26.64.030 PRIVATE PARK AND RECREATIONAL FACILITY SPACE CREDIT.

(a) Partial Credit Available. Where private park and recreational facility space is provided in a development and such space is held in common ownership and is to be privately owned and maintained, partial credit, not to exceed a maximum of 50%, may be allowed against the requirement of land dedication or payment of fees in-lieu thereof.

(b) Requirements. Credits may be given for facilities included on the list of private park and recreation facilities approved for credit by resolution of the City Council. Facilities that fall within two or more of the classifications set forth in the resolution will be placed in the category that best fits the potential use of the facility. There will be no double credits for facilities. In order for private park and recreational facilities to be eligible for credit, the Parks and Recreation Director or designee must determine that it is in the public interest to do so, that the proposed private park and recreational facilities and their design and location are appropriate for the proposed development and all of the following requirements are met:

(1) The proposed private park and recreational facility space equals at least 25% of the acreage of the total parkland dedication requirement, except that residential development projects, which are 100% affordable to low and moderate income households, will have no minimum threshold. "Low or moderate income" households means persons and families whose income does not exceed 120 percent of area median income, as defined in Health and Safety Code section 50093.

(2) The proposed private park and recreational facility space is not located in a private yard or required setback.

(3) A minimum of 25 feet separates all park and recreational facilities from residential units, private patios and parking lots, unless the Zoning Administrator, in consultation with the Director of Parks and Recreation or designee, determines that there is no substantial impact upon neighboring residents or the facilities.

(4) The continued private ownership and maintenance of approved park and recreation facilities is documented by recorded agreement, conveyance, or restrictions subject to the review and approval of the City Attorney.

(5) Park and recreational facilities are restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and cannot be defeated or eliminated without the consent of the City.

(6) The proposed park and recreational facilities are suitable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.

(7) The proposed for park and recreational facilities comply with the Conservation, Open Space and Park and Recreation Element of the General Plan.

(8) The proposed park and recreation facilities provide, except as noted otherwise herein, a mix of park and recreational elements consisting of no less than three of the facility types approved by City Council resolution, or a combination of such other recreational facilities, approved by the Parks and Recreation Director or designee, that will meet the park and recreational needs of the future residents of the area. Projects whose required land dedication space is 14,000 square feet or less may provide fewer than three main facility types and will receive the up to the following maximum credits:

(A) Projects with a land dedication space requirement of 8,000 square feet up to and including 14,000 square feet:

(i) No credit for one facility type.

(ii) 35% maximum credit for two facility types.

(iii) 50% maximum credit for three facility types.

(B) Projects with a land dedication space requirement of less than 8,000 square feet:

(i) 20% maximum credit for one facility type.

(ii) 35% maximum credit for two facility types.

(iii) 50% maximum credit for three facility types.

(c) Calculation. Private Park and Recreational Facility Space credit is calculated by first dividing the cumulated park and recreation facility space that qualifies for credit by the total park land dedication requirement and then by multiplying this result by the maximum credit allowable. For example:

If the cumulated amount of Park and Recreational Facility Space that qualifies for credit = 5,000 square feet (SF), and

Park land dedication requirement = 15,000 SF, and

The maximum allowable credit = 50%, then:

5,000 SF / 15,000 SF = .333

Therefore .333 x 50% max = 16.65% credit for project off of the fee.