(a)

Title. This Chapter may be cited as the City of Rancho Santa Margarita Local Park Code.

(b)

Authority, purpose and objectives.

(1)

The Local Park Code is adopted pursuant to Government Code § 66477 (the "Quimby Act"), the City's police power, the power to zone and the power to implement the conservation/open space element of the General Plan.

(2)

The general purposes and objectives of the Local Park Code are:

a.

To preserve, enhance and improve the quality of the physical environment of the City;

b.

To ensure that adequate park and recreation facilities will be provided;

c.

To secure for the residents of the City the social and physical advantages resulting from the provision of orderly park, recreation and open space facilities;

d.

To establish conditions which will allow parks and recreation areas to be provided and to exist in harmony with surrounding and neighborhood land uses;

e.

To ensure that park and recreation facilities are provided and maintained in a manner that will permit their maximum use and enjoyment by the residents.

(c)

Interpretation and application.

(1)

In all matters pertaining to local parks, the Local Park Code shall take precedence over all other ordinances or resolutions adopted by the City Council, subject to the following provisions:

a.

The provisions of the Local Park Code shall not be construed to repeal, amend, modify, impair, annul or otherwise interfere with any other existing article, ordinance, easement, deed restriction, covenant or other agreement between parties or any part thereof not specifically repealed, amended, modified, or annulled herein, except that where this Code imposes greater limitations or requirements on the use of land, or greater parks and open spaces, or larger areas or dimensions, or larger fees than the limitations or requirements imposed by any other article, ordinance, easement, deed restriction, covenant or agreement on the same premises or property, this Code shall control.

b.

Nothing in this Code shall be construed to authorize the use of any premises or property in violation of this or any other applicable article, statute, ordinance or regulation.

(2)

Whenever reference is made to any portion of this Code, the reference applies to all amendments and additions now or hereafter made.

(3)

In the event any uncertainty exists as to the meaning or intent of any of the provisions or requirements of this Code, it shall be the duty of the Development Services Director to make a determination regarding such meaning or intent; such determination shall be that which best carries out the purposes and objectives of this Code as set forth in Subsection (b).

(d)

Responsibility and enforcement.

(1)

It is the responsibility of each person who proposes to establish a dwelling unit or units, or to increase the number of dwelling units, on his/her property, and of each person who proposes to create residential building sites, to provide an equitable portion of the necessary park lands as required by this Code.

(2)

It is the responsibility of the City Council to approve all local park dedications and modifications to local park dedications in accordance with the requirements of this Code after review and recommendation by the Planning Commission.

(3)

It is the responsibility of the Planning Commission to approve all major modifications, major enhancements and changes in use for all local parks.

(4)

The Development Services Director shall have the authority to approve minor modifications or minor enhancements.

(5)

Routine maintenance, including, but not limited to, repair, modification or replacement of site furnishings, equipment, irrigation, landscaping and other similar projects, shall not be considered a modification or enhancement.

(6)

It is the responsibility of the Development Services Director to verify that the requirements of this Code are complied with, and to notify all interested parties and agencies of such compliance.

(7)

It is the responsibility of the Building Official to enforce the provisions of this Code that are applicable to the issuance of building permits and certificates of use and occupancy.

(e)

Use of land and fees.

(1)

All park land provided and all fees paid shall be used develop new or rehabilitate existing neighborhood or community park or recreation facilities to serve the subdivision.

(2)

All park fees paid pursuant to this Chapter and interest accrued from such fees to the City shall be used for the purposes set forth in this Section and shall be deposited in a separate account reserved for such purposes.

(f)

Refunds. Requests for refunds of park fees paid or release of security instruments may be directed to the Development Services Director at any time. The Director may approve a refund or a partial refund of park fees paid or release of security instruments when he/she has verified:

(1)

That the refund amount requested corresponds to the amount of fees actually deposited in the local park trust fund for a given number of dwelling units; and

(2)

That the local park requirement for the dwelling units in question has been met by actual City Council acceptance of park land, or by an irrevocable recorded offer to dedicate a park land on a final tract map or parcel map; or

(3)

That the subdivision or building permit approval for which fees were required has been withdrawn or is otherwise no longer valid; or

(4)

That the fees have not been committed within five years after payment or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later, in which case they shall be distributed to the then record owners of the subdivision in the same proportion that their lot size bears to the total area of all lots within the subdivision.

Requests that do not comply with both criteria (1) and (2), or criteria (3) or (4) shall be denied by the Development Services Director. Appeals from the decision of the Development Services Director shall be to the Planning Commission as described in Section 9.08.100.

When the Development Services Director approves a refund, he/she shall request a warrant from the Finance Director, citing in his/her request the City Council resolution accepting the park land, or the tract, book and page number in the case of a recorded offer to dedicate land or other reason for such refund. In the case of release of a security instrument, he/she shall request such release from the City Clerk.

(h)

Modifications. Any person may apply for a modification of the methods used in fulfilling requirements of this Code.

(1)

Each application for a modification shall be in writing and shall state specifically the exact requirement that is requested to be modified, and the applicant's reasons for requesting such a modification.

(2)

Each application for a modification shall be filed with the Director.

(3)

The Planning Commission shall consider the modification request at a public hearing. Such meeting shall be set for a date not later than 45 days subsequent to the filing of the application.

(4)

Modifications of the methods used in complying with requirements of this Code may be approved only when the Planning Commission makes a determination that the future residents of the subject property will be better served by the approval of the modification. If there is a determination that the future residents will not be better served, the Planning Commission shall disapprove the application.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

(a)

Requirements. Any person who proposes to divide real property for the purpose of creating a residential subdivision or a parcel map for residential use shall pay a park fee or provide park land in accordance with the requirements of this Chapter.

(b)

Method of fulfilling requirements. The requirements of this Chapter shall be complied with by the provision of park land or the payment of park fees, or by a combination of both. Provision of park land shall not be required for parcel maps or subdivisions containing 50 parcels or less; except that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. Whenever a person proposes to provide park land, such person shall comply with the requirements of Subsection (h).

(c)

Amount of park land required.

(1)

When the requirements of this Code are met solely on the basis of dedicating park land, the amount of land to be provided shall be computed by multiplying the number of proposed dwelling units by the park land acres per dwelling unit in accordance with the appropriate density classification in the following table:

(2)

In the event the area to be dedicated is bounded or abutted by existing or proposed street frontage, the subdivider shall, at the time of approval of the tentative map, agree to a condition to provide curbs, gutters, sidewalk, drainage facilities, street lighting, stop lights, street signs, matching pavement and street trees to full city standards, to stub-in requested standard improvements required for residential property plus initial on site grading required for developing the park facility; provided, however, that, with the approval of the Planning Commission or City Council, whichever acts last on the tentative map, and in lieu of making said improvements, the subdivider may pay a sum as estimated by the City Engineer sufficient to cover the cost of said improvements.

(d)

Amount of park fees required.

(1)

When the requirements of this Code are met solely on the basis of the payment of park fees, the amount of such fees shall be computed by multiplying the number of proposed dwelling units by the park land acres per dwelling unit shown in the table of Subsection (c), and by multiplying the resultant acreage amount by the land value of the land being developed, per acre.

(2)

The land value shall be based on the average per acre value of the property to be subdivided at the time of recording the final subdivision map, adjusted to reflect the value of such an acre of property rough graded to a maximum one percent slope. Fair market value shall be determined as of the date on which the parcel or final map is filed.

(3)

Land value initially shall be determined by negotiations between the Development Services Director and the subdivider. If these negotiations are unsuccessful, the land value shall be determined by a member of the Appraisal Institute (MAI) mutually agreed upon by the Development Services Director and the subdivider. The subdivider shall pay for the cost of the appraisal. The subdivider shall select the appraiser from a list of three provided by the Development Services Director.

(4)

In addition to the fee to be paid in lieu of land dedication, the subdivider shall also pay an amount equal to 20 percent of the in-lieu fee to provide curbs, gutters, drainage facilities, street lighting, stop lighting, stop lights, sidewalks, street signs, matching pavement and street trees to full city standards, stubbing in of requested utility line services to the park facility, and all standard improvements required by the City for residential subdivisions.

(5)

Following recommendations received from the Planning Commission, the City Council may modify by resolution the above procedure for determining land value.

(e)

Reserved.

(f)

Amount of park land and park fees combined. Whenever the requirements of this Chapter are complied with by both the provision of park land and payment of park fee, the amount of the park fee shall be computed by determining the required amount of park land in accordance with the provisions of Subsection (c). and subtracting the amount of park land actually provided. The remainder shall be converted to a fee in accordance with the provisions of Subsection (d).

(g)

Improvement of dedicated park land. If the person is required to provide dedicated park land and provides park and recreational improvements to the dedicated land pursuant to a development plan approved by the City, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this Chapter. Value of such improvements shall be the cost to the developer.

(h)

Park land requirements. Any person meeting either all or part of the requirements of this Chapter by providing park land shall comply with the following requirements:

(1)

If the proposed park land is within or contiguous to the boundary of a tentative tract or parcel map, it shall be shown on the tentative tract or parcel map.

(2)

If the proposed park land is outside the boundary of the tentative tract or parcel map, it shall be shown on a separate map accompanying the tentative tract map or shall be consistent with an approved park implementation plan.

(3)

If the Planning Commission makes a determination that the future residents will be better served by the establishment of a park in a different location than that proposed, it may require payment of a park fee for all or part of the required park land, and the amount of park land required to be shown on the tentative map shall be reduced by an equivalent amount.

(4)

Any proposal to provide park land on real property zoned for multiple residential uses shall include a statement on the face of the map specifying the number of proposed dwelling units, and the amount of park land required shall be computed on the basis of the number of dwelling units shown on the face of the map. If the number of building permits for dwelling units exceeds the amount proposed on the face of the tentative map, an appropriate park fee in accordance with the requirements of Subsection (d). shall be paid for the additional dwelling units or additional acreage dedicated.

(5)

Each proposal to provide park land shall require a determination by the Development Services Director as to compliance with the regulations, standards and criteria specified by this Title and the conservation/open space element of the General Plan. The Development Services Director shall report all findings to the Planning Commission. All park land shown on a tentative tract or parcel map or a subdivision of land shall be recorded on a final tract map or a parcel map. Such map shall include an irrevocable offer of dedication to the City.

(i)

Park fee procedures. Park fees shall be approved by the Planning Commission. The amount of park fees shall be computed in accordance with the provisions of Subsection (d), based on the value of the land being developed at the time the building permits are issued. Fees shall be paid prior to issuance of building permits or at such time as otherwise provided by resolution of the City Council.

Any recommendation of approval of the payment of park fees shall be made by the Planning Commission prior to or concurrently with the approval of the tentative map, and such approval shall be shown on the face of the tentative map and by conditions of approval.

(j)

Change in requirements after approval of tentative map or division of land. If any person proposes to change the amount of the park land or the payment of the park fee, or the size, shape, location, terrain or improvements of the park shown on an approved tentative tract map, or tentative parcel map, such change shall be deemed to be a revision of the tentative tract map or tentative parcel map, and shall require the filing of a new or revised map.

(k)

Standards. All required local park land provided in compliance with this Chapter shall comply with the standards and criteria contained in the conservation/open space element of the General Plan.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 18-01, § 13, 2-14-2018)