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HomeMy WebLinkAboutMINUTES - 09181984 - 1.42 IFi ORDINANCE NO. 84-_46_ (Park Dedication Requirement Changes ) The Contra Costa County Board of Supervisors ordains as follows ( omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code ) : SECTION 1 . Chapters 920-4 , 920-6 , 920-8 , and 920-10 of the County Ordinance Code are amended , to provide for neighborhood and com- munity purposes , exemptions , credits and fee changes to read : CHAPTER 920-4 RE9UIREMENTS 920_4 . 002 Subdivisions . As a condition of approval of a pre- liminary ----- - liminary or final deve--l-opm--- ent plan , tentative or final map or par- cel map (which are hereinafter referred to as development ) , the developer of land for residential use , excluding that land which is exempt as provided in the Subdivision Map Act , shall dedicate land , pay a fee in lieu thereof , or do a combination of both , for neighborhood and community park or recreational purposes . (Ords . 84-46 §1 , 78-5 . ) 920-4 . 004 Single_parcel_dev_elopment . As a condition of approval of any permit to build a principal residential structure , including but not limited to a multiple family structure or trailer (mobile home ) part;, an owner shall pay a fee for neigh- borhood and community park or recreational purposes in accordance with the same standards as if a final map or parcel map were required . (Ords . 84- 46 §1 , 78-5 . ) 920_4_006 Exemptions_and Proviso. --- --- ---- ------- ( 1 ) The provisions of this division do not apply to : a . Subdivisions containing less than five parcels and not used for residential purposes . b. Commercial or industrial subdivisions . c . Condominium projects or stock cooperatives which con- sist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added . (2 ) Provided , however , that if a building permit is requested for construction of a residential structure or struc- tures on one or more of the parcels exempted by subsection ( 1 ) of this section the fee shall be required to be paid by the owner of each suchparcel as a condition to the issuance of such permit . (Ords . 84- 46 §1 , 78-5 . } 920-4 . 008 Disaster . A permit to repair or rebuild a dwelling unit which was damaged by fire , act of God, or other natural disaster , shall be exempt from the provisions of this division if the permit is applied for within one year of the damage or destruction. (Ord. 84- 46 §1 : prior code §920-12 . 014 : Ord . 78-5 . ) ORDINANCE NO. 84- 46 0©11-1 CHAPTER 920-6 STANDARDS FOR AREA AND FEES ------------- --------------------------- 920-6 . 002 Dedication . The total area required to be dedi - cated shall be computed by multiplying the number of dwelling units to be included in the development by three hundred and fifty square feet . As used in this division , "dwelling unit " means a building or a portion thereof , or a mobile home , designed for residential occupation by one person or a group of two or more persons living together as a domestic unit . (Ords . 84- 46 §1 , 78-5 . ) 920-6 . 004 Amount of fee . When fees are to be paid in lieu of --------- -------------- - land dedication , such fees shall be four hundred dollars per dwelling unit . A combination of fee payment and land dedication is permissible if approved by the planning agency . (Ords . 84- 46 §1 , 78-5 . ) CHAPTER 920-8 CREDIT AND PRIVATE SPACE ------------- ------------------------ 920_8 . 002 Public_improvements_credit . If the subdivider pro- vides park and recreational improvements to land dedicated for Public park purposes , the value of the improvements together with tiny equipment located thereon shall he a credit , as determined by the planning agency , against the payment of fees or dedication of land required by this division . (Ord . 84- 46 §1 . ) 920_8_004 Partial credit for_private_seace_ Where private area for park and recreational purposes is provided in a proposed development and such area is to be privately owned and maintained by the future owner ( s ) of the development , partial credit may be given by the planning agency not to exceed fifty percent against the requirement of land dedication or payment of fees in lieu thereof if the planning agency finds that it is in the public interest to do so and that all the standards set forth in Section 920-8 . 006 are met . (Ords . 84- 46 §1 , 78-5 . ) 920-8 . 006 Standards . The standards are : --------- ---------- ( 1 ) 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 areas ; and ( 2 ) That the private ownership and maintenance of the area is adequately provided for by recorded written agreement , covenants or restrictions ; and ( 3 ) That the use of the private area is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be amended or eliminated without the consent of the county , or its successor ; and (4 ) That the proposed private area is reasonably adaptable for use for park or recreational purposes , taking into con- sideration such factors as size, shape , topography , geology , access and location ; and ( 5 ) That facilities proposed for the area are in substantial accordance with the provisions of the recreational. element of the general plan ; and -2- ORDINANCE NO. 84-46 -------------------- ( 6 ) That the area for which credit is given is a minimum of two contiguous acres and provides a minimum of four of the local park basic elements listed below, or other recreational ' improve- ments that will meet the specific recreation park needs of the futre residents of the area : Criteria List Acres (A) Children—'s play apparatus area . 50 - . 75 (B) Landscape park- like and quiet area . 50 - 1 . 00 (C) Family picnic area . 25 - . 75 (D) Game court area . 25 - . 50 ( E) Turf playfield 1 . 00 - 3 . 00 ( F) Swim pool (42 ft . x 75 ft . with adjacent deck and lawn area ) . 25 - . 50 (G) Recreation center building . 15 - . 25 (H) Recreation Community gardening . 10 - . 25 (Ords . 84-4651 , 78-5 . ) CHAPTER 920-10 USE ANI) TIME LIMITS -------------- ------------------- 920_10 . 002 Use of land and fees . The land , fees , or com- ------ --- ------- ---- ---- bination thereof are to be used only for the purpose of developing new or rehabilitating existing park or recreation facilities which will serve future residents of such development ; but if the county general plan or a specific plan contemplates a larger or more significant recreation development ( such as an area or community park) which will serve an area including the development , the dedicated land or fees may be devoted to such use . (Ords . 84- 46 §1 , 78-5 . ) 920-10 . 004 Establishment and de_velopment_time . The planning ---------- -------------------- agency , in agreement with the local agency having park respon- sibility, if available, shall assure the establishment and deve- lopment of the park and recreational facilities as the area develops and such facilities become necessary . A schedule for use of the funds will be maintained by the planning department . (Ords . 84- 46 S1 , 78-5 . ) 920-10. 006 Hold or transfer . All land so dedicated or fees ---------- paid shall shall be held by the county only for such purpose , but the county may transfer such land and/or fees to a local agency having authority to develop new or rehabilitate existing park and recreation services in the area . (Ord. 84-46 _S1 , 78-5 . ) SECTION 11 . Section 920-12 . 002 of the C;ottnty Ordinance Code is amended , to limit dedications to fees where a subdivision contains 50 parcels or less , to read : 920-12 . 002 General . At the time of filing a tentative map or ---------- ------- other development for approval , the developer shall , as a part of such filing, indicate whether he prefers to dedicate land for park and recreation purposes , or to pay a fee in lieu thereof , or do a combination of these . If he prefers to dedicate land, he shall suggest the specific land . Only the payment of fees is required for subdivisions containing fifty parcels or less . (Ords . 84-46_82 , 78-5 . ) -3- ORDINANCE NO. 84-46 --------------------- 00.113 ) SECTION III . Section 920-12 . 012 of the County Ord,inanee Code is amended , to provide for refunds by the planning director and not the board , to read : 920-12 . 012 Refunds . (a ) If a final subdivision map or par- cel map is va—cated , andif the county still retains the land or fees , and if the applicant so requests , the director of planning shall order return to him of such land or fees . ( b) If a building permit is cancelled or voided , and if the county still retains the fee , and if the applicant so requests , the director of planning shall order return to him of such fee . (Ords . 84- 1.LE_§3 , 78-5 . ) SECTION IV. Section 920-12 . 014 is repealed . 10rdS . 84--LLE§4 , 78-5 : see 5920-4 . 008 . ) SECTION V. EFFECTIV_F, DATE: This ordinance becomes effective 60 days after passage , and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the Martinez News Gazette —_, a newspaper published in this County . PASSED and ADOPTED on — Seetember 18_„_ 1984 -------, by the following vote : AYES : Supervisors - Powers , Fanden, McPeak, Torlakson NOES : Supervisors - none ABSENT: Supervisors - Schroder ABSTAIN: Supervisors - none ATTEST: PHIL BATCHELOR, Co . Administrator and Clerk of the Board x�eputy Jeann�M 110 Chairman o.f ttie Board [ SEAL VJ%V: df ( 9-4-84) 4- ORDINANCE NO. 84- ------------------- 00-11'1