Each subdivider of the land classified by the City of San Juan Bautista Zoning Ordinance for residential use shall as a condition to filing a final subdivision map dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational purposes. Requirements shall be established by the Planning Commission when acting on the tentative map in consultation with the City Engineer and Planning Director. Land or fees required under this Article shall be conveyed or paid directly to the City of San Juan Bautista which provides community-wide park and recreational services upon approval of the final map.
(A) 
The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood and community park or recreational facilities bearing a reasonable relationship to use by future residents of the subdivision.
(B) 
The City of San Juan Bautista shall 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 in a manner consistent with the limitations of this Chapter and State Subdivision Map Act. Any fees collected under the 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 recorded owners of the subdivision in the same proportion as it was collected.
(C) 
Park and recreational facilities shall be in accord with principles and standards of the Open Space/Conservation Element of the San Juan Bautista General Plan.
(D) 
Only the payment of fees may be required in subdivisions containing fifty (50) parcels or less. In subdivisions larger than fifty (50) parcels, this requirement may be satisfied by dedicating land and/or payment of fees as determined by the Planning Commission.
(E) 
Provisions of this Article do not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units were added.
It is hereby found and determined that the public interest, convenience, health, safety and welfare require that five (5) acres of property for each one thousand (1,000) persons residing within the City be devoted to local park and recreational purposes. The amount of land to be dedicated, or fees to be paid, shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the subdivision and shall be the amount calculated from the following formula:
LAND
=
A x B
FEE
=
A x B x C
D
(A) 
“A” means the park and recreation area required per dwelling unit, based on the type of dwelling units of the proposed subdivision and the park area per one thousand (1,000) people of the City.
(1) 
The park area of the City is determined to be 5.0 acres per one thousand (1,000) people, or .005 people of the City.
(2) 
The park and recreation area required per dwelling unit, A, is established as follows: For detached single-family dwelling units, each unit is assigned 3.2 people. Therefore, A = 3.2 x .005 = .010 acres per unit.
(B) 
“B” means the number of dwelling units in the proposed subdivision.
For the purpose of this Section, the number of dwelling units in the proposed subdivision shall be determined as follows. In areas zoned for one (1) dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the tentative map. When the subdivision is located in an area zoned for multiple dwelling units per parcel, the number of dwelling units shall equal the maximum number of dwelling units allowed under that zone. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on the tentative map. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved planned development plan.
(C) 
“C” means the current market value of the developable acreage of the area to be subdivided.
(D) 
“D” means the developable acreage of the area to be subdivided.
Where fees are required by the City to be paid in lieu of land dedication, such fees shall be based on the current market value of the developable acreage of the area to be subdivided as determined by the Director of Public Works and Planning Director at the time of approval of the Final Subdivision Map. If the subdivider objects to the determination of current market value, the subdivider may request the City to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the City and the subdivider, which appraisal will be considered by the City in determining the current market value. All costs required to obtain such appraisal shall be borne by the subdivider.
(A) 
If the subdivider provides park and recreational improvements to the dedicated land as authorized by the Planning Commission, the value of improvements may be a credit against fees or land dedication otherwise required by this Article.
(B) 
As may be determined by the Planning Commission, planned developments and real estate developments, as defined in Sections 11003 and 11003.1, respectively, of the Business and Professions Code, shall be eligible to receive a credit for private open space and recreational facilities otherwise required by this Article, provided that:
(1) 
Private open space is at least one-half (1/2) acre in area with its smallest dimension being at least one hundred feet (100′) clear excluding yards and setbacks normally required by zoning provisions;
(2) 
Private open space and recreational facilities are owned and maintained by a homeowners’ association, are available to all residents of the subdivision without restriction, and are designated for park and recreational purposes by recorded covenants which run with the land, and cannot be defeated or eliminated without consent of the City Council;
(3) 
Private open space and facilities are suitable for active park and recreation purposes taking into consideration such factors as shape, topography, access, and improvements proposed;
(4) 
Are in accord with the principles and standards for local parks contained in the Open Space/Conservation Element of the City of San Juan Bautista General Plan.
(A) 
Prior to approval of the subdivision, the Planning Commission shall consider the report and recommendation from the City Engineer and Planning Director, as the case may be, regarding the following:
(1) 
The amount of land required; or
(2) 
That a fee be charged in lieu of land; or
(3) 
That a combination of land and fee be required; and
(4) 
The location of the park land and, where appropriate, the setting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees.
(B) 
At the time of approval of the subdivision, the Planning Commission shall determine whether land, in-lieu fees, or a combination of land and fees, shall be dedicated and/or paid by the subdivider.
(C) 
The Planning Commission may approve, modify, or disapprove the recommendation of the City Engineer and the Planning Director, provided, however, any modification of the recommendation not previously considered shall first be referred back to the City Engineer and Planning Director for further report and recommendation. The City Engineer and Planning Director shall report back to the Planning Commission within thirty (30) days. After the receipt and consideration of the report, or after thirty (30) days have passed in the event no report is received, the Planning Commission may take action on the modification.
Dedication of land outside of the subdivision may be authorized by the City of San Juan Bautista in consultation with the City Engineer and Planning Director by action on the tentative map and be credited toward the developer’s park land dedication requirement.