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HomeMy WebLinkAboutMINUTES - 05131997 - SD6 TO: BOARD OF SUPERVISORS FROM: VAL ALEXEEFF,DIRECTOR GROWTH MANAGEMENT&ECONOMIC DEVELOPMENT AGENCY DATE: MAY 1.3, 1997 SUBJECT: NEW PARK DEDICATION FUND DISBURSEMENT PROCEDURES SPECIFIC REQUEST(S)OR RECOMMENDATTON(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: ACCEPT report from GMEDA Director regarding new procedures for disbursement of park funds and DIRECT GMEDA Director to implement the procedures with appropriate departments. FISCAL IMPACT: Administrative costs related to these procedures are included in the recommendations and should prevent an impact to the departments. BACKGROUND/REASONS FOR RECOMMENDATIONS: On October 8, 1996,the Board of Supervisors directed the GMEDA Director to develop a new park district fund disbursement plan in cooperation with affected departments. This item has gone before the Finance Committee in coordination with other issues raised by the Finance Committee. It is before the full Board today for adoption. Please see the attached report. CONTINUED ON ATTACHMENT. X YES SIGNATURE: J RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMIVIITTEE —APPROVE —OTHER SIGNATUREM: ACTION OF BOARD ON May 13, 1997 APPROVED AS RECOMMENDED,_ OTHER X ACCEPTED report from GMEDA Director regarding the proposed new procedures for disbursement of park funds; and DIRECTED GMEDA Director to address the Board's comments regarding the proposed new procedures, to circulate the proposed procedures to interested parties for comment, and to report back to the Board within 90 days with recommendations. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT'COPY OF AN ACTION TAKEN AND ENTERED X UNANIMOUS(ABSENT ------ ) ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ATTESTED --Ma%L 13. 1997 ABSENT: ABSTAIN: PHIL A CLE F 1 5 l"O OR VA-dg BY DE parkfund.bo Contact: Val Alexeeff(646-1620) CC: County Administrator County Counsel GMEDA Departments PROPOSED PARK FEE PROCESS FOR COLLECTION , DISTRIBUTION AND MONITORING 1. Subdivision approval includes an advisory of the park fee ordinance requirement. The approval should include a condition on the park facility options and preferences for the property. If the subdivision is to pay in-lieu fees, the appropriate options for expenditure of those fees should be identified. At the time of project review, interested parties in the vicinity shall be notified of the potential existence of funds and/or facilities. Final review should incorporate total land and fees to be provided and the expectation of how and where those fees will be structured. There should also be an estimate of when land will be accepted and when fees will be spent. Should a park proposal be identified and accepted from a district, city or other public entity, they shall be notified upon final approval of the subdivision map. (CDD by July 1) 2. A park account will be established for all subdivisions that have been approved and will pay in-lieu fees. The planning sheet for the account will indicate census tract location of the project, number of units, and fees anticipated based on land/unit formula. The sheet shall be used to monitor timeframe for expenditure of funds. (CDD or PW by July 1) 3. Funds to be disbursed from the park account shall be distributed to one of the following recipients. a. A special district within the census tract of the subdivision that oversees development and maintenance of park facilities. b. A city or appropriate government agency that has been determined to provide park and ride facilities within the census area. C. An organization that may be an incorporated non-profit that is developing facilities with the census area. d. Should none of the entities above within the census tract be interested, funds may be distributed outside the census tract provided a nexus can be demonstrated to the land paying the fee, e.g. soccer or baseball fields proximate to the subdivision as defined by league boundaries and accessible to the general public outside league play times. VA:dg parkfees.t3 2 (9/1/97) 1 5. The County may elect to require review of proposals, plans, and cost estimates by an appropriate professional to review costs and design at the applicant's expense. 6. To receive payment, an invoice must be submitted and the information listed above current or by prior agreement. 7. The developer may elect to build facilities which will necessitate a work program, cost estimates, and agreement from participating entities. Plans to be reviewed for developer construction and receipt of credit shall follow flood control procedure. 8. Fund transfers shall be subject to audit and proof of completion. 9. The additional administration of park fees which may include, a. Communication with interested parties in ways such as newsletters, public forums, interviews, and so forth. b. Facility organization such as master plans, park evaluations, and similar management tools. C. Review of proposals through review of parcels or other means. d. Administrative oversight such as setting up files and accounts, tabulating data, monitoring timeframes, and checking invoices. e. These activities will be reimbursed to actual timesheets and invoices from no more than 15%of the interest on current accounts. 10. Special projects by the Board that can be shown to benefit park and recreation services in the unincorporated area may also utilize specific amounts of park dedication interest, e.g. parks master plan. VA:dg parkfees.t3 4 (4/1/97) J e. Competing proposals will be evaluated for proximity to the development, benefit to residents, and universality of access, as determined by the Community Development Director. Park fees can be expended upon the following: a. Purchase of land. b. Purchase or improvement of park and recreation facilities. C. Purchase of infrastructure, such as drainage lines or bridges, necessary for a specific park site. d. Park and recreational facilities' design. The intent of these funds is to provide funding for facility development and improvement, not employee salaries or routine maintenance. 4. In order to receive commitment from the County, entities, interested parties shall submit the following information: a. Description of current and proposed facilities. b. Location where the funds will be used. C. Cost of the project and other contributions. d. Statement of how this project will benefit fee-paying residents. e. Description of proposed improvements. f. Timetable for expenditure of funds. g. Description of property to be acquired. VA:dg parkfees.t3 3 (4/1/97) GENERAL PROVISIONS 918-2.002-920-2.006 • ATTACHMENT A uiv brit and in Division 920 of ite PARK DEDICATIONS Chapters: 920-2 General 920-4 Requirements 920-6 Standard for Areas and Fees 920-8 Credit and Private Space 920-10 Use and Time Limits 920-12 Procedures Chapter 920-2 GENERAL Sections: 920-2.002 Authority. 920-2.004 Plan. 920-2.006 Regulation. 920-2.002 Authority. This division is enacted pursuant to the authority granted by Government Code Section 66477 and the Constitution of the state. (Ord. 78-5). 920-2.004 Plan. The park and recreational facilities, for which dedication of land and/or us payment of a fee are required, shall be in he accordance with the recreation element of the to general plan. (Ord.78-5). 920-2.006 Regulation. The board may from ses time to time, by resolution, issue regulations to c a establish administration, procedures, en interpretation and policy direction under this :he division. (Ord. 78-5). of fa :he ide its. a- ide ien 440-5 (Contra Costa County 12$9) REQUIREMENTS 920-4.002-920-6.206 Chapter 9204 9204.008 Disaster. A permit to repair or rebuild a dwelling unit which was damaged by REQUIREMENTS 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 Sections: the damage or destruction. (Ord. 8446 § 1: 9204.002 Subdivisions. formerly code § 920-12.014: Ord. 78-5). 920-4.004 Single parcel development. 9204.006 Exemptions and proviso. 920-4.008 Disaster. Chapter 920-6 STANDARDS FOR AREA AND FEES 9204.002 Subdivisions. As a condition of approval of a preliminary or final development plan, tentative or final map or parcel map Article 920-6.2 General (which are hereinafter referred to as develop- Sections: ment), the developer of land for residential use, 920-6.202 Dedication. excluding that land which is exempt as pro- 920.6.204 Amount of fee. vided in the Subdivision Map Act, shall dedicate 920-6.206 Combination. land, pay a fee in lieu thereof, or do a combina- Article 920-6.4 Greater Alamo Area tion of both, for neighborhood and community Sections: park or recreational purposes. (Ords. 84-46 § 1 920-6.402 Dedication. (part), 78-5). 920-6.404 Amount of fee. Article 920-6.6 East County Area 920-4.004 Single parcel development. As a Sections: condition of approval of any permit to build a 920-6.602 Amount of fee. principal residential structure, including, but not limited to, a multiple-family structure or Article 920-6.2 trailer (mobile home) park, an owner shall pay a General fee for neighborhood and community park or recreational purposes in accordance with the 920-6.202 Dedication. Except as otherwise same standards as if a final map or parcel map provided in this chapter for specifically describ- were required. (Ords. 84-46 § 1 (part), 78-5). ed territory, the total area required to be dedicated shall be computed by multiplying 920-4.006 Exemptions and proviso. (a)The the number of dwelling units to be included in provisions of this division do not apply to: the development by three hundred fifty square (1) Subdivisions containing less than five par- feet. As used in this division, `.`dwelling unit" cels and not used for residential purposes; means a building or a portion thereof,. or a (2) Commercial or industrial subdivisions; mobile home, designed for residential occu- (3) Condominium.projects or stock cooper- pation by one person or a group of two or atives which consist of the subdivision of air- more persons living together as a domestic space in an existing apartment building which is unit. (Ords. 86-60 § 2, 84-46 § 1 (part), 78-5). more than five years old when no new dwelling units are added. 920-6.204 Amount of fee. Except as other- (b) Provided, however, that if a building per- wise provided in this chapter for specifically mit is requested for construction of a residential described territory, when fees are to be paid in structure or structures on one or more of the lieu of land dedication, such fees shall be two parcels exempted by subsection (a) of this thousand dollars per dwelling unit. (Ords. 90-17 section, the fee shall be required to be paid by § 2,86-60 § 2,84-46 § 1,78-5). the owner of each such parcel as a condition to the issuance of such permit. (Ords. 84-46 § 1 920-6.206 Combination. A combination of (part), 78-5). fee payment and land dedication is permissible if approved by the planning agency. (Ords. 86-60 § 2,84-46 § 1 (part),78-5). 441 (Contra Costa County 6-90) 920-6.402-920-8.006 SUBDIVISIONS Article 920-6.4 agency, against the payment of fees or dedica- Greater Alamo Area tion of land required by this division. (Ord. ' 84-46 § 1 (part)). 920-6.402 Dedication. Within the territory in the unincorporated area of this county within 920-8.004 Partial credit for private space. Federal Census Tracts No. 3420, 3440, 3452.0 1, Where private area for park and recreational pur- 3461.01, 3461.02, . 3462.01 and 3462.02, poses is provided in a proposed development and based on the 1980 federal census, the total such area is to be privately owned and main- area required to be dedicated shall be com- tained by the future owner(s) of the develop- puted by multiplying the number of dwelling ment, partial credit may be given by the plan- units to be included in the development by ning agency not to exceed fifty percent against four hundred square feet. (Ord. 86-60 § 2). the requirement of land dedication or payment of fees in lieu thereof if the planning agency 920-6.404 Amount of fee. Within the finds that it is in the public interest to do so territory in the unincorporated area of this and that all the standards set forth in Section county within the Federal Census Tracts 920-8.006 are met. (Ords. 84-46 § 1 (part), enumerated in Section 920-6.402, when fees 78-5). are to be paid in lieu of land dedication, such fees shall be one thousand one hundred dollars 920-8.006 Standards. The standards are: per dwelling unit. (Ord. 86-60 § 2). (1) Yards, court areas, setbacks and other open areas required to be maintained by the Article 920-6.6 zoning and building ordinances and regulations East County Area shall not be included in the.computation of such 920-6.602 Amount of fee. Within the terri- private areas;and tory in the unincorporated area of this county of( the Theprivate is adequatelyownership and maintenance within the territorial jurisdiction of the East provided for by .1 recorded written agreement, covenants or County Regional Planning Commission,described restrictions;and in Section 26-2.1512, when fees are to be paid (3) The use of the private area is restricted in lieu of land dedication, such fees shall be one for park and recreational purposes by recorded thousand three hundred fifty dollars per covenants which run with the land in favor of dwelling unit. (Ord. 90-6 § 2, 87-81 § 2). the future owners of property within the tract and which cannot be amended or eliminated without the consent of the county, or its succes- Chapter 920-8 sor;and CREDIT AND PRIVATE SPACE (4) The proposed private area is reasonably adaptable for use for park or recreational pur- poses, taking into consideration such factors as size, shape, topography, geology, access and Sections: location;and. 920-8.002 Public improvements credit. (5) Facilities proposed for the area are in sub- 920-8.004 Partial credit for private stantial accordance with the provisions of the space. recreational element of the general plan; and 920-8.006 Standards. (6) The area for which credit is given is a minimum of two contiguous acres and provides 920-8.002 Public improvements credit. If a minimum of four of the local park basic ele- the subdivider provides park and recreational ments listed below, or other recreational improvements to land dedicated for public park improvements that will meet the specific recrea- purposes, the value of the improvements tion park needs of the future residents of the together with any equipment located thereon area: shall be a credit, as determined by the planning i (Contra Costa County 6-90) 442 USE AND TIME LIMITS 920-10.002-920-10.004 Criteria List Acres (A) Children's play apparatus area .50 — .75 (B) Landscape park-like and quiet area so — 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 adja- cent deck and lawn area) .25 — .50 (G) Recreation center building .15 — .25 (H) Recreation community gardening .10 — .25 (Ords. 84-46 § I (part), 78-5). Chapter 920-10 USE AND TIME LIMITS Sections: 920-10.002 Use of land and fees. 920-10.004 Establishment and development time. 920-10.006 Hold or transfer. 920-10.002 Use of land and fees. The land, fees or combination thereof are to be used only for the purpose of developing new or reliabilitat- ing 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 recream tion 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 § I (part), 78-5). 920-10.004 Establishment and development time. The planning agency, in agreement with the local agency having park responsibility, if available, shall assure the establishment and de- velopment 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 § I (part), 78-5). 447-I (Contra Costa County 11-96) PROCEDURES 920-10.006-920-12.012 920-10.006 Hold or transfer. All land so combination with dedicated lands in the 7 dedicated or fees paid shall be held by the formation of local park and recreation facilities; ' county only for such purpose, but the county and may transfer such land and/or fees to a local (5) The space or local recreation facilities to agency having authority to develop new or re- be privately owned and maintained by future habilitate existing park and recreation services residents of the development. (Ord. 78-5). in the area. (Ords. 84-46 § 1 (part), 78-5). 920-12.006 Prerequisite for approval of final map, parcel map, or building permit. (a) Chapter 920-12 Land. When land is to be dedicated, it shall be offered for dedication in substantially the same PROCEDURES manner as for streets and other easements. (b) Fees. When a fee is required, it shall be Sections: paid to the county prior to approval of the final 920-12.002 General. map, parcel map, or building permit, whichever 920-12.004 Decision—Factors. first occurs. Fees shall be placed in a local park 920-12.006 Prerequisite for approval or recreation facilities trust fund. (Ord. 78-5). of final map, parcel map, or building permit. 920-12.008 Trust — Administration. The 920-12.008 Trust—Administration. land and fees shall be held in trust by the county 920-12.010 Agency for development until the county transfers such responsibility to and maintenance. a county service area, district, city, or 920-12.012 Refunds. association. If the recreation element of the general plan does not indicate the area of benefit and contribution for the specific park required 920-12.002 General. At the time of filing a to serve a development, an appropriate tentative map or. other development for amendment will be prepared to so delineate an approval, the developer shall, as a part of such area, or a specific plan for such area may be filing, indicate whether he prefers to dedicate developed. (Ord. 78-5). land for park and-recreation purposes, or to pay a fee,in lieu thereof, or do a combination of 920-12.010 Agency for development and these. If he prefers to dedicate land, he shall sug- maintenance. The planning agency shall gest the specific land. Only the payment of fees designate a public agency (city, service area, is required for subdivisions containing fifty district or other) to be responsible for parcels or less. (Ords. 84-46 § 2, 78-5). development and maintenance of the park. If no such agency is available to assume such 920.12.004 Decision — Factors. At the time responsibility, the planning agency shall require of initial development approval, the planning the developer to annex to or to form an agency shall determine whether to require a appropriate agency, unless waived by the dedication of land within the development, planning agency. When such a public agency is payment of a fee in lieu thereof, or a designated for the area, the land and fees may be combination of both. In . making this conveyed to such agency by the county for the determination, the agency shall consider the purposes herein enumerated. (Ord. 78-5). following factors: (1) Lands offered for dedication will 920-12.012 Refunds. (a) If a final substantially comply with the recreation subdivision map or parcel map is vacated, and if element of the general plan; the county still retains the land or fees, and if (2) The topography, soils, soil stablity, the applicant so requests, the director of drainage, access, location and general utility of planning shall order return to him of such land land in the development available for dedication; or fees. (3) The size and shape of the development (b) If a building permit is cancelled or and land available for dedication; voided, and if the county still retains the fee, (4) How much land consisting of school and if the applicant so requests, the director playgrounds or public park lands is available for of planning shall order return to him of such fee. (Ords. 84-46 3, 78-5). 443 (contra costa County 4-85)