of an acre of existing parkland within the city as determined by the public works director or the director’s designee.

The average fair market value of parkland within the city shall be determined by the public works director based on the average value of existing land that is owned by the city and dedicated to a park or other recreational use. In order to make that determination, the director shall periodically cause appraisals to be made of such land based on its park or recreational use. In the event a subdivider disagrees with the director’s determination as to the average value of city lands dedicated to a park or other recreational use, the subdivider may appeal the matter as specified in Section 26.150.110. (Ord. No. 2015-006, § 1, 6-8-15)

Notwithstanding any provision of Section 26.150.111 or any other provision of this chapter to the contrary, where an application is filed for approval of a tentative map or a tentative parcel map for a condominium project exceeding 50 dwelling units in the downtown specific plan area, the amount of land within the subdivision that could be dedicated to the city for park and recreational facilities pursuant to Section 26.150.111 would be insufficient in size to support a park or recreation facility that would be necessary to address the needs of the subdivision’s residents. Therefore, whenever an application is filed for approval of a tentative map or a tentative parcel map for a condominium project exceeding 50 dwelling units on land that is within the boundaries of the downtown specific plan area as those boundaries may be amended from time to time, the subdivider will be required to pay a fee in lieu of parkland dedication that is based on the average per acre fair market value of park land in the downtown specific plan area, determined on the basis of the following formula:

(DU x Average Household Size) / (1,000) x S x Price/Acre of Downtown Parkland = In-Lieu Park Fee

Where:

1. “DU” is the number of dwelling units in the subdivision;

2. “S” is the park acreage standard as determined by the city council; and

3. The “Price/Acre of Downtown Parkland” is the average fair market value of an acre of parkland within the downtown specific plan area, which is determined to be $630,556.00.

In the event a subdivider disagrees with the director’s determination as to the average value of parkland within the downtown specific plan area, the subdivider may appeal the matter as specified in Section 26.150.110. (Ord. No. 2015-006, § 1, 6-8-15)

Notwithstanding any provision of Section 26.150.111 or any other provision of this chapter to the contrary, where an application is filed for approval of a tentative map or a tentative parcel map for a condominium project exceeding 50 dwelling units in the city excluding the downtown specific plan area, dedication of land may be required even though the number of parcels may be less than 50. The dedication of land, credit for land dedicated for park or other recreational facilities, and in-lieu park fees for a condominium project exceeding 50 dwelling units in the city excluding the downtown specific plan area shall be per Section 26.150.111.

In the event a subdivider disagrees with the director’s determination of the in-lieu fees, the subdivider may appeal the matter as specified in Section 26.150.110. (Ord. No. 2015-006, § 1, 6-8-15)

Notwithstanding any provision of Section 26.150.111 or any other provision of this chapter to the contrary, where an application is filed for approval of a tentative map or a tentative parcel map for a condominium project not exceeding 50 dwelling units in the city, including the downtown specific plan area, the amount of land within the subdivision that could be dedicated to the city for park and recreational facilities pursuant to Section 26.150.111 would be insufficient in size to support a park or recreation facility that would be necessary to address the needs of the subdivision’s residents. Therefore, whenever an application is filed for approval of a tentative map or a tentative parcel map for a condominium project not exceeding 50 dwelling units in the city, including the downtown specific plan area, the subdivider will be required to pay a fee in lieu of parkland dedication pursuant to Section 26.150.112.

In the event a subdivider disagrees with the director’s determination of the in-lieu fees, the subdivider may appeal the matter as specified in Section 26.150.110. (Ord. No. 2015-006, § 1, 6-8-15)

Where private open space usable for active recreational purposes is provided within a “common interest development” as defined in Section 1351 of the Civil Code, partial credit, not to exceed 50 percent of the full park requirements, may be given against the requirement of land dedication or payment of fees in lieu thereof, if the city council finds that it is in the public interest to do so and that all of the following standards are met:

A. Yards, court areas, setbacks, and other open areas required by zoning or building ordinances and regulations shall not be included in the computation of such private open space;

B. The private open space recreation area shall be owned by a homeowners’ association composed of all property owners in the subdivision and be an incorporated, nonprofit organization capable of dissolution only by 100 percent affirmative vote of the membership, operated under recorded land agreements to 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 area;

C. That the use of the private open space recreation area is restricted for active 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;

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

E. That recreation facilities proposed for the private open space recreation area are in substantial accordance with the provisions of the city’s current general plan; and

F. That with the crediting of private open space recreation area, any deficiencies created for present or future park needs shall be considered met by the developer and the city shall have no responsibility to develop a neighborhood park to meet the needs of residents in said subdivision now or in the future. (Ord. No. 2015-006, § 1, 6-8-15)

The following subdivisions are exempted from dedication of land and/or payment of fees required by this article:

A. Subdivisions containing less than five parcels, and not used for residential purposes; provided, that a condition is hereby placed on the approval of each such map that if a building permit is requested for residential structure(s) on one or more of the parcels within four years of the recording of the map, the fees required by this article may be required to be paid as a condition precedent to the issuance of such a permit;

B. Condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building that is more than five years old when no new dwelling units are added;

C. Commercial and industrial subdivisions; and

D. Any other subdivisions exempted by the Quimby Act. (Ord. No. 2015-006, § 1, 6-8-15)

The city shall develop a schedule specifying how, when and where it will use the land and/or fees to develop park and recreation facilities. Any fees collected under this article shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall, without any deductions, be distributed and paid to the record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision. (Ord. No. 2015-006, § 1, 6-8-15)

The following provisions are enacted pursuant to the authority granted by Sections 66479 through 66482 of the Government Code of the state of California:

A. Requirements. As a condition of approval of a tentative map or parcel map, the subdivider shall reserve sites, as required, appropriate in area and location for parks, according to the standards and formulas adopted in the city’s current general plan.

B. Standards and Formula. If a park deficiency is specified in the general plan, the subdivider may be required to reserve sites as determined by the city in accordance with the principles and standards contained in the adopted plan. The reserved areas shall be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area if it is not acquired within the prescribed period.

C. Procedures for Acquisition of Reserved Land. The city shall, at the time of the approval of the final map or parcel map, enter into an agreement with the developer to acquire the reserved area within two years after the completion and acceptance of all improvements by the city, unless the period of time is extended by mutual agreement. The purchase price shall be the market value of the reserved area at the time of the filing of the tentative map or parcel map, plus the taxes against such reserved area from the date of the reservation, and any other reasonable costs incurred by the subdivider in the maintenance of the reserved area, including any applicable interest costs incurred on any loan covering the reserved area.

D. Termination. If the city does not enter into a binding agreement as provided above, the reservation of the area shall automatically terminate.

E. Authority. The authority to reserve and acquire areas for parks hereunder is in addition to, and not a limitation on, all other authority of the city relative to provision of park and recreation facilities. (Ord. No. 2015-006, § 1, 6-8-15)