§ 16.12

A.

General. This section is enacted pursuant to the authority granted by the Subdivision Map Act of the state of California. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the open space/conservation element of the general plan of the city adopted by the City of Clayton on July 17, 1985 and any amendments thereto.

B.

Requirements.

1.

Subdivision. As a condition of approval of a final 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 park or recreational purposes at the time and according to the standards and formula contained in this chapter.

2.

Single parcel development. The requirements of this chapter shall also apply to the development of a single parcel. As a condition of approval of any permit to build a principal residential structure, including but not limited to, a multiple family structure or mobile home park, an owner shall dedicate land, pay a fee in lieu thereof, or do a combination of both, for park or recreational purposes, in accordance with the same standards as if a subdivision or parcel map were required.

C.

General standard. It is found and determined that the public interest, convenience, health, welfare and safety require that five (5) acres of property for each one thousand (1,000) persons residing within the city be devoted to local park and recreational purposes.

D.

Standards and formula for dedication of land. Where a park or recreational facility has been designated in the city's recreation, parks and open space element of the general plan, or any amendments thereof 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 local park 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:

The formula for determining acreage to be dedicated shall be as follows:

Average No. of Persons/Unit - 1000 Population Park Acreage Standard (5Ac)

(Example for single family DU: 3.3 - 1,000 = .165 ac./Du)

The following table based on the above formula:

E.

Formula for fees in lieu of land dedication.

1.

General Formula. If there is no park or recreational facility designated in the city's recreation, parks and open space element of its general plan and amendments thereto, 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, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in subsection D. of this section, and in an amount determined in accordance with the provisions of subsection G. of this section, such fee to be used for recreational land which will serve the residents of the area being subdivided

2.

Fees in lieu of land—Fifty (50) parcels or less. If the proposed subdivision contains fifty (50) parcels or less, or a development contains fifty (50) dwelling units or less, the subdivider or owner 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 or development, as prescribed in this Chapter 16.12, and in an amount deter-mined in accordance with the provisions of said chapter.

3.

Use of money. The money collected under this chapter shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision or development by way of the purchase of necessary land or, if the planning commission deems that there is sufficient land available for the subdivision or development, for improving of such land for park and recreational purposes. In addition, if the general plan or other specific area plan contemplates a more extensive neighbor-hood or community facility which would include within its service area the subdivision or development from which land was dedicated or fees collected, then such land and fees may be utilized for the development of a more regional park or recreational facility.

F.

Criteria for requiring both dedication and fee. In Subdivisions of over fifty (50) lots or developments containing more than fifty (50) dwelling units, the subdivider or owner shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

1.

When only a portion of the land to be subdivided is proposed in the city's recreation, parks and open space element of the general plan as the side for local park, such portion shall be dedicated for local park purposes, and a fee computed pursuant to the provisions of this Chapter 16.12 shall be paid for any additional land that would have been required to be dedicated pursuant to the provisions of said Chapter 16.12.

2.

When a major part of the local park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision or development to complete the site, such remaining portion shall be dedicated, and a fee computed pursuant to the provisions of this chapter shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to this chapter, such fees to be used for the improvement of the existing park or for the improvement of other local parks and recreational facilities in the area serving the subdivision or development.

G.

Amount of fee in lieu of land dedication. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section D. hereof. The fee shall be paid pursuant to the provisions contained in Subdivision K. hereof. The "fair market value": shall be one hundred ten thousand dollars ($110,000.00) per acre, as of January 1, 1987. This "fair market value" shall be adjusted annually on January 1st, to reflect the changes that occurred in the Consumer Price Index over the previous twelve (12) months.

H.

Subdivisions or developments not within General Plan. Where the proposed subdivision or development lies within an area not then but to be included within the city's general plan, the subdivider or owner shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the city's general plan and in accordance with the provisions of this chapter.

I.

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, shall be determined by consideration of the following:

1.

Recreational element of the city's general plan;

Topography, geology, access and location of land in the subdivision or development available for dedication;

3.

Size and shape of the subdivision or development and land available for dedication;

4.

Feasibility of dedication;

5.

Compatibility of dedication with the city's recreation, park and open space element of the general plan; and

6.

Availability of previously acquired park property.

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.

J.

Credit for private recreation of open space.

Partial Credit. Where private open space for park and recreational purposes is provided in a proposed development and such space is to be privately owned and maintained by the future residents of the development, partial credit, not to exceed fifty percent (50%) may be given against the requirement of land dedication or payment of fees in lieu thereof if the Planning Commission finds that it is in the public interest to do so and that all the following standards are met:

1.

That 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.

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

3.

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

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

5.

That facilities proposed for the open space are in substantial accordance with the provisions of the parks, recreation and open space element of the general plan; and

6.

That the open space for which credit is given is a minimum of three (3) acres and provides a minimum of three (3) of the local park basic elements listed below or a combination of such and other recreational improvements that will meet the specific recreation 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.

K.

Procedure. At the time of approval of the tentative subdivision map or site plan where no subdivision map is required, the planning commission shall determine, after a report and recommendation from the planning staff, the land to be dedicated and/or fees to be paid by the subdivider or owner, the recommendations shall include the following:

1.

The amount of land required; or

2.

That a fee be charged in lieu of land; or

That land and a fee be required; and/or

4.

That a stated amount of credit be given for private recreation facilities or unique natural and special features, etc.;

5.

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

6.

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

This recommendation shall be reviewed by the planning commission for concurrence. If concurrence is not obtained, this matter will be forwarded to the city council for final determination. In making its determination, the council shall be guided by the same standards contained in this chapter where applicable.

At the time of the filing of the final subdivision map, the subdivider shall dedicate the land and/or pay the fees previously determined by the city, except where no such map is required, the dedication and/or payment of fees shall be made concurrently with application for building permit. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final subdivision map and shall be recorded contemporaneously with the final subdivision map, except where no such map is required, such covenants shall be submitted prior to approval of the site plan and shall be recorded as required by the planning staff.

L.

Commencement of Development. At the time of approval of the tentative subdivision map or site plan, the city shall specify when development of the park or recreational facilities shall be commenced.

M.

Industrial Subdivisions. The provisions of this chapter shall not apply to industrial subdivisions nor to those projects or developments specifically exempted by Government Code Section 66477.

N.

Development Agreements. Any provision of this Chapter may be superseded by a development agreement approved by the City Council for a specific project.

(Ord. 235, 1987)

A.

General. As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate and/or pay fees for interim school facilities as required by Chapter 10.30 of this code.

(Ord. 235, 1987)

Where a park, recreational facility, fire station, library or other public use is shown on an adopted specific plan or adopted general plan containing a communities facilities element, recreation and parks element and/or public building element, the subdivider may be required by the city to reserve sites as determined by the city in accordance with the plan. The reserved area must be of such size and shape as to permit the balance and of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land held by the subdivider shall not make development of the remaining land economically infeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of street and parcels as to permit an efficient division of the dedicated area not withstanding the provisions of the Subdivision Map Act.

(Ord. 235, 1987)

The city may require as a condition of approval of an subdivision the waiver of direct access rights to proposed or existing streets from any property within the subdivision and abutting thereon. Any such waiver shall become effective in accordance with its provisions and shall be contained in the owner's certificate of final map or parcel map.

(Ord. 235, 1987)

Chapter 16.14 - IMPROVEMENT SECURITY

Sections: