As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this chapter.
(Ord. 09-026)
It is hereby found and determined that the public interest, convenience, health, welfare and safety require that five (5) net acres of property for each one thousand (1,000) persons residing within the City be devoted to local recreation and park purposes.
(Ord. 09-026)
Where a community or neighborhood recreational or park facility, or both, has been designated in the General Plan or in an applicable specific plan, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a community or neighborhood recreation or park facility, or both, sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula. Where the City requires the dedication of land, the subdivider or owner shall dedicate land for local recreational or park facilities according to the formula:
D x F = A
in which:
D = the number of dwelling units
F = a "factor" herein described
A = the buildable acres to be dedicated.
A buildable acre is a typical acre of the subdivision, with a slope less than ten percent (10%), and located in other than an area on which building is excluded because of flooding, public rights-of-way, easements, or other restrictions.
The factors for various residential dwelling types are constants which, when multiplied by the number of dwelling units permitted in the subject area, will produce five (5) acres per one thousand (1,000) population. Unless the subdivider enters into an agreement with the City for a lower density, the number of dwelling units shall be calculated as follows:
A. 
When a rezoning application accompanies the tentative map, density shall be calculated according to the highest density of the zoning designation applied for;
B. 
When the tentative map is not accompanied by a rezoning application, density shall be calculated according to the highest density of the existing zoning designation or existing specific plan density designation, whichever allows the highest density; provided, however, that upon completion of build-out, if the actual number of dwelling units built is less than the highest density permitted in the applicable zone, then the subdivider may, within five (5) years after payment of the fee, apply for a refund, without interest, of the difference between the fee actually paid and a fee calculated on the basis of the actual density.
The factors referred to above are as follows:
F1 = .0151 relating to one (1) family dwelling units
F2 = .0120 relating to two (2) family dwelling structures
F3 = .0169 relating to three (3) to ten (10) family dwelling structures
F11 = .0129 relating to eleven (11) plus family dwelling structures
FM = .0160 relating to mobile homes or other dwellings
The subdivider shall: (1) provide full street improvements, including but not limited to curbs, gutters, street paving, traffic control devices, street lights, and sidewalks, to land which is dedicated pursuant to this section; (2) provide for fencing meeting City requirements along the property line of that portion of the subdivision contiguous to the dedicated land; (3) provide improved surface drainage from/through the site; and (4) provide other improvements which the Council determines to be essential to the acceptance of the land for recreational purposes.
(Ord. 09-026)
A. 
If no community or neighborhood park or recreational facility is designated in the City General Plan or in an applicable specific plan to be located in whole or in part within the proposed subdivision to serve the needs of the residents of the subdivision, or where the Council requires the payment of in-lieu fees, the subdivider shall, in lieu of dedication of land, pay a fee equal to the value of the land prescribed for dedication in DMC § 17.16.030 and in an amount determined in accordance with the provisions of DMC § 17.16.050, such fee to be used for recreational and park facilities which will serve the residents of the area being subdivided.
B. 
If the proposed subdivision contains fifty (50) parcels or less, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in DMC § 17.16.030, and in an amount determined in accordance with the provisions of DMC § 17.16.050.
(Ord. 09-026)
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 as described below, plus twenty percent (20%) for off-site improvements such as utility line extensions, curb, gutter and pavement and street lights.
A. 
The amount to be paid shall be a sum calculated pursuant to the following formula:
A x V = M
A = The amount of land required for dedication as determined in DMC § 17.16.030.
V = Fair market value (per acre) of the property to be subdivided, as established by an appraisal.
M = The number of dollars to be paid in lieu of dedication of land, which includes 20% for off-site improvements.
B. 
For purposes of calculating the in-lieu fee under this section, the subdivider shall cause an appraisal of the property to be subdivided to be made. The appraisal shall be made at the subdivider's expense by an active MAI, SREA or SRPA member in good standing of the Appraisal Institute, or an active ASA (Urban Real Property) member in good standing of the American Society of Appraisers, and shall meet the standards observed by a competent member of the professional organization. The appraiser shall appraise the land at its unencumbered (free and clear) value, as if at the approved tentative map stage of development and as if any assessments or other encumbrances to which the property is subject had been paid off in full prior to the date of appraisal. The fair market value shall be for the gross tentative map area. Factors to be considered during the evaluation shall include the following:
1. 
Approval of and conditions of the tentative subdivision map;
2. 
The General Plan;
3. 
Zoning and density;
4. 
Property location;
5. 
Off-site improvements facilitating use of the property;
6. 
Site characteristics of the property;
7. 
Existing encumbrances (e.g., existing streets, canals) which have the effect of reducing usable gross tentative map area.
The appraisal shall value the property as of a date no earlier than ninety (90) days prior to the recording of the final map, or the payment of the fee, whichever occurs later. The appraisal shall clearly state the fair market value (V) of the property in dollars per gross acre. Three (3) copies of the appraisal shall be delivered to the City Engineer for distribution. In lieu of an appraisal, the applicant may provide documentation of the actual cost to purchase said land if said purchase occurred within one (1) year of the approval of the tentative map.
(Ord. 09-026)
Fees collected pursuant to this chapter shall be used and expended solely for the acquisition, improvement, and expansion of the public parks, playgrounds and recreational facilities reasonably related to serve the needs of the residents of the proposed subdivision. Said fees may also be used for the development of recreational areas and facilities on public school grounds or other public lands which provide a desirable recreational site and access to the public.
(Ord. 09-026)
Whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
A. 
The Public Services and Facilities element of the City General Plan;
B. 
Topography, geology, access and location of land in the subdivision available for dedication;
C. 
Size and shape of the subdivision and land available for dedication;
D. 
Feasibility of dedication;
E. 
Compatibility of dedication with the City of Dixon's Parks Master Plan; and
F. 
Availability of previously acquired park property. The determination of the Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive;
G. 
Whether the parcel can be conveyed to the City free of all taxes, assessments and liens of record that would adversely affect the City's ability to use the property for its intended purpose.
(Ord. 09-026)
Any fee collected under this chapter shall be committed within five (5) 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 such fees are not committed, they 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.
(Ord. 09-026)
A. 
The City may grant credits for privately owned and maintained open space or local recreation facilities, or both, in planned developments as defined in Cal. Bus. & Prof. Code § 11003, condominiums as defined in Cal. Civ. Code § 783, and other common interest developments. Such credit, if granted in acres, or comparable in-lieu fees, shall not exceed twenty-five percent (25%) of the dedication or fees, or both, otherwise required under this chapter, and shall be subtracted from the dedication or fees, or both, otherwise required under this chapter, provided:
1. 
Yards, court areas, setbacks, and other open space areas required to be maintained by this title and other regulations shall not be included in private open space and local recreation credit;
2. 
Provision is made by written agreement, recorded covenants running with the land, or other contractual instrument that the areas shall be adequately maintained;
3. 
The use of private open space or recreation facilities is limited to park and local recreation purposes and shall not be changed to another use without the express written consent of the Council.
B. 
Land or facilities, or both, which may qualify for credit towards the land dedication or in-lieu fee, or both, will generally include the following types of open space or local recreational facilities; provided, however, that credit for each of the following categories shall not exceed five percent (5%) of the dedication or fees, or both, otherwise required under this chapter:
1. 
Open spaces, which are generally defined as parks, extensive areas with tree coverage, low land along streams or areas of rough terrain when such areas are extensive and have natural features worthy of scenic preservation, golf courses, or open areas on the site in excess of twenty thousand (20,000) square feet.
2. 
Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced areas especially designed and exclusively used for court games.
3. 
Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both, including decks, lawned area, bathhouse, or other facilities developed and used exclusively for swimming and diving.
4. 
Recreation buildings, designed and primarily used for the recreational needs of the residents of the development.
5. 
Special areas, which are generally defined as areas of scenic or natural beauty, historic sites, hiking, riding or motorcycle/bicycle trails, including pedestrian walkways separated from public roads, improved access or right-of-way in excess of requirements, and similar type open space or recreational facilities which, in the sole judgment of the City of Dixon, qualify for a credit.
C. 
The Council shall grant credit for land dedicated or fees paid pursuant to this chapter, or both, under a previously approved final subdivision map or parcel map in the event a new map is submitted for approval. Such credit shall be subtracted from the dedication or fees required under this chapter, or both, for the new map; provided, that in no event shall the City be required to return any fees paid or any land dedicated as a condition of a previously approved final map pursuant to this section.
(Ord. 09-026)
The categories for credit for private open space and facilities described in DMC § 17.16.090 shall be given equal weight, each category not to exceed twenty percent (20%) of the total which may be granted by the City. The Council may, however, upon petition of the subdivider, grant additional credit for each of the above categories if there is substantial evidence that:
A. 
The open space or recreational facility is above average in aesthetic quality, arrangement or design; or
B. 
The open space or recreational facility is clearly proportionately greater in amount or size than required by this title or usually provided in other similar types of development; or
C. 
The open space or recreational facility is situated so as to complement open space or local recreational facilities in other private or public developments.
(Ord. 09-026)
A. 
At the time of the hearing on the tentative subdivision map, the Commission shall recommend to the Council, after reviewing the report and recommendation from the Community Development Director, that land be dedicated or fees be paid, or both, by the subdivider for park or recreational purposes as a condition of approval of the subdivision map. The recommendation by the Community Development Director shall include the following where applicable:
1. 
The amount of land to be dedicated;
2. 
That a fee be charged in lieu of dedication;
3. 
That both dedication and a fee be required;
4. 
That a credit be given for private recreation facilities, unique natural and special features, or for any other reason provided in DMC § 17.16.090;
5. 
The location of the park land to be dedicated;
6. 
The approximate time when development of the park or recreation facility shall be commenced.
B. 
At the time of its hearing on the tentative subdivision map, the Commission or Council shall determine the amount of land required to be dedicated under this chapter and DMC § 17.16.030, whether or not a fee is to be charged in lieu of any or all of the required dedication, whether a credit is to be given for private recreation facilities, unique natural and special features, or for any other reason provided in DMC § 17.16.090, and the location of the park land to be dedicated, if any. In making its determination, the Council shall be guided by the standards contained in this chapter where applicable.
C. 
At the time of the filing of a final subdivision or parcel map including the same amount of land as included in the applicable tentative map, the subdivider shall dedicate the land or pay the fees, as previously determined by the Commission or the Council. Open space covenants for private park or recreational facilities shall be submitted to the Council prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map.
(Ord. 09-026)
The provisions of this chapter shall not apply to subdivisions:
A. 
Not used for residential purposes; provided, however, that a condition shall be placed on the approval of such subdivision that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years of the filing of the map, the owner of each such parcel shall be required to pay an in-lieu fee pursuant to this chapter, calculated as of the date the building permit is issued, as a condition to the issuance of a building permit; a note to this effect shall be placed on the final map.
B. 
To permit separate ownership of two (2) or more existing residential dwelling units when all such units are more than five (5) years old and no new units are added.
(Ord. 09-026)
All land offered for dedication to local park or recreational purposes shall have access to at least one (1) existing or proposed public street. This requirement may be waived by the Commission or the Council if the Commission or the Council determines that public street access is unnecessary for the maintenance of the park area or use thereof by the residents.
(Ord. 09-026)
If, during the ensuing time between dedication of land for park purposes and the commencement of development, circumstances arise which indicate that another site would be more suitable for park or recreational purposes serving the subdivision and the neighborhood (such as a gift of park land or change in school location) by mutual agreement of the subdivider or owner and the Council, the land may be sold upon the approval of the Council with the resultant funds being used for the purchase of a more suitable site.
(Ord. 09-026)
A. 
At the time of the filing of a final subdivision or parcel map including less land than was included in the tentative map, the Community Development Director shall recalculate the amount of land required to be dedicated in accordance with this chapter, based on the land included in the proposed final subdivision or parcel map.
B. 
If the approving authority determined at the hearing on the tentative map that the requirements of this chapter would be satisfied by the payment of a fee, or that land located within the proposed final subdivision or parcel map be dedicated, or both, and the amount of such land is equal to or smaller than the amount of land required to be dedicated pursuant to subsection A of this section, the subdivider shall dedicate the land or pay the fees, or both, at the time of filing the final subdivision or parcel map.
C. 
If the Council determined at the hearing on the tentative map that the requirements of this chapter would be satisfied by the dedication of land located outside the proposed final subdivision or parcel map or the amount of land required to be dedicated at the time of approving the tentative map exceeds the amount required to be dedicated pursuant to subsection A of this section, the Community Development Director shall recommend that the subdivider:
1. 
Dedicate full title to part of the park site; or
2. 
Dedicate as specified in subsection (C)(1) of this section and enter into an agreement with the City to reserve the undedicated portion; or
3. 
Solely pay in-lieu fees; and/or
4. 
Be granted credit(s) in accordance with DMC § 17.16.090 and § 17.16.100.
If the subdivider concurs with the recommendation of the Community Development Director, the subdivider shall dedicate the land, or pay the fees, or both, in accordance with the recommendation prior to filing the final subdivision or parcel map. Open space covenants for private park or recreational facilities shall be submitted to the Council prior to the approval of the final subdivision map or parcel map and shall be recorded at the same time as the final map.
If the subdivider objects to the recommendation of the Community Development Director, the Council shall determine at a public hearing the land to be dedicated, whether a fee is to be charged, and whether any credits shall be granted. Prior to filing the final subdivision or parcel map, the subdivider shall dedicate the land, or pay the fees, or both, as determined by the Council. Open space covenants for private park or recreational facilities shall be submitted to the Council prior to the approval of the final subdivision map or parcel map and shall be recorded at the same time as the final map.
D. 
Nothing in subsection C of this section shall be construed to:
1. 
Require the dedication of land located outside the proposed final subdivision or parcel map; or
2. 
Prohibit a subdivider from dedicating land in excess of the amount required to be dedicated pursuant to subsection A of this section.
(Ord. 09-026)