This chapter establishes criteria for the dedication of land
or payment of in-lieu fees for the development of new, or rehabilitation
or enhancement of existing community parks or recreational facilities
in accordance with Section 66477 of the
Government Code and other
applicable law.
(Ord. 99-23 § 1)
As a condition of approval of a final tract 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
in accordance with the standards herein, the general plan and the
parks and recreation master plan, and the formulas contained in this
section.
(Ord. 99-23 § 1)
Pursuant to the city's park and recreation master plan, the
city council reaffirms its finding that the amount of existing neighborhood
and community park areas, as of the date of Resolution No. 90-53 and
the date of Ordinance No. 460, Section 10.35(c), exceeds the three
acres per one thousand persons residing in the city, and that the
public interest, convenience, health, welfare, and safety require
that a minimum of five acres of property for each one thousand persons
residing within this city be devoted to neighborhood and community
park recreational purposes.
(Ord. 99-23 § 1)
In considering whether the city accepts land dedication or elects
to require payment of a fee in lieu thereof, or a combination of both,
the analysis shall consider the following:
A. The
minimum park size acceptable for dedication to the city as a provision
of this section shall be three usable acres, unless approved by the
director of community services.
Usable acreage for parklands is defined as follows: Proposed
parkland must have a maximum slope of two to three percent over ninety
percent of the total area of the park. The remaining ten percent may
contain slopes greater than two to three percent if approved by the
director of community services. The proposed park must have a length
to width ratio no greater than 2:1. A minimum of two sides of the
park must abut public streets. Sewer, water, electricity and storm
drain connections must be available at the park. The director of community
services must approve any deviation from these standards.
B. The
natural features, access, and location of the proposed park site within
the subdivision available for dedication that are compatible with
the location of existing proposed park sites and trail ways and the
compatibility of dedication with the city's general plan and park
and recreation master plan.
C. For
subdivisions containing fifty parcels or less only the payment of
fees may be required; provided, however, that when a condominium project,
stock cooperative or community apartment project exceeds fifty dwelling
units, the dedication of land may be required even though the number
of parcels may be less than fifty. Nothing herein shall prevent the
city from accepting the voluntary dedication of land by a subdivider
for a subdivision containing less than fifty parcels if the dedication
meets the other requirements of this section.
D. Whenever
the actual amount of land to be dedicated is less than the amount
of land required to be dedicated, the subdivider shall pay fees for
the value of any additional land that otherwise would have been required
to be dedicated.
E. Nothing
in this section shall be interpreted to prohibit, or limit in any
manner, the city from determining the location and configuration of
land to be dedicated. The determination of the city council as to
whether land shall be dedicated, or whether a fee shall be charged,
or a combination thereof, shall be final and conclusive.
(Ord. 99-23 § 1)
Where a park or recreation facility has been designated and
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:
Average number of persons/unit
|
x
|
5 acres 1,000
|
=
|
minimum acreage dedication 1,000 persons
|
Example for a single-family dwelling unit (DU): 3.12 ×
.005 = .0156 acres/DU
|
Park Land Dedication Formula*
|
---|
Type of Dwelling
|
Average Density/Dwelling Unit
|
---|
Single-family residential (detached garage)
|
3.12
|
Single-family attached (attached garage)
|
2.85
|
Multifamily attached (two to four units)
|
2.48
|
Multifamily attached (five or more units)
|
2.43
|
Mobilehomes
|
2.00
|
*Established pursuant to Section 66477(a) of the Government
Code.
|
The subdivider, in addition to the dedicated land required by
this section, may be conditioned to provide park improvements, as
determined by the city. In return for park improvements, the developer
shall receive fee credits against the overall park land dedication
requirements of this section and/or the parks and recreation component
of the city's development impact fees equal to the cost of such improvements.
The land to be dedicated and the improvements to be made pursuant
to this section shall be subject to the approval of the director of
community services and shall conform to the city's guidelines for
park dedications.
(Ord. 99-23 § 1; Ord. 14-01 § 7)
Whenever a fee is to be paid in lieu of the dedication of land,
the following provisions shall apply:
A. The
fee shall be based either on the fair market value of the land which
would otherwise be required or on a fixed in-lieu rate established
by the city manager. If no fixed in-lieu fee rate has been established,
the fee shall be determined by multiplying the number of acres of
land required to be dedicated pursuant to this section by the per
acre fair market value of the improved value of the subdivision.
B. The
fair market value shall be determined and agreed to by the city and
the subdivider. However, if an agreement on the fair market value
cannot be reached, the subdivider may at his or her own expense, obtain
an appraisal of an acre of land within the subdivision based on the
value of the land as a recorded map. If the city does not accept the
subdivider's appraisal, it may cause an appraisal to be made of the
land by an MAI appraiser, for which the subdivider pays, which shall
be final and conclusive.
C. Whenever
fees are paid pursuant to this section, the public agency shall deposit
them into a separate subdivision park account. Money in the account,
including accrued interest, shall be expended solely for the acquisition
or development of parkland, or improvements related thereto or rehabilitating
existing park or recreational facilities within the planning area.
If the final tract map is withdrawn or rejected, the fees shall be
returned without interest to the subdivider.
The city shall commit the uses of the collected fees for park
or recreational purposes to serve residents of the subdivisions and
planning area within five years upon receipt of payment or within
five years after the issuance of building permits on one half of the
lots created by the subdivision, whichever occurs later. If the fees
are not so committed, they shall be distributed and paid to the then
record owners of the subdivision in the same proportion that the size
of their lot bears to the total area of all lots in the subdivision.
The director of community services shall report to the city
council at least annually on income, expenditures and status of the
subdivision park account.
(Ord. 99-23 § 1)
Where private park areas for active recreational purposes are
proposed within a subdivision to be privately owned and maintained,
the subdivider may receive up to a fifty percent credit against the
requirement of land dedication or payment of in-lieu fees as follows:
A. Yards,
court areas, setbacks, and other open space areas required by the
community development department shall not be included in the computation
of such private open space;
B. Use
of the private park or recreational area is restricted for park and
recreation purposes by recorded covenants which run with the land
in favor of the future owners of the property which cannot be eliminated
without the consent of the city and which are submitted to the city
prior to the approval of the final tract map;
C. The
private park or recreation area is reasonably adaptable for use for
park and recreation purposes, taking into consideration such factors
as size, shape, topography, geology, access, and location;
D. The
private park and recreation facilities shall be owned by the developer
or a homeowner's association composed of all property owners in the
subdivision and incorporated as a nonprofit mutual benefit organization,
operated under recorded land agreements through which each lot owner,
renter, or lessee is automatically a member, and each lot is subject
to a charge for a proportionate share of expenses for maintaining
the facilities;
E. Active
recreational purposes shall mean, for purposes of this section:
1. Park
areas for active recreational pursuits, such as sports fields, court
games, swimming pools, children's play areas, picnic areas and open
lawn areas having a maximum ten percent slope,
2. Recreational
buildings and facilities designed for the recreational needs of the
residents within the development;
F. Active
recreational uses do not include natural open space, nature study
areas, open space or buffer areas, steep slopes, riding and hiking
trails, scenic overlooks, water courses, drainage areas or water bodies.
(Ord. 99-23 § 1)
This chapter shall not apply to the following land divisions:
A. Commercial
or industrial and those parcels exempted by the provisions of Section
66477(a)(8) of the Subdivision Map Act;
B. Subdivisions
containing less than five parcels and not used for residential purposes
shall be exempted from the requirements of this title; provided however,
that a condition shall be placed on the approval of a tentative parcel
map that if a building permit is requested for construction of a residential
structure or structures on one or more of the parcels within four
years after the map is approved, a fee may be required to be paid
by the owner of each parcel as a condition to the issuance of such
building permit;
C. 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. 99-23 § 1)