§ 17.50

This chapter establishes standards for subdivider dedications of land or payment of fees in lieu thereof, in conjunction with subdivision approval.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.50.020 - Applicability.

A.

Compliance Required. All proposed subdivisions shall comply with the requirements of this chapter for dedications, reservations or the payment of in-lieu fees.

B.

Conditions of Approval. The requirements of this chapter as they apply to a specific subdivision shall each be described in conditions of approval adopted by the review authority for the tentative map.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.50.030 - Park land dedications and fees.

A.

Purpose. This section provides for the dedication of land and/or the payment of fees to the city for park and recreational purposes as a condition of the approval of a tentative map, in compliance with the General Plan. This section is enacted as authorized by the provisions Government Code Section 66477 also known as the "Quimby Act."

B.

Applicability.

1.

Land Dedication and/or Fee Payment Required. As a condition of tentative map approval, the subdivider shall dedicate land and/or pay a fee in compliance with this section for the purpose of developing new or rehabilitating existing park or recreation facilities. Only the payment of a fee shall be required in compliance with subsection (E) of this section, for subdivisions proposing less than fifty (50) parcels.

2.

Value to Include Street Improvements. The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of park and recreational facilities by the future inhabitants of the subdivision; therefore, the land dedication or fee in lieu of land calculated in compliance with this section shall also include full street improvements, either dedicated or to be maintained by a property owner for an equivalent amount of land.

3.

Exemptions. The provisions of this section do not apply to:

a.

Nonresidential subdivisions proposing less than five parcels, provided that a condition shall be placed on the approval of the parcel map that if a building permit is requested for the construction of any residential structure on one or more of the parcels within four years, the fee shall be paid by the owner of each parcel as a condition of building permit issuance;

b.

Commercial or industrial subdivisions;

c.

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; or

d.

Any other subdivisions exempted by Map Act Section 66477.

C.

Standards for Determinations. The amount of land or fees paid shall be based on the residential density, which shall be determined based on the approved or conditionally approved tentative map.

1.

There shall be a rebuttable presumption that the average number of persons per household by units in a structure is the same as that disclosed by the most recent available Federal census or a census taken in compliance with Government Code Sections 40200 et seq.

Subdividers may offer evidence of the actual population densities of a proposed project for determination by the council. The council shall consider the evidence submitted and if it finds that the actual population density will differ from the presumed density, the council shall use the actual density to calculate the required land or in-lieu fee. The population density shall be for, but not limited to the persons for unit for:

a.

Single-family dwellings;

b.

Multifamily dwellings;

c.

Mobilehomes within mobilehome parks; and

d.

City approved senior citizen residential housing units.

D.

Amount of Land to be Dedicated. The area of land required to be dedicated by a residential subdivider for park and recreational purposes shall be equivalent to a ratio of three acres of usable park land per one thousand (1,000) residents.

The determination of area required for dedication shall be based upon the number of approved dwelling units in the subdivision and the average number of persons per household, using the following formula.

A = .003 x UP

Where:

A = Amount of park land required, in acres.

U = Total number of approved dwelling units in the subdivision.

P = Population density per dwelling unit.

.003 = 3 acres of park land per 1,000 population.

E.

Formula for Fees in Lieu of Land. If the entire park land obligation for a proposed residential subdivision is not satisfied by dedication in compliance with subsection (D) of this section, the subdivider shall pay to the city a fee in lieu of dedication, as a condition of tentative map approval. The fee shall equal:

1.

The park land obligation in acres derived from the formula in subsection (D) of this section, less the acreage of park land, if any, offered for dedication by the subdivider, times the per acre fair market value of the unimproved land within the subdivision; plus

2.

The value of street improvements for the park land, calculated as the number of acres determined by subsection (D) of this section, times the fair market value per acre of the actual cost per acre for the full street improvements of the subdivision for which the fee is calculated.

F.

Determination of Fair Market Value. For purposes of determining the required fee in lieu of land in compliance with subsection (E) of this section, fair market value shall be determined in compliance with the following requirements:

1.

Methods of Determination. The fair market value of the unimproved land for subdivision shall be established by one or a combination of the following methods:

a.

The fair market value can be determined through the use of accepted assessment practices and may be based on the current assessed value, with adjustments, if necessary, to reflect current fair market value in compliance with the standards and practices established by the county assessor.

b.

If the city or subdivider objects to the valuation, either party at the subdivider's expense, may employ a recognized, qualified certified neutral real estate appraiser to obtain an appraisal of the property. The city or its designated representative shall be provided with a certified copy of the appraisal report in order to calculate and substantiate the in-lieu fee.

c.

The city and the subdivider may agree to a fair market value through the use of a certified copy of the current escrow instructions establishing full purchase value, comparable sales records, or other mutually acceptable procedures or methods.

2.

Time Limit for Determination. A land evaluation or appraisal shall be determined a minimum of ninety (90) days prior to map recordation. Written notice of the proposed valuation shall be provided by first class mail, postage prepaid, to the subdivider along with the city's calculation in compliance with this section. The notice shall be deemed served upon its deposit in the United States mail.

3.

Objections to Valuation. The subdivider may object to the assessed valuation and resulting fee within thirty (30) days of service of the valuation notice. The objection shall be in writing and presented to the city manager by mail, or in person. The council may object within thirty (30) days of service of the valuation notice by a resolution adopted by a majority of its members. If no objections are made within thirty (30) days, all objections to the proposed value for use in calculating the inlieu fees are deemed waived.

G.

Criteria for Requiring Dedication and/or Fees. In subdivisions of over fifty (50) lots, the city may require the subdivider to dedicate both land and pay a fee, as follows:

1.

Determination of Land or Fee. Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, the amount shall be determined by consideration of the following:

a.

The General Plan, Parks and Recreation Master Plan and any applicable specific plans, and the compatibility of dedication with those plans;

b.

Topography, geology, access, size, shape and the location of land available for dedication;

c.

Feasibility of dedication; and

d.

Availability of previously acquired park property.

2.

Fees Only. Only the payment of fees shall be required in subdivisions of fifty (50) parcels or less; except that when a condominium project, stock cooperative, or community apartment project exceeds fifty (50) dwelling units, land dedication may be required regardless of the fact that the total number of parcels may be less than fifty (50).

3.

Procedure for Determining Land or Fee. The council, upon recommendation of the director, shall determine whether the subdivider shall dedicate land, pay in-lieu fees, or provide a combination of both, at the time of tentative map approval. The recommendations and the action of the review authority shall consider the factors in subsection (G)(1) above, and shall include the following:

a.

The amount of land required;

b.

Whether a fee shall be charged in lieu of land;

c.

Whether land and a fee shall be required, and/or that a stated amount of credit be given for private recreation facilities;

d.

The location and suitability of the park land to be dedicated or use of in-lieu fees; and

e.

The approximate time when development of the park or recreation facility shall commence.

The determination of the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

4.

Formula for Land and Fees. When both land dedication and fee payment are required or proposed, they shall be negotiated with the council and shall be calculated based on the number of acres determined in compliance with subsection (D) of this section, times the value for land and full street improvements per acre.

5.

Credit for Improvements. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land.

6.

Credit for Private Recreation or Open Space. Where a substantial private park and recreational area is provided in a proposed subdivision (including planned developments, stock cooperatives, community apartment projects and condominiums) that will be privately owned and maintained by the future residents of the subdivision, credit may be given toward the requirement of land dedication or payment of fees in lieu thereof as the council determines is appropriate. The council's determination shall be based on the recommendations of the director who shall consider the formula in the city's guidelines for determining allowed Quimby credit as well as factors in subsection (G)(1) of this section and subsections (G)(6)(a) through (G)(6)(f) of this section. In addition, before determining to grant credit, the council shall find all of the following:

a.

Yards, court areas, setbacks and other open areas required to be maintained by Titles 15 and 17 of the Municipal Code are not included in the computation of the private open space;

b.

The private ownership and maintenance of the open space in the future is adequately secured and contained in recorded written agreements, conveyances, covenants, conditions, or restrictions;

c.

The use of the private open space is restricted for park and recreational purposes by recorded covenants, conditions, or restrictions, which run with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city;

d.

The proposed private open space is usable for active recreation;

e.

The proposed private open space is open to all subdivision property owners and residents therein; and

f.

Facilities proposed for the open space are in substantial compliance with the provisions of the General Plan and Master Plan of Parks.

H.

Suitability of Land to be Dedicated. Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use.

1.

Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall be discounted when calculating the area of the park site provided in compliance with this section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline.

2.

Land intended for other than trail use shall have a maximum slope of three percent. If necessary, the site shall be graded by the subdivider to achieve this slope, in compliance with plans approved by the city. Land which has an average slope of more than three percent may be credited against the park dedication requirement where the review authority determines that special circumstances exist which would make the acceptance of the land in the public interest. The amount of credit against the park obligation in these cases shall be calculated as shown in Table 4-1. Greater credit for sites in excess of three percent

slope may be granted where the review authority determines that a site contains an exceptional visual, biotic or other natural resource.

3.

If the council determines that any of the land proposed to be dedicated is not suitable for park use or open space purposes, it may reject all or any portion of the land offered, and in that event the subdivider shall instead pay a fee in compliance with subsection (E) of this section.

I.

Conveyance of Land—Payment of Fees.

1.

Real property being dedicated for park purposes shall be conveyed by grant deed in fee simple to the city by the subdivider, free and clear of all encumbrances except those which, in the opinion of the city attorney, will not interfere with use of the property for park and recreational purposes, and which the city agrees to accept. Required deeds for the dedication of land and/or the amount of required fees, including any fees required by this section pursuant to the Quimby Act, shall be deposited with the city at the time of submittal of a parcel or final map. The deeds and/or fees shall be held by the city until the map is recorded, withdrawn by the subdivider, or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land, and title insurance in favor of the city in an amount equal to the value of the land.

2.

If subdivider is only required to pay fees, these fees shall be paid no later than at the time of final map recordation.

J.

Use of Collected Fees. Fees collected in compliance with this section shall be used only for either acquiring land or developing new or rehabilitating existing park or recreational facilities reasonably related to serving the proposed subdivision.

1.

The council, considering any recommendations from the director, shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to provide park or recreational facilities to serve the residents of the subdivision.

2.

Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they 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.

K.

Supplemental Regulations. The council may, by resolution adopted after a noticed public hearing, and upon the recommendation of the director, adopt regulations to further define administration, procedures, interpretations, and policies considered necessary or desirable to carry out the requirements of this section.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Offers of Dedication Required. As a condition of tentative map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the review authority to be needed for public and private streets and alleys, including access rights and abutters' rights; drainage; public and private greenways; scenic easements, public utility easements; and any other necessary public and private easements.

B.

Improvements. The subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights; and drainage, public utility and other public easements in accordance with design and improvement standards within this chapter or as may be adopted by resolution of the council.

C.

Rights-of-Way—Generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a city-maintained road of insufficient width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility. Dedications on remainder parcels that are not at the smallest lot area allowed under present zoning will not be required unless necessary for orderly development of the area or public health and safety.

D.

Bicycle Paths. If the subdivision, as shown on the final map, contains two hundred (200) or more parcels, any subdivider who is required to dedicate roadways to the public, shall dedicate additional land for bicycle paths for the use and safety of the residents of the subdivision.

E.

Transit Facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if:

1.

The subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if developed to the maximum density shown in the General Plan; and

2.

The review authority finds that transit services are or will, within a reasonable time period, be available to the subdivision.

F.

Alternative Transportation Systems. Whenever the subdivision falls within an area designated for the development of bikeways, hiking or equestrian trails in the General Plan, Parks and Recreation or Bikeways Master Plan, applicable specific plan, or implementing legislation, the subdivider shall dedicate land as is necessary and feasible to provide for these ways.

(Ord. No. 2010-265, § 3, 1-27-2010)

Article V. - Land Use and Development Permits Chapter 17.60 - APPLICATION FILING AND PROCESSING