"Subdivision map" means any map filed pursuant to any proceedings
for subdivision which creates any additional parcel capable of residential
development.
(Ord. 2194-86 § 1)
As a condition of approval of any 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 park or recreational purposes
according to the following standards:
(a) Dedication of Sites. Where a park or recreational facility has been designated in the open space and recreation subelement of the general plan, and the park or facility is to be located in whole or in part within a proposed subdivision, to serve the immediate and future needs of the residents of the subdivision, the subdivider shall be required to dedicate land for park and recreational facilities sufficient in size to serve the residents of the subdivision area. The park land to be so dedicated shall conform to locations and standards set forth in the general plan. The slope, topography and geology of the site, as well as its surroundings, must be suitable for the intended park or recreation purpose. The amount of land to be provided shall be determined pursuant to the standards set forth in Sections
18.10.030 through
18.10.070, inclusive, of this chapter establishing the formula for land dedication or for payment of fees in lieu thereof.
(b) Fees In Lieu of Dedication. If there is no park or recreational facility designated or required in whole or in part within a proposed subdivision, the subdivider shall be required to pay a cash payment in lieu of the land equal to the value of the land as determined by Sections
18.10.030 through
18.10.070, inclusive, of this chapter.
A fee in lieu of land dedication hereunder shall be required
when:
(1) A subdivider is subdividing land on which no park has been designated
or proposed; or
(2) When dedication is impossible, impractical, or undesirable, as determined
by the city; or
(3) When the proposed subdivision contains fifty or fewer parcels of
land.
(c) Dedication and Fees Required. In certain subdivisions in excess of
fifty parcels of land, a combination of land dedication and fee payment
may be required. These shall be subdivisions in which: (1) only a
portion of the land to be subdivided is proposed in the general plan
as the location for a park or recreational facility, in which case
that land, or a portion thereof within the subdivision, shall be dedicated
for park purposes, and a fee shall then be required in lieu of any
additional land that would have been required to be dedicated under
this chapter; or (2) a major part of the park or recreational site
falling within the subdivision has already been acquired, and only
a small portion of land is needed from the subdivider to complete
the park or recreation site, in which case the land needed shall be
required for dedication, and a fee shall then be required in lieu
of the additional land that would have been required to be dedicated
under this chapter.
(d) Use of and Basis for In Lieu Fees. The money collected pursuant to
this chapter is to be used only for the purpose of providing park
or recreational facilities to serve the subdivision from which fees
are collected. Fees so collected shall be used to purchase land, buy
equipment or construct improvements in neighborhood and district parks
and recreational facilities serving said subdivision. The fee so required
shall be based on the fair market value of the land that otherwise
would have been required for dedication.
(Ord. 2194-86 § 1)
In accordance with the open space and recreation subelement
of the general plan; it is hereby found and determined that the public
interest, convenience, health, welfare and safety require that acres
of property, as prescribed below, for each one thousand persons residing
within each neighborhood planning area within the city of Sunnyvale
be devoted to public park and recreational facilities. The Murphy
planning area shall be divided by Fair Oaks Avenue into two sections
to be designated Murphy West and Murphy East. The table below prescribes
the acreage requirements and their effective dates. Subdivisions are
subject to the acreage requirement in effect at the time the tentative
map application is deemed complete.
Effective Date
|
Acres of Property Per One Thousand Persons
|
---|
Until June 30, 2010
|
1.75 acres
|
July 1, 2010 - June 30, 2011
|
2.25 acres
|
July 1, 2011 - June 30, 2012
|
3.00 acres
|
July 1, 2012 - June 30, 2013
|
3.5 acres
|
July 1, 2013 - June 30, 2014
|
4.25 acres
|
July 1, 2014 and thereafter
|
5.00 acres
|
(Ord. 2194-86 § 1; Ord. 2911-09 § 1; Ord. 2951-11 § 1; Ord. 2953-11 § 1)
In determining dedication or in lieu fee payment requirements
under this chapter, the following table, derived from density assumptions
of the general plan and prevailing household sizes shall apply:
Dwelling Category
|
Dwelling Units Per Net Acre
|
Acreage Requirement Per Dwelling Unit Within Subdivision
|
---|
Until June 30, 2010
|
July 1, 2010 to June 30, 2011
|
July 1, 2011 to June 30, 2012
|
July 1, 2012 to June 30, 2013
|
July 1, 2013 to June 30, 2014
|
July 1, 2014 and thereafter
|
---|
Low density residential
|
7 or fewer
|
0.0048125
|
0.0061875
|
0.0082500
|
0.009625
|
0.0116875
|
0.01375
|
Low-medium density residential
|
Over 7 to 14
|
0.0043750
|
0.0056250
|
0.0075000
|
0.00875
|
0.010625
|
0.0125
|
Medium density residential
|
Over 14 to 27
|
0.0031500
|
0.0040500
|
0.0054000
|
0.0063
|
0.00765
|
0.009
|
High density residential
|
Over 27
|
0.0031500
|
0.0040500
|
0.0054000
|
0.0063
|
0.00765
|
0.009
|
A deduction for the number of existing dwelling units will be allowed in calculating the land dedication or in-lieu fees required pursuant to this chapter as set forth in Section
18.10.070.
The value of any park and recreational improvements and equipment
to the dedicated land shall be credited against the payment of fees
or dedication of land required pursuant to this chapter.
(Ord. 2194-86 § 1; Ord. 2911-09 § 1; Ord. 2951-11 § 1)
The planning commission shall, upon approving a tentative map,
determine the conditions necessary to comply with the requirements
for park land dedication or fees in lieu thereof as set forth in this
chapter and said conditions shall be attached as conditions of approval
of the map.
(Ord. 2194-86 § 1)
Annually, on a fiscal year basis, the director of community
development shall determine the fair market value for an acre of land
in the city. The fair market value amount shall be included in the
fee resolution adopted by the city council. The fair market value
applicable to the calculation of all park in-lieu fees shall be based
on the fee in effect at the time the final map is complete. The calculation
of all park in-lieu fees shall be applied and payable upon approval
of the final map.
(Ord. 2194-86 § 1; Ord. 2630-99 § 1; Ord. 2911-09 § 2; Ord. 2953-11 § 2)
For the purposes of the formula established by this section,
the following definitions shall apply:
A
|
—
|
the acreage required per dwelling unit within the proposed subdivision for park and recreational facilities from Section 18.10.040.
|
B
|
—
|
the number of dwelling units in the proposed subdivision.
|
C
|
—
|
the fair market value per acre of land from Section 18.10.060.
|
D
|
—
|
the number of existing dwelling units.
|
L
|
—
|
the land required for dedication in proposed subdivision.
|
F
|
—
|
the fee required.
|
The following formula shall be used in calculating land required
for dedication under this section:
A x (B-D) = L
The following formula shall be used in calculating in lieu of
fees required to be paid under this chapter:
A x (B-D) x C = F
(Ord. 2194-86 § 1; Ord. 2630-99 § 2; Ord. 2911-09 § 2)
The provisions of this chapter shall not apply to commercial
or industrial subdivisions or to condominium projects or stock cooperatives
which consist of subdivision of airspace in an existing apartment
building which is more than five years old when no dwelling units
are added.
(Ord. 2194-86 § 1)