The city council declares that the intent and purpose of this
chapter is to provide a procedure by which new subdivisions will bear
their appropriate share of the cost of acquisition, development, rehabilitation
and expansion of the park and recreational facilities of the community.
The continued development of residential subdivisions in the city,
with the attendant increase in the number of people living in the
city, has created the need to acquire and develop new, and rehabilitate
and expand existing public parks, playgrounds and recreational facilities
and to provide the means by which to finance such works of improvement.
(Ord. 1571 § 3, 1990)
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means each single-family, two-family or multiple-family residence
as defined in Title 21 of this code.
means each space, or area in a mobile home park that is rented
or leased for use and occupancy by a mobile home as defined in Title
21 of this code.
(Ord. 1571 § 3, 1990)
(a)
In addition to any other fee, license, or permit prescribed by this
code, land or a fee in lieu of land for park or recreation shall be
dedicated or paid to the city pursuant to this chapter prior to release
by the city of the final tract map or parcel map for recordation.
At the time of tentative tract map or parcel map approval, the city
council shall determine whether to require dedication of land, payment
of the in-lieu fee or a combination of both.
(b)
When a subdivision contains fifty lots or less, only the payment
of the in-lieu fee shall be required. This subsection shall not apply
to a condominium project, stock cooperative or community apartment
project that exceeds fifty dwelling units, not withstanding that the
number of lots may be less than fifty.
(Ord. 1571 § 3, 1990)
(a)
Park Land Dedication Standards. The amount of land required to be
dedicated shall be equal to five acres per one thousand persons residing
within the subdivision. The number of persons per dwelling unit or
mobilehome space shall be presumed to be equal to the average household
size as identified in the most recent available federal census. The
total number of dwelling units or mobilehome spaces shall be the number
of such units or spaces included in the subdivision at the time the
tentative tract map or parcel map is approved.
(b)
Park Land Dedication Formula. The formula for determining the amount
of park land to be dedicated to the city per subdivision is as follows:
Acres of land dedication = 5 x number of persons per dwelling
unit or mobile home space x number of dwelling units or mobile home
spaces/1000.
(c)
Acceptance of Land Dedication. In the event that land is required
to be dedicated to the city, the requirement shall be satisfied only
by land that is acceptable to the city at the time the tentative tract
map or parcel map is approved. The acceptance of land shall be based
on, but not limited to, the following:
(1)
The recreational portions of the open space and land use elements
of the city's general plan;
(2)
The topography, geology, access and location of the land in the subdivision
available for dedication; and
(3)
The size and shape of the subdivision and of the land in the subdivision
available for dedication.
(d)
Fee or Land Dedication Required on Less Than Fifty Parcels. When
a condominium project, stock cooperative or community apartment project
exceeds fifty dwelling units, the city council may require land dedication
and/or payment of fees not withstanding that the number of parcels
may be less than fifty.
(Ord. 1571 § 3, 1990)
The fee to be paid in lieu of land dedication shall be as established
by resolution of the city council. The amount of the in lieu fee shall
not exceed the value of the amount of land which would otherwise be
required to be dedicated pursuant to this chapter and shall be based
on the following standards:
(1)
The estimated density of the subdivision, as determined by the city.
Density shall fluctuate by zone classification and shall be expressed
as the maximum number of dwelling units per gross acre permitted by
the city's zoning ordinance for the particular zone classification
not to exceed thirteen dwelling units per gross acre for any zone;
(2)
The estimated value of the land, per lot prior to development, as
determined by the city. Value may fluctuate by zone classification;
(3)
The required land dedication, provided that council may establish
fees based on a land dedication of less than the ratio of five acres
per one thousand residents in order to establish a reasonable fee;
and
(4)
The formula to be used in establishing in lieu fees is as follows:
{(Land value per lot x Units per acre)/43,560} x {(Acres of
required land dedication x 43,560 x Population per household)/ 1000}
= Fee per dwelling unit or mobilehome space.
(Ord. 1571 § 3, 1990)
(a)
If the subdivider agrees to provide park and recreational improvements
to the dedicated land, the value of the improvements, together with
the equipment located thereon, shall be credited against the requirement
for the dedication of land or payment of an in-lieu fee.
(b)
Where private open space land in a real estate development stock
cooperative, or community apartment project, as defined in Sections
11003, 11003.1, 11003.2, 11003.4 and 11004, respectively, of the Business
and Professions Code, or a condominium, as defined in Section 783
of the Civil Code, is to be improved by the subdivider for active
recreational uses and such land and improvements are to be owned and
maintained by the future residents of the subdivision, fifty percent
of the value of the land and improvements shall be credited against
the requirement for the dedication of land or the payment of an in-lieu
fee, provided the following standards are met:
(1)
That yards, court areas, setbacks and other open areas required to
be maintained by the zoning and building regulations are not included
in the computation of such private open space land;
(2)
That the private ownership and maintenance of the land and associated
improvements will be adequately provided for by written agreement;
(3)
That the use of the land and associated improvements will be restricted
for active recreational uses by recorded covenants that run with the
land in favor of the future owners of lots within the subdivision
and which cannot be defeated or eliminated without the consent of
the city council;
(4)
The city council finds that the land is adaptable for active recreational
uses, taking into consideration such factors as size, shape, topography,
geology, access, and location; and
(5)
The city council approves the associated improvements proposed for
the land.
(Ord. 1571 § 3, 1990)
The provisions of this chapter shall not apply to the following:
(1)
Subdivisions Containing Five or Less Parcels and Not Used for Residential
Purposes. However, a condition may be placed on the approval of such
parcel map that if a building permit is requested for construction
of a residential structure or structures on one or more of the parcels
within four years, the in-lieu fee in effect at the time application
for the building permit is made may be required to be paid by the
owner of such parcel as a condition to the issuance of such permit;
(2)
Commercial, industrial or manufacturing subdivisions;
(3)
Condominium projects or stock cooperatives which consist of the subdivision
of airspace in an existing apartment building which is more than five
years old when no new dwelling units are added.
(Ord. 1571 § 3, 1990)
All of the fees collected pursuant to this chapter and any interest
earned thereon shall be deposited in a capital improvement fund for
park and recreation purposes and shall be used solely for capital
outlay expenditures such as, but not limited to, the following:
(1)
Acquisition and development of parks and recreation facilities;
(2)
Acquisition, development and preservation of open space for outdoor
recreation, including areas of scenic, historic or cultural value;
(3)
Acquisition and development of bicycle trails, riding trails and
other types of trails for recreational use; and
(4)
Rehabilitation or expansion of existing parks, recreational facilities,
recreational open space and trails.
(Ord. 1571 § 3, 1990)
If any fee collected under this chapter is not committed within
five years of the date the fee is deposited with the city or the issuance
of building permits on one-half of the lots created by the subdivision,
whichever occurs later, the city shall refund to the then current
record owner or owners of the subdivision in the same proportion that
the size of their lot bears to the total area of all lots within the
subdivision the uncommitted portion of the fee, and any interest accrued
thereon. The city shall refund the fees by direct payment.
(Ord. 1571 § 3, 1990)
