A. 
Certain types of new development projects and subdivisions within the City can have impacts on public park and recreational facilities.
B. 
The State of California, through the enactment of Government Code Section 66477 (Quimby Act) has decreed that local agencies may require the dedication of land or impose a requirement of the payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approval of a tentative map or parcel map.
C. 
New development and subdivisions within the City should be required to mitigate their park and recreation facility impacts by constructing, or financing the construction of, the park and recreation facilities needed to serve new development and subdivisions.
D. 
As provided by the Quimby Act, the City has determined that the amount of neighborhood and community park and recreation acreage per 1,000 members of the population is 4.7 acres. This is based on the derived ratio of amount of neighborhood and community park and recreation acreage to the total City population indicated in the current census.
E. 
Based upon the principles and standards of the Recreation Element of the General Plan, it is hereby found and determined that the public interest, convenience, health, welfare, and safety require that 0.0128 acres of property per dwelling unit be devoted to neighborhood and community park and recreational purposes, exclusive of and in addition to school lands used cooperatively for recreational purposes. The acres per dwelling unit factor is based on 4.7 acres required park and recreation acres per 1,000 persons in accordance with the General Plan and the average City population density of 2.72 persons per dwelling unit as per the 1990 census.
F. 
The public interest, convenience, health, welfare and safety will be promoted by the adoption of park and recreation facility fees (Quimby fees) for the construction, expansion, or improvement of existing park and recreation facilities, the need for which is caused by new development and subdivisions.
(Ord. 02-01 § 1)
Words when used in this chapter, and in resolutions adopted under the authority of this chapter, shall have the following meanings:
“Capital Improvement Plan”
means the plan for capital improvements adopted or updated annually by the City. The Capital Improvement Plan indicates the approximate location, size, time of availability and estimated cost of capital improvements to be financed with impact mitigation fees and appropriate money for capital improvement projects.
“Development” or “development project”
means any project undertaken for the purpose of development which involves the issuance of a land use permit for new construction, reconstruction, or expansion of an existing structure, which would result in an increased impact on public services.
“Fee” or “quimby fee”
means a monetary exaction, other than a tax or special assessment, that is charged by the City in connection with approval of a development project or subdivision for the purpose of defraying all, or a portion of, the cost of park and recreation facilities related to the development project or subdivision.
“Park and recreation facilities”
includes public improvements and community amenities including but not limited to public parks, open space, riding and hiking trails, curbs, gutter, grading, drainage facilities, street lighting, stop lights, street signs, matching pavement, street trees, lawn and irrigation systems, landscaping, park roads and parking lots, driveways, restrooms, playground equipment, swimming or wading pools, tennis courts, picnic facilities, sports facilities, ranger housing, stub-in of utility line services to the parkway, related planning, engineering, construction and administrative activity, and any other capital park and recreation facilities projects approved by the City.
“Park Department”
means the Park Department of Goleta.
(Ord. 02-01 § 1)
Park and recreation dedications and fees may be established pursuant to this chapter by resolution to address identified park and recreation facility impacts within the City. These fees are payable upon the approval of final subdivision maps and development projects prior to the issuance of land use permits or final map recordation for subdivisions creating four or fewer parcels, in order to finance the cost of park and recreational facilities.
(Ord. 02-01 § 1)
A. 
As a condition of the subdivision of land, the subdivider shall dedicate land or pay a fee or both for the purpose of developing new or rehabilitating existing park or recreation facilities to serve the subdivision. This requirement shall apply to all subdivisions except those exempted by Section 66477 of the Government Code.
B. 
If the proposed subdivision contains 50 parcels or less, the subdivider shall not be required to dedicate any land for park or recreational purposes without their consent, but shall pay a fee in accordance with this title.
C. 
No final subdivision map shall be deemed approved unless and until the appropriate park and recreation dedications or fees or both have been paid, or unless and until the appropriate park and recreation dedications or fees or both for the subdivision have been exempted, adjusted or reduced as provided in this title.
(Ord. 02-01 § 1)
The following will be exempted from park and recreation facility dedications or payment of fees referenced herein:
A. 
Commercial and industrial subdivisions;
B. 
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. 02-01 § 1)
A. 
When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the projected cost of acquiring and developing land for park and recreational purposes, the amount of land which would otherwise be required to be dedicated pursuant to this title.
B. 
The City shall from time-to-time determine the current average cost of acquiring and developing one acre of land for park and recreational purposes within the City. The subdivider shall pay a fee determined by multiplying such cost by the number of dwelling units in the proposed subdivision by 0.0128.
C. 
The amount of fee required in lieu of land dedication shall be based on the fee schedule in effect when the subdivider applies for land use clearance for subdivisions creating five or more parcels or records the parcel or final map for subdivisions creating four or fewer parcels.
(Ord. 02-01 § 1)
The amount of acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the dwelling units expected to be generated by the proposed subdivision and shall be computed on the basis of 0.0128 acres required per dwelling unit.
(Ord. 02-01 § 1)
The procedure for determining whether a subdivider is to dedicate land, pay a fee, or do both, shall be as follows:
A. 
At the time of filing a tentative map application for approvals, the subdivider of the property shall, as a part of the filing, indicate whether to dedicate property for park and recreational purposes or whether to pay an in-lieu fee. If it is desired to dedicate land for such purposes, he or she shall designate the area proposed on the tentative map, or if the property is located outside the boundaries of the proposed subdivision, on another map submitted to the Planning and Environmental Services Department.
B. 
If the subdivider desires credit for common open space pursuant to this title, a written request must be submitted to the Planning and Environmental Services Director prior to tentative map approval outlining the following:
1. 
The acreage and percentage of slope of the open space being offered for park purposes; and
2. 
A detailed description of on-site recreational amenities being proposed, detailing the location of said facilities within the subdivision; and
3. 
The proposed form of ownership and method of maintenance of the open space and facilities.
C. 
The City Council or Planning Commission shall determine whether to require dedication of land, the payment of a fee in lieu thereof, or a combination of both, except that for subdivision of 50 parcels or less, the provisions of Section 16.14.060 shall apply. In the event that a dedication of land is required, the amount shall be determined according to Section 16.14.070.
D. 
When land dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act and this title. When fees are required for a subdivision creating four or fewer parcels, they shall be paid to the City prior to recordation of the final or parcel map or prior to any waiver of the parcel map pursuant to this title, and shall be held until such time as the map is recorded, withdrawn by the subdivider, or the time for recordation expires.
When fees are required for a subdivision creating five or more parcels, they shall be paid prior to the issuance of a land use permit or coastal development permit, as applicable, for each parcel, respectively. If the parcel or final map is withdrawn, or the time for recordation expires, the funds shall be returned without interest to the subdivider.
E. 
Deeds and recorded covenants for private common open space approved pursuant to this title must be approved by the City Attorney prior to approval of the parcel or final map, and the subdivider shall make all conveyances of the parcels within the subdivision subject to such deeds and recorded covenants.
F. 
The determination whether to require a dedication of land, the payment of a fee in lieu thereof, or a combination of both, shall be made by the City Council or the Planning Commission upon consideration of the following factors which are not deemed exclusive:
1. 
The Recreation Element of the General Plan and adopted specific plans;
2. 
Site development factors such as the topography, environmental suitability, access and location of the land in the subdivision available for dedication; the size and shape of the subdivision and the land available for dedication; the location of existing or proposed park sites and trailways;
3. 
The desirability of developing the land proposed for dedication for park and recreational purposes; and
4. 
The recommendation of the Park Commission and Park Department.
(Ord. 02-01 § 1)
A. 
The dedication of land for park and recreational purposes shall not be deemed to waive any other requirements which may be imposed by the City upon the subdivider. The subdivider may, at the time of approval of the tentative map, be required by condition of said map to provide such public improvements as are deemed necessary by the City to develop the park and recreation facilities. Such improvements may include, without limitation, curbs, gutters, drainage facilities, street lighting, stop lights, street signs, matching pavement and street trees, or other recreational improvements such as trails.
B. 
If the subdivider provides park and recreational improvements to the dedicated land, including without limitation playground equipment, swimming or wading pools, tennis courts, picnic units, or sport facilities, the value of the improvements located thereon shall be a credit against the payment of fees or dedication of land required by this chapter.
(Ord. 02-01 § 1)
Where usable recreational improvements within common open space as defined in the Zoning Ordinance for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit based on approved Quimby and development fee credit schedule, not to exceed 50%, may be given against the requirement of land dedication or payment of fees in lieu thereof if the Planning Commission or City Council finds that it is in the public interest to do so, and that all of the following standards are met:
A. 
That yards, setbacks, and other open areas required by the Zoning and Building Ordinances, including areas credited against minimum lot sizes, shall not be included in computing the amount of such common open space;
B. 
That the private ownership and maintenance of the recreational improvements and open space shall be adequately provided for by deeds and recorded covenants in perpetuity;
C. 
That the use of common open space shall be restricted for park and recreational purposes by recorded covenants which run with the land in favor of the existing and future owners of the property within the subdivision and which cannot be eliminated without the consent of the City;
D. 
That the proposed common open space is reasonably adaptable for use for park and recreational purposes as determined by the City; and
E. 
That the recreational improvements and open space for which credit is given will meet the needs of the future residents of the subdivision, specifically those defined as being deficient by the Recreation Element of the General Plan or, alternatively, that the land or facilities offered provide a special recreational benefit to the subdivision not otherwise provided in available park and recreational facilities.
(Ord. 02-01 § 1)
Real property conveyed under the provisions of this chapter shall be conveyed by grant deed in fee simple absolute to the City by the subdivider, free and clear of all encumbrances except those which in the City’s opinion will not interfere with use of property for park and recreational purposes and which the City agrees to accept. Required deeds shall be deposited with the City prior to recordation of the parcel or final map. The deeds shall be held by the City until such time as the parcel or final map is recorded, withdrawn by the subdivider, or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land plus title insurance in favor of the City in an amount equal to the value of the property being conveyed.
(Ord. 02-01 § 1)
A. 
Upon receipt of a Quimby fee subject to this chapter, the City shall deposit, invest, account for and expend the Quimby fees pursuant to California Government Code Section 66006.
B. 
Quimby fees paid shall be held by the City in a separate Quimby fund to be expended for the purpose for which they were collected. The City shall retain all interest earned on the fees in this account and shall allocate the interest to the account for which the original fee was imposed.
(Ord. 02-01 § 1)
The Parks Director shall develop a schedule specifying how, when and where the City will use the land or fees (or both) to develop park and recreational facilities. Consideration shall be given to spending the funds in the neighborhoods where they are generated whenever possible. All fees collected under this chapter shall be committed within five years of payment of said fee or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed without interest 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.
(Ord. 02-01 § 1)
In cases where the City determines that park and recreational facilities to serve the subdivision should be or are provided by a local agency other than the City, the City may require that land be dedicated or fees be paid to such other local agency if the local agency agrees to accept the land or fees. In such an event, the amount and location of land to be dedicated or fees to be paid shall be jointly determined by the City and such local agency in accordance with the terms and conditions of this chapter and such local agency shall develop the land or use the fees in the manner provided herein.
(Ord. 02-01 § 1)
The land and fees received under the provisions of this chapter shall be used only for the purpose of providing park and recreational facilities to serve the subdivision in accordance with the principles and standards contained in California law, the General Plan, and administrative guidelines developed by the Parks Department.
(Ord. 02-01 § 1)
The fee imposed by this chapter shall be adjusted automatically on July 1st of each fiscal year, by a percentage equal to any change in the appropriate Consumer Price Index (CPI) issued by the United States Department of Labor, Bureau of Labor, Consumer Price Index, or its successor or comparable index, for the preceding 12 months.
(Ord. 02-01 § 1; Ord. 12-02 § 26)
The amount of each fee established pursuant to this chapter may be set and revised periodically by resolution. This chapter shall be considered enabling and directive in this regard.
(Ord. 02-01 § 1)