§ 20.24

This chapter is intended to assist the city to implement the adopted general plan as it pertains to providing parks and open space. This chapter is enacted pursuant to the authority granted by the Subdivision Map Act of the state of California.

(Ord. 1905 § 2(part), 1994).

(a)

"Apartment conversions" means any project involving the conversion of existing apartment units into stock cooperatives, condominiums or townhouses which consists of the subdivision of air space.

(b)

"Children's play apparatus area" means an area which encompasses children play facilities such as swings, slides, sandboxes, climbing structures and associated open areas.

(c)

"Dependent care facility" means a building or facility designed for the care of persons that require hospitalization, are not independently mobile and are unable to use park facilities unassisted. A convalescent hospital is an example of a dependent care facility.

(d)

"Developer" means any person, individual, owner or applicant that seeks to obtain building permits to construct added residential units on any parcel within the city.

(e)

"Developments" means building projects which include the construction of residential units for which building permits are required.

(f)

"Fair market value" means the monetary value of the land based on the sales price of comparable residential and commercial land, using accepted professional appraisal practices.

(g)

"Family picnic area" means an outdoor eating area which encompasses facilities such as barbecues, tables and benches, covered eating areas, and associated lawn and tree areas of sufficient size and distance from other activities to avoid conflicts between uses.

(h)

"Game court area" means an area consisting of built-in facilities on hardscape and landscape surfaces to accommodate activities or games, such as, lawn-bowling, basketball, shuffleboard, volleyball and

badminton.

(i)

"Improvements" means any and all improvements necessary to render a site functional for park purposes including irrigation systems, turfed areas, hardscape areas, plant materials, play apparatus, fencing, pedestrian and bicycle pathways, play surfaces such as basketball courts, tennis courts and other similar improvements, as deemed appropriate by the city.

(j)

"Junior accessory dwelling unit" means the same as "Junior accessory dwelling unit" as defined in Title 21 of this code.

(k)

"Landscape park-like and quiet areas" means landscaped areas typically consisting of turf and expansive trees of sufficient size and location to be reasonably isolated from the noise or activity of other areas of the development and adjacent uses.

(l)

"Legally constructed unit" means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the Uniform Building Code and for which building permits were issued, inspections conducted and approved and a final certificate of occupancy issued, in accordance with the building codes then in effect, and the ordinances of the city. Legally constructed units shall include those demolished units that met the above definition when constructed, provided they existed within two years of dedication of park land or payment of the park fee required under this chapter.

(m)

"Multi-family dwelling" means the same as "Multi-family dwelling" as defined in Title 21 of this code. For the purposes of this Chapter, any residential unit type not considered to be a Single-family dwelling or a Secondary living unit will be considered a Multi-family dwelling (i.e. "Duplex", "Triplex", "Fourplex", etc.)

(n)

"Non-residential building(s) or structures(s)" means any building or structure which is not used or intended to be used for residential occupancies as permitted by the Uniform Building Code and the residential zones of the city.

(o)

"Park land obligation" means the amount of land dedication or park fees in lieu thereof that is required by this chapter to serve the open space needs of the development project or subdivision.

(p)

"Primary dwelling unit" means the same as "Primary dwelling unit" as defined in Title 21 of this code.

(q)

"Recreation center building" means a building of sufficient size and a reasonably central location to residents of the development and which provides meeting rooms, activity rooms, and indoor active and passive recreation activities such as sitting or reading areas, pool tables, game rooms, and other similar facilities.

(r)

"Secondary living units" means accessory dwelling units and caretaker or employee housing units as so defined in Title 21 of this code.

(s)

"Specialized housing development" means any housing development which allows limited occupancies which have specialized open space needs that would not be adequately served by the open space amenities described in Section 20.24.110(b), with occupancy controlled via a covenant with the city named as a third party beneficiary. Examples of specialized housing developments could include senior or handicapped housing projects.

(t)

"Single-family dwelling" means the same as "Single-family dwellings" as defined in Title 21 of this code.

(u)

"Subdivider" means the same as set forth in California Government Code Section 66423 or its successor.

(v)

"Subdivision" means the same as set forth in California Government Code Section 66424 or its successor.

(w)

"Swim pool and adjacent areas" means a pool with dimensions of forty-two feet by seventy-five feet, with adjacent decks and fenced or enclosed areas, or such dimensions as determined by the city manager or his/her designee meet the recreation demands of the subdivision or development.

(x)

"Turf playfield" means an expansive and unobstructed lawn area of sufficient size to accommodate team play activities for such sports as football, soccer or baseball and which is landscaped around the perimeter with extensive trees and shrub materials to buffer the activities from adjacent residential units.

(Ord. 1905 § 2(part), 1994).

(Ord. No. 2252, § 19, 11-19-2019; Ord. No. 2254, § 8, 11-19-2019)

20.24.030 - Requirements.

(a)

Dedication or In-Lieu Fee Requirement. As a condition of approval of a tentative subdivision map or parcel map, or reinstatement or extension of a tentative 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 the establishment and rehabilitation of park and recreational facilities within the city at the time and according to the standards and formula contained in this chapter.

(b)

Exclusions. The provisions of this chapter are not applicable to subdivisions which involve the following land use types or categories:

(1)

Commercial or industrial land uses not involving any residential units, building(s) or structure(s);

(2)

Conversion of an apartment building to a stock cooperative, condominium or townhouse units, when no new dwelling units are added;

(3)

Dependent care facilities.

(Ord. 1905 § 2(part), 1994).

The public interest, convenience, health, welfare and safety require that three acres of property be devoted and developed for park and recreational purposes for each one thousand persons currently residing or who may in the future reside within the city, as determined in the open space element of the general plan of the city.

(Ord. 1905 § 2(part), 1994).

(Ord. No. 2254, § 9, 11-19-2019)

(a)

Dedication Requirement. The subdivider shall provide park lands and park improvements sufficient to serve the residents of the subdivision. The subdivider shall dedicate and improve three acres of park land for every one thousand persons projected to reside in the subdivision pursuant to this chapter.

(b)

Acreage Formula. The formula for determining the amount of acreage to be dedicated and improved for recreation purposes or the equivalent fee to be paid shall be as follows:

Number of × Average number of × 3 acres additional units persons per unit 1,000 population

Example of a six-lot single-family subdivision:

(c)

Subdivisions Allowing More Than One Unit Per Parcel. In the event that land is proposed for subdivision within a zoning district that allows more than one dwelling unit per parcel then the park land dedication formula shall be applied using the maximum number of units permitted by the zoning classification of the property, unless development on the land to be subdivided is constrained by a zoning restriction or development approval and the density limitation is reflected as a condition of approving the tentative and final map, in which case the number of units shall be that number set forth in the conditions of approval of the tentative map or other development approval.

(d)

Mixed Use Subdivisions. Subdivisions which allow residential units mixed on the same parcel with nonresidential units shall dedicate land and/or pay a fee based on the park acreage formula using the actual number of residential units and unit types.

(Ord. 1905 § 2(part), 1994).

(Ord. No. 2254, §§ 10, 11, 11-19-2019)

For purposes of the formulas set forth in this chapter, the number of people projected to occupy the subdivision and the resulting acreage requirement per dwelling unit, as established by the most recent available federal census, is as follows:

Acreage Requirements by Density

(Ord. 1905 § 2(part), 1994).

(Ord. No. 2254, § 12, 11-19-2019)

(a)

Recreational Facility Within the Subdivision. Where a park or recreational facility has been designated in the open space 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 need of the residents of the subdivision, the subdivider shall dedicate land for a park.

(b)

No Recreational Facility Within the Subdivision. If there is no park or recreational facility designated in the open space element of the general plan to be located in whole or part within the proposed subdivision, the city may either require dedication and improvement of land for park use and/or payment of a fee in lieu of dedicating land and providing improvements.

(c)

Subdivisions With Fifty Parcels or More. Where a proposed subdivision containing fifty parcels or more lies in an area not then included within the city's general plan for park or recreational use, the city shall determine whether to require dedication and improvement or a fee in lieu of dedication and improvement, in accordance with the criteria developed pursuant to the implementation measures set forth in the open space element of the general plan.

(d)

Subdivisions With Fifty Parcels or Less. Not-withstanding anything contained herein to the contrary, only the payment of fees shall be required in subdivisions containing fifty parcels or less, rather than dedication of land and provisions of improvements in accordance with the provisions of Section 20.24.080; provided, however, that when a condominium project, stock cooperative or community apartment project exceeds fifty dwelling units, dedication of land and provisions of improvements may be required when the number of parcels is fifty or less, in accordance with the criteria of subsections (a), (b) and (e) of this section.

(e)

No Criteria or Sites Within Open Space Element. If no criteria or specific sites for parks have been identified in the open space element of the city's general plan, the city council shall determine whether to require dedication of land, or payment of an in-lieu fee based on the following factors:

(1)

The appropriateness of the topography, geology, access and location for park or recreational use;

(2)

The size and shape of the subdivision and whether land available for dedication is suitable for park or recreational use;

(3)

The availability of existing or previously acquired park property to serve the area where the subdivision is located;

(4)

The availability of other nearby or adjoining property for consolidation as park land.

(f)

Land Dedication Satisfying the Requirement. If unimproved land is dedicated in lieu of providing the park improvements required by this chapter, the subdivider shall dedicate sufficient additional land of equivalent value to the value of the improvements that would otherwise have been required, or pay an equivalent fee, at the discretion of the city council.

(g)

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

(Ord. 1905 § 2(part), 1994).

Where a fee is required to be paid in whole or in part for park purposes, the amount of such fee shall be computed as follows:

(a)

The city council shall set the fees by resolution, in accordance with the terms of this section.

(b)

Amount of Fee. The amount of the fee shall be no greater than the fair market value of commercial and residential land within the city on a per acre basis, multiplied times the acreage of land required to be dedicated pursuant to this chapter, plus the total cost of improvements necessary to develop such property for park and recreation purposes.

(c)

Determining Fair Market Value. The city manager or his/her designee shall determine the fair market value of residential land, as defined in Section 20.24.020(f) of this chapter, on a per acre basis and the cost of park improvements in the city, and this determination shall be used in determining the maximum amount of the fee.

(d)

Partial In-Lieu Fee Payment. Payment of an in-lieu fee shall be required for any subdivision that does not dedicate and improve sufficient land to satisfy the requirements of Section 20.24.050 of this chapter. The difference between the dedication standard and the amount of land dedicated shall be paid as an in-lieu fee, as defined in this chapter. When a full or partial fee is required, the park acreage standard not satisfied by land dedication shall be multiplied times the cost of land and improvements to determine the amount of the fee.

(e)

Secondary living units. The in-lieu fee for secondary living units shall be calculated in accordance with State law.

(f)

Junior accessory dwelling units. Junior accessory dwelling units shall be exempt from the payment of inlieu fees.

(Ord. 2058 § 1(part), 2005: Ord. 1905 § 2(part), 1994).

(Ord. No. 2254, §§ 13, 14, 11-19-2019)

Any new subdivision of property for residential purposes shall dedicate the land or pay the fee prior to recordation of the final subdivision map. The amount of the dedication or fee obligation shall be calculated in accordance with the "number of persons per unit" in effect at the time that land is dedicated to the city or the fee payment is received by the city.

(Ord. 1905 § 2(part), 1994).

The revenue raised by payment of the fees or dedication of land imposed by this chapter shall be used to provide the parks and park improvements specified in the general plan.

(a)

Use of Money. The money collected under this chapter shall be placed in a special revenue fund which is created and which shall be known as the park dedication in-lieu fund. Moneys within this fund shall be used and expended solely for the acquisition, improvement, expansion or implementation of parks and recreational facilities of the city.

(b)

Use of Dedicated Land. Land dedicated pursuant to this chapter shall be used to provide the parks and park improvements specified in the general plan of the city.

(Ord. 1905 § 2(part), 1994).

Credits against the park land dedication requirements shall be granted for the following:

(a)

Previous Dedications and Existing Legally Constructed Units.

(1)

Any dedications or payments of fees previously made to the city for park and recreation purposes under this chapter, for any existing legal lot of record within the proposed subdivision shall be credited against any dedication or fee imposed on the subdivision under this chapter.

(2)

Existing legally constructed units within the proposed subdivision shall be counted as a credit against the fee or dedication requirements applicable to developments at the density rate of the existing dwellings, up to a maximum of one hundred percent of the park land obligation.

(b)

Private Open Space. Partial credits of up to fifty percent of the park land obligation shall be granted for subdivisions and developments which provide open space which is privately owned and maintained and which meet all of the following requirements:

(1)

Yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

(2)

Private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions;

(3)

Use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without consent of the city or its successor;

(4)

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

(5)

The facilities proposed for the open space are in substantial accordance with the provisions of the open space element of the general plan; and

(6)

That the open space for which credit is given provides a minimum of five of the local park basic elements listed below:

The city council may grant park credit for a combination of the above elements and other recreational improvements that will meet the specific recreation or park needs of the future residents of a specialized housing development determined to be of an equivalent land area and improvement value.

(c)

Public Open Space. Partial credits of up to fifty percent of the park land obligation (based on the amount of public open space provided and credited at a one-to-one ratio against the park land obligation), shall be granted for subdivisions and developments which provide open space which is privately owned, insured, developed, and maintained, but publicly accessible, and which meet all the following requirements:

(1)

Design and Size. Any public open space area seeking partial credits under this section shall meet the definition of "Large Site Open Space, Public" and requirements of Chapter 8 (Specific to Large Sites) of the Multi-Family Development and Design Standards as established by Chapter 21.07 (Housing Development Regulations) of the Campbell Municipal Code.

(2)

Covenant. A covenant, providing for permanent public access and use, shall be recorded against the designated publicly accessible open space area as well as any associated areas necessary to provide public access to the satisfaction of the Public Works Director and City Attorney.

(d)

Written Findings. Before credit is given the city manager or designee, or city council, shall make written findings that the above standards are met.

(Ord. 1905 § 2(part), 1994).

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The subdivider or developer of a project subject to a dedication or fee pursuant to this chapter may appeal to the city council for a reduction or adjustment to that requirement, or a waiver based on the following:

(a)

Affordable Housing. The city council may grant a full or partial waiver of the fee or dedication requirements of this chapter whenever the city council finds that such waiver would advance the provisions of affordable housing identified as necessary under the housing element of the city's general plan or pursuant to Section 21.62.040 (Density bonus provisions) of this code, provided such waivers do not significantly impair the city's ability to meet the goals identified in the open space element of the general plan.

(b)

Additional Grounds for Waiver or Reduction. The subdivider or developer of a project subject to a dedication or fee pursuant to this chapter may appeal to the city council for a reduction or adjustment to that requirement, or a waiver on any of the following grounds:

(1)

The amount or location of the land to be dedicated does not bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision or development;

(2)

The fees to be paid do not bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision or development;

(3)

The determination of the fair market value of commercial or residential property or recreational facilities in the city by the city manager or his/her designee is unreasonable, as applied to the applicant's development or property;

(4)

The credits provided in Section 20.24.110 have not been applied as provided therein.

(c)

Waivers are Cumulative. The waivers provided herein are cumulative, and do not supersede or supplant one another, provided however that the total of such credits, waivers and exemptions shall not exceed the fee or dedication required by this chapter.

(d)

Timing of Request for Waiver or Appeal. The request for waiver or appeal shall be made in writing to the city clerk not later than ten days after approval of a tentative subdivision map or if no tentative map is required, then from the time of the filing of a request for approval of a final subdivision map. The written request for waiver or appeal shall state in detail the factual basis for the claim of waiver or reduction.

(e)

Appeal or Waiver Hearing. The city council shall consider the application for waiver or appeal at a hearing held within sixty days after the filing of a written request. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in use or number of parcels within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. 1905 § 2(part), 1994).

The city shall annually develop a schedule specifying how and when it will use the land or fees or both to develop park or recreational facilities. Said schedule may consist of the city's capital improvement program and/or operating budget. Any fees collected under the requirements of Section 20.24.080 shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such 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.

(Ord. 1905 § 2(part), 1994).

The provisions of this chapter do not apply to condominium projects or stock cooperatives which consist of the subdivision of air-space in an existing apartment building which is more than five years old, when no new dwelling units are added.

(Ord. 1905 § 2(part), 1994).

The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety, and welfare.

(Ord. 1905 § 2(part), 1994).

If any provision of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

(Ord. 1905 § 2(part), 1994).

Chapter 20.28 - FILING OF TENTATIVE MAPS