Ventura Municipal Code Ch. 4.230 Public Park Fee

This chapter is adopted pursuant to the municipal affairs provisions of the City Charter and the State Mitigation Fee Act (Government Code, Section 66000 et seq.) for the purpose of authorizing a development impact mitigation fee, designated herein as a public park fee, that will provide the revenues necessary to fund all or a portion of the cost of new or rehabilitated neighborhoods and community parks required to meet the need for recreational amenities created by new residential development occurring within the city. (Ord. No. 2009-012, § 1, 6-1-09)

The city council makes the following additional findings required by the State Mitigation Fee Act in support of the public park fees provided for by this chapter:

A. All public revenues received by the city from the public park fees authorized by this chapter will be used to fund the acquisition and construction of neighborhood and community park facilities.

B. There is a reasonable relationship between the fees provided for by this chapter and new development occurring in the city, in that all public revenues received by the city from such fees will be used only for the purpose of acquiring and constructing neighborhood and community park facilities necessary to serve the demand for park and recreational facilities created by the inhabitants of new residential development that is at least equivalent to the level of such services provided to the city’s existing residents.

C. Similarly, there is a reasonable relationship between the need for neighborhood and community park facilities to be acquired and constructed with public revenues received by the city from the fees provided for by this chapter and the type of new development occurring in the city, in that new residential development results in an increase in population, which in turn creates a demand for park and recreational facilities.

D. There is a reasonable relationship between the amount of the fees provided for by this chapter and the cost of the neighborhood and community park facilities to be acquired and constructed with the public revenues received from such fees, in that the fees are based on the assumption that the cost of providing adequate neighborhood and community park facilities for each unit of new residential development should be equivalent to and not exceed the cost of replacing the city’s existing park and recreational amenities that are presently available and allocable to each unit of existing residential development within the city.

E. The health and safety of the residents of the city and the surrounding region will be protected and promoted by assuring that residential development funds the costs of park and recreation facilities necessary to provide opportunities for exercise, relaxation, recreation and contemplation, all of which promote the health and well-being of city residents. (Ord. No. 2009-012, § 1, 6-1-09)

For purposes of this chapter, the following shall be defined as follows:

A “community park” is a city-owned facility that serves the active and passive recreation needs of the population of several or all planning communities. Community parks are larger in size and serve a broader purpose than neighborhood parks. While the optimal size for community parks is between 20 and 50 acres, its actual size may be based on the land area needed to accommodate desired uses. Active recreational facilities include large play structures, game courts, ball fields for youth play, tennis courts, volleyball courts, basketball courts, swimming pools, and ice skating areas. Passive activity facilities include extensive internal trails, individual and group picnic/sitting areas, general open space and unique landscapes/features, nature study areas, and ornamental gardens.

A “neighborhood park” is a city-owned facility that serves both the active and passive recreation needs of the residents within a planning community. Active recreation facilities, such as play structures, court games, playfield, etc., are intended for informal and unstructured use. Facilities for passive activities include internal trails, picnic/sitting areas, general open space and “people watching” areas. A neighborhood park is typically five acres or less in size.

A “planning community” is a distinct area of the city and composed of a group of neighborhoods with unique characteristics. Figure 3-3 of the 2005 General Plan shows the existing planning communities.

A “public park” is a city-owned facility used for active and passive recreational purposes that is identified in a city park inventory and whose size is used in the calculation of the park acreage standard. (Ord. No. 2009-012, § 1, 6-1-09)

A public park fee shall be assessed and levied upon the owners of residential property located within the city at the time of the occurrence of any of the following events affecting the improvements to and/or use of such property:

A. The construction of a new building on the property containing one or more dwelling units;

B. The construction of alterations or additions to an existing building on the property that adds one or more dwelling units to such existing building; or

C. The change in use of an existing building on the property from a previous nonresidential use to a residential use. (Ord. No. 2009-012, § 1, 6-1-09)

The public park fee assessed and levied upon the owners of residential property pursuant to the provisions of this chapter shall be based on the number of new residential dwelling units being added to the property. The fee amount per unit shall be equivalent to and not exceed the cost of replacing the city’s existing park and recreational amenities that are presently available and allocable to each unit of existing residential development within the city. (Ord. No. 2009-012, § 1, 6-1-09)

Where private open space areas usable for active recreational purposes are provided within a development, a partial credit not exceeding 50 percent of the full public park fee requirements may be given 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, and setbacks 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 is restricted for active recreation purposes and cannot be changed or eliminated without the consent of the city;

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

D. The recreation facilities proposed for the private open space recreation area are similar to those provided on city facilities. (Ord. No. 2009-012, § 1, 6-1-09)

A public park fee shall not be assessed and levied for the following:

A. The replacement of residential units on the property that were damaged or destroyed by fire or other casualty or that was voluntarily demolished during the prior three-year period.

B. Development that is subject to the payment of fees or the dedication of land for park purposes as authorized by the Quimby Act, Government Code Section 66477 et seq., as implemented by Chapter 26.150. (Ord. No. 2009-012, § 1, 6-1-09)

The public park fee assessed and levied on residential development shall be established by a resolution of the city council. The fee shall be determined based upon the assumption that the cost of providing adequate neighborhood and community park facilities for each unit of new residential development should be equivalent to and not exceed the current cost of replacing the city’s existing neighborhood and community park and recreation land and facilities that is allocable to each unit of existing residential development within the city. The amount of the fee shall be computed by dividing the current cost of replacing the city’s existing neighborhood and community park and recreation land and facilities by the total number of existing residential units in the city. (Ord. No. 2009-012, § 1, 6-1-09)

During the fifth year following the city council’s adoption of a resolution initially establishing the amount of the public park fee in the manner provided by this chapter or whenever the park acreage standard is revised, and every fifth year thereafter, the city manager shall cause the public park fee authorized by this chapter to be recalculated in the manner required by this chapter and shall cause such recalculated fees to be incorporated into a proposed resolution amending such fees, and shall present the proposed resolution to the city council for consideration and adoption. However, the failure of the city manager to recalculate such fees and present such proposed resolution to the city council and/or the failure of the council to adopt such resolution shall not invalidate the existing public park fee then in effect. (Ord. No. 2009-012, § 1, 6-1-09)

The public park fee assessed and levied pursuant to the provisions of this chapter shall be due and payable prior to the issuance of a building permit, unless the project has entered into a fee deferral agreement with the city in accordance with Chapter 4.205. (Ord. No. 2009-012, § 1, 6-1-09; Ord. No. 2024-006, § 5, 10-22-24)

All revenues received by the city from the public park fees assessed and levied pursuant to the provisions of this chapter shall be deposited in an interest accruing fund and used solely for the purpose of acquiring and/or constructing neighborhood and community parks. (Ord. No. 2009-012, § 1, 6-1-09)