(A) Planned developments and real estate developments, as defined in Cal. Bus. and Prof. Code § 11003, respectively, shall be eligible to receive a credit, as determined in this section, against the amount of land required to be dedicated, or the amount of the fee imposed, for the value of private open space within the development which is usable for active recreational uses.
(B) Park and recreational uses shall include land and facilities for the activity of recreational community gardening, which activity consists of the cultivation by persons other than, or in addition to, the owner of such land, of plant materials not for sale.
(C) Credit shall be computed on an acre-for-acre basis. A minimum of two acres of contiguous private open space or private recreational facilities shall be provided before any credit shall be given. A maximum credit of six and three-fourths acres shall be allowable for such private open space or private recreational facilities.
(D) To be eligible for credit for private recreation improvements, the following standards shall be met:
(1) That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building laws and regulations shall not be included in the computation of such private open space;
(2) That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions;
(3) 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 the property and which cannot be defeated or eliminated without the consent of the city or its successor;
(4) 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;
(5) That the facilities proposed for open space are in substantial accordance with the provisions of the Park and Recreation Element of the General Plan of the city; and
(6) That the open space for which credit is given is a minimum of two acres and provides a minimum of four of the following Local Park Basic Elements or a combination of such and other recreational improvements which will meet the specific recreation park needs of the future residents of the area. The following table represents the minimum acreage required before credit will be given for a particular element and the maximum credit which will be allowed for each element, though the element may encompass a larger area:
Criteria List | Acres | |
Minimum | Maximum | |
Children's play apparatus areas
|
.50
|
.75
|
Family picnic areas
|
.25
|
.75
|
Landscape park-like and quiet areas
|
.50
|
1.00
|
Game court areas
|
.25
|
.50
|
Turf playfields
|
1.00
|
3.00
|
Swimming pools with adjacent deck and lawn areas
|
.25
|
.50
|
Recreation center buildings
|
.15
|
.25
|
(E) In smaller developments where less than two acres of contiguous private open space or recreational facilities are provided, credit shall be granted on an acre-for-acre basis for the space or facilities so provided.
(F) Before credit is given, the Parks and Recreation Commission shall make written findings that the standards set forth in this section are met and shall report the same to the Planning Commission which shall in turn recommend to the Council.
('66 Code, § 9-4.1010) (Ord. 561-C-S, passed 1-19-84)