Whenever a subdivider is required pursuant to Map Act Section
66475 to dedicate roadways to the public, he/she shall also be required
to dedicate additional land as may be necessary and feasible to provide
bicycle paths for the use and safety of the residents of the subdivision,
if the subdivision contains two hundred or more parcels, pursuant
to Map Act Section 66475.1.
(Ord. 469 § 1, 1990)
The purpose of this chapter is to provide for improvement or
the payment of fees to defray the actual or estimated cost of the
construction of bridges over waterways, railways, freeways and canyons
and/or major thoroughfares as a condition of approval of a final map
or as a condition of issuing a building permit, pursuant to Map Act
Sections 66484 and 66489, consistent with the circulation element
of the general plan.
A. Definitions.
The following definitions apply specifically to this chapter:
"Area of benefit"
means a specified area for which it has been determined that
the real property located therein will benefit from the construction
of a bridge and/or major thoroughfare.
"Bridge facilities"
means those situations identified in the circulation element
requiring construction of, or addition to, a bridge spanning a waterway,
railway, freeway or canyon or that is part of a major thoroughfare.
"Construction"
means design, acquisition of right-of-way, administration
of construction contracts, actual construction and inspection(s).
"Major thoroughfare"
means a roadway designated as arterial, major or secondary
highway, as identified in the circulation element, whose primary purpose
is to carry through traffic and provide a network connecting to the
state highway system.
"Transportation uniform mitigation fee (TUMF)"
means the regional transportation fee established to fund
the improvement of roadways necessary to mitigate the traffic generated
by the development of property in the Coachella Valley to the year
2010.
B. Establishment
Procedures. Action to establish an area of benefit requiring the payment
of fees outlined in this section shall be accomplished, pursuant to
the provisions of Map Act Section 66484.
C. Amendments.
Resolutions establishing areas of benefit may be amended by the council
to reflect modifications in either bridge and/or major thoroughfare
facilities. These amendments shall be adopted in the same manner as
the original resolution.
D. Payment
of Fees. Fees required pursuant to this section shall be paid prior
to the recordation of a final or parcel map. These fees shall be based
on the city's "schedule of fees" in effect on the date of payment.
E. In
Lieu Consideration. The council may approve the acceptance of consideration
in lieu of payment of fees outlined in this section.
F. Reimbursement.
If a subdivider, as a condition of approval of a tentative map, is
required or desires to construct a bridge and/or major thoroughfare,
to an extent beyond that which is directly attributable to the subdivision,
the council within its sole discretion may enter into a reimbursement
agreement with the subdivider, to provide for payments to the subdivider
from the applicable fund. Such reimbursement shall be limited to the
extent that the subdivider constructed the improvement beyond that
which is needed to accommodate the direct needs and impacts of the
subdivision.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map,
shall dedicate, or make an irrevocable offer of dedication of, all
parcels of land within the subdivision that are needed for streets
and alleys, including access rights and abutter's rights, drainage,
public open space, trails, scenic easements, public utility easements
and other public easements, pursuant to Map Act Section 66475. In
addition, the subdivider shall improve or agree to improve all the
aforementioned dedications and easements.
(Ord. 469 § 1, 1990)
All dedications of property to the city for public purposes
shall be made in fee title, except that, at the city's discretion,
a grant of an easement may be accepted for open space, scenic, trails
and/or public utility easements. All dedications in fee and grants
of easements shall be free of liens and encumbrances except for those
which the city finds would not conflict with the intended use. The
city may accept an irrevocable offer of dedication in lieu of dedication.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map,
may be required to dedicate, pay fees or make any irrevocable offer
of dedication, of land within the subdivision for local transit facilities
(e.g., shelters, bus turnouts, etc.), pursuant to Map Act Section
66475.2.
(Ord. 469 § 1, 1990)
A. General.
The purpose of this section is to provide additional park and recreational
facilities and open space. The park and recreational facilities for
which dedication of land and/or payment of a fee is required by this
section shall be in compliance with the policies, goals and standards
contained in the parks and recreation element of the general plan.
B. Requirements.
The subdivider, as a condition of approval of a tentative map, shall
dedicate land, pay a fee in lieu, or both, at the discretion of the
planning commission for park and/or recreational purposes. The specific
condition requiring dedication and/or payment of fee shall state the
time at which the subdivider shall transfer title and/or pay the applicable
fees.
C. Park
Area Standard. It is found and determined that the public interest,
convenience, health, safety and welfare require that three acres of
land for each one thousand persons residing within the city be devoted
to park and recreational purposes. Lands held as public open space,
for wildlife habitat, shall not be included in this formula.
D. Formula
and Standards for Park Land Dedication.
1. In
determining the amount of land to be dedicated or fees in lieu, the
average number of persons per household by unit type, shall be determined
from the most recent available federal census date.
2. The
number of proposed dwelling units shall be calculated as follows:
a. For single-family or mobilehomes the number of dwelling units shall
equal the number of parcels shown on the tentative map or lots indicated
on the approved development plan.
b. For multifamily developments the number of dwelling units shall equal
the maximum number of units permitted by the general plan and Title
17 and/or as indicated on the approved development plan.
E. General
Plan.
1. Where a public park or recreational facility has been designated in the general plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the needs of the residents of that subdivision, the subdivider shall dedicate land for park and recreational facilities sufficient in size and physical characteristics to meet that purpose. The amount of land shall be determined pursuant to subsection
D of this section.
2. If there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision to serve the needs of the residents of that subdivision, the subdivider shall, pursuant to planning commission determination, dedicate land or pay a fee in lieu of dedication in compliance with subsection
D of this section.
3. All
lands to be dedicated for park and/or recreational purposes shall
be found suitable by the planning commission for park land use (e.g.,
location, size, topography, environmental characteristics, etc.).
F. Determination
of Land or Fee. The planning commission shall consider the following
when evaluating the acceptance of land for dedication or payment in
lieu, or a combination of land for dedication or payment in lieu,
or a combination of both:
1. Parks
and recreation element, and any other applicable provision of the
general plan;
2. Topography,
geology, access and location of land in the subdivision suitable for
dedication;
3. Size
and shape of the subdivision and land suitable for dedication;
4. Feasibility
of dedication; and
5. Availability
of previously acquired private property.
G. In-Lieu Fees. The community development director may allow the subdivider to pay a fee equal to the land value of that portion of the park or recreational facilities required to serve the needs of the residents of the proposed subdivision, pursuant to subsection
D of this section in lieu of land dedication. The community development director may annually adjust the land value basis for in-lieu fees using actual sales of vacant property for the preceding five years.
H. Commitment
of Funds. The money collected for the purpose of acquisitions, developing
new or rehabilitating existing park, or recreational facilities related
to serving the subdivision shall be committed pursuant to Map Act
Section 66477(f) within five years after payment of the fee or the
issuance of building permits on one-half of the lots created by the
subdivision, whichever occurs later.
I. Credit
for Private Open Space. Where private open space for park and recreational
purposes is provided in a proposed subdivision and such space is to
be privately owned and maintained by the future residents of the subdivision,
partial credit may be given against the requirement of land dedication
or payment of fees in lieu thereof if the council finds that it is
in the public interest to do so and that all of the following standards
are met:
1. The
yards, court areas, setbacks and other open areas required to be maintained
shall not be included in the computation of the private open spaces;
2. The
private ownership and maintenance of the open space is adequately
provided for by recorded written agreement, conveyance or restrictions;
3. The
use of the private open space is restricted for park and recreational
purposes by recorded covenant, which runs with the land in favor of
the future owners of property and which cannot be defeated or eliminated
without the consent of the city or its successor;
4. The
proposed private open space is reasonably adaptable for use for park
and recreational purposes, taking into consideration such factors
as size, shape, topography, geology, access and location;
5. The
facilities proposed for open space are in substantial compliance with
the provisions of the parks and recreation element of the general
plan;
6. That
the minimum open space for which credit is given shall be based on
the following standards:
|
Acres
|
---|
1.
|
Children's play apparatus areas
|
.50 to .75
|
2.
|
Family picnic area
|
.25 to .75
|
3.
|
Game court area
|
.25 to .50
|
4.
|
Turf playfield
|
1.00 to 3.00
|
7. Park
facilities eligible to receive credits shall be limited to those normally
provided as part of local or community parks and should meet minimum
city development standards;
8. Facilities
for which credit is given shall not exceed that which is needed by
the development being served unless it is easily available to the
general public, in which case credit shall be limited to identified
park deficiencies for the general public;
9. Credit
shall be considered by the community development director upon a written
request and justification submitted by the subdivision. Based upon
the city's general plan parks and recreation element standards and
adopted park needs analysis and criteria contained herein, the director
shall review the request and recommend to council the amount of credit,
if any.
Before credit is given, the council shall adopt written findings
that the standards in this subsection are met.
|
J. Subdivisions
Not Within City Limits. When the proposed subdivision lies within
the sphere of influence of the city, and the subdivider intends to
annex, the subdivider shall dedicate land, pay a fee in lieu thereof,
or both in compliance with adopted park and recreational principles
and standards of the city's general plan, and pursuant to the provisions
of this section.
(Ord. 469 § 1, 1990; Ord. 499 § 2, 1991; Ord. 645 § 3 Exh. C, 1996; Ord. 652 § 3 Exh. C, 1996; Ord. 656 § 1 Exh. A, 1996)
The subdivider, as a condition of approval of a tentative map,
may be required to reserve areas of real property for parks, recreational
facilities, fire stations, libraries or other public uses, pursuant
to the requirements of Map Act Sections 66479 and 66480.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map,
may be required to dedicate real property for the construction of
an elementary school to assure the residents of the subdivision adequate
public school service. The dedication and subsequent repayment to
the subdivider shall comply with the provisions of Map Act Section
66478.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map,
shall dedicate easements for the purpose of assuring that each parcel
or unit in the subdivision shall have the right to receive sunlight
across adjacent parcels or units in the subdivision for any solar
energy system, as defined in Section 801.5 of the State
Civil Code,
and pursuant to Map Act Section 66475.3. At the time of tentative
map approval, the council shall impose conditions which specify the
following:
A. Standards
for determining the exact dimensions and locations of the easements;
B. Any
restrictions on vegetation, buildings and other objects which would
obstruct the passage of sunlight through the easement; and
C. Any
terms or conditions under which an easement may be revised or terminated.
(Ord. 469 § 1, 1990)
The subdivider, as a condition of approval of a tentative map,
may be required to install improvements of a supplemental size, capacity,
number or length for the benefit of property not within the subdivision
and that the improvements be dedicated to the public, pursuant to
Map Act Section 66485. The city when imposing this section shall agree
to reimburse the subdivider for oversizing, pursuant to Map Act Sections
66486 and 66487.
(Ord. 469 § 1, 1990)
The subdivider shall pay the transportation uniform mitigation
fee (TUMF) as required by the city's schedule of fees.
(Ord. 469 § 1, 1990)
The city shall require as a condition of approval of a tentative
map dedication of streets designated as arterial highways, including
waiver of direct access rights, except at approved access points.
The city may require as a condition of approval of a tentative map
that dedications or offers of dedication of streets include a waiver
of direct access rights to any street from any property within or
abutting the subdivision. The waiver shall become effective upon acceptance
of the dedication, pursuant to Map Act Section 66476.
(Ord. 469 § 1, 1990)
Residential projects resulting in the creation of any number
of additional residential lots shall form or join a community facilities
district for the purpose of defraying the costs of providing municipal
services to the subdivision on an annual basis.
(Ord. 469 § 1, 1990; Ord. 1074 § 2, 2013)