Article VIII Dedications. Reservations, and Development Fees

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.

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.

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.

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:

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;

Provide fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

Provide improved drainage through the site;

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.

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.

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.

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:

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.

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:

Approval of and conditions of the tentative subdivision map;

The General Plan and any applicable specific plan;

Zoning;

Property location;

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:

The natural features access, and location of land in the subdivision available for dedication.

The size and shape of the subdivision and land available for dedication;

Feasibility of dedication;

The compatibility of dedication with the City of Oakdale Parks and Recreation Commission's Master Plan; and,

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:

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.

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.

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.

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.

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:

All of the local park basic elements listed below;

Children's play apparatus area - 1/4 to 1/2 acre

Landscaped park area with quiet areas - 1/2 to 1 acre

Family picnic area - 1/2 to 3/4 acre

Game court area - 1/4 to 1/2 acre

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

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

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:

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.

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.

§ 31-58 School site dedication.

[Ord. No. 1034, § 1.]

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.

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.

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:

The cost of any improvements to the dedicated land since acquisition by the subdivider;

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;

Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

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.

§ 31-59 Reservations.

[Ord. No. 1034, § 1.]

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.

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.

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.

§ 31-61 Bridges and major thoroughfares.

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.

§ 31-60 Local transit facilities.

[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.]

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.

Payment of fees generally.

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.

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.

Notwithstanding the provisions of this section:

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.

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.

(Reserved)

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: