Every person who constructs or causes to be constructed a dwelling unit or dwelling units or who subdivides land for residential purposes shall dedicate a portion of such land, pay a fee, or do both, as set forth in this section for the purpose of developing new or rehabilitating existing park or recreational facilities to serve future residents of the subdivision or development. Land dedications pursuant to this section shall be conveyed directly to the city, and fees shall be deposited with the city, prior to or at the time of the recording of the final or parcel map, unless, as a condition of approval of a tentative map or parcel map, dedication or payment is authorized at the time of issuance of a building permit. For development not involving a subdivision, the land dedication and/or fee payment shall take place prior to the approval of a site plan and prior to the issuance of a building permit.
A.
Amount of Land Required for Dedications. The amount of land required to be dedicated shall equal the product of the following:
1.
The number of dwelling units indicated on the tentative or parcel map or site plan, multiplied by
2.
The population density for each type of dwelling unit. Population density for the purpose of this section shall be determined in accordance with the most recent available census data and established by city council resolution, multiplied by
B.
Amount of Fee in Lieu of Land Dedication. Where a fee is paid in lieu of land dedication, the amount of such fee shall be a sum equivalent to the fair market value of the amount of parkland which would otherwise be required to be dedicated pursuant to subsection A of this section.
1.
The fair market value shall be determined by the city council.
2.
If the developer objects to the value determined by the city council, the developer shall deposit with the city an amount sufficient to cover the cost of an appraisal by a licensed appraiser of the city's choice. The appraisal shall be completed prior to approval of the tentative or parcel map by the city, or for developments not involving a subdivision, prior to the approval of a site plan and prior to the issuance of a building permit.
3.
If the developer objects to the values established by the first appraisal, the developer shall deposit with the city an amount sufficient to cover the cost of preparing a second appraisal. The city shall then select a second licensed appraiser to conduct the appraisal. If the second appraisal is conducted, the values established by the two appraisals shall be averaged and that amount shall be the value used for determining the in-lieu fee.
4.
The cost of the appraisals is in addition to, and shall not be deducted from, the amount of in-lieu fees due pursuant to this section. The developer's payment for the cost of appraisals does not affect the city's discretion to choose whether the developer should dedicate land, pay an in-lieu fee, or both.
C.
Combination of Park Land and Fees. When a combination of land dedication and in-lieu fees are required as a condition of approval, the sum of the in-lieu fees and the fair market value of the land to be dedicated shall be equal to the amount that would otherwise be required if the developer paid only an in-lieu fee pursuant to subsection B of this section.
D.
Choice of Land or Fee. The procedure for determining whether the developer is to dedicate land, pay a fee, or both shall be as follows:
1.
At the time of the filing of a tentative or parcel map or site plan for approval, the developer shall, as part of such filing, propose dedication of land, paying a fee in lieu thereof, or a combination of dedication and fees. If the developer proposes dedication, the tentative or parcel map or site plan should indicate the proposed location of the parkland. The subdivider shall: (a) centrally locate park facilities; (b) incorporate natural features; and (c) integrate proposed parks with existing and proposed parks and existing and proposed trails.
2.
At the time of the tentative or parcel map or other discretionary approval, the planning commission shall determine whether the developer shall dedicate land, pay a fee in lieu thereof, or a combination of both. If no hearings are required before the planning commission for any development approvals, then the developer shall pay the in-lieu fee.
3.
Whether the city accepts the dedication of land, or payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the compatibility of the dedication with the city's General Plan; topography, geology, access and location of land in the development available for dedication; and the size and shape of the development and land available for dedication.
4.
Only the payment of fees shall be permitted for subdivisions containing fifty parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds fifty dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty.
E.
Time of Commencement. Before the final or parcel map or site plan is approved, the planning commission shall designate how, when and where the development of new or the rehabilitation of existing park or recreational facilities shall be commenced. If no hearings are required before the planning commission for any development approvals, then the director of community development shall make the designation. If a fee has been collected under the provisions of this chapter, said commencement time shall be within five years after the payment of such fee, the issuance of building permits on one-half of the lots created by the subdivision, or the construction of one-half of the dwelling units of the development for developments not involving subdivisions, whichever occurs later. If such fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the properties in the same proportion that the size of their lot bears to the total area of all lots within the development.
F.
Use of Land and Fees. The land, fees, or combination thereof, received by the city pursuant to this chapter, shall be used only for the purpose of developing new or rehabilitating existing park or recreational facilities, and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park or recreational facilities by the future inhabitants of the development.
G.
Credit for Improvements to the Dedicated Land. Where the developer provides park and recreational improvements to the dedicated land, the value of the improvements, together with any equipment located thereon, shall be a credit against the payment of fees or dedication of land required by this chapter.
H.
Credit for Private Open Space. Where private open space usable for active recreational purposes is provided in a proposed development, such open space shall be eligible to receive a credit, not to exceed fifty percent, as determined by the planning commission, against the payment of fees or dedication of land required by this section. Yards, court areas, setbacks and other open areas required to be maintained by the zoning and building provisions of this Code shall not be included in the computation of such private open space. The planning commission shall determine whether to grant a credit based upon whether the commission finds it is in the public interest to do so. If no hearings are required before the planning commission for any development approvals, then the director of community development shall make the determinations required by this section. In order to receive a credit, the development must meet all of the following requirements:
1.
Use of private open space must be restricted for park and recreational purposes by a recorded covenant that: (a) runs with the land in favor of the future owners of the property, (b) cannot be defeated or eliminated without the consent of the city or its successors, (c) is submitted to the city prior to the approval of the parcel or final map, and (d) is recorded contemporaneously with the parcel or final map, or for developments not involving a subdivision, prior to approval of the site plan and issuance of building permits; and
2.
The private open space must be reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and
3.
The maintenance of the open space must be adequately provided for by written agreement; and
4.
Facilities proposed for the open space must be in substantial accordance with the provisions of the resources element of the General Plan for the city and must be approved by the planning commission, or for developments for which no hearings are required before the planning commission, by the director; and
5.
The open space must provide a minimum of four of the features listed below, or a combination of such, and other recreational improvements that will meet the specific recreation park needs of the future residents of the area:
I.
Reduced Parkland Standard for Senior Housing. Where a proposed development qualifies as a senior citizen housing development as defined in Section 51.3 of the Civil Code, the amount of land, in-lieu fees, or combination thereof required under this section shall be calculated using a parkland standard of 0.00025 acres of parkland per person, for each dwelling unit restricted to senior citizens, qualified permanent residents, permitted health care residents, and other authorized occupants pursuant to Section 51.3 of the Civil Code.
J.
Exceptions.
1.
The provisions of this section shall not apply to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five years old, when no new dwelling units are added.
2.
The provisions of this section shall not apply to subdivisions of less than five parcels that are not used for residential purposes. However, in that event, the city may impose a condition on the approval of a parcel map requiring 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 city may require the owner of each parcel to pay the fee as a condition of the issuance of the permit.
3.
In the event that a developer pays a fee or dedicates land pursuant to this section for a multifamily rental housing development, and the developer or his or her successors subdivides the development to create condominiums or stock cooperatives within ten years, the developer or his or her successors shall not be required to pay the fee or dedicate land for the subdivision.
4.
The provisions of this section shall not apply to any subdivisions or developments exempted from dedication requirements pursuant to state law.
(Ord. 1121 §1, 2008)
The city may require the subdivider to reserve sites appropriate in area and location for parks, recreational facilities, fire stations, libraries or other public uses, as follows:
A.
Standards for Reservation of Land.
1.
Location of Land. Where a park, recreational facilities, fire station, library, or other public use is shown in the General Plan or applicable specific or precise plan, the subdivider may be required by the city to reserve sites as determined by the city in compliance with the standards in the applicable plan.
2.
Configuration. The reserved area shall be of a size and shape that will permit the balance of the property to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The land to be reserved shall be in multiples of streets and parcels that will permit an efficient division of the reserved area if it is not acquired within the period determined by subsection B of this section.
B.
Procedure for Reservation of Land. The public agency for whose benefit an area has been reserved shall at the time of approval of the parcel or final map enter into a binding agreement with the subdivider to acquire the reserved area within two years after the completion and acceptance of all improvements, unless a longer time is authorized by mutual agreement.
C.
Purchase Price of Reserved Land. The purchase price shall be the market value of the land at the time the tentative map is filed, plus the property taxes against the reserved area from the date of the reservation, and any other costs incurred by the subdivider in maintaining the reserved area, including interest costs incurred on any loan covering the reserved area.
(Ord. 1121 §1, 2008)
A.
Offers of Dedication Required. As a condition of tentative map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the city to be needed for public and private streets and alleys, including access rights and abutters' rights; drainage; public and private greenways; scenic easements, public utility easements; and any other necessary public and private easements.
B.
Improvements. The subdivider shall construct or agree to construct all improvements approved or required for the subdivision, including access rights and abutters' rights, in compliance with the city's improvement standards.
C.
Rights-of-Way, Generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a city-maintained road of insufficient width as determined by the city engineer, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility.
D.
Bicycle Paths. Any subdivider who is required to dedicate roadways to the public, may be required to dedicate additional land for bicycle paths for the use and safety of the residents of the subdivision, if necessary to offset impacts otherwise associated with the subdivision.
E.
Transit Facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if:
F.
Alternative Transportation Systems. Whenever the subdivision falls within an area designated for the development of bikeways or other alternative transportation systems in the General Plan, applicable specific or precise plan, or implementing legislation, the subdivider shall dedicate land as is necessary to provide for these alternative transportation systems.
(Ord. 1121 §1, 2008)
A.
Dedication Requirement. In compliance with Map Act Section 66478, a subdivider may be required to dedicate land as the city determines to be necessary for adequate elementary school facilities for the residents of the subdivision. Dedication may be required only if the subdivider and/or successors in interest to the property:
B.
Tentative Map Approval. If the school district responds to the referral of the tentative map application pursuant to Section 16.16.005 with a report to the city describing the land the district deems necessary and suitable to provide adequate elementary school service to residents of the proposed subdivision, the city shall require the dedication of land as a condition of approval of the tentative map. As required by Map Act Section 66478, the dedication requirement shall not make development of the remaining land held by the subdivider economically infeasible, or exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.
C.
Timing of Dedication. The required dedication may occur before, concurrently with, or up to sixty days after the recordation of a final map on any portion of the subdivision. If the school district accepts the dedication, the district shall pay the subdivider the amounts required by Map Act Section 66478, and shall record the certificate required by Map Act Section 66478.
D.
Termination of Dedication Requirement. The requirement of dedication shall automatically terminate unless, within thirty days after the city imposes the requirement, the school district makes a binding commitment to the subdivider agreeing to accept the dedication at any time before the construction of the first four hundred dwelling units. Upon acceptance of the dedication, the school district shall repay to the subdivider and/or successors the costs specified in Government Code Section 66478.
E.
Reversion of Land, Repurchase. Should the school district find itself unable to accept the dedication for reasons other than specified in the commitment with the subdivider, the dedicated land shall revert to the subdivider. If the dedication is accepted and the school district within ten years from the date of acceptance offers the property or any substantial part thereof for public sale, the subdivider shall have the first option to repurchase the property for the price paid by the district, plus a sum equal to the amount of property taxes which would have been paid during the period of public ownership.
(Ord. 1121 §1, 2008)