Whether the decision-making body accepts land dedication or elects to require payment of the total park impact fee, shall be determined by consideration of the following:
(A) 
The natural features, access, legal encumbrances, and location of land in the subdivision available for dedication;
(B) 
The size and shape of the subdivision and land offered for dedication;
(C) 
The compatibility of dedication with the General Plan; and
(D) 
The proximity of existing and proposed park sites and trails.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1; Ord. 2025-014, 11/18/2025)
Where private parkland usable for active recreational purposes is provided in a planned development, stock cooperative, limited-equity housing cooperative, workforce housing cooperative trust, or community apartment project, as defined in Sections 11003, 11003.2, 11003.4 and 11004, respectively, of the Business and Professions Code, or condominiums, as defined in Section 783 of the Civil Code, partial credit, not to exceed 45 percent, shall be given against the requirement of land dedication or payment of impact fees if the decision-making body finds that it is in the public interest to do so and that all the following standards are met:
(A) 
Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private parkland; and
(B) 
Private park and recreation facilities shall be owned by an owners association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a 75 percent affirmative vote of the membership and approved by the City, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities; and
(C) 
Use of the private parkland is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City or its successor; and
(D) 
The proposed private parkland is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, public access and location; and
(E) 
The parkland for which credit is given is a minimum of one acre and provides a minimum of five of the local park basic elements listed in this subsection, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:
Elements
Acres
Children's Play Areas for both 2-5 and 5-12 age groups
0.05 to 0.25
Trees and Landscaping
0.25 to 1.00
Picnic Area
0.05 to 0.25
Sports Court (full sized)
0.05 to 0.25
Lawn Area or Athletic Field
0.25 to 1.00
Swimming Pool and/or Sprayground (42' x 75' with adjacent deck/lawn area)
0.25 to 0.50
Recreation Center Building with Community Programming
0.05 to 0.25
(Ord. 3216 § 1, 1995; Ord. 3591 § 1, 2002; Ord. 2018-014 § 1; Ord. 2025-014, 11/18/2025)
At the time of approval of a tentative map or tentative parcel map, rezoning, or any other discretionary approval of development, the decision-making body shall, pursuant to this chapter, determine whether to require the dedication of land and allow a credit against the park impact fee.
Dedications of land shall be made on the final subdivision map. The park impact fee shall be calculated and paid at the time of issuance of the building permit using: (1) the fee schedule adopted pursuant to Section 19-70.100; and (2) any applicable credit for land dedication determined pursuant to Section 19-70.050 and any applicable credit for developer-provided park and recreation improvements determined pursuant to Section 19-70.160.
"Incentive eligible projects" (i.e., low/very low income, senior and disabled housing) shall have the option to defer payment of fees pursuant to this chapter until the close of escrow on the permanent financing.
Covenants for private park or recreation facilities shall be submitted to the City prior to approval of the final or parcel map and shall be recorded contemporaneously with the final or parcel map.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1; Ord. 2025-014, 11/18/2025)
Fees determined pursuant to Section 19-70.090 shall be paid to the City and shall be deposited into the City service area trust fund, or its successor. Money in the fund, including accrued interest, shall be expended solely for acquisition and development of park land or improvements related thereto.
Fees will be calculated, collected, accounted for, and expended for the upgrade or expansion of park and recreation facilities, reimbursements to developers that provide such park and recreation facilities, or for costs associated with administration of the fee. Fees are restricted for use within the City service area in which the fees were collected, except that up to one-half of the fees from each City service area may be used for expenditures outside that City service area for parks that provide Citywide benefits.
The City shall annually make available to the public a report describing the income, expenditures, and status of the City service area trust funds.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1; Ord. 2025-014, 11/18/2025)
The provisions of this chapter do not apply to commercial or industrial subdivision; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
After the decision-making body determines the land required for dedication and the park impact fee payment by the developer, the developer may apply to the Recreation and Parks Department for permission to construct specified park and recreation improvements on land of the developer required for dedication or on other land within the same City service area to be developed as a park. If the Recreation and Parks Department grants the developer permission for construction of specified parks and recreation improvements on the land, the Department shall fix the dollar value of the parks and recreation improvements approved by the Department. The dollar value of park and recreation improvements provided by the developer in the manner described in this chapter shall be credited against the fees required by this chapter, and consistent with the City's credit and reimbursement policies and procedures.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
The Recreation and Parks Department shall develop a schedule specifying how, when and where it will use the land or fees, or both, to develop park or recreational facilities.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the decision-making body if the decision-making body determines that public street access is unnecessary for maintenance of the park area or use thereof by residents.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
If during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the decision-making body with the resultant funds being used for the purchase of a more suitable site.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)
The City Council may accept and maintain open space lands that promote public health, safety and welfare.
Said open space lands must provide substantial public use and one or more of the following: (1) contiguity to existing parks or open space areas; (2) major linkage between parks or open space areas; (3) a major off-street trail or pathway system which connects, or has the potential to connect, to other such trails; (4) valuable pedestrian experience on its own; and/or (5) public access to creeks or protection of creeks for public benefit. Other open space, such as hillsides or ridgelines with minimal public access potential, should be protected by other techniques. Provision of open space accepted pursuant to this section or protected by other techniques shall not be credited against the provision of park and recreational land or payment of the park impact fee as determined by this chapter nor shall in any way displace the need for provision of adequate usable park space per this chapter.
Nothing in this section shall limit the offer of land by dedication or donation and acceptance thereof by provisions outside this chapter.
(Ord. 3216 § 1, 1995; Ord. 2018-014 § 1)