As a condition of approval of a tentative map, the City Council
may require the subdivider to dedicate or make an irrevocable offer
to dedicate to the public, the City or other such public agency as
may be appropriate, all real property required for public use or benefit,
including but not limited to the following: (a) local streets and
arterial highways; (b) alleys; (c) trails, paths and pedestrian ways;
(d) rights-of-way for drainage and erosion-control facilities; (e)flood-control
facilities; (f) parks; (g) open space; (h) easements for landscaping
maintenance; (i) public utility easements; and (j) other public easements.
(Ord. 249 § 3, 1989)
The City Council may require that the items listed in Section 20.36.010 be deeded for private use or benefit to a homeowners' association or other responsible body.
(Ord. 249 § 3, 1989)
(a)
Defined. For the purpose of this Section, "vehicular access
rights" means the right of persons to gain entry or exit with
a vehicle to or from a street or driveway to or from abutting land.
(b)
Release and Relinquishment of Direct Vehicular Access Rights. The
City Council may impose a requirement that any dedication or offer
of dedication of a street shall include a release and relinquishment
of direct vehicular access rights to or from such street from any
property shown on a subdivision map as abutting thereon, and that,
if the dedication is accepted, such release and relinquishment shall
become effective in accordance with the provisions of the Subdivision
Map Act relating to such release and relinquishment of direct access.
(Ord. 249 § 3, 1989)
(a)
Requirements.
(1)
As a condition of approval of a tentative map, the subdivider shall
dedicate land and/or pay a fee for the purpose of developing new or
rehabilitating existing park or recreation facilities to serve the
subdivision. This requirement shall apply to all subdivisions except
those exempted by Government Code Section 66477.
(2)
If the proposed subdivision contains fifty (50) parcels or fewer,
the subdivider shall not be required to dedicate any land for park
and recreational purposes without his consent, but shall pay a fee
in accordance with this Section.
(b)
Fair Market Value.
Improvements.
(1)
(2)
Park.
Terms Defined. The following definitions shall govern the meaning
of words in this Section unless, from the context in which the word
is used, a different meaning is clearly intended.
The value of property as determined by the City Council based
upon an or she appraisal by a qualified appraiser. In the event the
applicant disagrees with this determination, he or she may select
a qualified appraiser who, together with the original appraiser, shall
select a third qualified appraiser. The three appraisers so selected
shall conduct a fair market value analysis of the property and their
determination shall be binding upon the City and the applicant for
the purposes of this Section. All costs of appraisal shall be paid
by the applicant prior to the recordation of any final map or the
issuance of any building permit.
Minimum Improvements. Public improvements as are deemed necessary
by the City to develop land for park and recreation facilities. Such
improvements may include but not be limited to grading, automatic
irrigation systems, adequate drainage, lawn, shrubs, trees, concrete
walkways and walkway lighting.
Extraordinary Improvements. Park and recreation improvements
over and above those minimum improvements described in sub-paragraph
(i). Such improvements may include but not be limited to playground
equipment, picnic facilities, community centers, sports fields, swimming
pools and tennis courts.
A parcel or contiguous parcels of land owned, operated and
maintained by a public agency or private entity and which provides
recreational land and facilities for the benefit and enjoyment of
the residents and visitors of the City.
(c)
Park Dedication Standards. All standards for park dedication shall
comply with the standards set forth in Government Code Section 66477
of the Subdivision Map Act and General Plan, parks and recreation
element.
The developer of any residential subdivision shall dedicate
park land and/or pay fees in lieu thereof, at the rate of five acres
per one thousand population, apportioned as follows:
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3 acres -
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Public parks (owned and maintained by the City);
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2 acres -
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Private parks located in the immediate subdivision; minimum
size .33 acres (owned and maintained by a homeowners' association)
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(d)
Manner of Compliance. The requirements of subsections (a) and (c) may be complied with by the provision of park land, the payment of a park fee or a combination thereof, in accordance with the provisions of this Section.
(1)
When the requirements of subsections (a) through (c) are complied
with solely by providing park land, the minimum amount of land to
be provided shall be based on the dedication standard and the density
classifications and persons per dwelling unit set forth in the following
table:
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Dwelling Units per Net Acre:
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Fewer than 6.6
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Persons per Dwelling Unit:
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3.15
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Acres per Dwelling Unit:
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0158
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Dwelling Units per Net Acre:
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6.6 to 12.5
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Persons per Dwelling Unit:
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2.15
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Acres per Dwelling Unit:
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0108
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Dwelling Units per Net Acre:
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More than 12.5
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Persons per Dwelling Unit:
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1.95
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Acres per Dwelling Unit:
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0098
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(2)
Whenever the requirements of subsections (a) through (c) are complied
with solely by the payment of park fees, the amount of such fees shall
be computed by multiplying the number of proposed dwelling units by
the acres per dwelling unit shown in the table in paragraph (1) and
by multiplying the resultant acreage amount by the fair market value
of the land being developed.
(3)
Whenever the requirements of subsections (a) through (c) are complied
with by both the provision of park land and payment of a park fee,
the amount of the park fee shall be computed by determining the required
amount of park land in accordance with the provisions of paragraph
(1) and subtracting the amount of park land actually provided. The
remainder shall be converted to a fee in accordance with the provisions
of paragraph (2)
(e)
Disposition of Land or Fees
(1)
The amount and location of land to be dedicated or the fees to be
paid shall bear a reasonable relationship to the use of the park and
recreational facilities by the anticipated future inhabitants of the
subdivision.
(2)
All park fees shall be paid to the City prior to the issuance of
any residential building permits for the building site or sites for
which such fees are due. These fees shall be used only for the purpose
of developing new or rehabilitating existing park or recreational
facilities to serve the subdivision.
(3)
The Planning Director shall prepare a schedule specifying how, when
and where the land dedicated or fees paid to develop park or recreational
facilities will be used to serve the residents of the subdivision.
Any fees collected under paragraphs (2) and (3) shall be committed
within five (5) years after the payment of such fees or the issuance
of building permits on one-half (1/2) of the lots created by the subdivision,
whichever occurs later. If such fees are not committed, they shall
be distributed and paid to the then record owners of the subdivision
in the same proportion that the size of their respective lot bears
to the total area of all lots within the subdivision.
(4)
In the event that the subdivider improves or develops parks for public
or private ownership, he shall prepare a schedule specifying when,
how and where he will develop the parks or recreational facilities
to serve the residents of the subdivision. This schedule shall be
required as a condition of subdivision map approval.
(f)
Credits. The subdivider may be eligible to receive credit for park
and recreational improvements toward land dedication or fee requirements
as follows:
(1)
Public Parks. Public parks: The value of all improvements (minimum
and extraordinary) required by the City for the development of public
parks (refer to Exhibits A and B) shall be a credit against the payment
of fees or dedication of land required pursuant to this Section.
(2)
Private Parks. The park modification processing procedure set forth
in paragraph (h) shall apply when considering the following:
(i)
When private land for park and recreational purposes is to be provided
in a proposed subdivision and such park land is to be privately owned
and perpetually maintained and operated by the future residents or
owners of the development, such land may be credited against the requirement
for dedication of land for park and recreational purposes, pursuant
to paragraph (d). Eligibility of private park land for land dedication
or fee credit shall be subject to approval by the Council. Evaluation
of private park land for park dedication credit shall be based on
the following criteria:
(A)
That the private park land meets the minimum size requirement
of one-third (1/3) acre;
(B)
That the proposed private park land is reasonably adaptable
for use for park and recreational purposes, taking into consideration
such factors as size, shape, topography, geology, access and location;
(C)
That the following areas or subdivision design features shall
not be eligible for private park credit: yards, court areas, setbacks,
landscaped neighborhood entries, greenbelts, unimproved watercourses,
and circulation improvements such as bicycle, golf cart and hiking
trails;
(D)
That the location of the land provides convenient access to
the neighborhoods served, as appropriate;
(E)
That the perpetual private ownership and maintenance of the
land is adequately provided for by a recorded written agreement; and
(F)
That the use of the private park land is perpetually restricted
for park and recreational purposes which cannot be defeated or eliminated
without the consent of the Council and in no event without providing
equivalent park and recreation space elsewhere in the subdivision.
(ii)
When in a proposed development, private park land is to be provided
which will contain minimum and extraordinary improvements (refer to
Exhibits A and B), as defined by paragraphs (2)a and b, such improvements
shall be eligible for credit against the requirements of dedication
or fees for park and recreational purposes, approval by the Commission.
In no event shall the amount of such credit exceed the value of the
improvements. The value to be credited shall be determined in accordance
with paragraphs (1) and (2) and (1) and (3) (refer to Exhibit A).
Evaluation of private park facilities for land dedication or fee credit
shall be based on the following criteria:
(A)
That the proposed facilities are suitable to meet the recreation
needs of the persons expected to be served by the park.
(B)
That the facilities or improvements accepted for full credit
for private parks shall be those facilities typically found in public
parks, as described in paragraph (2)
(C)
That luxury facilities shall be eligible for private park credit
up to a maximum of fifty percent (50%) of their value. Such facilities
shall include, but not be limited to, swimming pools, spas, tennis
courts and club houses.
(g)
Dedication Standard Reduction. In order to encourage the construction
of low- and moderate-income housing, the City has adopted the following
policy:
Any developer of new units affordable to households of low-
or moderate-income, as defined in the General Plan - Housing Element,
may be allowed to reduce the dedication standard to a minimum of three
and one-half (3 1/2) acres per one thousand (1,000) population, upon
review of the Planning Commission and approval by the City Council.
The distribution of such acreage shall be one and one-half (1 1/2)
acres for public parks, and two acres for private parks.
Approval of a request for such a reduction shall be subject
to documentation provided by the applicant:
(1)
That the reduction in park dedication will help lower the cost of
construction of the units planned for low- to moderate-income households;
(2)
That new rental units will be maintained for occupancy as rental
units for low-income households for a minimum of ten (10) years.
(3)
That projects consisting of units suitable for family occupancy will
be located within one-half mile of a publicly maintained park or school
playground.
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Applications for such a request shall be subject to the park
modification processing procedures described in paragraph (h)
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(h)
Park and Modification Processing Procedures. Any property owner,
subdivider, builder, developer or public agency which requests a modification
of the requirements of this Section, pursuant to paragraphs (f) and
(g) shall submit a park modification application to the Planning Director.
(1)
The application shall be in writing and shall State specifically
the requirement that is requested to be modified and the applicant's
reasons for requesting such a modification. A subdivider may request
a park modification for either of the following purposes:
(2)
The City Council shall hold a public meeting for the purpose of considering
the park modification request.
(3)
Modifications from the terms and requirements, including Exhibits
A and B, of this Section may be approved only upon a determination
by the City Council after receiving a report from the Planning Commission,
that the criteria set forth in paragraphs (f) and (g) have been satisfied,
and that future owners of the subject property will be better served
by approval of the modification. If there is a determination that
the future owners will not be better served thereby, the Commission
shall disapprove the application.
(4)
The determination of the City Council shall become final the day
after the date of such determination.
(Ord. 249 § 3, 1989)
(a)
Condition of Approval. As a condition of approval of a tentative
map, the subdivider may be required to reserve sites appropriate in
area and location for parks, recreational facilities, fire stations,
libraries or other public uses according to the standards contained
in this Section.
(b)
Sites Shown on Adopted General Plan or Specific Plan. Where a park,
recreational facility, fire station, library or other public use is
shown on an adopted specific plan or adopted General Plan, the City
may require the subdivider to reserve such sites as the City determines
to be in accordance with the standards contained in the specific plan
or General Plan applicable thereto, subject to all of the following
conditions:
(1)
The reserved area must be of such size and shape as to permit the
balance of property within which the reserved land is located to develop
in an orderly and efficient manner;
(2)
The amount of land to be reserved shall not make development of the
remaining land held by the subdivider economically infeasible; and
(3)
The reserved area shall conform to the applicable adopted specific
plan or General Plan and shall be so configured as to 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)
Time Limit for Acquisition of Property. The public agency for whose
benefit an area has been reserved shall, at the time of approval of
the final tract 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 such period of time is extended by mutual
agreement.
(d)
Purchase Price. The purchase price shall be the market value thereof
at the time of the filing of the tentative map, plus the property
taxes assessed and paid against the reserved area from the date of
the reservation, plus any other costs reasonably incurred by the subdivider
in the maintenance of the reserved area, including interest costs
incurred on any loan or other financing relating to the acquisition,
holding or improvement of the reserved area.
(e)
Termination of Reservation. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement within the time period set forth in Section 20.36.040(c), the reservation of such area shall automatically terminate.
(Ord. 249 § 3, 1989)
As a condition of approval of a tentative map, the City Council
may require that the design of a subdivision shall provide for the
installation of required improvements to make available individual
household telephone services to each residential parcel in the subdivision
and such easements or rights-of-way necessary for such installations.
(Ord. 249 § 3, 1989)
