Ceres Municipal Code Ch. 13 Park and Recreation Land

This chapter is enacted pursuant to the authority granted by the Subdivision Map Act and California Government Code section 66000 et seq. The park and recreational facilities for which dedication of land or payment of a fee is required by this chapter are in accordance with the general plan of the City.

(Ord. No. 2020-1058, § 3, 3-23-2020)

As a condition of approval of a tentative subdivision map or parcel map, including vesting map, the subdivider shall be required to dedicate land, pay a fee in lieu thereof, or both, at the option of the City, and pay a fee for improving the land for parks or recreational purposes according to the standards and formula contained in this chapter and the City of Ceres public facility fees program as adopted by the City Council. The provisions of this chapter do not apply to commercial or industrial subdivisions; nor do they 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. No. 2020-1058, § 3, 3-23-2020)

It is hereby found and determined that the public interest, convenience, health, welfare and safety require that four net acres of property for each 1,000 persons residing within the City be devoted to local recreation and park purposes. 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 pursuant to chapter 17 (commencing with section 40200) of part 2 of division 3 of title 4 of the California Government Code.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Where a community or neighborhood recreational or park facility, or both, has been designated in the general plan or in an applicable specific plan, 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 community or neighborhood recreation or park facility, or both, sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula. Where the City requires the dedication of land, the subdivider or owner shall dedicate land for local recreational or park facilities according to the formula:

D × F = A

in which:

D = the number of dwelling units

F = a "factor" herein described

A = the buildable acres to be dedicated.

A buildable acre is a typical acre of the subdivision, with a slope less than ten percent, and located in other than an area on which building is excluded because of flooding, public rights-of-way, easements, or other restrictions.

The factors for various residential dwelling types are constants which, when multiplied by the number of dwelling units permitted in the subject area, will produce four acres per 1,000 population. Unless the subdivider enters into an agreement with the City for a lower density, the number of dwelling units shall be calculated as follows:

A. When a rezoning application accompanies the tentative map, density shall be calculated according to the highest density of the zoning designation applied for;

B. When the tentative map is not accompanied by a rezoning application, density shall be calculated according to the highest density of the existing zoning designation or existing specific plan density designation, whichever allows the highest density; provided, however, that upon completion of build-out, if the actual number of dwelling units built is less than the highest density permitted in the applicable zone, then the subdivider may, within five years after payment of the fee, apply for a refund, without interest, of the difference between the fee actually paid and a fee calculated on the basis of the actual density.

The factors referred to above are as follows:

F1 = .0151 relating to one-family dwelling units

F2 = .0120 relating to two-family dwelling structures

F3 = .0169 relating to three- to ten-family dwelling structures

F11 = .0129 relating to eleven- plus family dwelling structures

FM = .0160 relating to mobile homes or other dwellings

The subdivider shall:

1. Provide full street improvements, including but not limited to curbs, gutters, street paving, traffic control devices, street lights, and sidewalks, to land which is dedicated pursuant to this section;

2. Provide for fencing meeting City requirements along the property line of that portion of the subdivision contiguous to the dedicated land;

3. Provide improved surface drainage from/through the site; and

4. Provide other improvements which the Council determines to be essential to the acceptance of the land for recreational purposes.

(Ord. No. 2020-1058, § 3, 3-23-2020)

A. If no community or neighborhood park or recreational facility is designated in the City general plan or in an applicable specific plan to be located in whole or in part within the proposed subdivision to serve the needs of the residents of the subdivision, or where the Council requires the payment of in-lieu fees, the subdivider shall, in lieu of dedication of land, pay a fee equal to the value of the land prescribed for dedication in section 17.13.040 and in an amount determined in accordance with the provisions of section 17.13.060, such fee to be used for recreational and park facilities which will serve the residents of the area being subdivided.

B. If the proposed subdivision contains 50 parcels or less, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in section 17.13.040, and in an amount determined in accordance with the provisions of section 17.13.060.

(Ord. No. 2020-1058, § 3, 3-23-2020)

When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value as described below, plus 20 percent for off-site improvements such as utility line extensions, curb, gutter and pavement and street lights.

A. The amount to be paid shall be a sum calculated pursuant to the following formula:

A × V = M

A = The amount of land required for dedication as determined in section 17.13.040.

V = Fair market value (per acre) of the property to be subdivided, as established by an appraisal.

M = The number of dollars to be paid in lieu of dedication of land, which includes 20% for off-site improvements.

B. For purposes of calculating the in-lieu fee under this section, the subdivider shall cause an appraisal of the property to be subdivided to be made. The appraisal shall be made at the subdivider's expense by an active MAI, SREA or SRPA member in good standing of the Appraisal Institute, or an active ASA (Urban Real Property) member in good standing of the American Society of Appraisers, and shall meet the standards observed by a competent member of the professional organization. The appraiser shall appraise the land at its unencumbered (free and clear) value, as if at the approved tentative map stage of development and as if any assessments or other encumbrances to which the property is subject had been paid off in full prior to the date of appraisal. The fair market value shall be for the gross tentative map area. Factors to be considered during the evaluation shall include the following:

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

2. The general plan;

3. Zoning and density;

4. Property location;

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

6. Site characteristics of the property;

7. Existing encumbrances (e.g., existing streets, canals) which have the effect of reducing usable gross tentative map area.

The appraisal shall value the property as of a date no earlier than 90 days prior to the recording of the final map, or the payment of the fee, whichever occurs later. The appraisal shall clearly state the fair market value (V) of the property in dollars per gross acre. Three copies of the appraisal shall be delivered to the Director for distribution. In lieu of an appraisal, the applicant may provide documentation of the actual cost to purchase said land if said purchase occurred within one year of the approval of the tentative map.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The City may offer to purchase any property needed to complete a park from a subdivider when the land made available for park and recreation purposes through dedication is less than that required to provide a complete park. The value of improvements required to develop the subdivision and entitlements shall be excluded when determining the cost of the land for purchase by the City.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Fees collected pursuant to this chapter shall be used and expended solely for the acquisition, improvement, and expansion of the public parks, playgrounds and recreational facilities reasonably related to serve the needs of the residents of the proposed subdivision. Said fees may also be used for the development of recreational areas and facilities on public school grounds or other public lands which provide a desirable recreational site and access to the public.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The City shall develop a schedule specifying how, when and where it will use the land dedicated or fees collected under this chapter, within five years after the payment of such fee or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. Any fee not committed to use in accordance with the schedule within five years 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. No. 2020-1058, § 3, 3-23-2020)

Whether the City 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. City general plan, including any identified/designated neighborhood and community parks in any master plan or specific plan;

B. Topography, geology, access and location of land in the subdivision available for dedication;

C. Size and shape of the subdivision and land available for dedication;

D. The feasibility of dedication;

E. Compatibility of dedication with the Ceres general plan;

F. Availability of previously acquired park property.

(Ord. No. 2020-1058, § 3, 3-23-2020)

A. The City may grant credits for privately owned and maintained open space or local recreation facilities, or both, in planned developments as defined in California Business & Professions Code section 11003, condominiums as defined in California Civil Code section 783, and other common interest developments. Such credit, if granted in acres, or comparable in-lieu fees, shall not exceed 25 percent of the dedication or fees, or both, otherwise required under this chapter, and shall be subtracted from the dedication or fees, or both, otherwise required under this chapter, provided:

1. Yards, court areas, setbacks, and other open space areas required to be maintained by this title and other regulations shall not be included in private open space and local recreation credit;

2. Provision is made by written agreement, recorded covenants running with the land, or other contractual instrument that the areas shall be adequately maintained;

3. The use of private open space or recreation facilities is limited to park and local recreation purposes and shall not be changed to another use without the express written consent of the Council;

4. That 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; and

5. That facilities proposed for the open space are in substantial accordance with the provisions of the general plan, including any master plan or specific plan, and are approved by the Planning Commission; and

6. That the open space for which credit is given is a minimum of one acre and provides the local park basic elements and other recreational improvements that will meet the specific recreation and/or park needs of the future residents of the area. Before credit is given, the Planning Commission shall make written findings that the above standards are met.

B. Land or facilities, or both, which may qualify for credit towards the land dedication or in-lieu fee, or both, will generally include the following types of open space or local recreational facilities; provided, however, that credit for each of the following categories shall not exceed five percent of the dedication or fees, or both, otherwise required under this chapter:

1. Open spaces, which are generally defined as parks, extensive areas with tree coverage, low land along streams or areas of rough terrain when such areas are extensive and have natural features worthy of scenic preservation, golf courses, or open areas on the site in excess of 20,000 square feet.

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, including decks, lawn area, bathhouse, or other facilities developed and used exclusively for swimming and diving.

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

5. Special areas, which are generally defined as areas of scenic or natural beauty, historic sites, hiking, riding or motorcycle/bicycle trails, including pedestrian walkways separated from public roads, improved access or right-of-way in excess of requirements, and similar type open space or recreational facilities which, in the sole judgment of the City of Ceres, qualify for a credit.

C. The Council shall grant credit for land dedicated or fees paid pursuant to this chapter, or both, under a previously approved final subdivision map or parcel map in the event a new map is submitted for approval. Such credit shall be subtracted from the dedication or fees required under this chapter, or both, for the new map; provided, that in no event shall the City be required to return any fees paid or any land dedicated as a condition of a previously approved final map pursuant to this section.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The categories for credit for private open space and facilities described in section 17.13.110 shall be given equal weight, each category not to exceed 20 percent of the total which may be granted by the City. The Council may, however, upon petition of the subdivider, grant additional credit for each of the above categories if there is substantial evidence that:

A. The open space or recreational facility is above average in aesthetic quality, arrangement or design;

B. The open space or recreational facility is clearly proportionately greater in amount or size than required by this title or usually provided in other similar types of development; or

C. The open space or recreational facility is situated so as to complement open space or local recreational facilities in other private or public developments.

(Ord. No. 2020-1058, § 3, 3-23-2020)

A. At the time of the hearing on the tentative subdivision map, the Commission shall recommend to the Council, after reviewing the report and recommendation from the Director, that land be dedicated or fees be paid, or both, by the subdivider for park or recreational purposes as a condition of approval of the subdivision map. The recommendation by the Director shall include the following where applicable:

1. The amount of land to be dedicated;

2. That a fee be charged in lieu of dedication;

3. That both dedication and a fee be required;

4. That a credit be given for private recreation facilities, unique natural and special features, or for any other reason provided in section 17.13.110.

5. The location of the park land to be dedicated;

6. The approximate time when development of the park or recreation facility shall be commenced.

B. At the time of its hearing on the tentative subdivision map, the Commission or Council shall determine the amount of land required to be dedicated under this chapter and section 17.13.040, whether or not a fee is to be charged in lieu of any or all of the required dedication, whether a credit is to be given for private recreation facilities, unique natural and special features, or for any other reason provided in section 17.13.110, and the location of the park land to be dedicated, if any. In making its determination, the Council shall be guided by the standards contained in this chapter where applicable.

C. At the time of the filing of a final subdivision or parcel map including the same amount of land as included in the applicable tentative map, the subdivider shall dedicate the land or pay the fees, as previously determined by the Commission or the Council. Open space covenants for private park or recreational facilities shall be submitted to the Council prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The provisions of this chapter shall not apply to subdivisions:

A. Not used for residential purposes; provided, however, that a condition shall be placed on the approval of such subdivision that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years of the filing of the map, the owner of each such parcel shall be required to pay an in-lieu fee pursuant to this chapter, calculated as of the date the building permit is issued, as a condition to the issuance of a building permit; a note to this effect shall be placed on the final map.

B. To permit separate ownership of two or more existing residential dwelling units when all such units are more than five years old and no new units are added.

(Ord. No. 2020-1058, § 3, 3-23-2020)

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

(Ord. No. 2020-1058, § 3, 3-23-2020)

If, during the ensuing time between dedication of land for park purposes and the commencement of development, circumstances arise which indicate that another site would be more suitable for park or recreational purposes serving the subdivision and the neighborhood (such as a gift of park land or change in school location) by mutual agreement of the subdivider or owner and the Council, the land may be sold upon the approval of the Council with the resultant funds being used for the purchase of a more suitable site.

(Ord. No. 2020-1058, § 3, 3-23-2020)

A. At the time of the filing of a final subdivision or parcel map including less land than was included in the tentative map, the Director shall recalculate the amount of land required to be dedicated in accordance with this chapter, based on the land included in the proposed final subdivision or parcel map.

B. If the approving authority determined at the hearing on the tentative map that the requirements of this chapter would be satisfied by the payment of a fee, or that land located within the proposed final subdivision or parcel map be dedicated, or both, and the amount of such land is equal to or smaller than the amount of land required to be dedicated pursuant to subsection A of this section, the subdivider shall dedicate the land or pay the fees, or both, at the time of filing the final subdivision or parcel map.

C. If the Council determined at the hearing on the tentative map that the requirements of this chapter would be satisfied by the dedication of land located outside the proposed final subdivision or parcel map or the amount of land required to be dedicated at the time of approving the tentative map exceeds the amount required to be dedicated pursuant to subsection A of this section, the Director shall recommend that the subdivider:

1. Dedicate full title to part of the park site; or

2. Dedicate as specified in subsection C.1 of this section and enter into an agreement with the City to reserve the undedicated portion; or

3. Solely pay in-lieu fees; and/or

4. Be granted credit(s) in accordance with section 17.13.110 and 17.13.120.

If the subdivider concurs with the recommendation of the Director, the subdivider shall dedicate the land, or pay the fees, or both, in accordance with the recommendation prior to filing the final subdivision or parcel map. Open space covenants for private park or recreational facilities shall be submitted to the Council prior to the approval of the final subdivision map or parcel map and shall be recorded at the same time as the final map.

If the subdivider objects to the recommendation of the Director, the Council shall determine at a public hearing the land to be dedicated, whether a fee is to be charged, and whether any credits shall be granted. Prior to filing the final subdivision or parcel map, the subdivider shall dedicate the land, or pay the fees, or both, as determined by the Council. Open space covenants for private park or recreational facilities shall be submitted to the Council prior to the approval of the final subdivision map or parcel map and shall be recorded at the same time as the final map.

D. Nothing in subsection C of this section shall be construed to:

1. Require the dedication of land located outside the proposed final subdivision or parcel map; or

2. Prohibit a subdivider from dedicating land in excess of the amount required to be dedicated pursuant to subsection A of this section.

(Ord. No. 2020-1058, § 3, 3-23-2020)