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HomeMy WebLinkAbout90-053 CC ResolutionRESOLUTION NO. 90-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AND ADOPTING THE INTERIM MASTER PLAN FOR PARKS AND RECREATION FOR THE CITY OF TEMECULA AS ATTACHED IN EXHIBIT "A" WHEREAS, the City of Temecula is a municipal corporation with the authority to provide park and recreation services within the City of Temecula; and WHEREAS, the City Council of the City of Temecula is desirous of providing a quality program of parks and recreation within the City as a benefit to the health and general well being of the City's residents; and, WHEREAS, Riverside County Service Area 143, which provided park and recreation services to the resident of the City prior to its incorporation, had prepared a comprehensive Master Plan for Parks and Recreation services, which included what is now the City of Temecula, and that plan had been approved by the Riverside County Board of Supervisors; now therefore, BE IT RESOLVED, that the Riverside County Service Area 143 Master Plan for Parks and Recreation shall be adopted as the City's Interim Master Plan of Parks and Recreation, with appropriate changes within the text of the plan to identify it as such, the addition of supplemental standards to augment those within the County Service Area 143 Master Plan; and appropriate changes within the text to delete areas not within the City of Temecula. APPROVED AND ADOPTED this 8th day of May, 1990. ATTEST: Ju~reek, Deputy Ciiy~~erk [SEAL] Ronald J. Parks, Mayor Reaoa 90-53 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 8th day of May, 1990 by the following vote of the Council: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 C OUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None k, Deputy City Clerk Resos 90-53 "Exhibit A" City Of TEMECULA, CALIFORNIA INTERIM PARK AND RECREATION MASTER PLAN MAY 1990 PREFACE NOTE The basis for this Interim Master Plan for Parks and Recreation is the Master Plan for Parks and Recreation originally prepared by Urban Environs of Redlands, California, for Riverside County Service Area 143, which served the Rancho California, Temecula and Murrieta area prior to Temecula's incorporation as a city. The original Plan was the subject of community input, public hearings and ultimate adoption by the County Board of Supervisors on June 27, 1989. The purposes of this Interim Master Plan of Parks and Recreation are three-fold. First, to put into place an adopted Master Plan for Parks and Recreation for the City of Temecula. Second, enables the City, under Government Code Section 66477, which requires an adopted Plan to be in place, the option of adopting an ordinance requiring as a condition of residential development, the dedication of land for park and recreation purposes, or the payment of fees in lieu of dedication. Lastly, it is intended as a starting point for a comprehensive City of Temecula Master Plan for Parks and Recreation, recommended for Fiscal 1990-91, which will though an extensive public input process, develop and establish goals and objectives, appropriate standards, and an implementation "action" plan for meeting the specific recreational needs of the resident of the City of Temecula. In closing these prefacing remarks, it is to be noted that the Interim Master Plan makes no changes to adopted policy standards of the original Plan, but does recommend new policy material on page 9 to supplement the standard of the original Plan. It also deletes information that is relevant only to CSA 143 and not relevant to the City of Temecula, such as joint use of public facilities in the Murrieta area. Lastly, for the convenience of the reader, the narrative text of the original Plan has been altered to reflect the City of Temecula, rather than the County Service Area, where appropriate. SECTION 1. A. Be SECTION 2. A. B. SECTION 3. A. B. Ce TABLE OF CONTENTS INTRODUCTION AND BACKGROUND Introduction 1. Purpose Statement ........................... 2 Project Setting 1. Location and Physical Setting .............. 2 2. Demographic Conditions ...................... 2 3. Population Trends and Projections ........... 4 EXISTING CITY SYSTEM Organization and Administration .................. Existing Facilities Inventory 1. City ........................................ 2. Other ....................................... 5 MASTER PLAN Goals and Recommendations ........................ 8 Facility and Park Development Standards 1. Acquisition and Development Standards ...... 10 2. Proposed Facilities Standards .............. 12 Acquisition and Development ..................... 13 5 2. 3. 4. 5. Table Estimated TABLES Population 1980-1988 .................. Age of Population - 1980 ....................... Employment - 1980 ............................... Projected City Population ....................... School Facilities Inventory ..................... Page 2 3 3 4 7 PaGe 1 A. INTRODUCTION Purpose Statement The purpose of the City of Temecula Interim Park and Recreation Master Plan (hereinafter referred to as "Master Plan") is threefold: (1) to put in to place an adopted Master Plan for Parks and Recreation for the City of Temecula; (2) to enable to City of Temecula to employ the provision of Government Code Section 66477 regardinG park and recreation dedication in subdivisions; and (3) to provide a startinG point for a comprehensive master planninG process. The followinG more specifically represent the objectives of the Master Plan: To provide an information base from which the City may make determinations pertaininG to short-ranGe Goals in relationship to lonGer-term Goals of the City and current planninG principles. To consider and evaluate trends in recreation pursuits so that the people of the City may have a meaningful selection of recreational opportunities and facilities. To determine population trends and projections, Growth indicators, recreational interests, and all other chanGinG demographic factors that are pertinent to a viable planninG process. e To review and process planninG Guidelines and standards for the acquisition and development of recreation areas and facilities to meet the existinG and future needs and desires of the community. To inventory and categorize all existinG recreation areas and facilities within the public and semi-public sectors of the community and to provide data pertaininG to the availability of all recreational opportunities in the community. Page 2 B. PROJECT SETTING 1. Location and Physical Setting The City of Temecula is approximately 26 square miles, located approximately 85 miles southeast of Los Angeles and 55 miles north of San Diego on Interstate 15. The Temecula Valley, once a secluded valley surrounded by rolling hills, has since been master planned to provide a balanced agricultural, residential, commercial, and industrial community. The climate, with an annual average temperature of 80 degrees, provides a resource in itself for the enjoyment of outdoor life and leisure activity. 2. Demographic Conditions The following demographic information was obtained from the 1980 Census Report and the Riverside County Planning Department. While the census block exceed to City's boundaries, the information provided below is offered to illustrate the tremendous growth of the region, which is also occurring within the City. Census data since 1980 shows an average annual increase of 42 percent for Census Tract 432 (which includes the City) as shown .in Table 1, Estimated Population from 1980 - 1988: Table 1 Census Tract 432 Estimated Population 19e0-1988 Year Estimated Population Percent Increase 1980 1981 1982 1983 1984 1985 1986 1987 1988 5,073 5,345 5,861 6,330 7,225 7,991 9,610 13,328 43,683 0 5.O% 9.7% 8.0% 14.1% 10.6% 20.3% 38.7% 227.7% Source: County of Riverside Planning Dept. · Building Permit Activity. Based on Page 3 In 1980 approximately 29 percent of the population was over 55 years of age as shown in Table 2: Table 2 Census Tract 432 Age of Population - 1990 Age Group Percent Less than 5 years 7% 5 - 14 16% 15 - 24 12% 25 - 54 36% 55 and over 29% Source: County of Riverside Planning Dept. Employment figures for persons 16 years and older show that residents within the study area held jobs primarily in management, sales/clerical, and crafts as shown in Table 3. Approximately 37 percent of the population was in the work force, emphasizing the retirement age group and the amount of leisure time available for most residents. Table 3 Census Tract 432 Employment - 1980 (Persons 16 years and older) Field Percent Executives, Managers, Administrators Professional, Technical Sales, Clerical Service Farm, Forestry, Fishing Craftsmen, Machinists Laborers, Transportation 23% 1% 26% 12% 8% 22% 8% Source: County of Riverside Planning Dept. Page 4 The current population data shows an estimated 43,683 persons within the Census Tract in December 1988. Average household size was 2.69 persons per household. Among cultural minorities, the strongest showing of non- whites was Hispanic at 5 percent. Approximately 1.6 percent of the Non-Hispanic minorities were American Indian and less than 1 percent were Black and Asian. 3. Population Trends and Projections Demands placed upon park and recreation needs are primarily dependent upon population. Historically, Riverside County has grown at a moderate to rapid pace. In 1980, the County's population was 633,199. By 1988, the population had risen to 1,020,094 an increase of 386,895 persons. Future population projections prepared by SCAG indicate the this growth rate should continue, leading to a population of approximately 1,075,505 by'the year 1990 and 1,825,966 by the year 2000. Projected population figures for Census Tract 432 (which includes the City) have been produced by the County of Riverside based on building permit activity. The estimated population for Census Tract 432 for the year 1995 is 68,457 persons. The estimated population for the year 2000 is 111,128 persons.Using the above referenced projected population figures, the projected population for the City are as follows in Table 4: Source: Table 4 Projected Population - City of Temecula Year Projected Population 1988 19,663 1995 31,490 2000 51,119 County of Riverside Planning Dept. and Urban Environs Page 5 ORGANIZATION AND ADMINISTRATION Prior to the incorporation of the City of Temecula in December of 1989, Parks and Recreation services were provided to the Temecula Valley by Riverside County Service Area 143. The CSA was formed in December 1985, in the County of Riverside pursuant to Public Resources Code Sections 5780 et seq. for the purpose of providing park, recreation, and parkway facilities to the residents of the Temecula Valley. Other services provided by the CSA, but not included as part of this Master Plan, include street lighting, garbage collection, and soil conservation and drainage control. These functions have, with the incorporation of the City, shifted to a subsidiary district of the City, the Temecula Community Service District. EXISTING FACILITIES 1. CITY The City owns one developed park, the Rancho California Sports Park. The park totals 86 acres, of which 50 acres are presently developed, providing 11 ball fields which also support soccer and football activities. A tot/lot- picnic area is currently under development. Additionally, there are approximately 20 acres of the Sports Park, held in trust by the County of Riverside, which is a subject of discussion between the City and the County at this time. 2. Other Currently, the County of Riverside has no recreational facilities located within the City. There are, however, facilities located outside the City within easy driving distance. These facilities include: * Lake Skinner Park - located approximately 12 miles northeast of the City off Warren Road. This facility is a 6,440 acre recreation area with facilities for camping, fishing, boating, picnicking, hiking, and equestrian trails. County of Riverside parks are operated and maintained by the County of Riverside Parks Department. These parks are regional in nature and are intended to serve a broader base than that which the City provides. County parks total approximately 6,414 acres of developed parks and 660 acres of undeveloped parks or parkland. Other recreational facilities within the vicinity of the City include: Page 6 * Lake Elsinore Park - located west of Sun City, an 87 acre recreation area with camping, swimming, fishing, and boating facilities. * Nature Conservancy - located west of the City, approximately 3,000 acre nature preserve and wildlife refuge. Recreational opportunities include hiking, picnicking, and horseback riding. * Sam Hicks Monument Park - located off Front Street in Temecula, this historical park is approximately 0.? acre. Recreational opportunities include tot lot and picnic areas. The site also contains a historical monument and future plans include a historical church to be moved to the site. Transfer of this property to the City is presently under discussion. * Vail Lake - A privately owned recreation center with boating, fishing, hiking and camping facilities. Page 7 A major source of recreational facilities to the public within the City is public school facilities. Through joint agreements, school grounds can be used for such activities as youth baseball, youth soccer and special events. Table 5 is an inventory of existing and proposed school recreational facilities. Table 5 School Facilities Inventory April, 1989 F 0 O T S B P B A B V O A L A P O . R L L S L L H S T L / K A L A W S F S E Y E N I T I 0 T Y D M E T E C B A B B M N R L C A R A A I N A D E L E L L N I C S R L A L L G S K Temecula Valley Uni£:ed School District Jean F. Sparkman Elem. X Margarita Middle School X X Rancho Elem. X Red Hawk Elem. (Proposed) X Temecula Middle School X Temecula Valley High X X Vail Elem. X Vail Meadows Elem. (Proposed) X Vail Meadows Middle (Proposed) X X Winchester Elem. (Proposed) X Source: Temecula School District X X X X X X X X X X X X X X X X X X X X X Page 8 A. GOALS AND RECOMMENDATIONS The following interim goals are recommended to state the general intent of the City regarding Parks and Recreation goals prior to the development and adoption of a comprehensive Master Plan for Parks and Recreation. To provide parks and recreational areas, as well as programming which reflects the current needs and interests of the total population served by the City. To locate and provide park facilities so as to be accessible to the greatest number of users. To relate activities to the physical, mental, social and emotional characteristics of the community served. e Where feasible and desirable, the City should enter into agreements and joint ventures with other agencies in order to provide more activities and programs, avoid duplication of effort, and to ensure the most efficient use of taxpayer's monies. Wherever possible, utilize less developable lands and existing public lands for parks and recreation in order to minimize costs. Funding and Financing Upon approval of this Interim Master Plan, employ the provisions of Government Code Section 66477, adopting a City Ordinance requiring land dedication, or fees in lieu of dedication, or a combination of both, for park and recreation Purposes. Seek out and aggressively pursue all forms of federal, state, private foundation and endowment support to assist in acquisition, development and programming of park and recreation resources in the City. Joint Cooperation Seek cooperation with the Temecula Valley Unified School Districts in the joint planning of future elementary, junior high, and high school sites in the developing areas of the City to allow for adjacent park acquisition and subsequent park/school complexes. - Page 9 Standards 1. It is recommended that the suggested standards of the National Recreation and Park Association (page 10) for Community Park Acreage, that is, 2.5 acres per thousand persons of population, be adopted as the standard for the City of Temecula. 2. It is recommended that the suggested standards of the National Recreation and Park Association for Neighborhood Park Acreage, that is, 2.5 acres per thousand persons of population, be adopted as the standard for the City of Temecula. 3. It is recommended that the National Recreation and Park Association suggested standards for size and development programs for Community and Neighborhood Parks, be adopted as the standard for park size and development programs of public recreation facilities in the City of Temecula. 4. It is recommended that the suggested standards of the National Recreation and Park Association for service radius be modified for Community Parks to a radius of up to 5 miles and Neighborhood Parks up to 1½ miles. Regional Facilities Meet with the Riverside County Parks Department to explore areas of cooperation regarding a County-wide trails system, open space, and parks. Encourage the County of Riverside Parks Department to develop an approximately 250 acre Regional Urban Park within the vicinity of the City. Acquisition and development of the facility could come from development fees collected from projects within the area. Facilities could include, but not limited to, community buildings, parking lots, and active and passive recreational facilities. e Encourage the development of a regional trail system that will connect the trails proposed in the approved Specific Plans. Page 10 FACILITY AND PARK DEVELOPMENT STANDARDS 1. Acquisition and Development Standards The measurement of recreation demand is complex because demand is variable by nature. While interest in some forms of recreation remains constant, interest in others has increased dramatically, and new forms continue to emerge. Recreation demand and the amount of space required to accommodate the demand varies depending on the population. Various standards have been established by organizations to define the total amount of parkland a community should have and minimum sizes for various types of parks. Generally cited, are the suggested standards of the National Recreation and Park Association (NRPA). The National Recreation and Park Association" has established recommended standards to both define amount of acreage needed for a properly developed park system, and the minimum sizes and amenities for various types of parks. The National Recreation and Park Association recommends a standard of 5 acres per 1000 residents in a municipal setting, divided equally between Community Parks' and Neighborhood Parks, which are described below. Community Parks - Community Parks are leisure facilities specifically designed to serve the broader recreational needs of the City and are the "work horse" of the park system. The nature of this type of facility encourages and attracts family units on a day-to-day basis as well as major events. The major recreation buildings and athletic facilities are generally designed for both day and night- lighted use. Minimunn size: Acres/~,000 people: Service radius: 20 - 200 acres 2.5 acres up to 3 miles Facilities appropriate to community parks include: (a) (b) (c) Fields for softball, baseball, football, soccer and other field sports. Courts for tennis, basketball, volleyball, handball and other court games. Night-lighted facilities are essential to those citizens whose work schedules do not permit them sufficient access to recreational facilities Page 11 (d) (e) (f) (g) (h) (k) Recreation buildings, including gymnasiums, with adequate provision for crafts classes, dramatics and social activities. Hard-surface, multiple-use areas for tetherball, shuffleboard and other similar activities. Play apparatus for pre-school age children, and other children. Senior-citizen activities, such as horseshoes, lawn bowling and croquet. Large aquatic facilities, for instruction and competition. Day Camp play areas with sheltered or indoor facilities. Special facilities for the handicapped. Maintenance yards and facilities. NeiGhborhood Parks - Neighborhood parks characteristically serve the recreational needs of a small segment of t~e population usually within walking distance of the park. Often, such parks are located adjacent to an elementary school with which they may share playinG fields. The design of Neighborhood parks should add to the quality of life of all residents by enhancinG the environment, providing open space within walking distance, and supplying opportunities for individual and/or organized recreation. Minimum size: Acres/i,000 people: Service radius: minimum 5 - 20 acres 2.5 acres up to 1 mile Typical features of the Neighborhood parks include, but are not limited to: (a) Pre-school play area. (b) Apparatus for older children, possibly including "theme" play equipment. (c) Picnic facilities and park seating for leisure and observation. (d) Buildings for restrooms and equipment storage. (e) Open space for informal play and passive enjoyment. (f) Special facilities for groups and/or individuals with special needs. (g) Horseshoes, shuffleboard, and/or volleyball courts. Page 12 o Special Use/Resource Facilities - Special facilities often result from special resources or opportunities and are of community-wide interest representing an historic, cultural, recreational or ecological value. Typical facilities include natural areas, cultural landmarks, ecological preserves, flood-plain lands, historic sites, and regional recreational facilities. Minimum size: Dependent on facility Acres/i,000 people: No Standard Service radius: Community-wide Proposed Facility Standards The followinG standards were compiled from the National standards and local agencies to represent the typical for the area: Proposed District Standard Facility Amount/1,000 people Softball Baseball Football/Soccer Tennis Volleyball Basketball 50 yard Swimming Pool 25 yard Swimming Pool Picnic Areas Playlot Areas Community Centers Outdoor Theaters Racquetball/Handball Courts 1/2,000 1/6,000 1/10,000 1/2,000 1/3,000 1/500 1/20,000 1/10,000 1/3,000 1/2,000 1/20,000 1/20,000 1/20,000 In addition to the above facilities, it is recommended that the City work cooperatively with the County of Riverside Parks Department and other parks and recreation agencies to create and implement a regional trail system. The system should be designed to accommodate equestrian, bicyclists, and pedestrians. Page 13 C. ACQUISITION AND DEVELOPMENT It is the philosophy of the City to provide and operate a comprehensive system of park and recreation facilities that are well beyond the ability of the private individual or private organization to provide. To illustrate that point, the City, if employing the National Recreation and Park recommended standards for Community and Neighborhood Parks of a combined ratio of 5 acres per 1,000 population, when coupled with the conservative population estimates of Table 4, would require 255 acres of parkland by the year 2000. When the existing City owned acreage is calculated in (86 acres), this means that the City to meet its standard in the year 2000, will need to acquire and develop, through a diverse methodology, an additional 169 acres of parkland. In 1990 dollars, and not in consideration of Joint use of publicly owned land, which will considerably reduce costs,. achieving that goal will be in excess of $33,000,000 value. There are four categories of funding sources available for park and recreation development in the City: local, state, federal and private. Local Prime local major funding sources include, but are not limited to: o o o o Rates and charges through the Temecula Community Service District; Dedication Ordinances; Redevelopment Agency Financing; Landscape and Lighting District; and Mello-Roos District; State The State of California offers a variety of funding sources for the acquisition and development of parks and recreation program implementation. Sources include grants, historic preservation and conservation funds. o o o o California Parklands Act of 1980 Urban Open Space and Recreation Grant Program (SB 174) Historic Preservation Grants-In-Aid Federal Land & Water Conservation Fund Page 14 Federal Through the years federal monies for park and recreation development have been greatly reduced and the reduction will likely continue in the future. The following sources now available may or may not therefore be available in the future. o o Housing and Community Development Act of 1974 Recreation and Public Purposes Act Private The following is a list of organizations that provide assistance for Dublic or private groups who want support from the private sector. (a) The Foundation Center 1644 Wilshire Blvd. Los Angeles, CA 213/412-4042 (b) The Grantsmanship Center 1015 West Olympic Blvd. Los Angeles, CA 213/485-9094 (c) The Guide to California Foundations c/o Northern California Grantmakers 210 Post Street, No. 814 San Francisco, CA 94108 (d) The Public Management Institute 333 Hayes Street San Francisco, CA 94102 415/431-8444 Gifts Catalog: Some communities/districts have had great success in developing a catalog of needed facilities, equipment, plant materials, etc. , and then seeking contributions for individual items. Page 15 CLOSING C0 ENT One area that was addressed in the original Plan and not addressed in the Interim Plan, is the approved specific plans to be found within the City. They were approved from a County Planning Department perspective without review or input by the County Service Area charged with providing Park and Recreation services to the area. It is uncertain at this point whether the recreation facilities within the specific plans were intended to ultimately be dedicated to the public park system or to remain as initially presented, private parks maintained by home owners associations. This is not optimally the way to build the public park system and should be looked at very closely during the development of the comprehensive Master Plan. It can not be overstated how important the Master Plan that will replace this interim plan will be and how quickly it must be started. The process, if done correctly, will take 6 to 9 months. It will involve valid random community surveys to get the 'average' citizen's input of what they think their park system should provide. It will involve meeting with the community's special interest organizations, such as Little League Baseball, Pop Warner Football, CYSA Soccer, and all others that can be identified, to get their input. It will involve taking an inventory of available land and developing a list of potential sites to be earmarked as possible public park locations. It will involve Public Hearings before the Park and Recreation Commission, the Planning Commission, and finally, the City Council. The task is major. But it is the first step of developing a first class public park system that is well thought out, efficient, and effective. e The County may advance money from its general fund or road fund to pay the cost of constructing the designated bridge or major thoroughfare(s) and may reimburse the general fund or road fund for such advances from the bridge or major thoroughfare funds established pursuant to this section. The County may incur an interest bearing indebtedness for the construction of a designated bridge or a major thoroughfare planned pursuant to this section; provtded that the sole securtty for repayment of such indebtedness shall be money in the spectftc fund established for that designated brtdge or m~or thoroughfare. At the discretion of the Board, considerations such as dedication of right-of-way, actual construction, or destgn work by a ctvtl engineer may be accepted t n lieu of the payment of fees, upon a determination that the alternative ts acceptable and ts equal to or greater In value than the required fee. When required to implement the construction of a specific facility, a project agreenent shall be entered into between a developer and the County whereby the developer may advance money for the construction of a facility, or design or construct a facility within the Area of Benefit; provided that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing to the fund that has been established for the specific facility. Reimbursement shall be for the amount agreed upon in advance only and the right to reimbursement shall expire fifteen years after the agreement was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired. Amendments. The resolution establishing an Area of Benefit may be amended by the Board as to boundaries of the Area of Benefit, the designation of facilities to be constructed or the estimated cost thereof, or any other aspect thereof, by following the same procedure required to establish an Area of Benefit. SECTION 10.35. PARK AND RECREATION FEES AND DEDICATIONS. This section is adopted pursuant to Section 66477 of the Goverrment Code which provides for the dedication of land or the payment of fees in lieu thereof for park and recreational facilities as a condition of approval of a tentative map or parcel map. Whenever land that ts proposed to be dtvided for residential use lies within the boundaries of a public agency designated to receive dedications and fees pursuant to this section, a fee and/or the dedication of land shall be regutred as a condition of approval of the division of land. 85 Subdivisions containing less than ftve parcels and not used for residential purposes: provided, however, that a condition of approval shall be placed on those maps that tf a butlding pemlt ts requested for the construction of a residential structure or structures on one or more of the parcels withtn four years the fee may be requtred to be paid by the owner of each parcel as a condition to tssuance of such pemtt. F. Dedication Requirements of Subdividers. Whenever a tentative tract map which is subject to the provisions of this section is submitted to the Planning Director, it shall be accompanied by a written statement from the applicant stating whether he intends to dedicate land, pay fees in lieu thereof, or a combination of both for park and recreational purposes. If the developer desires to dedicate land for this purpose, he shall first consult with the County and public agency as to the appropriate area to be dedicated, and such area shall be shown on the tentative tract map as submitted. e The conditions of approval of a tentative tract map subject to the provisions of this section shall require the dedication of land, the payment of fees in lieu thereof, or a combination of both for park and recreational purposes. If the land is to be dedicated, the proposed dedication shall be shown on the approved tentative map. If fees are to be paid, the condition of approval shall require that the fees be paid to the public agency which provides the park and recreational services for the community area. e The anount and location of property to be dedicated and the a~ount of any fees to be paid shall be as approved by the County. If the park and recreational services are provided by a public agency other than the County, the appropriate dedication of land and payment of fees shall be as detemined by the County and the other public agency. If the County and the public agency are unable to agree on the appropriate dedication, the final decision shall be made by the Board of Supervisors. Whenever subsequent development occurs on property for which fees have been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units which were not subject to a prior fee or dedication requirement. All dedications of land shall be in accordance with the Subdivision )lap Act. Land shall be conveyed in fee simple to the public agency free and clear of all encmnbrances except those wfiich will not interfere with the use of the property for its intended purposes and which the public agency agrees to accept. All deeds shall be delivered to the public agency before the approval of the final map. If the final map is disapproved, or if it is withdrawn by the subdivider, the deeds shall be returned to the subdivider. If the final map is approved, the deeds sha.ll be recorded by the public agency at the time the final map is recorded. No deed for dedication of land shall be accepted unless 87 A previously approved Plan may be ~nended by the public agency at any time to reflect the needs of the community area. A proposed amen~nent to an approved Plan shall be processed in the same manner as the adoption of the original Plan, and the amen~ent shall not become effective until approved by the Board by resolution. If a public agency fails to adopt a Community Parks and Recreation Plan within one year of the date that the public agency is designated by the Board of Supervisors to receive dedications and fees pursuant to this section, all lands which have been dedicated and all fees which have been paid to the public agency and accepted by it pursuant to this section for that c~,,,,unity area shall be reconveyed to the subdivider, and no further dedications of land or payment of fees shall be required as a condition of approval for land divisions within that community area until a Community Parks and Recreation Plan is adopted by the Board of Supervisors. In addition, any requirements for the dedication of land or the payment of fees which come due prior to the approval of the Plan by the Board of Supervisors shall be waived and may not be accepted by the public agency. H. Contents of a Community Parks and Recreation Plan. A community Parks and Recreation Plan shall contain the following provisions: A statement of the goals, policies, programs and proposed location and development of recreation facilities and services such as natural reservations, parks, parkways, beaches, playgrounds, recreational community gardens, and other recreational areas. A statement of the average number of persons per household in the canmunity area. Unless a different number is set forth in the Community Parks and Recreation Plan, the average nmnber of persons per unit shall be as follows: a. Single Family Dwelling Unit (Detached Garage): 2.98 persons per dwel 1 i ng unit. b. Single Family Dwelling Unit (Attached Garage): 2.59 persons per dwel 1 i ng untt. c. Two dwelling units per structure: 2.64 persons per dwelling unit. d. Three or four dwelling units per structure: 2.48 persons per dwel 1 i ng untt. e. Five or more dwelling units per structure: 2.34 persons per dwel 1 i ng unit. 89 facilities, street paving, traffic control devices, street trees, and sidewalks to the dedicated land. b. Fencing along the property lines of the subdivision which are contiguous to the park. Improve the drainage through the park site. Provide minimal physical improvements, not including recreational facilities, building, or equipment, which the County and the public agency determine are necessary for acceptance of the land for park and recreational purposes. Provide access from the park and recreational facilities to an existing or proposed public street, unless the County and the public agency both determine that such access is unnecessary for maintenance of the park area or use of the park by the residents of the area. fe Grading and drainage improvements in addition to those grading, drainage, irrigation and planting improvements required under other County ordinances. All land to be dedicated and improvements to be made should be approved by the public agency providing the park and recreation services for the community area prior to the approval or disapproval of a subdivision by the Land Development Committee. ge All grading plans for land to be dedicated shall be reviewed and approved by the public agency for conformance with the Community Parks and Recreation Plan and the needs of the public agency. he No grading, drainage, irrigation, planting, street or utility improvements required under this section shall be eligible for a credit against the land to be dedicated or fees paid under the provisions of this ordinance. Whenever a fee is to be paid in lieu of the dedication of land, the fol lowing provisions shal 1 apply: The fee shall be based either on the fair market value of the land which would otherwise be required or on a fixed in-lieu fee rate set forth in the approved Plan. If no fixed in-lieu fee rate has been established, the fee shall be determined by multiplying the n~nber of acres of land required to be dedicated pursuant to this section by the per acre fair market value of the improved value of the subdi vi sion. The fair market value of an acre of land within the subdivision shall be based on the zoning of the property at the time the final map is recorded and the value of the land as an improved and developed subdivision, not as raw acreage. The fair market value 91 (b) Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions; and (c) That the use of the private area is restricted for park and recreational purposes by an open space easement or other instrument; and (d) That the proposed private are is reasonably adaptable for use of park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location. Active recreational uses shall mean, for the purposes of this section, recreation facilities occurring on level or gently sloping land (10 percent maximum slope) in a planned development which are designed to provide individual or group activities of an active nature including, but not limited to, open lawn, sports fields, court gem,s, swinmning pools, children's play areas, picnic areas, golf courses, and recreational community gardening. Active recreational uses do not include natural open space, nature study areas, open space for buffer areas, steep slopes, riding and hiking trails, scenic overlooks, water courses, drainage areas or water bodies. Notwithstanding the 50 percent limitation as set forth above, a private open space credit up to 100 percent of the requiranent of land dedication or fees payment may be granted if the subdivider, the public agency, and the County agree. Land which has been dedicated and accepted may be sold by the public agency if the subdivider has not begun substantial construction on the subdivision and the Board and the public agency both determine that another site would be more suitable for local park or recreational facilities. The proceeds fr~n the sale of the land must be used for the purchase of the more suitable site. All fees collected pursuant to this section shall be c~mmitted by the public agency for a specific project to serve residents of the subdivision in a budgetary year either within five years of receipt of the fees or five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not so committed, the fees received shall be distributed to the then record owners of the subdivision in the sane proportion that the size of their lot bears to the total area of all lots in the subdivision. Annual Reports. Each public agency which has received dedications of land or the payment of fees pursuant to this section shall maintain a separate account thereof and shall file an annual report, as well as any additional reports required by the Board, with the Board of Supervisors. The annual 93 report shall be filed no later than the end of each fiscal year. The report shall disclose the dedications of land and the paymet ~ of fees received, the balance of the account, and the facilities puF.~ased, leased or constructed during that fiscal year. The report shall also set forth a schedule of how, when and where it intends to use the land dedicated and the fees paid, including the anticipated starting dates for the development of the park and recreation facilities. The starting dates shall be reasonable with respect to the need for such parks and facilities, weather constraints, the need to minimize the disruption of the neighborhood, the amount of land and fees received, and the anticipated availability of funds for the operation and maintenance of the parks and facilities which are cons tructed. The annual reports shall be reviewed by the County A~intstrattve Office for conformance with the standards and policies of the appropriate adopted Community Parks and Recreation Plan. The Administrative Office shall thereafter file a status report with the Board of Supervisors. ARTICLE X1 FLOOD CONTROL AiiD TRACT DRAINAGE SECTION 1i.1. GENERAL PROVISIONS. Facilities for the control of tract drainage and floodwaters in Schedule "A", "B", "C", "D", "E", "F" and "G" land divisions are established as follows: Ae The minimum design for facilities which control drainage water generated within a land division or floodwater flowing into or crossing a land division shall be based on a storm having a frequency of once in 100 yea'-s. Hydrologic and hydraulic calculations for the design of drainage facilities which control drainage water generated within a land division shall be submitted for approval to the Road Commissioner. Hydrologic and hydraulic calculations for the design of flood control facilities to control floodwater flowing into or crossing a land division shall be submitted for approval to the flood control agency having jurisdiction and to the Road Commissioner. Be The use of streets for flood control and drainage purposes may be prohibited by the Road Commissioner if the use thereof is not in the interest of the public health, safety and welfare. When the Road Commissioner permits the use of streets for flood control and drainage purposes, the 10-year frequency design discharge shall be contained between the tops of curbs or asphalt concrete dikes, and the 100-year frequency design discharge shall be contained within the street right-of-way. If either of these conditions is exceeded, additional flood control facfltttes shall be provided. g4 shall be as determined and agreed to by the County, the public agency, and the subdivider. However, if an agreement on the fair market value cannot be reached, the subdivider may, at this own expense, obtain an appraisal of the property. If the County and public agency do not accept the subdivider's appraisal, the fair market value shall be detemtned by a current appraisal of the improved value of the subdivision by the Office of the County Assessor. The Assessor's appraisal shall be final, unless modified by the Board of Supervisors. Whenever fees are paid pursuant to this section, the public agency shall deposit then into a separate subdivision park trust fund. All fees paid may be used only for the purpose of developing new or rehabilitating existing park and recreational facilities. The development of new park and recreational facilities includes, but is not limited to, the acquisition of land for neighborhood or community parks for recreational purposes. Fees shall be expended for the use only within the boundaries of the County of Riverside unless the Board of Supervisors approves otherwise and the public agency mai ntai ns appropriate records to reflect such expenditures. d. The subdivider may receive a credit against fees as follows: A credit may be given against the requirement for the payment of fees or the dedication of land required by this section for the reasonable value of park and recreation improvements provided by the subdivider. The amount of the credit shall be determined prior to the approval or conditional approval of the tentative map. The granting of a credit shall be within the discretion of the County and shall be based on an approved set of improvement plans. However, the public agency reserves the right to require in-lieu fees instead of granting a credit if the improvements are found to be unacceptable. A credit may be given where private areas for park and recreational purposes are provided in a subdivision and such area is for active recreational uses, to be privately owned and maintained in common by the future owner{s) of the development. Such area, upon recommendation by the public agency, may be credited against up to 50 percent of the requirement of land dedication or fees if the County determines that it is in the public interest to do so and that all of the following standards either have been or will be met prior to approval of the final map or development permit: (a) That yards, court areas, setbacks, and other open space areas, required to be maintained by Ordinance No. 348, the Building Code and other regulations, shall not be included in the computation of such pri rate areas; g2 f. Mobilehomes: 2.72 persons per dwelltng untt. e A statement of the standards to be used to determine the proportion of a subdivision to be dedicated for park and recreation purposes or the amount of fees to be paid in lieu thereof. 4. Specific policies and standards for the development, maintenance and operation of the parks and recreation facilities. 5. Specific policies, standards and Infomarion for the establis~ent, use and credit for in-lieu fees. Detemtnation of Land Dedication and Payment of Fees. Whether the conditions of approval for a land division shall require the dedication of land, the payment of fees, or both, shall be based on the following: The natural features of the area, available access, the location, size and shape of the subdivision, the land available for dedication, the feasibility of dedication, the location of existing and proposed park sites and trailways. and the compatibility of dedication with the County Comprehensive General Plan. For subdivisions containing 50 parcels or less only the payment of fees may be required: provided, however, that when a condominium project, stock cooperative or c~,m,,uni ty apartment project exceeds 50 dwel ling units, the dedication of land may be required even though the n~nber of parcels may be less than 50. Nothing herein shall prevent a public agency from accepting the voluntary dedication of land by a subdivider for a subdivision containing less than 50 parcels if the dedication meets the other requirements of this section. Whenever the actual .mount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay fees for the value of any additional land that otherwise would have been required to be dedicated. e Whenever a park or recreational facility is to be located in whole or in part within the proposed subdivision, the land dedicated shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. The amount of land to be dedicated or fees paid shall be based on the residential density of the subdivision. The residential density shall be determined by multiplying the nanbet of dwelling units of the subdivision by the nmaber of persons per unit by the ratio of the nanbet of acres of park land required for each 1,000 persons (i.e., .003 to .005). 6. Whenever land is dedicated, the subdivider shall, without credit, provide the following for the benefit of the land dedicated: a. Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation of existing public utility gO it is accompanied by a policy of title insurance, secured by the subdivider, in an amount equal to the value of the land dedicated. Whenever fees are to be paid, the fees shall be paid at such time as is agreed upon by the subdivider and the public agency through the conditions of approval. Payment may be required prior to recordation of the final map if the fees are to reimburse the public agency for expenditures previously made, or if the public agency determines that the fees will be collected for park and recreation facilities for which an account has been established and funds appropriated and for which the public agency has adopted a proposed construction schedule or plan. Payment may be deferred to the date of the issuance of bullcling permits, or the date of final inspection or the date the certificate of occupancy is issued, whichever occurs last. If the payment of fees is deferred, the public agency may determine whether the fees shall be paid on a pro rata basis for each dwelling unit when tt receives its final inspection or certificate of occupancy, on a pro rata basis when certain percentages of the dwelling units have received their final inspections or certificates of occupancy, or on a lump-sum basis when the last dwelling in the development receives its final inspection or certificate of occupancy. e Whenever land has been conveyed or fees paid to the public agency and a final map is never recorded or, if recorded, is reverted to acreage, the public agency shall, at its option, either reconvey all land dedicated to it, repay all fees paid without interest, allow the developer a credit for any land dedicated or fees paid to be applied only to a new subdivision on the sane property, or make other arrangements with the subdt rider. G. Adoption of a Community Parks and Recreation Plan. The Board of Supervisors shall by resolution designate those public agencies which may receive dedications and fees pursuant to this section. Each public agency which provides park and recreational services on a community-wide level and which is authorized to receive land dedications and the payment of fees pursuant to this section, must prepare and adopt a Community Parks and Recreation Plan. The Plan shall be used to plan and direct park and recreation services within the community area served by the public agency. Whenever a public agency has adopted a Community Parks and Recreation Plan, the Plan shall be submitted to the Board of Supervisors for review and approval. Within 30 days of receipt of the Plan the Board shall set the matter for hearing and shall thereafter approve, disapprove or modify the Plan by resolution. 88 Ce It is hereby found and determined by the Board of Supervisors that the public interest, convenience, health, welfare, and safety requires that three acres of land for each 1,000 persons residing within the County of Riverside shall be devoted to neighborhood and community park and recreational facilities unless a Cammunity Parks and Recreation Plan, as approved by the Board of Supervisors, determines that the ~nount of existing neighborhood and cammunity park area exceeds that limit, in which case the Board determines that the public interest, convenience, health, welfare and safety requires that a higher standard, not to exceed five acres of land per 1,000 persons residing within the County, shall be devoted to neighborhood and cammunity park and residential purposes. O. Definitions. 'Community Area" shall mean the boundaries of the public agency which provides park and recreational services, unless otherwise defined by the public agency. "Community Parks and Recreation Plan" shall mean a general plan for park and recreational facilities prepared by a public agency for a community area, which describes current and planned facilities and services. J "Dwelling Unit" shall mean a building or mobil,home designed for residential occupancy. For the purposes of this section, the number of dwelling units created by a land division shall be as follows: one dwelling unit per lot created in a single-family residential zone, one dwelling per unit approved in a multi-f~ntly residential zone; and where the number of units to be built in a multi-family residential zone is unknown, the maximum number of dwelling units allowed under that zone. For a condominium project, the number of ~elling units created shall be the n~nber of condominium units approved. "Park" shall mean a parcel or parcels of land, exclusive of natural open space, which is open and available for use by the general public and which serves the recreational needs of the public. "Public Agency" shall mean a public entity which provides neighborhood or community park, or recreational facilities and services within a community area, including but not limited to park and recreation districts, county service areas, and the County of Riverside. E. Exenptions. This section shall not apply to the following land divisions: 1. Cammerctal or industrial. Condominium projects or stock cooperatives which consists of the subdivision airspace in an existing apartment building which is more than five years old and no new dwelling units area added. 86