The authority for the dedication of land and/or the payment
of fees for park and recreation facilities is granted pursuant to
Section 66418, Article 2, Chapter 1, and Section 66477, Article 3,
Chapter 4 of the Subdivision Map Act, and the provisions therefor
are set out in this article.
(Prior code § 9110.15; Ord. 855 § 3, 1994)
As a condition of approval of a final tract map the subdivider
shall dedicate land, pay a fee in lieu thereof, or both, at the sole
option of the city, for park and/or recreation purposes in accordance
with the provisions of this article, except where a division of land
contains fifty lots or less, only the payment of fees may be required.
(Prior code § 9110.15 (A); Ord. 855 § 3, 1994)
It is found and determined that the public interest, convenience,
health, safety and general welfare require that land within a subdivision
to be developed for residential dwellings be donated to local park
and recreation purposes.
(Prior code § 9110.15 (B); Ord. 855 § 3, 1994)
This article does not apply to commercial or industrial subdivisions
or to condominium projects or stock cooperatives which consist of
the subdivision of air space in an existing apartment building which
is more than five years old when no new dwelling units are added.
(Prior code § 9110.15 (J); Ord. 855 § 3, 1994)
A.
Whenever
a park or other recreation facility has been designated for such in
the general plan and is located in either whole or in part within
the division of land to serve the immediate and future needs of the
residents thereof, the subdivider shall dedicate land for a local
park sufficient in size and topography to serve the residents of such
division of land. The amount of land to be dedicated shall be the
greater of:
1.
.008
acres per resident of the subdivision. The number of residents of
the subdivision shall be calculated by multiplying the number of residential
units times the average number of persons per household. The presumption
contained in Section 66477 of the Subdivision Map Act may be used
to calculate the average number of persons per household.
(Prior code § 9110.15 (C); Ord. 855 § 3, 1994; Ord. 876 § 3, 1995)
If there is no park or other recreation facility designated in the general plan to be located either in whole or in part within the division of land to serve the immediate and future needs of the residents thereof, or if the subdivision consists of fifty lots or less, the subdivider shall, in lieu of dedicating land therefor, pay a fee equal to the value of land prescribed for dedication in Section 17.36.190 hereof in an amount determined in accordance with the provisions of Section 17.36.230.
The subdivider may receive a credit of fifty percent of the value of private open space provided that such space meets the criteria established in Section 17.36.250.
(Prior code § 9110.15 (D), (1); Ord. 855 § 3, 1994; Ord. 876 § 4, 1995)
If a division of land is subdivided into more than fifty lots,
the subdivider shall dedicate land and pay a fee in lieu thereof in
accordance with the following formula:
A.
Portion of Land for Dedication and Payment of Fees. Whenever only a portion of a park or other recreation facility has been designated for such in the general plan as a local park site, such portion shall be dedicated for local park purposes and fees computed pursuant to the provisions of Section 17.36.230 shall be paid for any additional land that would have been required to have been dedicated pursuant to the provisions of Section 17.36.190 hereof.
B.
Major Portion of Land Already Acquired by City and Payment of Fees. Whenever a major portion of a local park or recreation site has already been acquired by the city and only a small remaining portion of land is needed from a division of land to complete such park or recreation site, such remaining portions shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 17.36.230 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to the provisions of Section 17.36.190 hereof.
(Prior code § 9110.15 (E); Ord. 855 § 3, 1994; Ord. 876 § 5, 1995)
A.
The
city council or planning commission shall determine whether land shall
be dedicated for local park purposes or require the payment of fees,
or both the dedication of land and payment of fees, based upon the
following considerations:
1.
The
public facilities element of the general plan;
2.
The
topography, geology, access and location of land available for dedication;
3.
The
size, shape area of the division of land and the land available for
dedication;
4.
The
feasibility of dedication;
5.
The
compatibility of dedication with the provisions of the general plan;
and
6.
The
availability and improvements of previously acquired land for park
and recreation purposes.
B.
The
determination of the city council shall be final and conclusive.
(Prior code § 9110.15 (G); Ord. 855 § 3, 1994)
Whenever a fee is required to be paid in lieu of dedication
of land, the amount of such fee shall be based upon the average fair
market value for the city, and such fair market value figure shall
be adjusted annually by the city to keep current with property appreciation.
(Prior code § 9110.15 (F); Ord. 855 § 3, 1994)
The fees collected pursuant to the provisions of this article
shall only be used for the purposes of providing park and recreation
facilities reasonably related to serving the residents of a division
of land by purchasing necessary land or if deemed by the city council
that sufficient land is already available, such fees may be used for
improvements of such available land for park and recreation purposes.
(Prior code § 9110.15 (D)(2); Ord. 855 § 3, 1994)
Whenever private open space for park and recreation purposes is provided in a division of land for a planned residential unit development and such space is to be privately owned and maintained by the future residents thereof, fifty percent of the value of such private open space as determined by Section 17.36.230 may be credited toward the requirement of dedicating land and/or payment of fees in lieu thereof, provided that the city council finds that it is in best interests of the public welfare to do so subject to the following requirements:
A.
No
yard, court area, setback or any other similar open area required
to be maintained that is regulated by the zoning code or by the city
building laws shall be included in the computation of such private
open space, except for open space required by a planned residential
unit development;
B.
The
private ownership and maintenance of such private open space is adequately
provided for by recorded written agreement, conveyance, covenant,
condition or restriction, in which approval of the city is a part
thereof;
C.
The
use of the private open space is restricted to park and recreation
purposes only by recorded covenant, conditions or restriction, which
runs with the land in favor of the future owners of interest in common,
which cannot be separated or eliminated without the express approval
of the city;
D.
The
use of the private open space is reasonably acceptable for park and
recreation purposes, taking into consideration such factors as may
bear upon such use therefor;
E.
The
facilities provided for the private open space and substantially conform
to the provisions and objectives of the public facilities element
of the general plan.
(Prior code § 9110.15 (H); Ord. 855 § 3, 1994; Ord. 876 § 6, 1995)
The city council, or planning commission, at the time of approval of a tentative tract map, shall determine in accordance with the provisions of Section 17.36.220 the land to be dedicated and/or fees to be paid by the subdivider. At the time of filing the final tract map, the subdivider shall dedicate the land and/or pay the fees as determined by the city council. Open-space covenants, conditions or restrictions for park or recreation facilities qualifying for private open space credit shall be submitted to the city prior to approval of the final tract map and shall be recorded prior to such final tract map or concurrently therewith.
(Prior code § 9110.15 (I); Ord. 855 § 3, 1994)
The city council, at the time of approval of a final tract map,
shall develop a schedule specifying how, when and where it will use
the land or fees, or both, to develop park or recreational facilities
to serve the residents of the subdivision. Any fees collected under
this article shall be committed within five years after the payment
of such fees or the issuance of building permits on one-half of the
lots created by the subdivision, whichever occurs later. If the fees
are not committed, they, without any deductions, shall be distributed
and paid to the then record 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.
(Prior code § 9110.15 (K); Ord. 855 § 3, 1994)
