Chapter 19.15
PARK LAND REQUIREMENTS
Sections:
19.15.010 Applicability; authority; consistency with General Plan.
19.15.020 Dedication of land or payment of fee required.
19.15.050 Payment of in-lieu fees.
19.15.060 Determination of dedication or fee requirements.
19.15.070 In-lieu fees for developments with 50 lots or less.
19.15.080 Credit for private park land.
Cross references: Parks and recreation, Title 4.
19.15.010 Applicability; authority; consistency with General Plan.
This article shall apply to any residential development. These provisions are enacted as allowed by Government Code § 66477 and are consistent with the Parks, Open Space, and Conservation Element of the city’s General Plan.
(Code 1965, § 4330; Code 2002, § 78-91. Ord. No. 86-10; Ord. No. 95-2)
19.15.020 Dedication of land or payment of fee required.
As a condition of any final subdivision map, parcel map, or permit approval to construct any residential structure, including but not limited to any single-family residence or multiple-unit structure, the project sponsor shall dedicate park land, pay a fee in lieu thereof, or both, at the option of the city, for park and recreation purposes as set forth in this article.
(Code 1965, § 4331; Code 2002, § 78-92. Ord. No. 86-10; Ord. No. 95-2)
19.15.030 Standard.
The park land requirement shall be based upon the finding that the public interest, health, welfare, and safety requires five acres of property for each 1,000 persons residing within the city be devoted to local park and recreation purposes.
(Code 1965, § 4332; Code 2002, § 78-93. Ord. No. 86-10)
19.15.040 Calculation.
The park land requirement shall be based upon the density categories expressed in the Land Use Element of the General Plan and the standard cited in section 19.15.030 (five acres per 1,000 persons, which is equal to 0.005 acre or 218 square feet per person). The final requirement shall be determined by multiplying the park requirement per unit by the number of residential units in any project. The calculations and requirements are:
TABLE INSET:
|
Density Requirement/ Unit Classification |
Median Household Population (persons/unit) |
Park Land (square feet/unit) |
|---|---|---|
|
Very low density |
3.2 |
697 sq. ft./unit |
|
Low density |
3.2 |
697 sq. ft./unit |
|
Medium density |
2.2 |
479 sq. ft./unit |
|
High density |
1.9 |
414 sq. ft./unit |
|
Downtown, seniors and special needs housing units |
1.4 |
305 sq. ft./unit |
(1) Definitions of classifications. The classification of downtown, senior, and special needs housing units shall include all of the following residences:
a. Downtown. Any property within the Concord Redevelopment Project Area or within the various downtown land use designations as shown on the General Plan Land Use Element map;
b. Senior units. Includes dwellings restricted to occupancy exclusively by senior citizens. To be accepted, such restrictions must be in a form acceptable to the city and approved by the city;
c. Special needs housing. Housing to accommodate individuals needing special living arrangements, including but not limited to the following: developmentally disabled, handicapped, recovering mentally ill, homeless, congregate care, or adaptive learning;
d. Congregate care. Housing provided in a multiunit building where at least one meal a day is provided at a central dining facility or delivered to the resident’s unit from a central kitchen located on-site. Individual dwellings in a congregate care facility may, in addition to central facilities, contain their own cooking units. Typically, the residents of a congregate care facility are provided a range of services, including: transportation, planned recreation and social activities, and maid and linen services. Congregate care may include: persons capable of independent living who are ambulatory and do not require any nursing care, handicapped persons living in units designed for their use, residential care, intermediate care, and skilled nursing care for persons not capable of independent living who require state-licensed medical or nonmedical 24-hour care.
(2) Exemption for density bonus units. If the city agrees to grant density bonuses or other incentives to a development as part of an affordable housing program, park land requirements shall not be imposed on any units which may be approved in addition to those units allowed by the underlying zoning regulations.
(3) Special provisions for redevelopment projects.
a. Residential developments located within the Concord Redevelopment Project Area which provide indoor or outdoor recreation facilities for the direct benefit of future residents of the development may be granted credit towards fulfillment of the park land requirements as follows:
1. Credit shall not exceed 25 percent of the park land requirement;
2. A determination of the amount of credit shall be based upon consideration of the cost of the recreation improvements to be provided, the amenities and enhancements to be added to the development, and the utility and benefit of such improvements;
3. Such credit may only be granted by the City Council/Redevelopment Agency Board;
4. The credit and the corresponding recreation improvements shall be set forth in a development agreement (DA) between the city/Redevelopment Agency and the project sponsor.
(4) Credit for affordable housing units. The City shall grant a 50 percent credit of the applicable in-lieu Park Land fee for each newly constructed, remodeled, or converted affordable housing unit held affordable under a regulatory agreement.
For purposes of this subsection, “affordable housing unit” means a housing unit newly constructed, remodeled, or converted for very low, low or moderate income households as defined in Health and Safety Code Sections 50079.5, 50093 and 50105, and held affordable under regulatory agreements or covenants for a term as prescribed by State law.
(Code 1965, § 4333; Code 2002, § 78-94. Ord. No. 86-10; Ord. No. 89-17; Ord. No. 05-6; Ord. No. 07-2; Ord. No. 05-10)
19.15.050 Payment of in-lieu fees.
(a) Amount; payment. If the payment of a fee is required in lieu of land dedication, as provided in section 19.15.060, it shall be in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. Said fee shall be paid at the time of the issuance of the building permit, except that, for subdivisions of five or more lots, such fee shall be paid at the time of final map approval.
(1) Alternative land value.
a. Request for appraisal. If a project sponsor disputes the land value used in the Fees and Charges Resolution to set the park land fees, the project sponsor may request the city obtain an appraisal of the subject property by a qualified real estate appraiser. The appraiser shall evaluate the land value of the subject property at its highest and best use considering approval and development of the proposed project to determine the fair market land value. All costs required to obtain such appraisal shall be borne by the project sponsor.
b. Election by city. Conversely, the city may also elect to utilize an appraisal in cases where the land value may be higher than the value used in the Fees and Charges Resolution. The cost for such appraisal shall be borne by the city.
c. Irrevocable election. The election to utilize an appraisal to determine the applicable fee shall be irrevocable and made at any time between project approval and final map submittal. In all cases, the city shall select the appraiser, but may consider appraisers recommended by the project sponsor.
(2) Secondary living units.
a. At the time of occupancy of a secondary living unit, the park land fee shall be paid if the dedications required under the city’s Subdivision Ordinance have not been made or if the in-lieu fee has not been previously paid.
b. The park land fee for secondary living units shall be 50 percent of the very low and low density requirement.
(3) Restoration of damaged residences. Existing residential units damaged or destroyed by more than 50 percent of their value and which are repaired or reconstructed with a building permit issued within one year from the date of damage shall not be required to pay a park land fee.
(b) Review and update of fees. The City Council shall hold a public hearing every three years to determine any changes to the park land fees set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. This hearing shall consider any increase or decrease in residential land costs or other factors during the preceding three year period, and may consider all pertinent information. The city staff shall prepare a report for the City Council’s consideration which uses the most current market information from the preceding three years, on residential land costs with development entitlements and any other pertinent information to determine any change to the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 4334; Code 2002, § 78-95. Ord. No. 86-10; Ord. No. 92-10; Ord. No. 17; Ord. No. 89-17; Ord. No. 87-11; Ord. No. 95-2; Ord. No. 07-2)
19.15.060 Determination of dedication or fee requirements.
(a) At the time of accepting a tentative subdivision map or development plan as complete, and as part of such application, the project sponsor shall indicate any property which is proposed to be dedicated for park and recreational purposes. Alternatively, a fee may be required.
(b) At the time of approving the proposed development, the city shall determine whether to require the dedication of land, payment of a fee, or a combination of both.
(c) The Planning Commission shall consider the following in determining whether any land offered shall be accepted or a fee shall be required:
(1) Parks, Open Space, and Conservation Element of the city’s General Plan; i.e., compatibility of the dedication with this element;
(2) Topography, geology, access, and location of land in the development available for dedication;
(3) Size and shape of the development and the land available for dedication;
(4) Feasibility of the dedication;
(5) Availability of previously dedicated or acquired park property;
(6) Potential use of adjacent land for additional park and recreation purposes.
(d) Flood control areas. Where land areas are necessary for proper flood control and such areas are designed so that they tend to preserve natural topographic features, and where the treatment, design, and regulation of access is approved by the Planning Commission, such areas shall be dedicated to the city for flood control and recreation purposes without credit for park land dedication requirements.
(e) Trails. When land areas are required for public trail purposes, such areas and the improvements in connection therewith, shall be dedicated to the city for trail and recreation purposes. Trails improved in conjunction with a subdivision and dedicated to the city shall be given credit against the requirements of dedication for park and recreation purposes, or the payment of fees in lieu thereof, provided the standards of section 19.15.080 (a) (5) and (6) are met.
(f) Improvements to dedicated land. The value of park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this article. The Planning Commission reserves the right to approve such improvements prior to agreeing to accept the dedication of land and to require in-lieu fee payments should the land and improvements be unacceptable.
(Code 1965, § 4335; Code 2002, § 78-96. Ord. No. 86-10; Ord. No. 95-2; Ord. No. 07-2; Ord. No. 89-17)
19.15.070 In-lieu fees for developments with 50 lots or less.
If a proposed development contains 50 lots or less, the project sponsor shall pay a fee according to the provisions of section 19.15.050. However, should the project sponsor and city mutually agree that a dedication of park land is appropriate for the development, such dedication will be considered in determining whether all or a portion of the requirements of this article have been fulfilled. The dedication of land, payment of fees, or both may be required for a condominium project, stock cooperative, or community apartment project exceeding 50 dwelling units, regardless of the number of lots.
(Code 1965, § 4336; Code 2002, § 78-97. Ord. No. 86-10; Ord. No. 89-17; Ord. No. 95-2)
19.15.080 Credit for private park land.
(a) Where a substantial private park and recreation area is provided in a planned development or real estate development, as defined in Business and Professions Code §§ 11003 and 11003.1, respectively, and the space is to be privately owned and maintained by the future residents of the development, partial credit, not to exceed 25 percent, may be given against the requirement of land dedication or payment of in-lieu fees, if the Planning Commission and City Council find that it is in the public interest to do so and that all the following standards are met:
(1) That yards, court areas, setbacks, land required for flood control or trails, and other open areas required to be maintained by the zoning and building ordinances shall not be considered in the computation of credit for private park land;
(2) That the private ownership and maintenance of the park land is adequately provided for by recorded written agreement, conveyance, or restrictions;
(3) That the use of the private park land is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successors;
(4) That the proposed private park land is reasonably adaptable for use for active recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;
(5) That facilities proposed for the park land are in substantial accordance with the provisions of the Parks, Open Space, and Conservation Element of the General Plan; and
(6) That the park land for which credit is given is a minimum of three acres and is developed for active recreational pursuits such as soccer, golf, baseball, softball, and football, that have at least one acre of maintained turf with less than a five percent slope. Court areas for hard-surfaced court games such as tennis, badminton, shuffleboard, and improved trails may also be included, provided that the park land is a minimum of three acres.
(7) Covenants, conditions, and restrictions for the subdivision and a landscape maintenance agreement, or some other legal mechanism acceptable to the city, for the private park land for which credit has been given shall be submitted to the city prior to approval of the final subdivision map and shall be recorded concurrently with the final subdivision map.
(b) The Planning Commission shall make written findings that the above standards are met and shall make a recommendation to the City Council concerning the amount of credit to be granted against fulfillment of the park land requirements. Improvement plans and final subdivision maps may not be submitted for review until such time as the City Council has made a determination regarding private park land credits for the project.
(Code 1965, § 4337; Code 2002, § 78-98. Ord. No. 89-17; Ord. No. 86-10; Ord. No. 95-2)
19.15.090 Appeals.
If an appeal to the City Council is otherwise provided for in this Code in conjunction with the approval of the development, then that appeal process shall be used if there are any disagreements arising from the decision of the Planning Commission or the application of this article by the city staff. In the absence of an appeal process otherwise provided for in this Code, any disagreement with the decision of the Planning Commission or the application of this article by the city staff shall be appealable to the City Council in accordance with section 2.05.040 of this Code.
(Code 1965, § 4338; Code 2002, § 78-99. Ord. No. 86-10)