Daly City Municipal Code Ch. 16.30 Parkland Dedications

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state. 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 resource protection element of the Daly City general plan.

(Ord. 1165 § 2 (part), 1992)

At the time of approval of the tentative subdivision or parcel map, the city council shall determine pursuant to Section 16.30.040 the land required for dedication or in-lieu fee payment. As a condition of approval of a final subdivision or parcel map, determination shall be made whether the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for neighborhood and community park or recreational purposes at the time and according to the standards contained in this chapter.

(Ord. 1165 § 2 (part), 1992)

It is found and determined that the existing neighborhood and community parkland areas exceed three acres of property for each one thousand persons residing in the city and therefor the public interest, convenience, health, welfare and safety require a three-acre park standard for each one thousand additional population.

(Ord. 1165 § 2 (part), 1992)

A. Where the goals and policies of the resource management element of the general plan indicates the need for a park or recreation facility 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 that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following amount:

* Average person per household for city.

B. Dedication of the land shall be made in accordance with the procedures contained in Section 16.30.090 of this chapter;

C. For the purposes of this section, the number of new dwelling units shall be based upon the number of dwelling units indicated on the map when in an area zoned for one dwelling unit per parcel. 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 the area so zoned shall equal the maximum allowed under that zoning unless plans have been approved by the city council which show a different number. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term "new dwelling unit" does not include dwelling units lawfully remaining in place prior to the date on which the final tract or parcel map is filled; and

D. The subdivider shall, without credit:

1. Provide 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. These improvements shall be constructed in accordance with city standards,

2. Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land,

3. Provide improved drainage through the site, and

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

(Ord. 1165 § 2 (part), 1992)

A. General Formula for Fifty-One Parcels or More.

1. If the city council finds that the location of a park or recreation facility is not indicated by the goals and policies of the general plan 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 that land, plus ten percent toward costs of off-site improvements, prescribed for dedication in Section 16.30.040, and in an amount determined in accordance with the provisions of Section 16.30.040, such fee to be used for a local or community park which bears a reasonable relationship to serve the present and future residents of the area being subdivided.

2. For the purposes of this chapter, "off-site improvements" are defined as those improvements which would have been required if land had been dedicated using the provisions of Section 16.30.040.

B. Fees in Lieu of Land for Fifty Parcels or Less. If the proposed subdivision contains fifty parcels or less, the subdivider shall pay a fee equal to the land value, plus ten percent toward costs of off-site improvements, as prescribed in Section 16.30.040, and in an amount determined in accordance with the provisions of Section 16.30.060.

However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty parcels or less, where the subdivider proposes such dedication voluntarily and the land is accepted by the city council. If a developer or subdivider dedicates more land than is required pursuant to this chapter, the developer or subdivider shall not be given money or credit for the additional land.

C. Use of Money. The money collected hereunder shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivisions.

(Ord. 1165 § 2 (part), 1992)

A. When a fee is to be paid in lieu of land dedication, the value of the amount of such fee shall be based upon the fair market value (FMV) of the amount of land which would otherwise be required for dedication pursuant to Section 16.30.040 plus ten percent toward costs of off-site improvements. The value of the land shall be based on buildable area, excluding areas with physical constraints such as steep slopes. The fees shall be calculated as follows:

Formula for Computation of In-Lieu Fee

(Required Dedication) × FMV x 1.10 = In-Lieu Fee

B. This formula may be modified pursuant to the provisions of this chapter to reflect approved parkland dedication.

C. The fair market value (FMV) shall be as determined by the city at the time of the final subdivision or parcel map approval. If this subdivider objects to the fair market value determination, the subdivider may request the city to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the city and the subdivider, which appraisal will be considered by the city in determining the fair market value (FMV). All costs required to obtain such appraisal shall be borne by the subdivider.

(Ord. 1165 § 2 (part), 1992)

A. At the time of filing a tentative subdivision or parcel map, or planner development plan for approval, and as a part of filing the map, the developer of the property shall indicate whether he desires to dedicate property for park and recreational purposes, or pay a fee instead of dedication. If he desires to dedicate land, he shall designate the area on the tentative tract map.

B. At the time of approving the tentative subdivision or parcel map or development plan, the city council shall determine whether to require:

1. Dedication of land within the development;

2. Payment of a fee instead; or

3. A combination of both.

C. Whether the city requires land dedication or the payment of fee, or a combination of both, is determined by the following considerations:

1. The resource management element of the city's general plan;

2. Topography, geology, access and location of land in the development available for dedication;

3. Size and shape of the development and land available for dedication;

4. Potential use of adjacent land for extension of park and recreational purposes;

5. The feasibility of dedication; and

6. The location of existing and proposed park and recreation park sites.

D. The determination of the city council to require land dedication, payment of a fee, or a combination of both is final and conclusive. However, in a subdivision involving fifty lots or less, or a development containing fifty housing units or less, the city may require only the payment of a fee.

(Ord. 1165 § 2 (part), 1992)

No credit shall be given for private open space in the subdivision except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003.1 of the Business and Professions Code, partial credit, not to exceed fifty percent of the dedication requirement may be given toward the required land dedication or payment of fees in lieu thereof, if the city council finds that it is in the public interest to do so and that all the following standards are met:

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

B. Private park and recreation facilities shall be owned by a homeowners association:

1. Composed of all property owners in the subdivision,

2. Established as an incorporated nonprofit organization capable of dissolution only by a one hundred percent affirmative vote of the membership,

3. Operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and

4. Set up so as to subject each lot to a charge for a proportionate share of expenses for maintaining the facilities; and

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

D. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location, the usable space shall not have a finished slope of greater than three percent; and

E. Facilities proposed for the open space are in substantial accordance with the provisions of the resource protection element of the general plan; and

F. The open space for which credit is given is a minimum of six thousand contiguous square feet in area and includes a combination of the following local park elements, or a combination of these and other recreational improvements that will meet the specific recreational park needs of the future resident of the area:

Type of Open Space or Residential Area

1. Children's play apparatus area,

2. Landscaped park and quiet areas,

3. Family picnic area,

4. Game court area,

5. Turf playfield,

6. Swimming pool or hot tub,

7. Recreation center building.

Before credit is given, the city council shall make a finding that such credit is acceptable.

(Ord. 1165 § 2 (part), 1992)

A. At the time of approval of the tentative subdivision or parcel map, the city council shall determine pursuant to Section 16.30.040 the land required for dedication. If the city council requires in-lieu fee payment by the subdivider, the city council will set the amount of land upon which the in-lieu fee will be based.

B. At the time of the filing of the final subdivision or parcel map, the subdivider shall dedicate the land as required by the city council. Where the city council has determined that fees shall be paid in lieu of or in addition to the dedication of land, these fees shall be paid prior to the approval of any final map. The in-lieu fees shall be based on the land dedication requirements established at the time of tentative map approval using current land values at the time of approval of the final map as set forth in Section 16.30.060. Open space covenants for private park or recreation facilities shall be submitted to the city prior to approval of the final subdivision or parcel map and shall be recorded simultaneous with the map.

(Ord. 1165 § 2 (part), 1992)

At the time the city approves the final tract or development plan, the city council shall designate the time when the developer must begin development of the park and recreational facilities.

(Ord. 1165 § 2 (part), 1992)

A. The city may use the land and fees received under this chapter for the purpose of providing park and recreational facilities to serve the development for which received. The location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the development.

B. In addition, if the general plan or other specific area plan contemplates a more extensive neighborhood or community facility which would include within its service area the development from which land was dedicated or fees collected, then such land and fees may be utilized for the development of the regional park or recreational facility.

C. Any fees collected under this chapter 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 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. 1165 § 2 (part), 1992)

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 airspace in an existing apartment building when no new dwelling units are added.

(Ord. 1165 § 2 (part), 1992)

The city council in its discretion may grant a total or partial credit for the value of park and recreation improvements provided by the subdivider to dedicated land against the fees or dedication of land required by this chapter.

(Ord. 1165 § 2 (part), 1992)

All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street.

(Ord. 1165 § 2 (part), 1992)