This article is enacted pursuant to the authority granted by Section 66477 of the Government Code (the "Quimby Act"). The park and recreational facilities for which dedication of land or payment of a fee is required by this article are in accordance with the general plan and the parks and open space master plan.
(Ord. 1085 § 1, 2009; Ord. 1192 § 2, 2019)
As a condition of approval of a tentative subdivision map or parcel map involving residential use of land, 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 adopted by the City Council in this article and any supporting City Council resolutions.
(Ord. 1192 § 2, 2019)
It is hereby found and determined that the public interest, convenience, health, welfare and safety require that at least five acres of property for each 1,000 persons residing within this City be devoted to local park and recreational purposes, and that the amount of the existing neighborhood and community park area as calculated pursuant to this article exceeds that limit.
(Ord. 1192 § 2, 2019)
A. 
If the proposed subdivision has 50 parcels or fewer, only the payment of a fee in lieu of parkland dedication shall be required.
B. 
If a proposed subdivision has more than 50 parcels, the City Council may require the dedication of land, the payment of a fee in lieu thereof, or a combination of both. Whether the City Council 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:
1. 
Whether any park has already been designated or created in the area to be subdivided;
2. 
Compatibility of dedication with the goals and policies stated in the general plan, the parks and open space master plan, an area plan or any related plan;
3. 
Topography, geology, access and location of land in the subdivision available for dedication;
4. 
Size and shape of the subdivision and land available for dedication;
5. 
Feasibility of dedication;
6. 
Availability of previously acquired park property and proximity to the proposed subdivision.
C. 
The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
(Formerly 17.04.680; Ord. 1085 § 1, 2009; Ord. 1192 § 2, 2019)
The subdivider shall dedicate five acres of land for each 1,000 persons anticipated to be living in the subdivision. The number of persons anticipated to be living in the development is calculated by multiplying the number of each particular class of dwelling units (i.e., single-family, multifamily, etc.) within the development by the average household size of such class of unit and adding the calculated figures together. The average household size of such class of unit is established by the park land dedication and in-lieu fee study prepared by Economic & Planning Systems, Inc., in 2018 which was adopted by City Council resolution.
(Ord. 1192 § 2, 2019)
When a fee is to be paid in lieu of land dedication, the amount of such fee will be determined by the fair market value of the amount of usable park land which would otherwise be required to be dedicated pursuant to HMC § 17.04.650. Unless otherwise required by the City Council as provided in HMC § 17.04.670, the fee shall be used for developing new or the rehabilitation of existing neighborhood or community parks which will serve the residents of the area being subdivided.
The "fair market value" shall be based on an appraisal completed no more than 60 days prior to the project application and submitted by the applicant concurrently with the project application. The appraisal shall be prepared by an appropriately licensed and qualified appraiser approved by the City.
(Ord. 1085 § 1, 2009; Ord. 1192 § 2, 2019)
A. 
The land and fees received under this article may be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision, and the amount and location of land to be dedicated, the fees to be paid in lieu, or any combination of dedications and fees must bear a reasonable relationship to the use of park and recreational facilities by the future inhabitants of the subdivision.
B. 
Notwithstanding subsection (A) of this section, the fees may also be used for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision for which fees were paid as a condition to the approval of a tentative map or parcel map is located, if all of the requirements of Government Code Section 66477(a)(3)(B) are met. Those requirements are:
1. 
The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population.
2. 
The neighborhood in which the subdivision for which the fees were paid has a park area that meets or exceeds the ratio of five acres of park area per 1,000 members of the neighborhood population.
3. 
The City Council holds a public hearing before using the fees pursuant to this section.
4. 
The City Council makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used.
5. 
The fees are used within a specified radius and are consistent with the adopted general plan or specific plan of the city or county. The "specified radius" for which the fees may be used includes all areas within the City's sphere of influence.
C. 
Pursuant to Government Code Section 66477(a)(6), the City will develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision. Fees shall be committed within five years after payment or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.
(Ord. 1085 § 1, 2009; Ord. 1192 § 2, 2019)
If the subdivider installs any park 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 article if the decision-making body determines that such improvements are in the best interest of the City.
(Ord. 1192 § 2, 2019)
A. 
At the time of approval of the tentative subdivision map or parcel map, the decision-making body shall determine the land to be dedicated or fees to be paid by the subdivider.
B. 
At the time of the filing of the final subdivision map or parcel map, the subdivider shall dedicate the land as previously determined by the decision-making body. Where the decision-making body has determined that fees shall be paid in lieu of or in addition to the dedication of land, the subdivider shall pay such fees on a lot-by-lot basis and prior to the issuance of any building permit for any building or structure to be located upon any one of the lots in the subdivision.
(Ord. 1085 § 1, 2009; Ord. 1192 § 2, 2019)
At the time of approval of the final subdivision map, the decision-making body shall specify when development of the park or recreational facilities shall commence.
(Ord. 1085 § 1, 2009; Ord. 1192 § 2, 2019)
Provisions of this article shall not apply to any of the following:
A. 
Commercial or industrial subdivisions.
B. 
Subdivisions containing fewer than five parcels and not used for residential purposes. However, a condition shall be placed on the approval of any such parcel map 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 fee otherwise due pursuant to this article shall be required to be paid by the owner of such parcel as a condition to the issuance of such permit.
C. 
Condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing department building that is more than five years old when no new dwelling units are added.
D. 
Accessory dwelling units, as regulated by HMC § 20.20.010.
(Ord. 1192 § 2, 2019)