[Ord. 1325, 11-6-2002]
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FAIR MARKET VALUE
The value of the land being subdivided based upon the current assessed value, modified to equal market value in accordance with the current practice of the County Assessor, or, at the option of city, based upon an appraisal by a licensed and qualified appraiser. In the event that the city elects to secure an appraisal in order to determine the value of land subject to this subchapter, the city shall meet and confer with the subdivider seeking to record a final map with respect to the land in question. The purpose of this meeting and conference shall be the selection of an appraiser, acceptable to both the subdivider and the city, to render the appraisal that the city has elected to secure pursuant to this subchapter. Such a meeting and conference will not exceed three business days in length. If after a reasonable good faith effort by the city to agree with a subdivider upon an appraiser, no agreement is reached, the city will unilaterally select an appraiser it finds acceptable. All costs of said appraisal shall be paid by the subdivider prior to the recordation of any final map or the issuance of any building permit. An appraiser selected pursuant to this subchapter shall find the "fair market value" of land to be equal to the amount of cash or its equivalent that such land would bring if exposed for sale in the open market under conditions in which neither buyer nor seller could take advantage of the exigencies of the other, and both the buyer and the seller have knowledge of all of the uses and purposes to which the land is adapted and for which it is capable of being used, and of the enforceable restrictions upon those uses and purposes. The "fair market value" shall be determined before the final map or parcel map of a subdivision is filed. With regards to any park and recreation improvements, or equipment provided by the subdivider, the "fair market value" shall be the actual cost of acquiring, constructing and installing the improvement or equipment.
PARK
A parcel or contiguous parcels of land owned, operated and maintained by a public agency or private association, which provides recreational land and facilities for the benefit and enjoyment of the residents of the subdivision and of persons residing, working or visiting in the city. "Parks" may be classified as community parks, including community centers, athletic facilities, large multi-use swimming pools, picnic areas, cultural centers or similar facilities; public neighborhood parks, including playground equipment, sports fields, and picnic areas; and private neighborhood parks, generally intended to serve only the immediate subdivision/development or specified planned community in which they are located. "Parks" may also include, or be limited to open space areas suitable for active or passive uses.
PARK AND RECREATIONAL FACILITIES
Any public improvements deemed necessary by the city to develop, improve or rehabilitate land and facilities for park and recreational purposes. Such improvements may include, but not be limited to: grading; landscaped areas for active and passive recreational use; open space and sports fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; bicycle facilities and park lighting; playground or other recreational equipment; picnic facilities; community center or other buildings; swimming pools; volleyball, basketball, tennis, racquetball and other courts; vehicle driveways, parking areas and any other facilities that may hereafter be authorized by state law or approved by the city.
PRIVATE OPEN SPACE
Privately owned land and facilities for park and recreation purposes provided within a subdivision and perpetually maintained and operated by the future residents or owner of the subdivision. This land and facilities can be credited against the dedication and payment requirements established in this subchapter, when the following criteria are met:
(1) 
That the private park land meet a minimum size requirement equivalent to one-third (0.33) acre per 20 parcels;
(2) 
That the proposed private park land be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as its size, shape, topography, geology, access and location;
(3) 
That the following areas or subdivision design features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, subdivision edges, landscaped subdivision entries, meandering streams, flood retention facilities and circulation improvements, such as bicycle, hiking and equestrian trails;
(4) 
That the location of the land provide convenient access to housing and schools;
(5) 
That the perpetual private ownership and maintenance of the land is adequately provided for by a recorded written agreement; and
(6) 
That the use of the private park land is perpetually restricted for park and recreational purposes that cannot be defeated or eliminated without the consent of the City Council, and in no event without providing equivalent park and recreational space elsewhere in the subdivision.
[Ord. 1325, 11-6-2002]
(A) 
Authority and purpose.
(1) 
This subchapter is enacted pursuant to the authority granted by Cal. Gov't Code § 66477, and shall be interpreted to be consistent with the provisions thereof.
(2) 
The park and recreational facilities for which dedication of land and/or payment of a fee is required by the terms of this section shall be provided in accordance with the standards, specifications and requirements of the city's general plan, any specific plan adopted pursuant thereto, and any other adopted city resolution, policy or standard.
(B) 
Conflict with other laws.
(1) 
With respect to its subject matter, this subchapter supersedes all other ordinances or regulations of the city.
(2) 
This subchapter shall not supersede other ordinances or regulations of the city, except as expressly stated in this subchapter.
(C) 
Exemptions.
(1) 
The provisions of this section shall not apply to commercial or industrial subdivisions; nor to condominium or stock cooperative projects, which consist of the subdivision of airspace in an existing apartment building more than five years old, when no new dwelling units are added.
(2) 
Nonresidential subdivisions containing less than five parcels.
(a) 
Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section.
(b) 
However, in that event, a condition may be placed on the approval of a parcel map that, if a building permit is requested for construction of a residential structure or structures on one or more of the parcels, the fee may be required to be paid by the owner of each parcel as a condition of the issuance of the permit.
[Ord. 1325, 11-6-2002]
(A) 
As a condition of approval of a tentative or final tract map or parcel map for a residential subdivision or a multiple family residential project, the subdivider/developer shall be required to dedicate land, pay a fee in lieu thereof, or both:
(1) 
At the option of the city;
(2) 
In an amount determined pursuant to this subchapter;
(3) 
For park or recreational purposes, unless the subdivider/developer is exempted from this requirement by the express provisions of this subchapter.
(B) 
The dedication of land and/or payment of a fee shall be at the time and according to the standards and formula contained in this subchapter.
[Ord. 1325, 11-6-2002]
(A) 
General. If the park dedication is required under § 156.132, the park area required shall be determined in accordance with the standards provided in this section.
(B) 
Standard of park area to population.
(1) 
It is found and determined that the public interest, convenience, health, safety and welfare of the residents of the city require that three acres of property for every 1,000 persons residing within the city be devoted to local and community park and recreational purposes, and that such park area is necessary to provide for the needs of the current and future persons residing and working in the city.
(2) 
Said ratio of three acres per thousand population is hereafter referred to as the park area standard.
(C) 
Dwelling unit occupancy factor.
(1) 
Based upon the latest available census data, the dwelling unit occupancy factors shall be as follows:
Occupancy Factor
Housing Type
3.9
single-family dwelling units
3.5
multi-family dwelling units
1.5
mobile-home/RV units or spaces
1.8
age-restricted, single-family subdivisions
(2) 
These figures may be revised from time to time by resolution of the advisory agency.
(D) 
Computation of area of park to be dedicated.
(1) 
The dedication of park land required for any subdivision shall be determined by multiplying the number of dwelling units in the subdivision for each housing type by the occupancy factor for each housing type by .003 (i.e., the ratio of the park area standard of three acres to 1,000 population).
(2) 
This is represented as follows:
(number of dwelling units) (occupancy factor) (3/1,000) = area of park to be dedicated
(E) 
Qualification of land being dedicated. In addition to meeting the requirements set forth in this section, any land offered for park dedication shall meet the criteria specified in § 156.135(D)(1).
(F) 
Costs of acquisition and development of land.
(1) 
Recent park development analysis indicates an acquisition and development cost of $180,000 per acre for park and recreation facilities.
(2) 
This cost applies to 182 acres of new parkland for a total cost of $32,760,000.
(3) 
The recommended and approved cost recovery level of new residential projects for park and recreation facilities improvements is 75% or $24,570,000.
[Ord. 1325, 11-6-2002; Ord. 1524, 1-16-2008; Ord. 1795, 12-6-2023]
(A) 
Pursuant to § 156.135, the subdivider/ developer may pay to the city a fee in lieu of making such dedication.
(B) 
The fee shall be set by City Council.
(C) 
The subdivider/developer shall have the option to submit a fair market appraisal report prepared by a licensed real estate appraiser in the State of California to establish a project specific Quimby in-lieu of fee. This report shall be prepared in conformance with Ch. 156 of this code. The Director of Community Development shall have the authority to review and accept or reject the fee specified in the report, provided, that if there is 10% or less difference in the fee specified in the appraisal report and the adopted fee, the Director shall accept the appraisal report fee.
[Ord. 1325, 11-6-2002]
(A) 
Dedication generally required.
(1) 
Where a park or recreational facility has been designated in the general plan of the city or other adopted resolution policy or standard of the city, 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 and other members of the public, the subdivider shall dedicate land for a park and provide recreational facilities thereon as provided in this subchapter, unless the city determines that dedication is not desirable as provided in this section.
(2) 
If the fair market value of the park and recreational facilities provided pursuant to city specifications is less than that required hereunder, no additional fees shall be required, otherwise, the subdivider shall pay the difference.
(B) 
In-lieu fees.
(1) 
Where no park or recreational facility located, in whole or in part, within the proposed subdivision is designated in the general plan of the city or other adopted resolution policy or standard of the city, the subdivider shall, in lieu of dedicating land, pay a fee computed in accordance with § 156.134(B).
(2) 
In-lieu fees shall be used for park and recreational purposes, serving the residents of the area being subdivided and other members of the public.
(C) 
Combination of land and fees. The city may accept a combination of land and fees, with the respective amounts to be determined at the sole discretion of city, so long as the aggregate fair market value plus in-lieu fees does not exceed the limits established in this subchapter.
(D) 
Determination of land or fee.
(1) 
Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be at the city's sole discretion, and shall be determined by consideration of the following:
(a) 
The provisions of the city's general plan, any specific plan adopted thereto, and any other adopted city resolution, policy or regulation;
(b) 
The topography, geology, access and location of the land in the subdivision available for dedication;
(c) 
The size and shape of both the subdivision, and of the land available for dedication;
(d) 
The feasibility of dedication;
(e) 
The access and location of other park sites to the subdivision; and
(f) 
The need to develop, improve and rehabilitate other accessible park sites.
(2) 
The determination of the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
(E) 
In-lieu fees for subdivisions of 50 parcels or less. If the subdivision contains 50 parcels or less, only the payment of in-lieu fees may be required, except that condominium, stock cooperative or community apartment projects may be required to dedicate land if they have more than 50 dwelling units.
[Ord. 1325, 11-6-2002]
(A) 
Public parks.
(1) 
The subdivider shall receive a credit against the park dedication requirement for the fair market value of any land dedicated for park purposes, and for the value of any park and recreation improvements provided by subdivider in conjunction with any public park.
(2) 
The value of such improvements shall be determined by the city based upon fair market value.
(B) 
Private parks.
(1) 
In conjunction with any planned development, real estate development, stock cooperative, community apartment or condominium, as defined by state law, if the subdivider provides "private open space" , as defined in § 156.130, then the subdivider may receive a credit equal to the fair market value of that space against the park dedication requirement of this subchapter, but such credit shall not exceed one-third of such requirement.
(2) 
The actual amount of such credit shall be determined by the city, based upon the comparability of the private open space to public park area and the adequacy of such private open space to serve the needs of the subdivision for active recreational uses.
(C) 
Application of credits. The credits provided in this section shall be applied to reduce the subdivider's obligation to dedicate and/or pay an in-lieu fee as required under this subchapter, but only to the extent of such credit.
[Ord. 1325, 11-2-2002]
(A) 
The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.
(1) 
In accordance with Cal. Gov't Code § 66477, it is expressly acknowledged that the land to be dedicated or fees to be paid may be for both neighborhood and community parks.
(2) 
Such fees may be used to improve or rehabilitate existing parks.
(3) 
Such fees may be used to purchase land, construct a venue, or rehabilitate a venue where a variety of cultural activities could take place.
(B) 
Fees paid by a subdivider pursuant to this subchapter may be spent to develop, improve and rehabilitate community and neighborhood parks, even though such parks may be used by nonresidents of the subdivision, so long as the benefit of the park and recreational facilities to residents of the subdivision is reasonable in relation to the location of the park and the amount of the fees.
[Ord. 1524, 1-16-2008]
At the sole discretion of the city, all fees shall be paid directly to the City Cashier at the time of building permit issuance, or at the city's discretion pursuant to a development agreement.
[Ord. 1325, 11-6-2002]
(A) 
City's schedule.
(1) 
The Director of Community Development shall prepare and maintain a schedule specifying how, when and where the land or fees, or both, which were dedicated to the city to develop park or recreational facilities will be used.
(2) 
Any fees collected under this subchapter shall be committed within five 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.
(B) 
Subdivider's schedule.
(1) 
In the event that the subdivider improves or develops parks for public or private ownership, he or she shall prepare a schedule specifying when, how and where the park or recreational facilities serving the residents of the subdivision will be developed.
(2) 
This schedule will be required as a condition of subdivision map approval.
[Ord. 1325, 11-6-2002]
(A) 
Approval of subdivision map.
(1) 
Unless otherwise expressly provided in this subchapter, the advisory body shall make any decision or action required by the city pursuant to this subchapter, after the duly noticed public hearing at the time of approval of the tentative tract map or parcel map.
(2) 
Such a decision or action shall be a condition of approval of the subdivision map.
(B) 
Appeals.
(1) 
Any person may appeal a determination of the advisory body made pursuant to this subchapter.
(2) 
Appeals shall be made as provided in § 30.89 of this code.