Chapter 18.62 — Dedication of Land for Park and Recreational Purposes

Sections:

18.62.010 – Purpose 18.62.020 – Applicability

• 18.62.030 – Standards and Formula for Land Dedication

• 18.62.040 – Fees in Lieu of Land Dedication

• 18.62.050 – Use of Fees

• 18.62.060 – Requirement of Both Dedication and Fees

• 18.62.070 – Credit for Private Open Space

• 18.62.080 – Credit for Park Improvements and Equipment

• 18.62.090 – Amendments to the Act

It is the purpose of this chapter to require the dedication of a portion of land or payment of a fee in lieu thereof, or a combination of both, when a subdivision occurs to provide park and recreational facilities reasonably related to serving the development and in compliance with the standards and provisions specified in this chapter. The provisions of this chapter are enacted in compliance with Government Code Section 66477.

• A. Subdividers Shall Provide Park and Recreational Facilities. Every subdivider who subdivides land shall dedicate a portion of the land, pay a fee, or do both, as specified in this chapter for the purpose of providing park and recreational facilities to serve future residents of the subdivision.

• B. Application – Exceptions. The provisions of this chapter shall apply to all subdivisions, as that phrase is defined in Government Code Section 66410 et seq., except for any of the following:

  1. Commercial or Industrial Subdivisions;

  2. Subdivisions containing less than five parcels and not used for residential purposes. It shall automatically be a condition of tentative map approval of any subdivision that if a building permit is requested for construction of a residential structure(s) on one or more of the parcels within four years following the date of final map recordation, the fee in lieu of dedication, as prescribed in this chapter, shall be paid by the owner of each of the parcels as a condition to the issuance of the building permit;

  3. Any condominium or community apartment project which consists of the subdivision of air space of an existing multiple-unit structure which is more than five years old, where no new dwelling units are added; or

  4. Any other exceptions as may be added to the Act.

East Palo Alto Development Code, Title 18

75 August 2018

Chapter 18.62

Dedication of Land for Park and Recreational Purposes

• A. Three Acres for Each 1,000 Persons. It is hereby found and determined that the public interest convenience, health, welfare, and safety require that three acres of real property for each 1,000 persons residing within the City be devoted to park and recreational purposes.

• B. Subdivider Shall Dedicate Land. Where a park or recreational facility has been designated in the Recreational Element of the General Plan and is to be located in whole or in part within the proposed subdivision to serve the immediate or future needs of the residents of the subdivision, the subdivider shall dedicate land within the area of the subdivision for a local park consistent with the Recreational Element.

• C. Amount of Land to be Dedicated. The amount of land (expressed in acreage) required to be dedicated shall be based upon the average number of persons per household, based upon the most recent available federal census, divided by 333.33 (one thousand persons per three acres).

• A. Subdivider to Pay an in Lieu Fee to the City. In the event there is no park or recreational facility designated in the Recreational Element to be located in whole or in part within the proposed subdivision, or in the event that the proposed subdivision contains 50 or less parcels, then the subdivider shall pay a fee to the City in lieu of dedicating land, which shall be in an amount equal to the fair market value of the amount of land which would otherwise be required to be dedicated .

• B. Fair Market Value. Either the average estimated fair market value for all residentially zoned real property located in the City, or the fair market value of the land in the subdivision, based upon its then assessed value modified to equal current market value in compliance with the practices of the County Assessor and as determined by the Director, whichever amount shall be the greater.

All fees collected shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of purchase of necessary land or improving existing facilities, or both. Interest earned on the accumulated fees may be used for the maintenance of any existing parks in the City, so long as the use is allowed under the Act.

Both dedication of a portion of land, together with the payment of fees may be required in compliance with all of the following criteria:

• A. Where only a portion of the land to be subdivided or developed is proposed in the Recreation Element as a site for a local park or recreational area, the portion shall be dedicated for local park purposes and a fee shall be paid for any additional land that would have been required to be dedicated.

• B. Where a major part of the local park or recreational area has already been acquired by the City and only a portion of land is needed from the subdivision or building site to complete the park, the remaining portion shall be dedicated and a fee computed in compliance with this chapter shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated for the balance thereof.

East Palo Alto Development Code, Title 18

August 2018

76

Article 5 – Subdivisions

Chapter 18.62

• A. Throughout the City in a proposed subdivision, or in conjunction with a development not involving a subdivision, a developer may aggregate up to 20 percent of the required per unit private open space within the project into communal park and active recreational open space to be owned and maintained by residents, and a credit not to exceed 20 percent may be given against the requirement of dedication for park and recreation purposes or payment of fees in-lieu thereof, provided the Council finds that it is in the public interest to do so. The common open space must have minimum length and width dimensions of 20 feet and must be usable and provide amenities. Required setbacks and yards may count toward the open space requirement if all provisions are met. Walkways shall not be included in the computation. All the following standards shall be met:

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

  2. The use of the private open space is restricted for park and active recreational purposes by recorded covenants which run with the land in favor of the future owners of property located within the subdivision which cannot be defeated or eliminated without the consent of the Council;

  3. The proposed private open space is reasonably adaptable for use for park and active recreational purposes, taking into consideration the size, shape, topography, access, and location of the private open space land; and

  4. The facilities proposed for the open space are in substantial compliance with the provisions of the Recreational Element of the General Plan and are approved by the Council.

• B. On the Westside, where a public open space for park and active recreational purposes is provided in a proposed subdivision, or in conjunction with a development not involving a subdivision, and the open space is off-site and is to be available to the general public and not exclusively to the residents of the development, up to 50 percent of the required private open space may be aggregated for the public open space and a credit not to exceed 50 percent may be given against the requirement of dedication for park and recreation purposes or payment of fees in-lieu thereof, provided the Council finds that it is in the public interest to do so. The public open space must be usable and provide amenities. Required setbacks and yards may count toward the open space requirement if all provisions are met. Walkways shall not be included in the computation. All the following standards shall be met:

  1. The proposed public open space shall be a minimum of 10,000 square feet and be reasonably adaptable for use for park and active recreational purposes, taking into consideration its size, shape, topography, access, and location;
  • The site is accessible and visible from the street;

3. The developer shall design the park and obtain City approval prior to installation, and the developer shall provide funding for maintenance and insurance;

4. The facilities proposed for the open space are in substantial compliance with the provisions of the Recreational Element of the General Plan and are approved by the Council; and

5. The property is dedicated to and accepted by the City and appropriate signage preapproved by the City is installed.

East Palo Alto Development Code, Title 18

77 August 2018

Chapter 18.62

Dedication of Land for Park and Recreational Purposes

• A. A credit against the requirements for dedication of land or payment of fees shall be given in an amount equal to the value of any park and recreational improvements or equipment constructed or installed by the subdivider, with the prior consent of the City, either upon land dedicated to the City in connection with the project or upon existing park land located elsewhere within the City that will service the future occupants of the subdivision.

• B. All improvements and equipment shall be constructed and/or installed in compliance with plans, specifications, or standards prepared or approved by the City.

In the event the Act should in the future be amended to expand or change the allowed uses of land dedicated or in lieu fees paid, the purposes shall control and the limitations specified in this chapter to the extent they are inconsistent with the amended Act, shall no longer have any force or effect.

East Palo Alto Development Code, Title 18

August 2018

78

Article 5 – Subdivisions

Chapter 18.64