Amador City Municipal Code Ch. 16.23 Park Land Dedication

The ordinance codified in this chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the Conservation and Open Space Element of the General Plan of the city of Amador City, adopted by the city of Amador City on May 18, 2006.

(Ord. 160 § 1, 2006)

For the purpose of this chapter, the following words shall have the meanings described to them in this section:

"Duplex dwelling" means a building of permanent location, which is planned, designed or used for residential purposes, for two families living independently of each other in independent dwelling units.

"Multiple dwelling" means a building of permanent character, placed in a permanent location, which is planned, designated or used for residential purposes, for three or more families living independently of each other in independent dwelling units.

"Single-family dwelling" means a detached building of permanent character, placed in a permanent location, which is planned, designed or used as a residence for one family only, living independently of other families or persons.

(Ord. 160 § 2, 2006)

At the time of approval of the tentative map or parcel map, the city council shall determine pursuant to Section 16.23.040 of this chapter, the land required for dedication or in lieu fee payment. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for neighborhood and community park or recreational purposes at the time and according to the standards and formula contained in this chapter. In the event park and recreational services are provided by a public agency other than the city, the amount and location of land to be dedicated or fees to be paid shall be jointly determined by the city and such public agency.

(Ord. 160 § 3, 2006)

It is found and determined that the public interest, convenience, health, welfare, and safety require that five acres of property for each one thousand (1,000) persons residing within this city be devoted to neighborhood and community park and recreational purposes.

(Ord. 160 § 4, 2006)

Where a park or recreation facility has been designated by the city pursuant to "Trails, Parks, and Recreational Facilities" a section of conservation and open space, an element of the general plan 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, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formulas:

Formula Based on Population Estimate. The formula for determining acreage to be dedicated shall be as follows:

(Example for single-family dwelling unit (DU)):

The following table of population density has been established pursuant to Section 66477(b) of the Government Code:

Park Land Dedication Formula Table

Dedication of the land shall be made in accordance with the procedures contained in Section 16.23.160 of this chapter.

For the purposes of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. 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.

The subdivider shall, without credit: 1) provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this section; 2) provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; 3) provide improved drainage through the site; and 4) provide other minimal improvements which the city council determines to be essential to the acceptance of the land for recreational purposes.

The land to be dedicated and the improvements to be made pursuant to this section shall be approved by the Amador City council.

(Ord. 160 § 5, 2006)

A. General Formula. If there is no park or recreation facility, designated by the city pursuant to "trails, parks, and recreational facilities" a section of conservation and open space, an element of the general plan of the city, 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, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of that land, plus twenty (20) percent toward costs of off-site improvements, prescribed for dedication in Section 16.23.040 of this chapter and in an amount determined in accordance with the provisions of Section 16.23.080 of this chapter, such fee to be used for a local park which bears a reasonable relationship to serve the present and future residents of the area being subdivided.

For the purposes of this chapter, off-site improvements are defined as those improvements which would have been required if land had been dedicated using the provisions of Section 16.23.040 of this chapter.

B. Fees in Lieu of Land; Fifty (50) Parcels or Less. If the proposed subdivision contains fifty (50) parcels or less, the subdivider shall pay a fee equal to the land value, plus twenty (20) percent toward costs of off-site improvements, of the portion of the local park required to serve the needs of residents of the proposed subdivision as prescribed in Section 16.23.040 of this chapter and in an amount determined in accordance with the provisions of Section 16.23.080 of this chapter.

However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the city council.

C. Use of Money. The money collected hereunder shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision.

(Ord. 160 § 6, 2006)

In subdivisions of more than fifty (50) parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

A. When only a portion of the land to be subdivided is proposed, pursuant to "trails, parks, and recreational facilities" a section of conservation and open space, an element of the general plan of the city, as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provision of Section 16.23.080 of this chapter shall be paid for the value of any additional land, plus twenty (20) percent toward costs of off-site improvements, that would have been required to be dedicated pursuant to Section 16.23.040 of this chapter.

B. When a major part of the local park or recreation site has already been acquired by the city (county) and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provision of Section 16.23.080 of this chapter shall be paid in an amount equal to the value of the land, plus twenty (20) percent toward costs of off-site improvements, which would otherwise have been required to be dedicated pursuant to Section 16.23.040 of this chapter, such fees to be used for the improvement of the existing park and recreation facility or for the improvement of other local parks and recreation facilities in the area serving the subdivision.

(Ord. 160 § 7, 2006)

When a fee is to be paid in lieu of land dedication, value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication pursuant to Section 16.23.040, plus twenty (20) percent toward costs of off-site improvements, such as extension of utility lines. The fee shall be determined by the following formula:

Where:

DUs = Number of dwelling units as defined in Section 16.23.020.

Pop. = population per dwelling unit DU.

FMV = fair market value, as determined by Section 16.23.090.

Buildable acre = a typical acre of the subdivision, with a slope less than 20%, and located in other than an area on which building is excluded because of flooding, easements, or other restrictions.

Fees to be collected pursuant to this section shall be approved by the Amador City council.

(Ord. 160 § 8, 2006)

The fair market value shall be determined by the city with a written appraisal report prepared and signed by an appraiser acceptable to the city. The appraisal shall be made immediately prior to the filing of the final map. The subdivider shall notify the city of the expected filing date at least six weeks prior to filing of the final map. If more than one year elapses prior to filing the final map, the city will prepare a new appraisal and will bill the subdivider for the cost of the reappraisal. For the purposes of this chapter, the determination of the fair market value of a buildable acre, as defined in Section 16.23.080 of this chapter, shall consider, but not necessarily be limited to, the following:

A. Approval of and conditions of the tentative subdivision map;

B. The general plan;

C. Zoning;

D. Property location;

E. Off-site improvements facilitating use of the property;

F. Site characteristics of the property.

If the subdivider objects to the determined fair market value, he or she may appeal to the city council who shall hear the appeal under the same rules and obligations current for local board of equalization hearings, except that the burden of proof shall lie with the subdivider.

* Acreage standard from Section 16.23.040 of this chapter.

(Ord. 160 § 9, 2006)

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:

A. The natural features, access, and location of land in the subdivision available for dedication;

B. The size and shape of the subdivision and land available for dedication;

C. The feasibility of dedication;

D. The compatibility of dedication with the Amador City "conservation and open space" general plan element; and

E. The location of existing and proposed park sites and trailways.

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.

(Ord. 160 § 10, 2006)

No credit shall be given for private open space in the subdivision except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003.1 of the Business and Professions Code, partial credit, not to exceed fifty (50) percent, shall be given against the requirement of land dedication or payment of fees in lieu thereof if the city council 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 open space;

B. Private park and recreation facilities shall be owned by a home's association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a one hundred (100) percent affirmative vote of the membership, 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;

C. Use of the private open space 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;

D. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location;

E. Facilities proposed for the open space are in substantial accordance with the provisions of the recreation element of the general plan;

F. The open space for which credit is given is generally a minimum of three acres and provides all of the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:

1. Recreational open spaces, which are generally defined as parks areas for active recreation pursuits such as walking trails and have at least one acre of maintained turf with less than twenty (20) percent slope.

2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games.

3. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, lawn area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet of water surface area for each three percent of the population of the subdivision with a minimum of eight hundred (800) square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool.

4. Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development.

The determination of the city council as to whether credit shall be given and the amount of credit shall be final and conclusive.

(Ord. 160 § 11, 2006)

At the time of approval of the tentative map or parcel map, the city council shall determine pursuant to Section 16.23.040 of this chapter, the land required for dedication. If the city council requires in-lieu fee payment by the subdivider, the city council will set the amount of land upon which the in-lieu fee will be based at the time of final map approval.

At the time of the filing of the final subdivision map or parcel map, the subdivider shall dedicate the land as required by the city council. Where the city council has determined that fees shall be paid in lieu of or in addition to the dedication of land, the city council shall set the in-lieu fees based on the land dedication requirements as established at the time of tentative map approval using current land values at the time of final map approval with the formula set forth in Section 16.23.080 of this chapter and using the process for determining fair market value as set forth in Section 16.23.090 of this chapter. The subdivider shall pay such fees in accordance with the following schedule:

A. For any subdivision consisting of ten (10) or more lots, fees shall be paid, in their entirety, prior to the issuance of any building permit for any building or structure to be located upon any lot in the subdivision.

B. For any subdivision consisting of nine or less lots, fees shall be paid 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.

Open space covenants for private park or recreation facilities shall be submitted to the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map.

(Ord. 160 § 12, 2006)

Fees determined pursuant to Section 16.23.080 of this chapter shall be paid to the city treasurer and shall be deposited into the city's park fund (fund #5), or its successor. Money in such fund, including accrued interest, shall be expended solely for acquisition or development of park land, or improvements related thereto.

Collected fees shall be appropriated by the local agency to which the land or fees are conveyed or paid for a specific project to serve residents of the subdivision in a budgetary year 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, less an administrative charge, 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.

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

(Ord. 160 § 13, 2006)

Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this ordinance; provided, however, that a condition shall be placed on the approval of 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 the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

The provisions of the ordinance 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. 160 § 14, 2006)

The value of 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 ordinance. 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. 160 § 15, 2006)

Land or fees required under this chapter shall be conveyed or paid directly to the local public agency which provides park and recreational services on a community wide level and to the area within which the proposed development will be located, if such agency elects to accept the land or fee. At the time of tentative map approval, the city council shall determine whether the city is the appropriate local agency. The city, county, or other local public agency to which the land or fees are conveyed or paid shall develop a schedule pursuant to Section 66477 of the Government Code specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the subdivision.

(Ord. 160 § 16, 2006)

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 city council if the city council determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents.

(Ord. 160 § 17, 2006)

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 city council with the resultant funds being used for purchase of a more suitable site.

(Ord. 160 § 18, 2006)

If any part of this chapter is found for any reason to be invalid, the remaining portions thereof shall remain in full force and effect.

(Ord. 160 § 19, 2006)