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)
A. 
Whenever a tentative map which is subject to the provisions of this section is submitted to the city, the developer shall consult with the director of community services to determine whether parkland, in-lieu fees or a combination of both shall be dedicated for park and recreational purposes.
B. 
The conditions of approval of a tentative map subject to the provisions of this section shall require the dedication of land, the payment of in-lieu fees, or a combination of both for park and recreational purposes at the discretion of the city pursuant to Section 16.33.040. If the land is to be dedicated, conceptual plans for the park improvements shall be reviewed by the director of community services and the proposed dedication shall be identified on the tentative map as a separate numbered lot.
C. 
The amount and location of the property to be dedicated and/or the amount of any fees to be paid shall be determined by the director of community services pursuant to the provisions of this chapter.
D. 
Whenever subsequent development occurs on property for which fees have already been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units which were not subject to a prior fee or dedication requirement.
E. 
If parkland is to be dedicated, park improvement plans shall be reviewed and approved prior to final map approval by the director of community services. An agreement and securities shall be posted prior to approval of the final map to guarantee construction of the park to city standards.
F. 
Land dedicated shall be conveyed by grant deed in fee title to the city upon completion of the improvements to city standards and acceptance by the city council. Such parkland shall be free and clear of all encumbrances except those that the city accepts in writing. An environmental site assessment report shall be required for all park areas to determine that the land is free from toxic hazardous materials. The subdivider shall provide all fees and instruments necessary to convey the land plus a preliminary title report and title insurance in favor of the city, in an amount approved by the city.
G. 
Whenever fees are to be paid, the fees shall be paid prior to recordation of the final tract map, or in the instance of maps consisting of five or less parcels or less, prior to issuance of building permits, as determined by the city. If the payment of fees is deferred to building permit, for maps consisting of five parcels or less, the city shall determine whether the fees shall be paid on a pro rata basis for each dwelling unit prior to the issuance of a building permit, or on a pro rata basis for certain percentages of the dwelling units prior to the issuance of building permits.
H. 
Whenever land has been conveyed or fees paid to the city and a final tract map is never recorded or, if recorded, is reverted to acreage, the city shall, at its option, either reconvey all land dedicated to it, repay all fees paid without interest, allow the developer a credit for any land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other arrangements with the subdivider.
(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)