Chapter 24.48
PARK AND RECREATION DEDICATION AND FEES
Sections:
24.48.010 Enactment authority.
24.48.020 Requirements generally.
24.48.030 Ratio of property to population.
24.48.050 Procedure where no facility is designated on park and recreational plan.
24.48.060 Requirements for subdivisions over 50 lots.
24.48.070 Fee in lieu of land dedication – Determination of amount.
24.48.080 Requirements when subdivision is in an area to be included in general plan.
24.48.090 Council determination of dedication or fee.
24.48.100 Partial credit for privately owned space.
24.48.110 Determination by council – Time for dedication and/or payment.
24.48.120 Commencement of work.
24.48.130 Exceptions to chapter provisions.
24.48.010 Enactment authority.
This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California. 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 recreational element of the general plan of the city of Pacific Grove, adopted by the city of Pacific Grove on July 1, 1959, and as amended. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.12.010].
24.48.020 Requirements generally.
As a condition of approval of a final 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 this chapter. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.12.020].
24.48.030 Ratio of property to population.
It is found and determined that pursuant to the city of Pacific Grove’s general plan, the public interest, convenience, health, welfare, and safety require that at least five acres of property for each 1,000 persons residing within this city be devoted to local park and recreational purposes. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.12.030].
24.48.040 Schedule and fees.
Where a park or recreational facility has been designated in the city of Pacific Grove’s park and recreational plan, an element of the general plan of the city, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula:
|
Average No. of Persons/Unit ÷ |
1,000 population |
|
park acreage standard |
Example for single-family DU:
ac/U
The following table of population density is to be followed:
|
Type of Dwelling |
Average No. of Persons/DU |
Density and Range |
Acreage/DU 5 ac. std. |
|
Single-Family |
3.6 |
3.3 and up |
0.0180 |
|
Duplex |
3.1 |
3.0 – 3.2 |
0.0155 |
|
Multiple (2 BR or more)1 |
2.8 |
2.6 – 2.9 |
0.0140 |
|
Multiple (1 BR)1 |
2.3 |
2.2 – 2.5 |
0.0115 |
|
Multiple (Studio)1 |
1.8 |
1.5 – 2.1 |
0.0090 |
1. Multiple units other than duplex.
[Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.12.040].
24.48.050 Procedure where no facility is designated on park and recreational plan.
(a) If there is no park or recreational facility designated in the city of Pacific Grove’s park and recreational plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in PGMC 24.48.040 and in an amount determined in accordance with the provisions of PGMC 24.48.040, such fee to be used for a local park which will serve the residents of the area being subdivided.
(b) If the proposed subdivision contains 50 parcels or less, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in PGMC 24.48.040 and in an amount determined in accordance with the provisions of PGMC 24.48.040.
(c) The money collected under this section shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the city council deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.12.050].
24.48.060 Requirements for subdivisions over 50 lots.
In subdivisions of over 50 lots, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:
(a) When only a portion of the land to be subdivided is proposed on the city of Pacific Grove’s park and recreational plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of PGMC 24.48.040 shall be paid for any additional land that would have been required to be dedicated pursuant to PGMC 24.48.040.
(b) When a major part of the local park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provisions of PGMC 24.48.040 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to PGMC 24.48.040, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.12.060].
24.48.070 Fee in lieu of land dedication – Determination of amount.
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 the land which would otherwise be required to be dedicated pursuant to PGMC 24.48.040. The fee shall be paid pursuant to the provisions contained in PGMC 24.48.040. The fair market value shall be determined at the time of filing the tentative map or parcel map.
In no event shall the fee computation require a greater rate of payment than $275.00 for each person according to the schedule contained in PGMC 24.48.040. Such amount shall be increased or decreased in accordance with changes in the San Francisco Bay Area Consumer Price Index. For such purposes, a condominium dwelling unit shall be considered a single-family dwelling. In the event the subdivision involves land already used for dwelling units, a credit shall be allowed for each person produced by said schedule as to such existing units. [Ord. 09-005 § 37, 2009; Ord. 1258 N.S. § 1, 1981; Ord. 879 N.S. § 4, 1976. Formerly 24.12.070].
24.48.080 Requirements when subdivision is in an area to be included in general plan.
Where the proposed subdivision lies within an area not then, but to be included within the city’s general plan, the subdivider 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. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.12.080].
24.48.090 Council determination of dedication or fee.
Whether the city council 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:
(a) Recreational element of the city’s general plan;
(b) Topography, geology, access, and location of land in the subdivision available for dedication;
(c) Size and shape of the subdivision and land available for dedication;
(d) The feasibility of dedication;
(e) Compatibility of dedication with the city of Pacific Grove’s park and recreational plan; and
(f) Availability of previously acquired park property.
The determination of the city council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.12.090].
24.48.100 Partial credit for privately owned space.
Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50 percent, 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 the following standards are met:
(a) That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;
(b) That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions;
(c) That the use of the private open space 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 successor;
(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 location;
(e) That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan;
(f) That the open space for which credit is given is a minimum of three acres and provides a minimum of five of the local park basic elements listed below, or a combination of such and other recreational improvements that will meet the specific recreational park needs of the future residents of the area:
(1) Children’s play apparatus area: 0.50 to 0.75 acre;
(2) Landscaped park-like and quiet areas: 0.50 to 1.00 acre;
(3) Family picnic area: 0.25 to 0.75 acre;
(4) Game court area: 0.25 to 0.50 acre;
(5) Turf playfield: 1.00 to 3.00 acres;
(6) Swim pool (42 feet by 75 feet) with deck and lawn: 0.25 to 0.50 acre;
(7) Recreation center building: 0.15 to 0.25 acre.
Before credit is given, the city council shall make written findings that the standards set out in this section are met. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.12.100].
24.48.110 Determination by council – Time for dedication and/or payment.
At the time of approval of the tentative map, the city council shall determine, pursuant to PGMC 24.48.040, the land to be dedicated and/or fees to be paid by the subdivider.
At the time of the filing of the final subdivision map, the subdivider shall dedicate the land as previously determined by the city council. Where the city council has determined that the fees shall be paid in lieu of or in addition to the dedication of land, the subdivider shall pay said fees in accordance with the following schedule:
(a) For any subdivision consisting of 10 or more lots, the fees shall be paid, in their entirety, prior to the issuance of any building permit for any building or structure to be located upon any lot in the subdivision.
(b) For any subdivision consisting of nine or less lots, the fee shall be paid on a lot-by-lot basis and prior to the issuance of any building permit for any building or structure to be located upon any one of the lots in the subdivision.
Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final subdivision map and shall be recorded contemporaneously with the final subdivision map. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.12.110].
24.48.120 Commencement of work.
At the time of approval of the final subdivision map, the city council shall specify when development of the park or recreational facilities shall be commenced. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.12.120].
24.48.130 Exceptions to chapter provisions.
The provisions of this chapter shall not apply to subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.
The provisions of this chapter also shall not apply to industrial subdivisions; nor to condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added; nor to parcel maps for a subdivision containing less than five parcels for a shopping center containing more than 300,000 square feet of gross leasable area and no residential development or uses. [Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.12.130].