This chapter is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act, known as the Quimby Act, for the purpose of implementing the Parks and Recreation Element of the Live Oak General Plan, by providing for the acquisition of park land for neighborhood and community parks or payment of fees in lieu thereof, or a combination of both, and the development of park and recreation facilities.
(Ord. 539 § 1, 2011)
As a condition of approval of a final map or parcel map, the subdivider shall dedicate land or pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes according to the standards and formula contained in this chapter.
(Ord. 539 § 1, 2011)
A. 
Fifty Lots or Less. In subdivisions containing 50 lots or less, the City shall require only the payment of fees and shall not require the dedication of land. However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in a subdivision of 50 lots or less where the subdivider proposes such dedication voluntarily and the land is acceptable to the City.
B. 
Less Than Five Lots. Subdivisions of less than five lots and not intended for residential purposes shall be exempted from the requirements of this chapter provided, however, that a condition shall be placed on the approval of such tentative parcel map that if a building permit is requested for construction of a residence or residences on one or more of the lots, the fee may be required to be paid as a condition of the permit.
C. 
Nonresidential Subdivisions. The provisions of this chapter do not apply to commercial or industrial subdivisions, nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing building which is more than five years old when no new residences are added.
(Ord. 539 § 1, 2011)
In accordance with the Parks and Recreation Element of the Live Oak General Plan and subsequent amendments thereto, it is found and determined that the public interest, convenience, health, welfare and safety require that five acres of land for each 1,000 residents within the City be devoted to park and recreational facilities.
(Ord. 539 § 1, 2011)
As a condition of approval for any final map or parcel map, except as provided in Section 16.50.030, 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 Land. Where a park or recreation facility is designated in the General Plan and the park or facility 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 be required to dedicate land for park and recreational facilities. The amount of land to be provided shall be determined pursuant to the standards set forth in this chapter.
B. 
Fees In Lieu of Land Dedication. If there is no park or recreational facility designated or required in whole or part within the proposed subdivision, and the proposed subdivision is within one mile of a proposed park or recreational facility, 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 the provisions of this chapter.
C. 
Land Dedication and In-Lieu Fees Required. In certain subdivisions a combination of land dedication and fee payment may be required in accordance with Section 16.50.100.
(Ord. 539 § 1, 2011)
Where the dedication of land is a condition of a final map, the amount of such land to be dedicated per residence shall be based on the following:
Where the average number of persons per residence in the City of Live Oak is 3.43 (based on the 2000 U.S. Census; newer Census data may be used as it becomes available).
Where acres per person required is 0.005 (from Section 16.50.040).
Therefore:
3.43 X 0.005 = 0.017 acre of land dedication is required per residence.
(Ord. 539 § 1, 2011)
In addition to the land dedication prescribed in Section 16.50.060 the subdivider shall provide:
A. 
Public Improvements. Utility line extensions and street improvements including curbs, gutters, sidewalks, street paving and street lights to land which is dedicated pursuant to this chapter; and
B. 
Other Improvements. Other improvements which the City determines to be essential to the acceptance of the land for park or recreational purposes.
(Ord. 539 § 1, 2011)
A. 
General Formula. If there is no park or recreation facility designated in the General Plan to be located in whole or part within the proposed subdivision, or the subdivision consists of 50 or fewer lots, the developer, in lieu of land, shall pay a fee equal to the value of that land plus 20% towards the cost of public improvements, as described in Section 16.50.070.
B. 
Calculation of In-Lieu Fees. The amount of in-lieu fees shall be based upon the fair market value of the amount of land which would otherwise be required for dedication, as determined by the City Council. The amount to be paid shall be a sum calculated pursuant to the following formula:
A x V = M
Where A = the amount of land required for dedication as determined in Section 16.50.060.
Where V = the fair market value (per acre) of the property to be subdivided as established by the City Council.
Where M = the number of dollars to be paid in lieu of dedication of land, to which shall be added 20% for the public improvements.
(Ord. 539 § 1, 2011)
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 the fees are collected. These fees shall be used to purchase land, equipment or to construct improvements to neighborhood and community parks or recreational facilities serving the subdivision.
(Ord. 539 § 1, 2011)
A combination of dedication of land and payment of in-lieu fees may be required when the following exists:
A. 
When only a portion of the land proposed for a park or recreation site is within the subdivision or is acceptable to the City as a site for a park or recreation facility, such portion shall be dedicated for park or recreation purposes, and a fee computed pursuant to the provisions of this chapter shall be paid for the value of any additional land that would have been required to be dedicated pursuant to this chapter.
B. 
When a part of a park or recreation site has already been acquired by the City and only a portion of the land is needed from the subdivision to complete the site, such remaining portion shall be dedicated; and a fee computed pursuant to the provisions of this chapter shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to this chapter.
(Ord. 539 § 1, 2011)
Where private open space usable for park or recreational purposes is provided in a planned development, real estate development, stock cooperative and community apartment project, as defined in Sections 11003, 11003.1, 11003.2, 11003.4 and 11004, respectively of the Business and Professions Code, and condominiums, as defined in Section 783 of the Civil Code, partial credit, not to exceed 50%, shall be given against the requirement of land dedication or payment of fees in-lieu thereof if the Planning Commission finds that it is in the public's interest to do so and that all of the following standards are met:
A. 
Consistent With the General Plan. The facilities proposed are in substantial conformance with the Parks and Recreation Element of the Live Oak General Plan and any implementing park studies; and
B. 
Not in Required Open Space. Yards and other open areas required by the zoning and building regulations shall not be included in the computation of such private open space; and
C. 
Homeowners Association. The private park and recreation facilities shall be owned by an owners association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a 75% affirmative vote of the membership and approved by the City, operated under recorded land agreements through which each lot owner on the project is automatically a member, and each lot is subject to a charge for a proportionate share of the expenses for maintaining the facilities; and
D. 
Minimum Size. The private park or recreation area against which credit will be given shall be at least two acres in size.
(Ord. 539 § 1, 2011)