The city may require any subdivider who subdivides land to dedicate a portion of such land, pay a fee, or do both, as set forth in this chapter, for the purpose of developing new or rehabilitating existing park and recreational facilities to serve future residents of such subdivision.
(Ord. 795 § 1, 1983)
The provisions of this chapter shall apply to all subdivisions, as that phrase is defined in Section 66410 et seq. of the government code of the state of California, except as otherwise provided in Section 66477 of said code.
(Ord. 795 § 1, 1983)
A. 
It is found and determined:
1. 
The general plan of the city sets a standard of one acre per one hundred people as the appropriate ratio for a proper well balanced recreational program as it relates to available facilities, and three acres per one thousand people for neighborhood parks.
2. 
Residential density for the purpose of this chapter shall be determined in accordance with the most recent available census, to wit:
a. 
Single-family dwelling units equal 2.95 persons per dwelling unit, pursuant to the 1980 General Census; and
b. 
Duplexes and multiple-family dwelling units, including but not limited to condominiums equal 2.1 persons per dwelling unit, pursuant to the 1974 Special Census.
B. 
The basis for determining the total number of dwelling units shall be the number of such units permitted by the city on the property included in the subdivision at the time the final subdivision map is filed with the city council for approval.
(Ord. 795 § 1, 1983)
The amount of land required to be dedicated by a subdivider pursuant to this chapter shall be six hundred forty-three square feet per single-family dwelling unit and four hundred fifty-seven square feet per multiple-family dwelling unit.
(Ord. 795 § 1, 1983)
Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 17.36.040. "Fair market value" shall be determined as of the time of filing the final map in accordance with the following:
A. 
The fair market value as determined by the city council based upon the then assessed value, modified to equal market value in accordance with current practices of the county assessor; or
B. 
If the subdivider objects to such evaluation he may, at his expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the city, which appraisal may be accepted by the city council if found reasonable; or
C. 
The city and subdivider may agree as to the fair market value.
(Ord. 795 § 1, 1983)
A. 
The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:
1. 
Subdivider. At the time of filing a tentative map for approval, the owner of the property shall, as a part of such filing, indicate whether he desires to dedicate property for park and recreational purposes, or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof on the tentative map as submitted.
2. 
Action of City. At the time of the tentative map approval, the city council shall determine as a part of such approval whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both.
3. 
Prerequisites for Approval of Final Map. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be deposited with the city after approval of the final map, prior to release by the city of the final map for recordation.
B. 
Whether the city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
1. 
The open space and recreational element of the city's general plan; and
2. 
Topography, geology, access and location of land in the subdivision available for dedication; and
3. 
Size and shape of the subdivision and land available for dedication.
C. 
The determination of the city council as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive; provided, however, if land is required, the requirement shall be satisfied only by land acceptable to the city. On subdivisions involving fifty lots or less, only the payment of fees shall be required.
(Ord. 795 § 1, 1983)
If a subdivider provides park and recreational improvements upon land dedicated pursuant to this chapter, pursuant to a plan of development approved by the city, the value of the improvements so provided together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this chapter.
(Ord. 795 § 1, 1983)
At the time the final map is approved, the city council shall designate the time when and location where development or rehabilitation of the park and recreational facilities shall be commenced.
(Ord. 795 § 1, 1983)
The land and fees received under this chapter shall be used only for the purpose of developing new or rehabilitating existing park and recreational facilities to serve the subdivision for which received, and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.
(Ord. 795 § 1, 1983)
For projects with an affordable housing component, the project developer may request that the city defer impact fees until project occupancy. The city council may approve or deny, at its discretion, fee deferral. Any fee deferral shall be arranged through a written agreement between the developer and city.
(Ord. 1179 § 1, 2008)