§ 17.54

This chapter is enacted pursuant to the authority granted by the California Quimby Act, Subdivision Map Act (SMA) Section 66477, to provide by local ordinance for the dedication of land, the payment of fees in lieu thereof, or a combination of both, for park and recreational purposes as a condition of approval for a final map or parcel map.

The park and recreational land requirements imposed shall be based on the goals, policies, and facility planning contained in the recreation element of the general plan and the parks, trails, and open space master plan. As required by this chapter, the amount and location of land to be dedicated or the fees to be paid do, in the opinion of the city council, bear a reasonable relationship to the park and recreational needs of the future inhabitants of the subdivision.

(Ord. No. 2469, § 15, 11-2-2010)

As a condition of approval of a final map or parcel map, the subdivider shall dedicate land or pay a fee in lieu thereof, or both, at the option of the city for park or recreational purposes according to the standards and formula contained in this chapter.

(Ord. No. 2469, § 15, 11-2-2010)

A.

In subdivisions containing fifty parcels or less, the city shall require only the payment of fees and shall not require the dedication of land.

B.

The provisions of this chapter do not apply to:

1.

Commercial or industrial subdivisions, provided that a condition shall be placed on the approval of such tentative 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 will be required to be paid by the owner of each such parcel prior to issuance of the building permit.

2.

The conversion of an existing apartment building into airspace condominium units or stock cooperative when no new dwelling unit(s) are added.

3.

Parcels in a subdivision that contain existing residential units and the new parcels do not support any additional future residential units based on applicable zoning and general plan criteria.

(Ord. No. 2469, § 15, 11-2-2010)

17.54.040 - Amount of parkland to be dedicated.

A.

It is found and determined that the public interest, convenience, health, welfare, and safety require that five acres of property for each one thousand persons residing within the city be devoted to neighborhood and community-park recreational purposes. Where the dedication of land is required by the final approval authority as a condition of a final map, the amount of such land will be based on the following:

The above reflects the amount of land required to be dedicated to achieve five acres of parkland per one thousand population based on a density factor of 2.34 persons per dwelling pursuant to SMA Section 66477, or as that section may be amended from time to time, and based on population-per-dwelling-unit estimates supplied by the year 2010 U.S. Census.

B.

For the purposes of this section, the number of new dwelling units in areas designated for one dwelling unit per parcel shall be based on the number of parcels indicated on the final map. When all or part of the subdivision is located in an area classified for more than one dwelling unit per parcel, the number of new dwelling units shall be based on the density permitted by the zoning classification of the subject property or any specific dwelling unit numbers entitled by the project.

C.

Should a rezoning or general plan amendment application accompany the tentative map, density shall be calculated according to the density of the designation requested. However, if it appears that the actual number of dwelling units that will be built is reasonably certain for the foreseeable future and is less than the highest density permitted in the applicable zone, then the calculations shall be based upon such actual density. In the event that the calculation is based upon actual density, a note shall be placed upon the final map or parcel map that prior to the issuance of a building permit for all or any part of the subject property at a higher density than was used for the calculations made pursuant to this chapter, the building-permit applicant shall pay the difference between the fee paid pursuant to this chapter and the fee which would have been required had the calculations been based upon the density proposed in the building-permit application.

D.

In the case of a condominium project or planned development, the number of new dwelling units shall be the number of condominium units or planned-development units.

E.

The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.

(Ord. No. 2469, § 15, 11-2-2010; Ord. No. 2600, § 2, 3-19-2019)

17.54.050 - Requirements for dedication.

A.

The subdivider shall, without credit, provide:

1.

Full street improvements and utility connections, including, but not limited to, curbs, gutters and sidewalks, street paving and striping, traffic-control devices, and street trees, on land which is dedicated pursuant to this section, or provide any necessary easements for usable public access together with any necessary access improvements.

2.

Fencing along the property line of that portion of the subdivision contiguous to the dedicated land.

3.

Other improvements which the city determines to be essential to the acceptance of the land for recreational purposes.

B.

Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable, in the opinion of the city, in location, topography, environmental characteristics, and development potential for park uses based on the policies and standards of Parks, Trails, and Open Space Master Plan. The primary intent of

this section shall be construed to provide the land for functional recreation units of local or neighborhood service, including, but not limited to, tot lots, play lots, playgrounds, neighborhood parks, play fields, community or district parks, bike paths and other specialized recreational facilities that may serve the family group and also senior-citizen and child-care activities. Principal consideration shall be given to lands that offer:

1.

A variety of recreational potential for all age groups.

2.

Recreational opportunities within walking distance from residents' homes.

3.

Possibility for expansion, connection, or coordination with school grounds.

4.

Integration with hiking, riding, and bicycling trails; natural-stream reserves; and open space.

5.

Connectivity with other park systems.

6.

Frontage on at least one existing or proposed public street.

(Ord. No. 2469, § 15, 11-2-2010)

A.

Community Services Advisory Commission. All tentative maps shall be referred to the community services department for comments related to parkland consistent with the intent and provisions of this chapter. The community services department shall forward all subdivisions consisting of more than fifty parcels that are eligible for park and recreational-land dedication to the community services advisory commission for review, including, but not limited to, consideration of whether land, in-lieu fees, or a combination of land and fees should be dedicated and/or paid by the subdivider. The recommendations of the community services advisory commission shall then be forwarded to the planning commission for consideration prior to action on the tentative map application.

B.

Planning Commission. The planning commission shall consider the recommendation of the community services advisory commission. Where the planning commission applies an alternative requirement of land,

in-lieu fees, or a combination of land and fees, the basis of any such alternative requirements shall be reported to the community services advisory commission.

C.

Timing of Payment and/or Dedications. At the time of filing of the parcel map or final map, the property owner(s) shall grant an irrevocable offer to dedicate the land and/or pay the fees as required with the tentative map approval. At the discretion of the final approval authority, fees may be paid prior to the issuance of any building permit (rather than at the time of recording a parcel map or final map) for lots zoned for multiple-family uses if said property, after the land division, could be developed with more than fifteen dwelling units as provided under the base zoning classification of the property.

D.

Dedication Criteria. For any subdivision in which dedication is required, the documents dedicating such land shall be approved by the city and recorded at the same time as the final map. When land is to be dedicated, it shall be dedicated in fee and free and clear of all liens, charges, and encumbrances that are unacceptable to the city.

(Ord. No. 2469, § 15, 11-2-2010)

A.

General Requirements. Where the final approval authority has required the payment of fees in lieu of land dedication or the proposed subdivision of land contains fifty parcels or less, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of that land which would otherwise be required to be dedicated, plus twenty percent for off-site improvements, such as utility-line extensions, streetlights, curb, gutter, and pavement. However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty parcels or less where the subdivider proposes such dedication voluntarily and the land is acceptable to the city.

In subdivisions of more than fifty parcels, the subdivider shall:

1.

Dedicate land in accordance with this chapter and the park needs identified in the General Plan and the Parks, Trails, and Open Space Master Plan.

2.

Dedicate land and pay in-lieu fees when the actual area needed by the city onsite for a proposed park or recreation site is less than the area required by this chapter for dedication. When this occurs, the needed land shall be dedicated for park and recreation purpose, and a fee computed pursuant to the provisions of this section shall be paid in an amount equal to the value of the remaining land that would otherwise have been required to be dedicated.

B.

Calculation of In-Lieu Fees. The amount of in-lieu fees shall be based upon the fair market value of the amount of land which would otherwise be required for dedication. The fair market value shall be regularly updated by resolution adopted by the city council. The amount to be paid shall be calculated pursuant to the following formula:

A × V = M

Where A = The amount of land required for dedication as determined in Section 7.54.040.

Where V = The fair market value (per acre) of the property to be subdivided as established by resolution of the city council.

Where M = The number of dollars to be paid in lieu of dedication of land, to which shall be added twenty percent for off-site improvements.

C.

Use of Money. The money collected pursuant to this section shall be used only for the purpose of acquiring necessary land and developing new, or rehabilitating existing, park or recreational facilities in the general geographic area of the subject subdivision, based on the park-planning quadrants established in the Parks, Trails, and Open Space Master Plan, which are Northwest, Northeast, Southwest, and Southeast.

D.

Reservation. If the amount of land required to be dedicated is less than the area of the park or recreation facility deemed necessary onsite by the city, the approval authority may require that the subdivider set aside the remainder of said park area pursuant to reservation provisions of Section 17.50.060.

(Ord. No. 2469, § 15, 11-2-2010; Ord. No. 2600, § 3, 3-19-2019)

Editor's note— Ord. No. 2600, § 4, adopted March 19, 2019, repealed § 17.54.080 in its entirety. Former § 17.54.080 pertained to credits for privately owned and maintained open-space or recreational facilities and derived from Ord. No. 2469, § 15, adopted November 2, 2010.

Where land for a school site is given free and clear to a school district by a developer pursuant to the approval of a tentative map and the gift provides that the playground area shall be available to the general public during nonschool hours, such land may be credited against the requirements of Section 17.54.040, provided that the city council finds it in the public interest to do so. In the event a school is not constructed on the gift land and the real property is returned to the original subdivider or to another successor in interest, the requirements of Section 17.54.040 that were in effect at the time the land was given to the school district shall apply and the city council, at its discretion, may require a park dedication from the land being returned, payment of in-lieu park fees, or a combination thereof. The determination of the city council as to whether credit shall be given and as to the amount of credit shall be final and conclusive.

(Ord. No. 2469, § 15, 11-2-2010)

With the approval of the city council, the subdivider may elect to improve dedicated park land with approved park facilities in exchange for in-lieu fee credit. Requests for park improvement credit shall be first reviewed by the community services advisory commission, which shall make their recommendation to the city council. The value of approved park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this chapter. The city council reserves the right to approve such improvements prior to agreeing to accept the dedication of land and to require in-lieu fee payments should the land and improvements be unacceptable.

(Ord. No. 2469, § 15, 11-2-2010)

A.

Fees determined pursuant to Section 17.54.070 shall be paid to the city treasurer and shall be deposited into the subdivision park trust fund or its successor. Money in said fund, including accrued interest, shall be expended solely for acquisition or development of parkland or improvements related thereto.

B.

Collected fees shall be appropriated within five years upon receipt of payment or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not so committed, these fees, without any deductions, 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 in the subdivision.

C.

The finance director shall report to the city council at least annually on income, expenditures, and status of the subdivision park trust fund.

(Ord. No. 2469, § 15, 11-2-2010)

A.

If the city council has determined that the public-park purpose for which a dedication was required does not exist or that another nearby site would be more suitable, it shall reconvey the property to the subdivider or the successor in interest in exchange for payment of the in-lieu park fees that would otherwise have been collected.

B.

The city council shall give at least sixty days' notice to the original subdivider or the successor in interest before vacating, leasing, selling, or otherwise disposing of dedicated property. This notice is not required if the dedicated property will be used for the same public purpose for which it was dedicated. Should the

subdivider or successor in interest not respond to said notice within sixty days, the city may vacate, lease, sell, or otherwise dispose of the property, provided all funds are retained for park improvements within the same geographic area in which the park is located, as listed in Section 17.54.070(C). In the event the subdivider is no longer alive or there is not a successor in interest, the city may sell the lands subject to the same restriction on use of the funds as set forth in the preceding sentence.

C.

This section shall only apply to property required to be dedicated on or after January 1, 1990, pursuant to SMA Section 66477.5(e).

(Ord. No. 2469, § 15, 11-2-2010)

Chapter 17.60 - SUBDIVISION DESIGN

Sections: