The purpose of this article is to provide public lands for park and recreational uses. The public acquisition of such lands has been determined by the City Council as a method of retaining the Town's rural environment while simultaneously providing for many of the leisure and recreational needs of the citizens that comprise the community.
(§ 1, Ord. 572, eff. February 18, 2018)
The authority for providing for park and/or recreation space and/or facilities is based on this article, the recreation element of the General Plan of the Town, and Section 66477 of the Government Code of the State.
(§ 1, Ord. 572, eff. February 18, 2018)
(a) 
Every subdivider shall be required to dedicate a portion of land, or pay a fee in lieu thereof, or a combination of both, at the option of the Town for the purpose of providing park and/or recreational space/facilities. Said authority shall be governed by Section 9-1.1402.
(b) 
Fees in Lieu of Land Dedication. A subdivider may pay a fee to the Town in lieu of dedicating land if: (1) there is no park or recreational facility to be located in whole or in part within the proposed subdivision or site; or (2) the proposed subdivision contains 50 or fewer lots or parcels. Such fee shall be in an amount equal to the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to subsection (b) of Section 9-1.1404. "Fair market value," as used herein, shall be the greater of: (1) the average estimated fair market value for all residentially zoned real property located in the Town as determined by the Planning Director; or (2) the fair market value of the land in the subdivision or site, based upon its then assessed value modified to equal market value in accord with the current practices of the County Assessor and as determined by the Planning Director.
(c) 
The land, fees, or combination of both are to be used only for the purpose of providing park or recreational facilities to serve the subject subdivision.
(§ 1, Ord. 572, eff. February 18, 2018)
The amount of real property to be dedicated shall be five acres for each 1,000 persons residing within the Town. For the purpose of this article the population density shall be assumed as 3.6 persons per dwelling unit.
(a) 
The basis for determining the total number of lots or parcels shall be the number of same that appears on the approved or conditionally approved tentative map.
(b) 
The specific amount of real property to be dedicated in a given subdivision shall be eighteen thousandths of an acre, or 784 square feet for every lot or parcel that appears on the approved or conditionally approved tentative map.
(§ 1, Ord. 572, eff. February 18, 2018)
Land to be utilized for park and recreation purposes and reserved for the exclusive use of the inhabitants, guests, employees or tenants of the subdivision shall be credited against the park and recreation obligations as set forth in Section 9-1.1404, inclusive.
(a) 
Should the private park and recreation area exceed the requirements of Section 9-1.1404, inclusive, no monetary compensation or land credit shall be given the subdivider by the Town.
(b) 
Should the private park and recreation area fail to fulfill the requirements of Section 9-1.1404 inclusive, the difference between the area utilized for private park and recreation purposes and that required shall be satisfied by the payment of moneys.
(§ 1, Ord. 572, eff. February 18, 2018)
The procedure for determining whether a subdivider shall be given credit for land which is utilized for private park and recreation space to satisfy the requirements of Section 9-1.1404, inclusive, shall be as follows:
(a) 
At the time of the filing of the tentative map for approval, the owner of the property shall as part of such filing indicate whether he or she desires to reserve an area within the subdivision for a private park or recreational area, or a combination of land dedication or reservation and the payment of a fee, or the payment of a fee only, to satisfy the requirements of Section 9-1.1404, inclusive.
(b) 
Whether the City Council approves the area reserved for private park and recreation use as proposed by the subdivider shall be determined by their consideration of:
(1) 
The recommendation of the Planning Commission;
(2) 
That the amount and location of land to be dedicated or reserved for private recreation bears a reasonable relationship to the park and recreational needs of the future inhabitants of the subdivision;
(3) 
That the topography, size, shape, geology, or access to the private park and recreational area is of such portion and nature to allow for human utilization.
The determination of the City Council as to whether offers of private park and recreational space shall be considered in whole or part for the fulfillment of the requirements of Section 9-1.1404, inclusive, shall be final and conclusive.
(§ 1, Ord. 572, eff. February 18, 2018)
The procedure for determining whether the subdivider shall dedicate land, pay a fee, or both, shall be as follows:
(a) 
At the time of the filing of the tentative map for approval, the owner of the property shall, as a part of such filing, indicate whether he or she desires to dedicate property for park and recreational purposes or whether he or she desires to pay a fee in lieu thereof. If he or she desires to dedicate land for this purpose, he or she shall designate the area thereof on the tentative map as submitted.
(1) 
On subdivisions involving 50 lots or fewer, only the payment of fees shall be required.
(b) 
Whether the City Council accepts the land dedication for park and recreation as proposed by the subdivider shall be determined by their consideration of:
(1) 
The prerequisite that the subdivision is comprised of 51 or more lots and parcels;
(2) 
The recommendation of the Planning Commission;
(3) 
That the amount and location of land to be dedicated bears a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subject subdivision;
(4) 
That the topography, size, shape, geology, or access to the dedicated land is of such a nature as to allow for human utilization, including visual utilization;
(5) 
That the amount of land being offered for dedication fulfills the area obligation as set forth in subsection (b) of Section 9-1.1404. If such park space is less than the total park or recreational space obligation required, the subdivider shall pay the difference between the total amount of the required park and recreational fee less the fair market value of the land dedicated for park and recreational space.
The determination of the Council as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. Should the City Council determine that land shall be dedicated, they shall concurrently specify when development of the park or recreational facilities will begin.
(§ 1, Ord. 572, eff. February 18, 2018)