This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state. The park and recreation facilities in which dedication of land and/or the payment of a fee in lieu of dedication required by this chapter are in accordance with the adopted general plan of the city.
(Prior code § 153.01)
As a condition of approval of a tentative map or tentative parcel map, the subdivider shall dedicate land, pay a fee in lieu of dedication, or both, at the option of the city, for park and recreational purposes according to the standards and formulas contained in this chapter.
(Prior code § 153.01)
In consideration of the public interest, convenience, health, welfare and safety, the city standard for local park and recreational purposes shall be five acres of property for each 1,000 persons residing within this city, in accordance with the adopted general plan of the city.
(Prior code § 153.01)
A. 
When the general plan of the city has identified a need for park and recreational facilities, and the facility is located to serve the needs of the residents of a particular residential subdivision/project, the subdivider/applicant shall either dedicate land for a local park or recreational facility, pay a fee in lieu of the dedication or facility, or a combination.
B. 
The minimum amount of land to be dedicated shall be determined using the general standard in the following formula:
DUs x Pop/DU x 5 acres/1,000 people = minimum acreage dedication
Where:
DUs = number of new dwelling units in the project/subdivision.
Pop/DU = population per dwelling unit.
C. 
For the purposes of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the tentative map or tentative parcel map. When all or part of the subdivision/project is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall be equal to the maximum allowed under that zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term "new dwelling unit" does not include dwellings units lawfully in place prior to the date on which the parcel map or final map was filed.
D. 
Population per dwelling unit shall be based upon the most recent federal census.
E. 
The subdivider/applicant may also be required to:
1. 
Provide full street improvements and utility connections to dedicated land which is dedicated pursuant to this chapter;
2. 
Provide for fencing/screening along the property line of that portion of the subdivision/project that is contiguous to the dedicated land;
3. 
Provide other minimal improvements which the city council determines to be essential to the acceptance of the land for recreational purposes.
F. 
The value of the above improvements shall be a credit against the dedication of land or the payment of fees required by this chapter.
G. 
The land to be dedicated and the improvements to be made pursuant to this section shall be approved by the original approving body.
(Prior code § 153.01)
A. 
When a fee is 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 for dedication pursuant to Section 16.32.040. The fee shall be determined by the following formula:
DUs X pop/DU X 5 acres/1,000 people X FMV/buildable acre = in-lieu fee
Where:
DUs = number of dwelling units as defined in Section 16.32.040. Pop/DU = number of people per dwelling unit.
FMV = Fair market value as determined by Section 16.32.060.
Buildable acre = A typical unimproved net acre on the recorded map for the subdivision/project, or portion thereof, with a normal building site, with slopes of less than 2 percent, located in an area on which a building is not excluded because of flooding, easements or other restrictions.
B. 
For a subdivision of less than 50 parcels, only the payment of fees is required, unless otherwise required by the final approving body.
C. 
Fees to be collected pursuant to this section shall be approved by appropriate approving body.
(Prior code § 153.01; Ord. 03-218 §§ 1, 2)
A. 
The fair market value of a buildable acre of land shall be determined by the city, with a written appraisal prepared at the subdivider's expense and signed by a qualified real estate appraiser under contract to the city. The appraisal shall be made immediately prior to the filing of a final map or parcel map. If more than three months elapse between the preparation of the appraisal and the filing of a final map or parcel map, the city shall cause a new appraisal to prepared or an update to the original appraisal, at the subdivider's expense.
B. 
If the subdivider objects to the determined fair market value, he or she may appeal to the city council and the burden of proof shall lie with the subdivider.
(Prior code § 153.01)
A. 
When a tentative map or tentative parcel map is approved, the approving body shall determine whether dedication of land, a fee in lieu of dedication, or combination shall be required. Payment of a fee or dedication of land shall not be required if exempted by Section 16.32.090.
B. 
The above determination shall be consistent with the standards in this chapter, and shall be made upon consideration of the following factors:
1. 
The provisions and policies of the adopted general plan of the city;
2. 
The natural features, access and location of the land available for dedication;
3. 
The size and shape of the land available for dedication;
4. 
The location of existing or proposed park sites and trailways.
C. 
Where the dedication of land, payment of fees in lieu of dedication, or both are required, the transfer of land and/or payment of money shall be accomplished at the time of recording for final and parcel maps and at the time of building permit issuance for all other projects.
(Prior code § 153.01)
A. 
The land or fees required under Sections 16.32.040 and 16.32.050 may be reduced at the discretion of the approving body by an amount equivalent to 50% of the area of land in the subdivision/project area, which is to be used for private park and recreation facilities. To grant up to 50% credit for private open space, the approving body shall find that it is in the public interest to do so and that all the following standards are met:
1. 
Yards, court areas, setbacks and other open space areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space.
2. 
The private park and recreation facilities shall be owned by a homeowner's association composed of all property owners in a subdivision or project area and be incorporated as a nonprofit organization capable of dissolution only by a 100% affirmative vote of the membership, operated under recorded land agreements through which a lot owner automatically becomes a member upon purchase of his or her property, and each lot is subject to a charge for proportionate share of expenses for maintaining the facilities.
3. 
The use of the private open space shall be restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city.
4. 
The proposed private open space shall be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.
5. 
Facilities proposed for the open space shall be in substantial accordance with the policies and provisions of the adopted general plan of the city.
B. 
Any credits granted are at the total discretion of the city council as the final authority.
(Prior code §153.01)
The provisions of this chapter shall not apply to:
A. 
Agricultural, commercial and industrial subdivisions;
B. 
Condominium projects which consist of the airspace in an existing apartment building which is more than five years old, when no dwelling units are added.
(Prior code § 153.01)