This chapter shall be known and cited as the "parks lands dedication
ordinance."
As a condition of approval of any residential development, this
chapter requires that the applicants dedicate land, pay fees in lieu
thereof, or do a combination of both, for the purpose of providing
park or recreational facilities to serve future residents of such
development.
Words used in this chapter that are not specifically defined in this section shall have the same meaning as may be given to them in Chapter
16.08, or Chapter
17.04, or elsewhere in the municipal code.
"Development"
means a subdivision, mobilehome park, or construction or
installation of a dwelling; not to include subdivisions created for
industrial or commercial purposes.
"Dwelling"
means a building, or portion thereof, designed for or occupied
exclusively for residential purposes, but not including hotels, motels,
boarding or lodging houses.
"Dwelling unit"
means one or more rooms, designed, occupied or intended as
separate living quarters, with private sanitary and kitchen facilities,
for the exclusive use of one household.
"Family"
means one or more individuals occupying a dwelling unit and
living as a single household. The term "family" shall not be construed
to include a fraternity, sorority, club, or other group of persons
occupying a hotel, boarding house, or institution of any kind.
At the time of filing a tentative subdivision map or other application
for development approval, the applicant shall, as a part of such filing,
indicate whether the applicant prefers to dedicate land for park or
recreation purposes, or to pay a fee in lieu thereof, or do a combination
of these. If the applicant prefers to dedicate land, the applicant
shall specify the land proposed to be dedicated. In order to facilitate
decisions regarding dedication of land, the developer shall furnish
a tabulation showing the number of dwelling units proposed to be constructed
in each portion of the development. The tabulation may be waived by
the planning director if, in his or her judgment, the information
is not necessary.
The amount of land to be dedicated or in lieu fee to be paid
shall be based upon a schedule as adopted by resolution of the city
council.
Any fee paid pursuant to the provisions of this chapter may
be refunded or partially refunded under either of the following circumstances:
A. Upon
written application for refund following the withdrawal of the application
for approval of the development, provided that, for subdivision such
withdrawal must occur prior to recordation of the final map and for
all other developments, such withdrawal must occur prior to the commencement
of actual construction.
B. In the event that an applicant for building permits deposits the full amount of the fees required by this chapter to obtain building permits to construct dwellings within a planned residential development or other subdivision, and upon written request of the applicant, the planning director subsequently determines, pursuant to Section
18.36.060, to allow credit to the applicant for private parks, or the planning commission subsequently selects, pursuant to Section
18.36.060, to accept land in lieu of fees, the office of building inspection shall refund to the applicant the dollar amount, not to exceed the amount originally deposited, specified in a verification copy of the action taken by the planning director or planning commission or, on appeal, the city council authorizing such credit or accepting such land.
Where private area for park and recreational purposes is provided
in a development and such area is to be privately owned and maintained
by the future owner(s) of the development, such area may be credited
against up to fifty percent of the requirement of land dedication
or fee payment, if the planning director determines that it is in
the public interest to do so and that all of the following standards
either have been, or will be, met prior to approval of the final subdivision
map:
A. Yards,
court areas, setbacks, and other open areas, required to be maintained
by the zoning and building ordinances and other regulations, shall
not be included in the computation of such private areas;
B. Evidence
is provided that the private ownership and maintenance of the area
will be adequately provided for by recorded written agreement, covenants
or restrictions;
C. The
use of the private area is restricted for park and recreational purposes
by an open space easement or other instrument approved by the city
attorney;
D. The
proposed private area is reasonably adaptable for use for park or
recreational purposes, taking into consideration such factors as size,
shape, topography, geology, access, and location;
E. The
facilities proposed meet the following requirements:
1. They
are in substantial accordance with the provisions of the recreation
element of the general plan,
2. They
are appropriate to the recreation needs of the future residents of
the development,
3. They
will substitute for the park lands otherwise required to be dedicated
in meeting the recreational needs of the residents.
In the event that an applicant has dedicated a park to the public to serve a subdivision, the planning commission, or on appeal, the city council may, pursuant to Sections
18.36.050 and
18.36.060, allow a credit therefor against up to one hundred percent of the requirement for land dedication or fee payment required by this chapter for building permits to construct dwellings on the subdivision lots served by the dedicated public park. Credit may also be granted against fees required for such building permits for the value of improvements to such park installed or constructed by the applicant, provided that such credit shall not exceed the value of improvements normally authorized by the city for similar parks.
The land, fees or combination thereof required for development
approval pursuant to this chapter are to be used only for the purpose
of providing park or recreation facilities which are in accordance
with the principles and standards contained in the recreation element
of the general plan, and which will serve residents of the local neighborhood
which includes the development from which the fees were derived.
Development of park or recreational facilities for which land
has been dedicated or for which fees have been paid in lieu thereof
will begin when the city council determines that enough resources
are available to conduct a sufficient proportion of the improvements
needed to make the facilities usable and safe.
The city may transfer land or funds acquired pursuant to this
chapter to another governmental agency only on condition that such
land or funds shall be used in the manner prescribed by this chapter.
The city council may, from time to time, approve such regulations
as it deems necessary to implement the provisions of this chapter.
An appeal from a decision of the office of building inspection or other administrative official in the administration or enforcement of this chapter may be taken in the manner prescribed by Section
17.28.020. An appeal from a decision of the planning commission in the administration or enforcement of this chapter may be taken in the manner prescribed in Chapter
16.20 if the subject development is a subdivision, or in the manner prescribed for variances in the zoning ordinance if the development is other than a subdivision.
(Ord. 386 § 3, 2009)