2020/02/25 City Council Ordinance 945 ORDINANCE NO. 945
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA AMENDING SECTION 16.14.020 (PARK DEDICATION) OF THE
ROHNERT PARK MUNICIPAL CODE
WHEREAS,the City requires subdividers to dedicate parkland; and
WHEREAS,the City's park dedication requirements are contained in Section 16.14.020,
"Park dedication,"of Chapter 16.14, "Dedication and reservations," of Title 16 "Subdivisions,"of
the Rohnert Park Municipal Code; and
WHEREAS, Section 16.14.020 permits a subdivider in certain circumstances to obtain a
credit against parkland dedication requirements for park improvements; and
WHEREAS, Subsection 16.14.020.I (Partial Credit for Private Residential Open Space)
has outdated requirements that are not applicable to smaller infill sites and provisions that are
inconsistent with current affordable housing requirements; and
WHEREAS, the City has a Central Rohnert Park Priority Development Area and a
Sonoma Mountain Village Priority Development Area(PDAs)and seeks to have centrally located,
privately maintained urban parks and plazas within these areas for the enjoyment of the public;
and
WHEREAS, Section 16.14.020 (Park Dedication) does not contain provisions that would
allow for full parks credit within these areas.
WHEREAS, Section 16.14.020 contain provisions related to preliminary and final
development plans which are located in the zoning ordinance and should not be repeated in the
subdivision ordinance; and
WHEREAS, Section 16.14.020 contains a review procedure for the Parks and Recreation
Commission to review final maps which has the potential to conflict with the ministerial review
requirements of the Subdivision Map Act; and
WHEREAS,amendments to Section 16.14.020 have been prepared by staff to address the
aforementioned concerns, to better serve the needs of the City of Rohnert Park; and
WHEREAS, at the January 28, 2020 City Council meeting, the Council discussed a
proposal presented by staff to amend the subdivision ordinance to allow for parks credit for private
open space and directed staff to prepare updates for consideration.
WHEREAS,at the February 11,2020 City Council meeting,upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be heard, the Council considered all
the facts relating to the proposed amendments to the Rohnert Park Municipal Code regarding park
dedications.
NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, does hereby ordain as follows:
SECTION 1. VALIDITY.
The above recitations are true and correct.
SECTION 2. FINDINGS.
The City Council finds that the proposed amendments to the Rohnert Park Municipal Code will
contribute to the public health, safety and welfare, by providing for privately owned, operated and
maintained, parks and recreations facilities in centralized locations for the enjoyment of the public.
SECTION 3. ENVIRONMENTAL REVIEW.
The City Council finds that the approval of this ordinance is exempt under section 15061(b)(3) of
the CEQA Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this ordinance may have a significant effect on the environment; and
SECTION 4. SECTION 16.14.020, "PARK DEDICATION" IS HEREBY REPEALED IN ITS
ENTIRETY AND REPLACED WITH THE FOLLOWING:
16.14.020 - Park dedication.
A. Authority. This section is enacted pursuant to Government Code Section 66477.
B. Requirements. As a condition of approval of a tentative or parcel map, the subdivider shall
dedicate land, pay a fee instead, or do a combination of both for park or recreational purposes
according to the standards and formula in this section.
C. General Standard. The dedication of land or payment of fees, or both, shall be the
proportionate amount necessary to provide five acres of park area per one thousand persons
residing within a subdivision.
D. Standards and Formula for Dedication of Land.
1. Where a park or recreation facility is designated in the open space, parks and public
facilities element of the general plan to be located in whole or part within a proposed
subdivision, the subdivider is required to dedicate usable land for a local park. All park
land shall be dedicated free and clear of all liens and encumbrances to the city and shall
conform to the provisions of this section.
2. The amount of land to be dedicated shall be five acres of park for each one thousand
persons. This acreage shall be in net acres and shall not include any public rights-of-way
within or adjacent to the proposed park site. Unless there is evidence to the contrary, the
following criteria shall be used to estimate population: For single-family homes, the
average population per dwelling unit is three and two-tenths persons per dwelling unit;
for multiple family homes, the average population per dwelling unit is two persons per
dwelling unit.
3. The subdivider shall, without credit, provide:
a. Full street improvements and utility connections including curbs, gutters, street
paving, traffic control devices, street trees, and sidewalks adjacent to land which is
dedicated pursuant to this section; and
b. Fencing along the property line of the subdivision contiguous to the dedicated land
as approved by the city engineer.
E. Standards and Formula for Fees in Lieu of Land Dedication.
1. If there is no park or recreation facility designated in the general plan within a proposed
subdivision, or the dedication of land pursuant to subsection D of this section is not
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feasible or compatible with the general plan, or the city has previously acquired the
necessary park property, or the city council determines that a fee is more appropriate, the
subdivider shall pay a fee instead of land dedication.
2. The amount of the fee shall be equal to the fair market value of the land prescribed for
dedication in subsection D of this section plus the cost of improvements required under
subsection (D)(3) of this section.
3. For purposes of this section, the public works improvement costs, subsection (E)(2) of
this section, shall be determined by the city engineer based on any increase in cost of
construction over the phasing period, as determined for that period by the Engineering
News Record Cost of Construction Index published by McGraw-Hill Publishing
Company.
F. Fees in Lieu of Land Dedication-Fifty Parcels or Less. If the proposed subdivision contains
fifty parcels or less, the city may only require the payment of fees under this section and may
not require the dedication of land. However, this section does not preclude the dedication and
acceptance of land for park and recreation purposes in a subdivision of fifty parcels or less if
the subdivider proposes dedication voluntarily, and the land is acceptable to the city.
G. Combination of Fees and Dedication. The city council may approve a combination of fee
payment and land dedication when:
1. Only a portion of a proposed park falls within a subdivision. That portion shall be
dedicated for park purposes, and a fee is required for any additional amount of land that
would otherwise be required for dedication; or
2. A major part of the park or recreation site has already been acquired, and only a small
portion of land is needed from the subdivision to complete the site. The needed portion
shall be acquired by dedication and a fee required for any additional amount of land that
would otherwise be required for dedication.
H. Determination of Land or Fee. Whether the city approves land dedication or requires a fee, or
a combination of both, is determined by considering the following:
1. The recommendations of the parks and recreation commission;
2. Open space, parks and public facilities element of the general plan;
3. Topography, geology, access and location of land in the subdivision available for
dedication;
4. Size and shape of the subdivision and land available for dedication;
5. The feasibility of dedication;
6. Whether the city has previously acquired sufficient land for park and recreation purposes;
and
7. The factors set forth in subsections (F) and (G) of this section.
I. Partial Credit for Private Residential Open Space. Where private open space for active park
and recreation uses is provided in a common interest development such as community
apartments, condominiums, and stock cooperatives, as defined in Section 1351 of the Civil
Code,the development shall be eligible to receive a credit as provided against the requirement
Ordinance 945
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of land dedication or payment of fees for the value of private open space within the
development.
Where private open space for active park and recreation uses is provided in a proposed
subdivision, the city may grant partial credit not to exceed fifty percent against the
requirement of land dedication or payment of in-lieu fees for a housing development in
which fifteen percent or more of the units are set aside for persons of low income, as defined
by Section 50079.5 of the Health and Safety Code. Credit will only be given if the city
council finds it is in the public interest to do so and that all of the following standards are
met:
1. Yards, court areas, setbacks and other open area or landscaping required to be maintained
by the zoning and building ordinances and regulations are not included in the computation
of credit; and
2. The private ownership and maintenance of the area is adequately provided for by
recorded written agreement, covenants or restrictions; and
3. 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
subdivision and which cannot be amended or eliminated without the city's consent; and
4. The proposed private area is reasonably adaptable for use for active park and recreational
purposes, taking into consideration such factors as size, shape, topography, geology,
access and location; and
5. The space for which credit is given is a minimum of one acre and provides a minimum
of two of the following local park basic elements, or a combination of elements and other
recreational improvements, which will meet the specific recreation and park needs of the
future residents of the area:
Elements Acres
1. Children's play apparatus areas 0.50—0.75
2. Family picnic areas 0.25 —0.75
3. Landscape park-like and quiet areas 0.50— 1.00
4. Game court areas 0.25—0.50
5. Turf play fields ► 1.00—3.00
6. Swimming pool (42' x 75')with adjacent deck and lawn 0.25—0.50
7. Recreation center buildings 0.15—0.25
J. Credit for Privately Owned and Maintained Parks and Plazas within Priority Development
Areas (PDAs). Publicly accessible private parks and plazas within city council designated
Priority Development Areas shall be eligible for park credit for land and improvements.Partial
Ordinance 945
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or full credit, as determined in the discretion of the city council, towards park dedication
requirements may be awarded, if the city council finds it is in the public interest to do so and
that all of the following standards are met:
1. The proposed park or plaza area is consistent with the adopted Priority Development
Area Plan,other applicable plans or codes including form based codes, and includes all
features and amenities outlined in these plans and codes; and
2. Private ownership and maintenance of the area is adequately provided for by recorded
written agreement, covenants or restrictions; and
3. The use of the private area is guaranteed to be publically accessible during daytime
hours and/or when adjacent businesses are open through the recordation of covenants
which run with the land in favor of the future owners of property within the subdivision
and which cannot be amended or eliminated without the City's consent; and
4. Yards, court areas, setbacks and other open areas or landscaping required to be
maintained by the zoning and building ordinances and regulations are not included in
the computation of credit.
K. Credit for Park and Recreation Improvements. If the subdivider provides park and recreation
improvements to the dedicated land (other than improvements required by subsection (E)(3)
of this section) the value of improvements shall be credited against the required payments of
fees or dedication of land required by this section. To qualify for credit under this subsection,
the subdivider must first obtain a recommendation from the parks and recreation commission
and approval from the city council.
L. Review Procedure.
1. Preliminary and final development plans and specific plans shall be reviewed in
accordance with the procedures outlined in Title 17 -Zoning.
2. Tentative Maps outside of Planned Development or Specific Plan Areas.
a. Parks and recreation commission recommendation. The parks and recreation
commission shall review each application for a tentative map and make a
recommendation to the planning commission,which shall include, but not be limited
to, the following:
i. Conformance of the size, layout, and configuration of any proposed parkland
with the city's general plan, and any applicable park and recreation plans and
standards;
ii. The desirability of giving credits for park improvements; and
iii. Its preferred improvements for the proposed park.
b. Planning Commission Review. The planning commission shall forward the
recommendation of the parks and recreation commission to the city council for
review.
c. City Council Review. The city council shall review proposed parkland dedications
in conjunction with tentative map review in accordance with Chapter 16.10 of this
code for major subdivisions and Chapter 16.12 of this code for minor subdivisions.
At the time of approval of a tentative map, the city council shall determine whether
Ordinance 945
5
to require a dedication of land, payment of an in lieu fee, or a combination of both
and condition the tentative map accordingly. The city council shall consider the
recommendation of the parks and recreation commission, which shall include those
items listed in subsection (K)(2)(a) above as well as the following:
i. The amount of land or fee or both to be required; and
ii. The location and configuration of the dedicated land or proposed use of in-lieu
fees.
d. Time for Dedication or payment.
i. The subdivider shall dedicate the land required for dedication upon approval of
the final map.
ii. The subdivider shall pay the required in-lieu fees after approval of the final
map and upon issuance of building permits.
M. Use of Land and Fees.
1. The land, fees, or combination of both may be used only for the purpose of developing
new or rehabilitating existing neighborhood or recreational facilities to serve the
subdivision.
2. Fees and interest collected under this section shall be committed within five years after
the payment of the fees or the issuance of building permits on one-half the lots created by
the subdivision, whichever occurs later.
N. Exemptions. This section does not apply to:
1. Subdivisions containing less than five parcels and not used for residential purposes.
However, the city shall place the following condition on the parcel map:
"If,within four years, a building permit is requested for construction of a residential
structure on one or more of the parcels, the owner of each such parcel is required
to pay a park fee in the amount set forth by city council resolution before the permit
is issued."
2. Commercial or industrial subdivisions or condominium projects or stock cooperatives
which consist of the subdivision of airspace in an existing apartment building which is
more than five years old when no new dwelling units are added.
SECTION 5. ACTIONS TO EFFECTUATE AND CODIFICATION
The City Manager is hereby authorized and directed to take other actions on behalf of City, which
are not expressly and specifically reserved for the City Council, to implement and effectuate this
ordinance. The City Clerk is directed to codify this ordinance in a manner which best reflects the
legislative intent of the City Council in enacting this ordinance. The City Clerk is directed to
resolve any numbering conflicts accordingly.
SECTION 6. SEVERABILITY
Should any section,subsection,paragraph,sentence,clause,or phrase of this ordinance be declared
unconstitutional or invalid for any reason, such declaration shall not affect the validity of the
remaining portions of this ordinance.
Ordinance 945
6
SECTION 7. EFFECTIVE DATE
This ordinance shall be in full force and effective no less than 30 days after its adoption, and shall
be published or posted as required by law.
SECTION 8. PUBLICATION
The City Clerk is directed to cause this ordinance to be published in the manner required by law.
This ordinance was introduced by the City Council of the City of Rohnert Park on February 11,
2020 and DULY AND REGULARLY ADOPTED this 25th day of February,2020 by the following
vote:
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Joseph T.allinan, Mayor
ATTEST:
Sylvia Lope evas, Assistant City Clerk
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ichelle Marchetta Kenyon, City Attorney
Ordinance 945
7
AFFIDAVIT OF POSTING
Pursuant to California Government Code§ 36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 945
Summary of Ordinance No. 945 an Ordinance of the City Council of the City of Rohnert
Park, California Amending Section 16.14.020 (Park Dedication) of the Rohnert Park
Municipal Code was published on 2/14/2020 and 2/28/2020 as required by law, and posted
in five (5) public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 2/14/2020 and 2/28/2020.
Summary of Ordinance No. 945 was published in the Community Voice on 2/14/2020 and
2/28/2020 as required by law.
ry9Anne Buergler, City Clerk a
Subscribed and sworn to before me this March 10, 2020
Sylvia Lope—z-Cuevas, Assistant City Clerk
• I
ROHNERT PARK
CERTIFICATION OF PUBLICATION IN FEB 2 4 2020
"The Community VOICE"
(Published every Friday) Cfl V CLERK
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No.945
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a newspaper of general
circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that The Community VOICE is and
was at all times herein mentioned,a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No.35815 of the Superior Court of the
State of California,in and for the County of Sonoma,Department No.1 thereof;and as provided by said Section 6000,is published for
the dissemination of local and telegraphic news and intelligence of a general character,having a bona fide subscription list of paying
subscribers,and is not devoted to the interest,or published for the entertainment or instruction of a particular class,profession,trade,
calling,race or denomination,or for the entertainment and instruction of such classes,professions,trades,callings,races or
denominations;that at all said times said newspaper has been established and published in the said City of Rohnert Park,in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing
and expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park,Summary
of Ordinance No.945"of which the annexed is a printed copy,was published in said newspaper at least_1 consecutive time(s),
commencing on the 14 day February,2020 and ending on the 14 day of February, 2020.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 14 day of February, 2020 at Rohnert Park,California.
SUMMARY OF ORDINANCE NO.945 OF THE CITY COUNCIL OF THE
Signed CITY OF ROHNERT PARK,CALIFORNIA AMENDING SECTION 16.14.020
(PARK DEDICATION)OF THE ROHNERT PARK MUNICIPAL CODE
Pursuant to Government Code Section 36933(c),the following constitutes
a summary of Ordinance No.945 introduced by the Rohnert Park City Council
on February 11,2020,and scheduled for consideration of adoption on Febru-
Claudia Smith Chief Clerk ary 25,2020 at its meeting to be held in the City Council Chambers,130 Avram
Avenue,Rohnert Park,California.
The ordinance would repeal and replace to Section 16.14.020,"Park dedi-
cation,"of Chapter 16.14,"Dedication and reservations,"of Title 16"Subdivi-
sions: of the Rohnert Park Municipal Code,which permits subdividers in
certain circumstances to obtain a credit against parkland dedication require-
ments for park improvements.The new ordinance would achieve the following
updates:
• Update subsection 16.14.020.1(Partial Credit for Private Residential
Open Space)to allow for the partial credit when the size of open space
is a minimum of one(1)acre in size;
• Update subsection 16.14.020.J.to allow the City Council to grant up
to full parks credit for private plazas and parks with the Priority
Development Areas if it is in the public interest.
I • Update subsection 16.14.020.L to eliminate provisions related to
preliminary and final development plans and refer to the Title
17-Zoning where these provisions are located.
• Update subsection 16.14.020 to eliminate the procedure that requires,
the Parks and Recreation Commission to review final maps.
A certified copy of the full text of Ordinance No.945 is posted and available
for review in the City Clerk's Office at 130 Avram Avenue,Rohnert Park,Cali-
fornia.This ordinance shall be in full force and effective 30 days after adoption,
and shall be published and posted as required by law.This ordinance was in-
'troduced by the Council of the City of Rohnert Park on February 11,2020 and
is scheduled for consideration of adoption on February 25,2020.
Dated: February 12,202043'
JoAnne Buergler,
Published:February 14,2020 City Clerk
The Community Voice City of Rohnert Park
ROHNERT PARK
CERTIFICATION OF PUBLICATION IN MAR 0 5 2020
"The Community VOICE"
(Published every Friday)
in the T` CLERK
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No.945
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a newspaper of general
circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that The Community VOICE is and
was at all times herein mentioned,a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No.35815 of the Superior Court of the
State of California,in and for the County of Sonoma,Department No. 1 thereof;and as provided by said Section 6000,is published for
the dissemination of local and telegraphic news and intelligence of a general character,having a bona fide subscription list of paying
subscribers,and is not devoted to the interest,or published for the entertainment or instruction of a particular class,profession,trade,
calling,race or denomination,or for the entertainment and instruction of such classes,professions,trades,callings,races or
denominations;that at all said times said newspaper has been established and published in the said City of Rohnert Park,in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing
and expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park,Summary
of Ordinance No.945"of which the annexed is a printed copy,was published in said newspaper at least_1 consecutive time(s),
commencing on the 28 day February,2020 and ending on the 28 day of February, 2020.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 28 day of February, 2020 at Rohnert Park,California.
Signed
&4161
Claudia Smith Chie
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