Chapter 18.24 — PARKS DEDICATION

(a)

This chapter shall be known and may be cited as the "Quimby Act Implementation Ordinance."

(b)

The requirements of this chapter are imposed upon subdivisions pursuant to the authority granted by the Quimby Act (Government Code § 66477).

(c)

This chapter shall apply to the extent permitted by the statutes and laws of the state.

(Code 1969, § 18.24.010; Ord. No. 828, § 2(part), 2007)

(a)

As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land for neighborhood and community park or recreational purposes, pay a fee for such purposes, or both, at the time and according to the standards and formulas contained in this chapter.

(b)

At the time of approval of the tentative map or parcel map for the subdivision, the city council shall determine the amount of land that must be dedicated pursuant to section 18.24.040 and the amount of the fee required by section 18.24.050.

(c)

The requirements of this chapter shall not apply to any commercial or industrial subdivision.

(Code 1969, § 18.24.020; Ord. No. 828, § 2(part), 2007)

(a)

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

(b)

The following formula shall be used to determine the amount of parkland required to serve a subdivision:

[required parkland (acres)] = [expected population] * .005

(c)

For purposes of subsection (b) of this section, expected population shall be calculated based on the following standard, which is derived from the most recent federal census available at the time this section was adopted:

(d)

For the purposes of subsection (c) of this section, there shall be the following rebuttable presumptions:

(1)

When all or part of a subdivision is located in an area zoned for one dwelling unit per parcel, the number of new dwelling units for that portion of the proposed subdivision will be the number of parcels indicated on the subdivision map.

(2)

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 that portion of the proposed subdivision shall equal the maximum allowed under that zone.

(3)

In the case of a condominium project, 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 proposed dwelling units shall be the number of condominium units.

(e)

For purposes of subsection (c) of this section, dwelling units lawfully in place prior to the date on which the parcel or final map is filed shall not be included in calculations.

(Code 1969, § 18.24.030; Ord. No. 828, § 2(part), 2007)

(a)

Where a park or recreation facility has been specifically designated in a parks master plan approved by the city council, or has otherwise been designated by the city council as a desired park site and included on a list maintained by the parks and recreation manager, and such facility is located in whole or in part within the proposed subdivision and will 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.

(b)

The amount of land that must be dedicated in connection with a subdivision pursuant to subsection (a) of this section, shall not exceed the parkland requirement for that subdivision calculated pursuant to section 18.24.030(c).

(c)

The subdivider shall, without credit, provide to any land dedicated pursuant to this section:

(1)

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)

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

(3)

Improved drainage through the site; and

(4)

Other minimal improvements which the city council determines to be essential to the acceptance of the land for recreation purposes.

(d)

The land to be dedicated and the improvements to be made pursuant to this section shall be approved by the director of community development services, who shall not grant approval to any proposed improvement that does not meet the standards set forth in the approved action of the city council.

(e)

No dedication of land shall be required by this section with respect to:

(1)

Any condominium project, stock cooperative, or community apartment project (as those terms are defined in Civil Code § 1351) consisting of 50 dwelling units or less;

(2)

Any subdivision (other than a condominium project, stock cooperative, or community apartment project) consisting of 50 parcels or less.

However, the subdivider of any such subdivision may make a dedication of land which would otherwise be required by this section, in which event such dedication shall count as a credit against the fee required by section 18.24.050 as if such dedication were required. Any such dedication shall be subject to the requirements of this section, including the requirements of subsection (d) of this section.

(Code 1969, § 18.24.040; Ord. No. 828, § 2(part), 2007)

(a)

The fee required with respect to a subdivision shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision, and shall be calculated by first subtracting the acreage required for dedication pursuant to section 18.24.040 (or voluntarily offered for dedication pursuant to section 18.24.040(e)) from the parkland requirement for that subdivision and then multiplying the result of that calculation by a per acre land and improvement cost calculated pursuant to subsection (b) of this section.

(b)

The cost per acre of land and improvements for purposes of subsection (a) of this section shall be the per acre fair market value of buildable land in the subdivision, plus 60 percent of such value for the costs of site improvements of the type described in section 18.24.040(c).

(c)

For purposes of subsection (b) of this section, 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 no more than four months prior to the setting of the amount of the required fee. The city may choose to cause the preparation of the appraisal, in which case the subdivider will be liable to the city for the cost of the appraisal. For the purposes of this chapter, the determination of the fair market value shall exclude any land with a slope of ten percent or more, or on which building is excluded due to flood conditions, easements or other factors, and shall consider, but not necessarily be limited to, the following:

(1)

Approval of the conditions of the tentative subdivision map;

(2)

The general plan;

(3)

Zoning;

(4)

Property location;

(5)

Off-site improvements facilitating use of the property; and

(6)

Site characteristics of the property.

If the subdivider objects to the determined fair market value, he 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.

(d)

A credit against the fee required by this section may be given for dedications of park improvements constructed or provided at private expense and for the value of land dedicated to the city that is necessary or useful to a park improvement. Such credit will be granted only if, prior to dedication, the city council determines:

(1)

That the dedicated land or improvement is part of the "program" defined in section 120.40.020;

(2)

That the grant of the credit, in lieu of the fee, will not cause the city to delay the implementation of park improvements that are of higher priority, in the judgment of the city council, than the land or eligible facility to be dedicated. At the time the city council makes these determinations, it must also make a determination of the maximum credit that will be allowed for the dedication, which maximum credit shall not exceed the city council's reasonable estimate of the fair market value of the park improvement and/or land; and

(3)

The amount of any credit granted pursuant to this subsection (d) shall not exceed the lesser of:

a.

The actual documented construction costs for the dedicated improvement plus the value of any dedicated land as supported by a professional appraisal; or

b.

The maximum credit approved by the city council pursuant to this subsection. No credit shall be given pursuant to this subsection for any dedication required by section 18.24.040, as the value of such dedications is already reflected in the calculation made pursuant to subsection (d)(3)a of this section.

(Code 1969, § 18.24.050; Ord. No. 828, § 2(part), 2007)

(a)

If a subdivider is required by section 18.24.040 to dedicate land for park purposes then, in lieu of any credit available pursuant to section 18.24.050(d), and only to the extent required by Government Code § 66477, the subdivider may elect to have the value of park and recreational improvements provided by the subdivider to the dedicated land credited against the dedication requirement set forth in section 18.24.040(b).

(b)

Common interest developments, as defined in Civil Code § 1351, shall be eligible to receive a credit against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for

the value of private open space within the development which is usable for active recreational uses. For purposes of this subsection, open space shall be deemed useable for active recreational uses only if, in the judgment of the city council, that space meets all of the following criteria:

(1)

It is at least ten acres in size;

(2)

It will be open to residents of the subdivision for recreational use for no less than 16 hours per day; and

(3)

Either at least 70 percent of the area of the space is developed with basketball, soccer, baseball, volleyball, tennis, football or similar courts or fields or at least 80 percent of the area of the space consists of smooth grass spaces with a grade of not less than one percent and no more than 1½ percent that can be divided into rectangles each of no less than 79,200 square feet, with the shorter side of each rectangle being no less than 240 feet wide. The value of such private open space shall be determined by the city council, based upon a professional appraisal produced by an independent consultant selected by the city and paid for by the subdivider. Such appraisal shall take into account only the value of such open space in the marketplace if it were restricted to use as open space usable for active recreational uses and sold separately from the remainder of the subdivision. The valuation shall not take into account the amount the city (or any other public entity) might pay for such open space, unless, in the opinion of the city council, the city or another public entity has an established history or policy of purchasing open space in the city of similar size, configuration and use.

(c)

Where a credit granted pursuant to subsection (a) or (b) of this section is applied to a land dedication requirement, as opposed to a fee requirement, the dollar value of the park and recreational improvements (in the case of a credit pursuant to subsection (a) of this section) or private open space useable for active recreational uses (in the case of a credit pursuant to subsection (b) of this section) shall be converted to a number of acres of land (with site improvements) that need not be dedicated, using the same valuation methodology set forth in section 18.24.050(b).

(Code 1969, § 18.24.055; Ord. No. 828, § 2(part), 2007)

(a)

The city shall develop a schedule specifying how, when, and where it will use the land and fees accepted or collected pursuant to this chapter to develop park or recreational facilities to serve the residents of the subdivisions for which such dedications or payments have been made. Any fees collected shall be committed within five years after the payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they, 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 within the subdivision.

(b)

All fees collected shall be deposited into a subdivision park trust fund. Money in that fund, including accrued interest, shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities that serve the subdivision for which the fees were paid.

(c)

Land and improvements accepted by the city pursuant to this chapter shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities that serve the subdivisions for which the fees were paid.

(d)

There is no requirement that any park or recreational facility fully or partially provided pursuant to this chapter be accessible only to the residents of a specific subdivision, and all such parks and recreational facilities shall be open to the public in the manner specified by the city council and by city policy.

(e)

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 after 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.

(Code 1969, § 18.24.060; Ord. No. 828, § 2(part), 2007)

(a)

The fee required by this chapter with respect to development on any parcel shown on a subdivision map shall be payable when an application is submitted for the building permit for construction on that parcel. The amount of the fee with respect to the construction authorized by a building permit shall be calculated at the lower of the rate in effect at the time such building permit issues, or the highest rate permissible under state law.

(b)

A credit granted pursuant to section 18.24.050(d) shall be applied when the city accepts the land or improvement. If the city council has made the determinations required by section 18.24.050(d), payment of a portion of the required fee equal to the amount of an expected credit against the fee may be deferred to the date of approval of the final building inspection of the development, provided the owner of the real property for which the fee is required enters into a recordable agreement with the city prior to issuance of the building permit for the development, which shall constitute a lien on the property from the date of

recordation and shall be enforceable against successors in interest to the property owner. The agreement shall provide that approval of the final building inspection shall not be granted until the fee is paid or the credit issued. The agreement shall also provide that, in any action to collect the fee or any portion thereof, the city shall be entitled to all of its costs of enforcement and collection, including reasonable attorney's fees. The city manager may execute the agreement on behalf of the city in a form acceptable to the city attorney. Any deferral granted pursuant to this subsection shall be consistent with the requirements of Government Code § 66007.

(c)

During the initial period of implementation of the requirements of this chapter, each subdivider will be responsible for paying in-lieu fees in an amount that is less than the full amount that would otherwise be required by this section. Any fee levied pursuant to this chapter with respect to a building permit issued through July 31, 2008, shall be reduced (at the time it is paid or credited) to 33 percent of the amount that would otherwise be charged. Any payment or credit made with respect to a building permit issued from August 1, 2008, through July 31, 2009, shall be reduced to 66 percent of what would otherwise be charged. Beginning August 1, 2009, and thereafter, the fee shall be 100 percent.

(Code 1969, § 18.24.070; Ord. No. 828, § 2(part), 2007)

Any person, corporation, or other business entity violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with section 1.01.150. Notwithstanding the foregoing, the provisions of this chapter may also be enforced by legal or equitable action, or both such actions, all such remedies being cumulative.

(Code 1969, § 18.24.080; Ord. No. 828, § 2(part), 2007)