As a condition of approval of a tentative map or parcel map, rezoning, issuance of a building permit, or other discretionary action granting approval for the development of one or more dwelling units, the subdivider shall dedicate land as set forth in Government Code Section 66477(a), for neighborhood or community parks or recreational purposes at the time and according to the standards and formulas contained in this chapter.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
It is found and determined that the public interest, convenience, health, welfare, and safety require that six acres of property for each 1,000 persons residing within this City be devoted to local park and recreational purposes. Such requirements will be satisfied by a combination of: (1) park land and park development dedications pursuant to this article; (2) usable open space, accepted in accordance with Section 19-70.200; and (3) school recreational land. The acreage of each park type per 1,000 residents shall be determined by the City Council by resolution. The adopted park land dedication standard shall reflect the ratio of park land to residents, as set forth in California Government Code Section 66477.
(Ord. 3216 § 1, 1995; Ord. 3591 § 1, 2002; Ord. 2018-014 § 1)
Where a park or recreation facility has been designated in the General Plan of the City, and is to be located in whole or in part within the proposed subdivision for the purpose of serving the immediate and future needs of the residents of the subdivision, the developer 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 formula:
The formula for determining acreage to be dedicated shall be as follows:
Average No. of Persons/Unit
x
Park acreage dedication standard
=
minimum acreage dedication
1,000 people
Example for single-family attached dwelling unit (DU):
2.75 x 3.0
=
.00825 acres/DU
1,000
The following table of population density has been established pursuant to Section 66477(a)(2) of the Government Code:
Population per Dwelling Type
Types of Dwelling
Average Population Density/DU
Single-family detached
2.75
Single-family attached
2.71
Duplex
2.66
Multifamily
2.19
Mobile homes
1.64
Dedication of the land shall be made in accordance with the procedures contained in Section 19-70.130 hereof.
For the purposes of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the tentative or parcel map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone, including any applicable density increases. 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 developer shall, without credit: (1) provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this section; (2) provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; (3) provide improved drainage through the site; and (4) provide other minimal improvements which the decision-making body determines to be essential to the acceptance of the land for recreational purposes.
The land to be dedicated and the improvements to be made pursuant to this section shall be reviewed at the tentative map stage in accordance with the criteria set forth in Section 19-70.100 and approved by the Director of Recreation and Parks.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
The developer shall pay the park impact fee adopted pursuant to Section 19-70.090 and receive a credit against the amount of the fee for the value of the land dedication. The amount of the credit shall not exceed the portion of the park impact fee associated with park land acquisition costs based on: (1) the total park impact fee calculated for the development project based on the current fee schedule adopted pursuant Section 19-70.090; multiplied by (2) the percentage of the total park impact fee associated with park land acquisition costs as determined by the City Council by resolution. The credit shall not exceed the appraised value of the park land dedicated by the developer.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)