[Ord. No. 1034, § 1.]
As a condition of approval of a tentative map, the subdivider
shall dedicate or make an irrevocable offer of dedication of all parcels
of land within the subdivision that area needed for streets and alleys,
including access rights and abutters' rights, drainage, public
greenways, bicycle paths, trails, scenic easements, public utility
easements, and other public easements. In addition, the subdivider
shall improve or agree to improve all streets and alleys, including
access rights and abutters' rights, drainage, public greenways,
bicycle paths, trails, public utility easements, and other public
easements.
Improvements shall be in accordance with Article X (Improvements) of this chapter.
[Ord. No. 1034, § 1.]
The city may require as a condition of approval of a tentative
map that dedications or offers of dedication of streets include a
waiver of direct access rights to any such street from any property
within or abutting the subdivision.
Upon acceptance of the dedication, such waiver shall become
effective in accordance with its provisions.
[Ord. No. 1034, § 1.]
All dedications of property to the city for public purposes
shall be made in fee title, except that, in the city's discretion,
a grant of an easement may be taken for including but not limited
to: open space easements, scenic easements or public utility easements.
All dedications in fee and grants of easements shall be free of liens
and encumbrances except from those which the city, in its discretion,
determines would not conflict with the intended ownership and use.
The city may elect to accept an irrevocable offer of dedication in
lieu of dedication of fee title.
[Ord. No. 1034, § 1.]
(a)
Purpose. This article is enacted pursuant to the authority granted
by Section 66477 of the Government Code of the State of California.
The park and recreational facilities for which dedication of land
and/or payment of a fee is required by this article are in accordance
with the General Plan, the Parks and Recreation Commission's
Master Plan, and any applicable specific plan.
(b)
Requirements. At the time of approval for a tentative subdivision
map containing greater than fifty lots, the planning commission shall
determine, the land area required for dedication and/or in-lieu fee
payment. This determination shall be forwarded onto the city council
in the form of a recommendation. Similarly the parks and recreation
commission shall also provide a recommendation which shall be forwarded
to the city council. The city council shall review both recommendations
and render a final determination. This determination shall be incorporated
as a condition of map approval.
At the time of approval of a tentative parcel map or a tentative
subdivision map containing fifty lots or less, the subdivision committee
in the case of parcel maps, or the planning commission in the case
of tentative subdivision maps, shall require an in-lieu fee payment.
As a condition of approval of the final subdivision map or parcel
map, the subdivider shall dedicate land, pay a fee in lieu thereof,
or both, at the option of the city, for neighborhood and community
park or recreational purposes at the time and according to the standards
and formula contained in this article.
At such time that the park and recreational services are ever
provided by a public agency other than the city, the amount and location
of the land to be dedicated or fees to be paid shall be jointly determined
by the city and such public agency.
(c)
General standard. The city council of the city of Oakdale does hereby
find that the public interest, convenience, health, welfare, and safety
of the people residing in the City of Oakdale require that five acres
of property for each one thousand persons residing within this city
be devoted to neighborhood and community park and recreational purposes.
(d)
Formula for dedication of land. Where a park or recreation facility
has been designated in the Parks and Recreation Commission's
Master Plan, the General Plan, or any applicable specific plan, and
where this park or recreational facility is to be located in whole
or in part within the proposed subdivision to serve the immediate
and future needs of the residents of the subdivision, the subdivider
shall dedicate land for a local park sufficient in size and topography
that bears a reasonable relationship to serve the present and future
needs of the residents of the subdivision. The amount of land to be
provided shall be determined pursuant to the following formulas:
Acreage to be dedicated shall be as follows:
| |
Average Household Size x Park Acreage Standard
1,000 population
|
= Acreage Per Dwelling Unit
|
Example: Single family residence:
|
3.1 x 5 = .0155
1,000
|
Park Land Dedication Formula Table
| |||
---|---|---|---|
Types of Dwellings
|
Average HH Size
(1990 Census)
|
Density Range
|
Acreage per Dwelling Unit
|
Single family
|
3.1
|
2.8 and up
|
.0155
|
Duplex, medium
|
2.4
|
2.2 to 2.8
|
.012
|
Multiple
|
2.2
|
2.0 to 2.2
|
1.01
|
Mobile home park
|
1.3
|
1.3 to 2.0
|
.0065
|
For the purposes of this section, one parcel shall equal
one dwelling unit within the R-1 zone district. Within all other zone
districts, density shall equal the maximum allowable density specified
for each zone district.
In the case of a condominium project, the number of new dwelling
units shall be the number of condominium units. The term "new dwelling
unit" does not include dwelling units lawfully in place prior to the
date on which the parcel or final map is filed.
The subdivider shall, without credit:
(1)
Provide full public improvements and utility expansions and
connections including, but not limited to sidewalks, curbs, gutters,
street paving, traffic control devices, and street trees to land which
is dedicated pursuant to this section;
(2)
Provide fencing along the property line of that portion of the
subdivision contiguous to the dedicated land;
(3)
Provide improved drainage through the site;
(4)
Provide other improvements which the city council determines
to be essential to the acceptance of the land for recreational purposes.
(e)
Review and determination. Applications relating to park and recreation,
dedication and fees shall be reviewed by the parks and recreation
commission and by the director of the parks and recreation. A recommendation
from the commission, with a report and recommendation from the director
of the parks and recreation will be forwarded to the city council
for a determination. The determination of the city council shall be
final and conclusive.
(f)
Formula for fees in lieu of land dedication. If there is no park
or recreation facility designated in the General Plan, Parks and Recreation
Commissions Master Plan, or any applicable specific plan to be located
in whole or in part within the proposed subdivision to serve the immediate
and future needs of the residents of the subdivision, the subdivider
shall, in lieu of dedicating land, pay a fee equal to the value of
that land, plus twenty percent toward costs of off-site improvements,
in accordance with the provisions of this article. Such fee shall
be used for a local park or recreational facility able to serve the
present and future residents of the area being subdivided.
For the purposes of this article, off-site improvements are
defined as those which would have been required if land had been dedicated
using the provisions of this chapter.
(1)
If the proposed subdivision contains fifty parcels or less,
the subdivider shall pay a fee equal to the land value, plus twenty
percent towards costs of off-site improvements, of the portion of
the local park required to serve the needs of residents of the proposed
subdivision.
(2)
Nothing in this section shall prohibit the dedication and acceptance
of land for park and recreation purposes in subdivisions of fifty
parcels or less, whether the subdivider proposes such dedication voluntarily
and the land is acceptable to the city council as prescribed in this
article.
(3)
The money collected hereunder shall be used only for the purpose
of acquiring necessary land and developing new or rehabilitating existing
park or recreational facilities reasonably related to serving the
subdivision.
(g)
Formula for requiring both dedication and fee. In a subdivision of
more than fifty parcels, the subdivider shall both dedicate land and
pay a fee in-lieu thereof in accordance with the following formula:
(1)
When only a portion of the land to be subdivided is proposed
within the General Plan, Parks and Recreation Commission's Master
Plan, or any applicable specific plan, as the site for a local park,
such portion shall be dedicated for local park purposes and a fee
shall be paid for the value of any additional land, plus twenty percent
toward costs of offsite improvements.
(2)
When a major park or recreation site has already been acquired
by the City of Oakdale, and only a small portion of land is needed
from the subdivision to complete the site, such remaining portion
shall be dedicated. In addition, a fee shall be paid in an amount
equal to the value of the land, plus twenty percent toward costs of
off-site improvements, which would otherwise have been required to
be dedicated. Such fees shall be used for the improvement of the existing
park and recreation facility or for the improvement of other local
parks and recreation facilities in the area serving the subdivision.
(h)
Determination of amount of fee in-lieu of land dedication. When a
fee is to be paid in-lieu of land dedication, value of the amount
of such fee shall be based upon the fair market value of the amount
of land which would otherwise be required for dedication plus twenty
percent toward costs of off-site improvements. The fee shall be determined
by the following formula:
Total Dwelling Units x Acreage Per Dwelling Unit x Fair Market
Value = In Lieu Fee
The acreage per dwelling unit shall be in accordance with the
provisions of this article.
Fees to be collected pursuant to this article, shall be approved
in the same manner as prescribed for land dedication.
(i)
Determination of fair market value. The fair market value shall be
determined by the City of Oakdale from time to time, based upon a
written appraisal report prepared and signed by an appraiser acceptable
to the city. At such time as the fair market value is disputed, the
city shall cause another appraisal to be prepared, with the cost thereof
borne by the applicant.
The appraisal shall be based on a building acre, which is described
as a typical acre of the subdivision, with a slope less than ten percent
and located in other than an area on which building is excluded because
of flooding, easements, or other restrictions.
For the purposes of this chapter, the determination of the fair
market value of a buildable acre, shall consider, but not necessarily
be limited to, the following:
(1)
Approval of and conditions of the tentative subdivision map;
(2)
The General Plan and any applicable specific plan;
(3)
Zoning;
(4)
Property location;
(5)
Off-site improvements facilitating use of the property;
(6)
Site characteristics of the property.
If the subdivider objects to the determined fair market value,
subdivider may appeal to the city council. The city council shall
hear the appeal under the same rules and obligations current for the
local board of equalization hearings, except that the burden of proof
shall lie with the subdivider.
(j)
Determination of land or fee. Whether the city council accepts land
dedication or elects to require payment of a fee in lieu thereof,
or a combination of both, shall be determined in consideration of
the following:
(1)
The natural features access, and location of land in the subdivision
available for dedication.
(2)
The size and shape of the subdivision and land available for
dedication;
(3)
Feasibility of dedication;
(4)
The compatibility of dedication with the City of Oakdale Parks
and Recreation Commission's Master Plan; and,
(5)
The location of existing and proposed park sites and trailways.
The review and determination process shall be carried out in
accordance with the provisions of this article.
(k)
Credit for private open space. No credit shall be given for private
open space in the subdivision except as prescribed in this section.
Where private open space, usable for active recreational purposes,
is provided in a proposed planned development or real estate development
as defined in the Business and Professions Code, partial credit, not
to exceed fifty percent, shall be given against the requirement of
land dedications or payment of fees in-lieu thereof if the city council
finds that it is in the public interest to do so and that all of the
following standards are met:
(1)
Those open areas required by the Municipal Code such as side
yards, rear yards, front yard setbacks, driveways shall not be included
in the computation of the private open space.
(2)
Private park and recreation facilities shall be owned by a homeowners
association. Said homeowners association shall be: composed of all
property owners in the subdivision; incorporated as a nonprofit organization
capable of dissolution only by a one hundred percent affirmative vote
of the membership; operated under recorded land agreements through
which each lot owner in the neighborhood is automatically a member;
and each lot is subject to a charge for a proportionate share of expenses
for maintaining facilities.
(3)
Use of the private open space is restricted for park and recreation
purposes by recorded covenant which runs with the land in favor of
the future owners of the property and which cannot be defeated or
eliminated without the consent of the City of Oakdale or its successor.
(4)
The proposed private open space is reasonably adaptable for
use for park and recreation purposes, taking into consideration such
factors as size, shape, topography, geology, access, and location.
(5)
Facilities proposed for the open space are in substantial accordance
with the provisions of the General Plan, any applicable specific plan,
and the Parks and Recreation Commission's Long Range Goals and
Master Plan.
(6)
The open space for which credit is given is generally a minimum
of three acres and provide some of the following options:
a.
All of the local park basic elements listed below;
(1)
Children's play apparatus area - 1/4 to 1/2 acre
(2)
Landscaped park area with quiet areas - 1/2 to 1 acre
(3)
Family picnic area - 1/2 to 3/4 acre
(4)
Game court area - 1/4 to 1/2 acre
(5)
Turf playing field - 1 to 3 acres
(6)
Swimming pool - 1/4 to 1/2 acre
(7)
Recreation center building - 1/6 to 1/4 acre
b.
A combination of subsection (a)(1) above plus credit given for
the inclusion of the other items at a rate of twenty percent of the
allowable fifty percent credit for each of the subsection (a), (2)
through (7) above; or
c.
A combination of the above mentioned items and other significant
recreation improvements that will meet the specific recreation needs
of future residents of the area.
Specific standards for these basic park elements are as follows:
"Game court areas" are generally defined as tennis courts, badminton
courts, shuffleboard courts, or similar hard-surfaced areas especially
designed and exclusively used for court games.
"Turf playing field" is generally defined as parks areas for
active recreation pursuits such as soccer, golf, baseball, softball,
and football, and have at least one acre of maintained turf with less
than five percent slope.
"Recreational swimming areas" generally defined as fenced areas
devoted primarily to swimming, diving or both. They must also include
decks, lawn area, bathhouses, or other facilities developed and used
exclusively for swimming and diving and consisting of no less then
fifteen square feet of water surface area for each three percent of
the population of the subdivision with a minimum of eight hundred
square feet of water surface area per pool together with an adjacent
deck and/or lawn area twice that of the pool.
"Recreation center building" is a facility designed and primarily
used for the recreational needs of residents of the development.
The review and determination process shall be carried out in
accordance with the provisions of this article.
(l)
Procedure. At the time of approval of the tentative subdivision map
having greater than fifty lots, the city council shall determine,
pursuant to this article, the land required for dedication. If the
city council requires an in-lieu fee payment by the subdivider, the
city council will set the amount of land upon which the in-lieu fee
will be based at the time of final map approval.
At the time of the filing of the final subdivision map, the
subdivider shall dedicate the land as required by the city council.
The city council may determine that fees shall be paid in-lieu of,
or in addition to the dedication of land, the city council shall set
the in-lieu fees amount based on the land dedication requirements
as established at the time of tentative map approval using fair market
values. The subdivider shall pay said fees in accordance with the
following schedule:
(1)
For any subdivision consisting of ten or more lots, fees shall
be paid, in their entirety, prior to the issuance of any building
permit for any building or structure to be located upon any lot in
the subdivision.
(2)
For any subdivision consisting of nine or less lots, fees shall
be paid prior to the issuance of any building permit for any building
or structure on a lot-by-lot basis.
Open space covenants for private park or recreation facilities
shall be submitted to the department prior to approval of the final
subdivision map or parcel map and shall be recorded contemporaneously
with the final subdivision or parcel map.
(m)
Disposition of fees. In-lieu fees shall be paid to the city treasurer
and shall be deposited into a separate fund entitled subdivision park
trust fund. Money in said fund, including accrued interest, shall
be expended solely for acquisition or development of park land, or
improvements related thereto.
Collected fees shall be committed to projects to serve the residents
of the subdivision on which the fees were paid within five years of
the payment of such fees or the issuance of building permits on one-half
of the lots created by the subdivision, whichever occurs later. If
such fees are not committed, these fees, less an administrative fee,
shall be distributed and refunded to the current owners of record.
At least once a year the city treasurer shall report to the
city council and to the parks and recreation department as to the
status, income, and expenditures of the subdivision park trust fund.
(n)
Exemptions. The provisions of this article do not apply to commercial
or industrial subdivisions; nor do they apply to 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.
Subdivisions containing less than five parcels and not used
for residential purposes shall be exempted from the requirements of
this article. This exemption shall be placed as a condition on the
approval of such parcel map that if a building permit is required
for construction of a residential structure or structures on one or
more of the parcels, the fee may be required to be paid by the owner
of each such parcel as a condition to the issuance of such permit.
(o)
Subdivider provided park and recreation improvements. The value of
park and recreation improvements provided by the subdivider shall
be credited against the fees or dedication of land required by this
article. However, all of the requirements found in other parts of
this article must remain. The city council reserves the right to approve
such improvements prior to accepting any dedication of land, and to
require in-lieu fee payments should the land and improvements not
be acceptable.
The review and determination process shall be carried out in
accordance with the provisions of this article.
(p)
Agency to accept land and fees. Land or fees required under this
article shall be conveyed or paid directly to the City of Oakdale.
The city shall develop a schedule pursuant to Section 66477 of the
Government Code specifying how, when, and where it will use the land
or fees, or both to develop park and recreational facilities to serve
residents of the subdivision.
(q)
Access. All land offered for dedication to local park or recreational
purposes shall have access to at least one existing or proposed public
street that will provide access to the park or recreational facility
by the time that the facility is completed.
(r)
Sale of dedicated land. If during the ensuing time between dedication
of land for park purposes and commencement of first-stage development,
circumstances arise which indicate that another site would be more
suitable for local park or recreational purposes serving the subdivision
and the neighborhood (such as receipt of a gift of additional park
land or a change in school location), the land may be sold upon the
approval of the city council upon review of a recommendation from
the parks and recreation department and commission, with the resultant
funds being used for purchase of a more suitable site.
[Ord. No. 1034, § 1.]
(a)
General. As a condition of approval of a tentative map, a subdivider
who develops or completes the development of one or more subdivisions
shall dedicate to the school district, within which such subdivisions
are to be located, such lands as the city shall deem to be necessary
for the purpose of constructing thereon elementary schools necessary
to assure the residents of the subdivision adequate public school
service.
(b)
Procedure. The requirement of dedication shall be imposed at the
time of approval of the tentative map. If within thirty days after
the requirement of dedication is imposed by the city, the school district
does not offer to enter into a binding commitment with the subdivider
to accept the dedication, the requirement shall be automatically terminated.
The required dedication may be made any time before, concurrently
with, or up to sixty days after the filing of the final map or parcel
map on any portion of the subdivision.
(c)
Payments to subdivider for school site dedication. The school district
shall, if it accepts the dedication, repay to the subdivider or his
or her successors, upon transfer of ownership or an equally agreed
upon time frame, the original cost to the subdivider of the dedicated
land, plus a sum equal to the total of the following amounts:
(1)
The cost of any improvements to the dedicated land since acquisition
by the subdivider;
(2)
The taxes assessed against the dedicated land from the date
of the school district's offer to enter into the binding commitment
to accept the dedication;
(3)
Any other costs incurred by the subdivider in maintenance of
such dedicated land, including interest costs incurred on any loan
covering such land.
(d)
Exemptions. The provisions of this section shall not be applicable
to a subdivider who has owned the land being subdivided for more than
ten years prior to the filing of the tentative map.
[Ord. No. 1034, § 1.]
(a)
General. As a condition of approval of a tentative map, the subdivider
shall reserve sites, appropriate in area and location, for parks,
recreational facilities, fire stations, libraries or other public
uses according to the standards and formula contained in this section.
(b)
Standards for reservation of land. Where a park, recreational facility,
fire station, library, or other public use is shown on the General
Plan, an adopted master plan, or any applicable specific plan, the
subdivider may be required by the city to reserve sites as so determined
by the city in accordance with the policies and standards contained
in the General Plan, any adopted master plan, or any applicable specific
plan. The reserved area must be of such size and shape as to permit
the balance of the property within which the reservation is located
to develop in an orderly and efficient manner. The amount of land
to be reserved shall not make development of the remaining land held
by the subdivider economically infeasible. The reserved area shall
be consistent with the General Plan, any adopted master plan, or any
applicable specific plan and shall be in such multiples of streets
and parcels as to permit an efficient division of the reserved area
in the event that it is not acquired within the prescribed period.
(c)
Procedure. The public agency for whose benefit an area has been reserved
shall, at the time of approval of the final map or parcel map, enter
into a binding agreement to acquire such reserved area within two
years after the completion and acceptance of all improvements, unless
the period of time is extended by mutual agreement.
(d)
Payment to subdivider. The purchase price for the reserved area shall
be the market value thereof at the time of the filing of the tentative
map plus the taxes against the reserved area from the date of the
reservation and any other costs incurred by the subdivider in the
maintenance of the reserved area, including interest costs incurred
on any loan covering the reserved area.
(e)
Termination. If the public agency for whose benefit an area has been
reserved does not enter into a binding agreement in accordance with
this section, the reservation of the area shall automatically terminate.
[Ord. No. 1034, § 1.]
As a condition of tentative subdivision map or parcel map approval,
the subdivider may be required to provide for local transit facilities,
such as shelters, benches, bus turnouts, park-and-ride facilities,
and similar items which directly benefit the subdivision.
The provisions of this section do not apply to 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.
[Ord. No. 1034, § 1.]
(a)
Purpose. The purpose of this section is to make provision for assessing
and collecting fees as a condition of approval of a final map or as
a condition of issuing a building permit for the purpose of defraying
the actual or estimated cost of constructing bridges or major thoroughfares
pursuant to the Subdivision Map Act, and in order to implement the
General Plan.
(b)
Payment of fees generally.
(1)
Prior to filing a final map which includes land within an area
of benefit established pursuant to this division, the subdivider shall
pay or cause to be paid any fees established and apportioned to such
property pursuant to this section for the purpose of defraying the
actual or estimated cost of constructing bridges over waterways, railways,
freeways or canyons or constructing major thoroughfares.
(2)
Prior to the issuance of a building permit for construction
on any property within an area of benefit established pursuant to
this section, the applicant for the permit shall pay or cause to have
paid any fees established and apportioned pursuant to this section
for the purpose of defraying the actual or estimated cost of constructing
bridges over waterways, railways, freeways or canyons or constructing
major thoroughfares, unless such fees have been paid pursuant to this
section.
(3)
Notwithstanding the provisions of this section:
a.
Payment of bridge fees shall not be required unless the planned
bridge facility is an original bridge serving the area or an addition
to any existing bridge facility serving the area at the time of adoption
of the boundaries of the area of benefit. The fees shall not be expended
to reimburse the cost of existing bridge facility construction.
b.
Payment of major thoroughfare fees shall not be required unless
the major thoroughfares are in addition to, or a reconstruction of,
any existing major thoroughfares serving the area at the time of the
adoption of the area of benefit.
(c)
(Reserved)
(d)
Consideration in lieu of fees. Upon application by the subdivider,
the city council may accept consideration in lieu of the payment of
fees required pursuant to this section; provided that the city council
first finds, upon recommendation of the public works director, that
the substitute consideration has a value equal to or greater than
the fee; and provided further that the substitute consideration is
in a form acceptable to the city council.
(e)
Public hearing. Prior to establishing an area of benefit, a public
hearing shall be held by the city council at which time the boundaries
for the area of benefit, the costs, whether actual or estimated, and
a fair method of allocation of costs to the area of benefit and fee
apportionment, and the fee to be collected, shall be established.
Notice of the public hearing shall include preliminary information
related to the boundaries of the area of benefit, estimated cost and
the method of fee apportionment.
(f)
Amount. The amount of the fees and the areas of benefit established
pursuant to this section may be established by ordinance or resolution.
(g)
Exemptions. Notwithstanding, payment of such fees shall not be required
for:
(1)
The use, alteration or enlargement of an existing building or
structure or the erection of one or more buildings or structures accessory
thereto, or both, on the same lot or parcel of land; provided that
the total value, as determined by the Building Official, of all such
alteration, enlargement or construction completed within any one year
period does not exceed one-half of the current market value, as determined
by the building official, of all existing buildings on such lot or
parcel of land, and the alteration or enlargement of the building
is not such as to change its classification of occupancy as defined
by the Uniform Building Code.