§ 16.30

The amount of land required to be dedicated to the city for park facilities incident to and as a condition of the approval of a tentative map or tentative parcel map for a subdivision shall be consistent with the standards and policies for park facilities adopted in the city general plan and any applicable specific plan or master plan by the city council; and shall bear a reasonable relationship to the need for park facilities by the inhabitants of the subdivision.

(Ord. 573 § 1 (part), 1990)

16.30.030 - Maximum amount of dedicated parkland which may be required.

Except as otherwise provided by this chapter, the maximum number of acres or fraction of an acre of land required to be dedicated to the city for park facilities incident to and as a condition of the approval of a tentative map or parcel map for a subdivision shall not exceed the product of the following:

A.

The maximum number of dwelling units permitted within the subdivision as determined from the zoning regulations applicable to the subdivision; multiplied by

B.

The average number of residents per dwelling unit within the incorporated territory of the city, as determined by the most recent federal census or a census taken pursuant to the provisions of Title 4, Division 3, Part 2 of the California Government Code (commencing with Section 40200); multiplied by

C.

Three thousandths of an acre (.003 acre) per person.

(Ord. 573 § 1 (part), 1990)

16.30.040 - Adjustments to maximum amount of dedicated parkland which may be required to account for private open space.

A.

Where a tentative map or a parcel map is approved for a condominium project, a planned development or a real estate development which includes private open space set aside either for active recreational purposes or passive recreational purposes, then the maximum number of acres or fraction of an acre required to be dedicated to the city for park facilities incident to and as a condition of approval of such tentative map or parcel map shall be reduced by an amount equal to twenty-five percent of the number of acres or fraction of an acre of such private open space set aside for active recreational purposes, as well as twenty-five percent of the number of acres or fraction of an acre of private open space set aside for passive recreational purposes.

B.

For purposes of this section, private open space set aside for active recreational purposes shall include any private open space within the subdivision other than yards, court areas, setbacks and other open areas required by zoning regulations, building regulations and other regulations of the city which meets all of the following requirements:

1.

The private open space is open to and accessible by all residents of the subdivision;

2.

The private open space includes one or more of the following active recreational elements:

a.

Open spaces dedicated to active recreational pursuits such as soccer, golf, baseball, softball and football,

b.

Tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced areas especially designed and exclusively used for court games,

c.

Recreational swimming pools or other swimming areas, and

d.

Buildings and other facilities designed and primarily used for the specific recreational needs of the residents of the subdivision;

3.

Use of the private open space is restricted for active recreational purposes by a recorded covenant which runs with the land and which can be terminated only with the prior consent of the city council.

C.

For purposes of this section, private open space set aside for passive recreational purposes shall include any private open space within the subdivision other than yards, court areas, setbacks and other open areas required by zoning regulations, building regulations and other regulations of the city which meets all of the following requirements:

1.

The private open space is open to and accessible by all residents of the subdivision;

2.

The private open space includes one or more of the following passive recreational elements:

a.

Landscaped areas, picnic areas and gardens,

b.

Areas set aside as natural habitats for the preservation of rare, endangered or otherwise significant natural vegetation,

c.

Lakes, ponds, creeks, streams and other similar water impoundments and water courses, and

d.

Bike and pedestrian paths other than bike and pedestrian paths which would normally be constructed and installed as part of the main traffic and circulation system of the subdivision;

3.

Use of the private open space is restricted for passive recreational purposes by a recorded covenant which runs with the land and which can be terminated only with the prior consent of the city council.

(Ord. 573 § 1 (part), 1990)

16.30.050 - Application of parkland dedication requirements to subdivisions containing lots and parcels likely to be further subdivided.

Where an application is filed for approval of a tentative map or a parcel map for a subdivision which contains less than fifty-one lots or parcels, such subdivisions, nevertheless, shall be deemed to contain fifty-one or more lots or parcels for purposes of land dedication requirements provided for by this chapter where the planning commission, based on all available evidence including but not limited to the kind of development that would be permitted within the subdivision pursuant to the general plan or any applicable specific plan, determines that one or more lots within the subdivision are likely to be further subdivided in a manner which will create a total of fifty-one or more lots or parcels within the entire subdivision. Moreover, where a subdivision contains lots and parcels likely to be further subdivided, the planning commission shall determine the maximum number of acres and/or fraction of an acre to be dedicated to the city for park

or more lots within the subdivision are likely to be further subdivided in a manner which will create a total of fifty-one or more lots or parcels within the entire subdivision. Moreover, where a subdivision contains lots and parcels likely to be further subdivided, the planning commission shall determine the maximum number of acres and/or fraction of an acre to be dedicated to the city for park

facilities in the manner hereinbefore provided by this chapter based on the maximum number of dwelling units which would be permitted within the subdivision pursuant to the provisions of the general plan or any relevant specific plan rather than on the zoning regulations applicable to the subdivision.

(Ord. 573 § 1 (part), 1990)

When the planning commission has required the dedication of land for park facilities incident to and as a condition of the approval of a tentative map or parcel map for a subdivision, the planning commission as a further condition of such approval, may require the construction and installation of the following public improvements within the dedicated parkland and adjoining public rights-of-way:

A.

Storm drainage facilities necessary for the conveyance and disposal of stormwaters generated within or flowing through the dedicated parkland;

B.

Fencing necessary in order to provide an appropriate barrier between the dedicated parkland and adjoining properties;

C.

Street improvements within the adjoining public rights-of-way including, but not limited to, street paving, sidewalks, curbs, gutters, street trees and traffic control devices; and

D.

Any other improvements which the planning commission determines are necessary in order to make the dedicated parkland suitable for development as a park facility.

(Ord. 573 § 1 (part), 1990)

Where parkland has been dedicated to and accepted by the city in accordance with the conditions of approval of a tentative map or parcel map for a subdivision, such parkland shall be used only for the purpose of developing neighborhood or community park and recreational facilities which serve the residents of the subdivision, all in accordance with a parkland development schedule adopted by the city council. Such parkland development schedule shall be adopted by the city council within six months of the acceptance by city of dedicated parkland or on or before the date the council adopts the first annual city budget next following such acceptance, whichever last occurs, and shall specify how and when such parkland will be used for the development of neighborhood or community park facilities which serve the inhabitants of the subdivision for which the parkland dedication was made. When adopting such parkland development schedule the city council shall fully consider any recommendations thereon which are made by the city parks and recreation commission; as well as the special recreation needs, if any, of the inhabitants of the subdivision for which the parkland dedication was made. Following adoption of such

parkland development schedule, the city council may, from time to time, amend the schedule in any manner which it deems appropriate.

(Ord. 573 § 1 (part), 1990)

If, following the city's acceptance of parkland dedicated to it in accordance with the conditions of approval of any tentative map or parcel map for a subdivision, the city council determines that there is another site available that would more suitably serve the park and recreational needs of future inhabitants of such subdivision, or that there is another site available that could be developed, operated and maintained in a manner which meets the needs of the future inhabitants of the subdivision for park facilities at a cost significantly less than the cost of developing, operating and maintaining the dedicated land for park and recreational purposes, then the city council may either sell the dedicated land and use the proceeds from such sale to acquire and develop such other site for park and recreational purposes, or may exchange the dedicated land for such other site.

(Ord. 573 § 1 (part), 1990)

If the planning commission elects to have the developer pay fees in lieu of dedicating land, the amount of the fees to be paid shall be established by applying the formula set forth in Section 15.36.060 of this code, the maximum potential number of residential dwelling units which could be built within the subdivision under the zoning ordinances there in effect. The planning commission may, however, reduce the fees payable by applying the same standards and criteria it would use in determining that the maximum amount of dedicated parkland allowed by ordinance is not necessary to meet the needs arising from a particular subdivision. The foregoing fees shall be paid prior to approval of the parcel map or final map on the subdivision. Any fees paid pursuant to the foregoing requirements shall be used in the manner and subject to the time schedules set forth in this code.

(Ord. 573 § 1 (part), 1990)

Where parkland has been dedicated to and accepted by the city in accordance with the conditions of approval of any tentative map or parcel map for a subdivision, the owner of any residential lot or parcel within such subdivision shall, at the time of applying for a permit authorizing the construction or installation of a building or structure on such lot or parcel, be entitled to a credit against any park capital improvement fee now or hereafter assessed and levied by or pursuant to the provisions of Title 15 of this code at the time of the issuance of such permit in the amount provided for therein.

(Ord. 573 § 1 (part), 1990)

16.30.110 - Dedication of additional parkland to mitigate significant environmental effects.

Notwithstanding any provisions of this chapter to the contrary, the planning commission, incident to and as a condition of the approval of a tentative or parcel map for any residential or nonresidential subdivision may

require the dedication of park and recreation facilities at any location and in any amount which the planning commission determines is necessary in order to substantially mitigate an adverse environmental effect identified in an environmental assessment or environmental impact report provided in connection with the approval of such tentative or parcel map.

(Ord. 573 § 1 (part), 1990)