Delano Municipal Code Ch. 16.34 Dedication of Land, Payment of Fees, or Both for Park and Recreational…

Footnotes:

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Prior ordinance history: Ords. 1094, 1095 and 1115.

A. The ordinance codified in this chapter is adopted pursuant to California Government Code Section 66477 and governed thereby by the general police powers of the city, for the purpose of executing and implementing the general plan of the City of Delano. It is the purpose of this chapter to provide for: (1) the acquisition of park land for neighborhood and community parks and recreational facilities through dedication of land or payment of fees in lieu thereof; and (2) the development of park and recreation facilities by the imposition of fees in connection with the development of new dwelling units.

B. In addition to the fee authorized by this chapter, the city council may authorize a separate fee for development of parks, known as a park development fee. Such park development fee shall be collected in addition to the fee(s) of this chapter.

C. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter.

"Developer" means and includes every person, firm, entity or corporation constructing a new dwelling unit, directly or through the services of any employee, agent, independent contractor, or otherwise.

"New dwelling unit" means and includes each structure of permanent character, placed in a permanent location, which is planned, designed or used for residential occupancy, including, but not limited to, one-family, two-family and multifamily dwellings, apartment houses and complexes, mobile home spaces, and single-occupancy units, but not including hotels, motels and boardinghouses for transient guests.

"Subdivision" means and includes any type of construction, land division or improvement of land which provides for dwelling units identified under the provisions of Section 66424 of the California Government Code. "Subdivision" shall also include any increase in the number of mobile home spaces.

(Ord. 1144 §2(part), 2006).

As a condition of approval of a tentative map or parcel map, rezoning, issuance of a building permit, or other discretionary action granting approval for the development of one or more dwelling units, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, except as set forth in Government Code Section 66477(g), for neighborhood or community parks or recreational purposes at the time and according to the standards and formulas contained in this chapter. In the event park and recreational services and facilities are provided by a public agency other than the city or a special district, the amount and location of land to be dedicated or fees to be paid shall be jointly determined by the city having such jurisdiction and such public agency.

(Ord. 1144 §2(part), 2006).

It is found and determined that the public interest, convenience, health, welfare, and safety require that three acres of property for each one thousand persons residing within this city be devoted to local recreation and park purposes. Such requirements will be satisfied by a combination of: (1) park land and park development dedications pursuant to this chapter; (2) usable open space, acceptable in accordance with Section 16.34.040. The adopted parkland and park development dedication standard shall reflect the ratio of parkland to residents, as set forth in California Government Code Section 66477.

(Ord. 1144 §2(part), 2006).

Where a park or recreation facility has been designated in the general plan of the city, and is to be located in whole or in part within the proposed subdivision for the purpose of serving the immediate and future needs of the residents of the subdivision, the developer 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 formula:

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

Example for single-family dwelling unit (DU):

The following table of population density has been established pursuant to Section 66477(b) of the Government Code:

Park Land Dedication Formula Table

Dedication of the land shall be made in accordance with the procedures contained in Section 16.34.110 of this chapter.

For the purpose of this section, the number of dwelling units shall be based upon the number of parcels 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 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 zone, including any applicable density increases. 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 in place prior to the date on which the parcel or final map is filed.

The land to be dedicated pursuant to this section shall be reviewed at the tentative map stage in accordance with the criteria set forth on Section 16.34.040 and approved by the community services director.

(Ord. 1144 §2(part), 2006).

A. General Formula. If there is no park or recreational facility designated in the City of Delano Park Master Plan, to be located in whole or in part within the proposed subdivision for the purpose of serving the immediate and future needs of the residents of the subdivision, the developer shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section 16.34.030 of this chapter and in an amount determined in accordance with the provisions of Section 16.34.070 of this chapter.

B. Fees in Lieu of Land; Fifty Parcels or Less. If the proposed subdivision contains fifty parcels or less, the subdivider shall pay a fee equal to the fair market value of the land or the portion of the local park required to serve the needs of residents of the proposed subdivision as prescribed in Section 16.34.080 of this chapter and in an amount determined in accordance with the provisions of Section 16.34.040 of this chapter.

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 acceptable to the city council.

(Ord. 1144 §2(part), 2006).

In subdivisions of more than fifty parcels, the subdivider shall both dedicate land and pay a fee in accordance with the following formula:

A. When only a portion of the land to be subdivided is proposed on the City of Delano Park Master Plan as the site for park purposes, such portion shall be dedicated for park purposes and a fee computed pursuant to the provision of this section shall be paid for the value of any additional land that would have been required to be dedicated pursuant to Section 16.34.070 of this chapter.

B. When a major part of the local park or recreation site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provisions of Section 16.34.070 of this chapter shall be paid in an amount equal to the value of the land to be used for the improvements of the existing park and recreation facility or for the improvement of other local parks and recreation facilities in the area serving the subdivision.

(Ord. 1144 §2(part), 2006).

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 of the amount of land which would otherwise be required for dedication pursuant to Section 16.34.050. The fee shall be determined by the following formula:

Park Acreage Dedication:

where

DU's = Number of dwelling units as defined in Section 16.34.040.

Pop = Population per dwelling unit.

DU

Park acreage dedication standard, the adopted amount of park land and park development per one thousand residents that is required pursuant to this chapter, as determined by city council as set forth in Section 16.34.030.

FMV = Fair market value determined by Section 16.34.080.

Buildable acre =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, easements, or other restrictions.

Fees to be collected pursuant to this section shall be reviewed by the community services director to ascertain if they comply with the formula set forth in this section. If compliance is found, then the fees shall be approved by the community services director.

(Ord. 1144 §2(part), 2006).

The fair market value shall be determined by the city with a written appraisal report from the subdivider, prepared and signed by an appraiser acceptable to the city. The appraisal shall be made immediately prior to the filing of the final map. The subdivider shall notify the city of the expected filing date at least six weeks prior to filing of the final map. If more than one year elapses prior to filing the final map, the city will prepare a new appraisal and will bill the subdivider for the cost of the reappraisal. For the purposes of this chapter, the determination of the fair market value of a buildable acre, as defined in Section 16.34.070, shall consider, but not necessarily be limited to, the following:

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

B. The general plan;

C. Zoning;

D. Property location;

E. Site characteristics of the property.

If the subdivider objects to the determined fair market value, he/she may appeal to the city council who shall hear the appeal under the same rules and obligations current for local board of equalization hearings, except that the burden of proof shall lie with the subdivider.

(Ord. 1144 §2(part), 2006).

Whether the city council body 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. The natural features, topography, geology, access and location of land in the subdivision available for dedication;

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

C. Feasibility of dedication;

D. Compatibility of dedication with the general plan; and

E. The location of existing and proposed park sites and trailways.

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

(Ord. 1144 §2(part), 2006).

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 in a planned development, real estate development, stock cooperative, and community apartment project, as defined in Sections 11003, 11003.1, 11003.4 and 11004, respectively, of the Business and Professions Code, and condominiums, as defined in Section 783 of the Civil Code, partial credit, not to exceed forty-five percent, shall be given against the requirement of the 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, and other open space 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 homes' association composed of all property owners in the subdivision and being and incorporated nonprofit organization capable of dissolution only by seventy-five percent affirmative vote of the membership and approved by the city, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a change 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; and

E. Facilities proposed for the 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; and

F. The open spaces, for which credit is given, is a minimum of three acres and provides all of the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:

Before a credit is given, the city council shall make written findings that the standards set out in this section are met.

(Ord. 1144 §2(part), 2006).

At the time of the approval of the tentative map, or tentative parcel map, rezoning, issuance of a building permit, or any other discretionary approval for development, the city council shall, pursuant to this chapter, require the dedication of land or payment of fees in lieu thereof and the payment of fees for park development.

At the time of the filing of the final subdivision map 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, the city council shall set the in-lieu fees based on the land dedication requirements as established at the time of tentative map approval using current land values at the time of final map approval with the formula set forth in Section 16.34.070 and using the process of determining fair market value as set forth in Section 16.34.080. The subdivider shall pay such fees in accordance with the following schedule:

A. For any subdivision consisting of ten or more lots, fees shall be paid, in their entirety, prior to the issuance of any building permit for any building or structure to be located upon any lot in the subdivision.

B. For any subdivision consisting of nine or less lots, fees shall be paid on a lot-by-lot basis prior to the issuance of any building permit for any building or structure to be located upon any one of the lots in the subdivision.

Open space covenants for private park or recreation facilities shall be submitted to the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map.

(Ord. 1144 §2(part), 2006).

Fees determined pursuant to Section 16.34.070 shall be paid to the city engineering department and shall be deposited into the city park in-lieu (Quimby) fund, or its successor. Money in such fund, including accrued interest, shall be expended solely for acquisition, development, or rehabilitation of park land, or improvements related thereto.

Collected fees shall be appropriated by the city for a specific project to serve residents of the subdivision in a budgetary year within five years upon receipt of payment or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

If such fees are not so committed, these fees, less an administrative charge, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bares to the total area of all lots in the subdivision.

The city finance director shall report to the city council at least annually on income, expenditures, and status of the subdivision city park Quimby Fund.

(Ord. 1144 §2(part), 2006).

Subdivisions containing less than five parcels and not used for residential purposes shall be exempt from the requirements of this chapter; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structure on one or more of the parcels, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

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 which is more than five years old when no new dwelling units are added.

(Ord. 1144 §2(part), 2006).

After the city council determines the land required for dedication and/or in-lieu fee payment by the developer, the developer may apply to the community services department for permission to construct specified park and recreation improvements on the land of the developer required for dedication or on land within the same city service area to be developed as a park. If the city council grants the developer permission for the construction of specified park and recreation improvements on the land, the city council shall fix the dollar value of the park and recreation improvements provided by the community services department. The dollar value of park and recreation improvements provided by the developer in the manner described in this chapter shall be credited against the fees required by this chapter. The city council reserves the right to approve such improvements prior to agreeing to accept the dedication of land and to require in-lieu fee payments should the land and improvements be unacceptable.

(Ord. 1144 §2(part), 2006).

The community services department shall develop a schedule specifying how, when and where it will use the land or fees, or both, to develop park and recreational facilities to serve residents of the subdivision.

(Ord. 1144 §2(part), 2006).

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

(Ord. 1144 §2(part), 2006).

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

(Ord. 1144 §2(part), 2006).

The city council may accept and maintain open space lands that promote public health, safety and welfare.

Such open space lands must provide substantial public use and one or more of the following: (1) contiguity to existing parks and open space areas; (2) major linkage between parks or open space areas; (3) a major off-street trail or pathway system which connects, or has the potential to connect, to other such trails; (4) valuable pedestrian experience on its own. Provisions of open space accepted pursuant to this section or protected by other techniques shall not be credited against the provision of park and recreational land or in-lieu fees as determined by this chapter, nor shall they in any way displace the need for provisions of adequate usable park space per this chapter.

Nothing in this section shall limit the offer of land dedication or donation and acceptance thereof by provisions outside this chapter.

(Ord. 1144 §2(part), 2006).