15.80.125 Park land dedication in-lieu fee credit for multiple-service medical and recovery care facility.
A. Only one of the two types of credit allowed under this section shall be given. An applicant who seeks a credit under this section shall submit a letter requesting such credit concurrently with the application for approval of a tentative subdivision map, or parcel map waiver. The letter must specifically state which type of credit is being requested, enumerate how the facility meets each of the criteria listed in this section; include a copy of the floor plan(s), a site plan identifying the recreational and open space facilities for credit, including acreage and square footage of said facilities; and other reasonable documentation the recreation and parks director, or designee, may request to make a determination whether the request meets the requirements of this section.
B. A multiple-service medical care and recovery residential facility may receive a fifty percent credit on the amount of the park land dedication required for the development provided the project satisfies all of the following criteria:
1. Demonstrate to the satisfaction of the advisory agency that the facility is a multiple-service medical and recovery development that includes skilled nursing, assisted living and independent living care, as defined in Section 15.80.020; and
2. The facility is part of an approved PUD (planned unit development) zone, or such credit may be approved on the condition that a PUD (planned unit development) zone change for the subject property is approved by the city council within three months after recordation of the final map; and
3. The applicant or developer shall enter into an agreement with the city which clearly identifies the amenities which shall be developed and which meet the on-site park, open space, garden or other specially dedicated outdoor area requirements of subsection (B)(6) of this section. Such agreement shall require that the amenities be completed and approved by the recreation and parks director, or designee.
4. The facility provides for continued maintenance and preservation of the recreation open space by recorded written agreement, covenants, restrictions or other instrument approved by the city attorney. The recorded instrument shall run with the land and may not be amended without prior written approval of the city; and
5. The facility must have a minimum of ninety independent living units, and the number of independent living units shall not exceed thirty percent of the total number of units and/or beds of the multiple-service medical and recovery care facility; and
6. The facility must provide an on-site park, open space, garden or other specially dedicated outdoor area that is useable for passive or active recreation activity of at least one-half acre in size or at least fifty percent of the total amount of park land dedication required, whichever is greater. “Usable” means the open space area shall be reasonably adaptable for use as park and recreational purposes taking into consideration such factors as size, shape, topography, geology, access and location of the open space. Areas required by zoning or building ordinances such as yard, setback, landscaping, parking and drainage or detention basins may not be used as any part of the open space, gardens or other outdoor activity area proposed to satisfy the requirements of this section.
C. A multiple-service medical and recovery care facility which satisfies all of the following criteria shall not be required to dedicate land for a public park or pay a fee in lieu of land dedication as required by this chapter for the facility’s residential independent living units.
1. The facility shall meet the requirements of subsections (B)(1) through (B)(4) of this section, and the applicant or developer shall enter into an agreement with the city which clearly identifies the amenities which shall be developed and which meet the on-site park, open space, garden or other specially dedicated outdoor area requirements of this subsection. Such agreement shall require that the amenities be completed and approved by the recreation and parks director, or designee.
2. The facility must have a minimum of one hundred twenty independent living units, and the number of independent living units shall not exceed fifty percent of the total number of units and/or beds of the multiple-service medical and recovery care facility; and
3. The facility shall provide an on-site park, open space, garden or other specially dedicated outdoor area that is useable, as defined in subsection (B)(6) of this section. Such useable area shall be a minimum of two acres or the amount of acreage which, absent the credit provisions, would be required to be dedicated by the facility under Section 15.80.070, whichever is greater; and
4. The facility shall provide an indoor recreation room for such activities as exercise, arts and crafts, and other group activities for the independent living unit residents. The room shall have a minimum capacity of forty-five people; and
5. In addition to the park or outdoor open space and the indoor recreation room, the facility shall provide at least one other recreational amenity as follows:
a. Swimming or therapeutic pool;
b. Amphitheater or auditorium;
c. Indoor gym for activities such as basketball, badminton and volleyball;
d. Indoor courts for such activities as racquetball or handball;
e. Running or walking track or trail with specialty surface;
f. Multiple station exercise park course;
g. Golf course;
h. Other comparable facility as approved by the planning commission or city council.
D. At the option of the applicant, the full amount of the fee, which does not include such credit as described in subsections (B) and (C) of this section, may be paid at the time of recordation of a final map or certificate of compliance. Subsequent to recordation of a final map or certificate of compliance, and within three months of date of recordation of such documents, the applicant may submit a written request to the recreation and parks director, or designee for refund of fifty percent or one hundred percent of the fee paid, subject to the criteria listed in this section. Such a request must be made within three months of recordation of a final map or certificate of compliance. If no request is made within such time period, this credit becomes void, and no refund shall be made. The recreation and parks director, or designee, shall have fourteen days to respond to a request.
E. The appeal procedure for this section shall be in accordance with Chapter 16.52 of this code. (Ord. 5087 § 4, 2022; Ord. 4939 § 5, 2018; Ord. 4714 § 1, 2012; Ord. 3896 § 1, 1999)