A credit against the development fee may be given for the following recreation improvements:
A. An amount equal to the value of any improvements and any equipment which are in conformity with the open space, conservation and recreation element of the general plan which are dedicated to the city along with dedicated park land.
B. Private park and recreation facilities, subject to review and approval by the parks and recreation commission, which meet the standards described below.
1. That yards, court areas, and other open areas required by the city zoning regulations and the Uniform Building Code, shall not be included in the computation of park and recreation area;
2. Ongoing maintenance of the area is provided;
3. That the use of the private area is restricted for park and recreation purposes and that the legal documents be recorded which will run with the land in favor of the future property owners of the property; and that when a portion of a private recreational area is also reserved for storm drainage purposes, that portion of the private recreational area as determined by the city engineer, shall not be considered for credit;
4. That the private area is reasonably adequate for park and recreational purposes;
5. That developments containing four or more acres of private recreational areas must contain at least four of the following improvements, of which at least two improvements shall be from the active list;
Active Recreational Areas | |
Facility | Acres |
a. Children's play area with apparatus | .50 |
b. Court game areas (i.e., volleyball, basketball, handball, tennis, shuffleboard or other similar hard-surfaced areas for court games) | .25 |
c. Turfed open play spaces for active recreation such as soccer, golf, softball, etc., with associated facilities, etc. | 1.0 |
d. Swimming pool with adjacent deck and lawn area | .25 |
e. Recreation and/or social center | .15 |
f. Other active park and recreational facilities as approved by the park and recreation commission | |
Passive Recreational Areas | |
Facility | Acres |
a. Family picnic areas | .25 |
b. Pathways and trails (well-drained landscaped corridors with 6' to 10' wide paths/trails) along waterways and/or to open spaces within the development | N/A |
c. Landscaped open space with "quiet" areas (shade trees, benches, etc.) | .50 |
d. Turfed areas for open or free play | 1.0 |
e. Natural area preservation/enhancement (waterways, oak trees, and groves, etc. including buffers/transition areas) | Site Specific |
f. Other passive park and recreational facilities as approved by the park and recreation commission | |
6. That developments containing less than four acres of private recreational area shall have at least one of the above active or passive improvements for each acre developed. If the area required for open space is two acres or more, at least one of the above active improvements shall be required;
7. That the private open space exceeds five percent of the net site area as defined in the zoning regulations;
8. That phased developments with private park and/or recreational facilities, shall conform to subsection (B)(5) of this section, in the aggregate, as each phase in combination with any previous phase is developed.
C. The park and recreation commission may consider allowing development fee credits to subdivisions and PRD's approved prior to adoption of the ordinance only when it can be demonstrated that the private park and/or recreational facilities have been made accessible (visually and/or physically) to the general public. Methods to consider in evaluating requests include, but are not limited to:
1. Siting public vs. private uses adjacent to waterways or natural features (i.e., Valley Oaks singly or in clusters) using "single-loaded", loop or cul-de-sac streets to promote access;
2. Prohibiting back-on and side-on lot development adjacent to waterways or natural resource areas;
3. Establishing development setbacks along waterways and/or natural resource areas including space for trails and bikeways;
4. Restoring/enhancing habitat along waterways and/or natural resource areas.
D. When the park and recreation commission has determined that a previously approved development qualifies for development fee credit consideration, based on the guidelines above, the commission shall conduct a public hearing to evaluate the request for consistency with all the standards outlined in Section 12.36.090(B). The park and recreation commission shall make written findings and forward a recommendation to the city council for final action.
E. The amount of the development fee credit for private park and recreation facilities shall be equal to the fraction of the total required land acquisition which is provided in the private park and recreation facilities, as specified in Section 12.36.050, multiplied times the total development fee for the residential development. The development fee credit for private park and recreation facilities shall not exceed seventy-five (75) percent of the required development fee.
F. The city council may reduce, waive or supplement the acquisition fee and/or development fee where it finds that such waiver or reduction will promote the construction of housing for low- and moderate-income households where it makes a finding that other monies are available to construct the necessary park and recreation facilities.
G. All fee credits provided for under this section shall be implemented through a development agreement as provided for in Chapter 17.60. (Prior code § 7065.2)