19.48.025 Community purpose facilities – Minimum acreage required – Permitted uses.
A. All land in each P-C zone, or any section thereof, shall provide adequate land designated as “community purpose facilities (CPF),” as defined in CVMC 19.04.002, to serve the residents of the planned community.
B. Applicant shall provide a total of 1.39 acres of net useable land (including setbacks) per 1,000 population in a graded, useable condition with necessary access and utilities available for CPF in the associated planned community, and such land shall be so designated for community purpose facilities and for CPF land uses in perpetuity in the sectional planning area (SPA) plan(s) and planned community district regulations of each planned community prior to the approval of the SPA plan. The total acreage requirement may be reduced only if the City Council determines, in conjunction with its adoption of an SPA plan, that:
1. Availability of Shared Parking. Based on availability of shared parking with other facilities, a lesser amount of land is needed. Such reduction in land shall not exceed the equivalent necessary for the number of parking spaces acquired through the shared parking arrangement. Any shared parking arrangements pursuant to this section shall be guaranteed regardless of any future changes in occupancy of facilities; or
2. Extraordinary Public Benefit. Subject to the discretion of the Development Service Director and recommendation from the Planning Commission, CPF acreage may be reduced subject to the following requirements:
a. The reduction in CPF acreage is accompanied by an extraordinary public benefit not otherwise obtained through the provision of CPF acreage.
b. The public benefit is similar in nature to and satisfies the goals of CPF requirement by providing the community with land on which a public service, determined by the City Council to be essential to part of the community fabric, for which land would not otherwise be available, is provided and made available to the community.
c. The extraordinary public benefit is guaranteed in perpetuity.
d. At the time of the consideration by the Planning Commission, the applicant has executed a binding agreement, reviewed and approved as to form by the City Attorney, which ensures the provision of the extraordinary benefit in perpetuity; or
3. Alternative Compliance. Subject to the discretion of the Development Service Director and recommendation from the Planning Commission, an alternative compliance mechanism (e.g., providing square footage within a building that will accommodate CPF uses or constructing a facility for CPF use) may be approved, provided such alternative mechanism meets all of the following requirements:
a. The City Council finds that the alternative compliance mechanism proposed is equivalent to the provision of the CPF acreage otherwise required by this subsection (B).
b. The alternative meets the definition of a CPF use in subsection (C) of this section.
c. The alternative compliance mechanism is guaranteed in perpetuity.
d. At the time of the consideration by the Planning Commission, the applicant has executed a binding agreement, reviewed and approved as to form by the City Attorney, which ensures the availability of the alternative compliance mechanism in perpetuity.
C. The required CPF acreage shall have a CPF, community purpose facilities, land use designation. All of the following uses are permitted subject to approval of a conditional use permit:
1. Boy Scouts, Girl Scouts, and other similar organizations;
2. Social and human service activities, such as Alcoholics Anonymous;
3. Services for homeless. Emergency shelters for the homeless may be allowed subject to and in accordance with the provisions of CVMC 19.58.110 or 19.58.143, as may be applicable;
4. Services for military personnel during the holidays;
5. Senior care and recreation;
6. Worship, spiritual growth and development, and teaching of traditional family values;
7. Nonprofit or for-profit day care facilities that are ancillary to any of the above or as a primary use. For-profit facilities as primary use are subject to further requirements and additional criteria as outlined in subsection (F) of this section;
8. Private schools that are ancillary to any of the above;
9. Interim uses, subject to the findings outlined in subsection (E) of this section;
10. Recreational facilities, such as ball fields, for nonprofit organizations (including homeowners associations) serving the local community, subject to the requirements outlined in CVMC 19.48.040(B)(6)(d) and subject to the findings outlined in subsection (H) of this section.
D. Criteria outlining the siting, property development standards, and operational parameters such as location, building setbacks, maintenance and design, and hours of operation, shall be incorporated into the SPA’s planned community district regulations.
E. Findings. Approval of interim uses on CPF-designated sites shall require that the approval authority make certain findings, as outlined herein:
1. Conditional Interim Uses. The City Council, with recommendations from the Planning Commission, may approve a conditional use permit for an interim use in accordance with the procedures for issuance of a said permit as outlined in Chapter 19.14 CVMC provided the following findings are made:
a. That the CPF land use designation was established at least three years prior to the consideration of any interim use, and the applicant agrees to continue marketing the site for permanent CPF use concurrent with the interim use.
b. That the interim use is not a residential use.
c. That the interim use is compatible with surrounding land uses.
d. That a community purpose facility (CPF) use is not imminent at the time the application for the conditional use permit is filed.
e. That the interim use will terminate within five years of issuance of said permit unless the City Council provides one year’s notice of intent to terminate said conditional use permit.
f. That the denial of the interim use would constitute a hardship to the landowner.
g. That if the interim use structure is designed as a permanent building, the site design, floor plan and building design is planned as a conceptual component of a permanent, permitted CPF use complex.
F. Findings. Approval of for-profit day care facilities as a primary use shall be based upon evidence determined to be sufficient by the City indicating that the CPF site has been marketed for a period of five years for CPF land uses (other than for-profit day care) as defined in subsection (C) of this section. The Director of Planning and Building may waive this time restriction if the remaining CPF acreage within the same SPA plan consists of at least four contiguous acres.
G. Review by City Council. For each approved sectional planning area plan on which is designated one or more community purpose facility uses, the City Council shall review said plan annually for the purpose of determining the actual market interest in the purchase or lease of said land so designated and the marketing activity associated therewith.
H. Findings. Approval of recreational facilities shall be based upon evidence determined to be sufficient by the City that the proposed recreational facility meets the following minimum requirements:
1. The site should be no less than 0.5 usable acres in size (usable means level areas with maximum slope of 5:1).
2. The recreational facility is compatible with the surrounding land uses.
3. A recreational facility located on a parcel of less than one acre will contain the following recreational amenities:
a. One multi-purpose hard court;
b. Children play area;
c. Community gathering place;
d. An outdoor cooking facility; and
e. Level lawn area.
4. Recreational facilities located on one-acre parcels or larger will contain all the amenities listed in subsection (H)(3) of this section plus one or more of the following sport court/fields:
a. Tennis court;
b. Swimming pool;
c. Full size sport court/field; or
d. Other sport facilities determined to be suitable for the neighborhood this facility is intended to serve, all as determined by the Zoning Administrator.
Recreational facilities proposed for full or partial CPF credit shall either contain the facilities as set forth in this section or alternative recreational facilities as approved by the Zoning Administrator. (Ord. 3442 § 2(M), 2018; Ord. 3301 § 1, 2014; Ord. 2883 § 5, 2002; Ord. 2830 § 5, 2001; Ord. 2732 § 5, 1998).