Hollister Municipal Code Ch. 16.55 Park and Recreation Area Dedications and Fees

Pursuant to Government Code Section 66477 and consistent with Hollister General Plan 2023 and the Hollister park facility master plan adopted May 2019, a subdivider shall dedicate land and provide recreational improvements to the dedicated land, pay a fee in lieu of dedicating land and recreational improvements, or a combination of both, at the option of the city, for park or recreation purposes as a condition of approval of a final map or a parcel map at the time and according to the standards and formula contained in this chapter. For purposes of this chapter, "park or recreation purposes" shall include neighborhood parks, community parks, and open space in accord with the principles and standards of the Hollister general plan and the Hollister park facility master plan, and the land, fees, or combination thereof are to be used only for the purpose of acquiring land and developing new or rehabilitating existing neighborhood or community parks or recreational facilities, including open space, to serve the subdivision.

(Ord. 1045, § 2, 2009; Ord. 1178, § 14, 2019)

Pursuant to the council findings for this chapter, the standard for park land and recreation area, including neighborhood and community parks and open space, is five acres of property for each 1,000 persons residing within the city. The amount of land to be dedicated and recreational improvements, or fees to be paid, shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the subdivision.

(Ord. 1045, § 2, 2009; Ord. 1178, § 15, 2019)

Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in location, topography, environmental characteristics and development potential as related to the intended use. Prior to consideration of a tentative map by the planning commission, the proposed park or recreational facility shall be reviewed by the city of Hollister parks and recreation commission. The comments shall be provided to the planning commission during the consideration of the tentative map.

Principal consideration shall be given to lands that offer the following:

A. Siting facilities for active recreation at locations that are within a walking distance of residents' homes and provide natural surveillance for residents and users of the park;

B. Possibility for expansion of the park in a phased subdivision or with a contiguous property;

C. The size, shape and usability of the land by the residents of the subdivision of the land proposed for dedication;

D. Integration of hiking, riding, and bicycle trails, natural stream reserves and other open space;

E. Coordination with other park systems;

F. Siting the facility away from collector and arterial roads;

G. Maximize the exterior and interior life of facilities while considering facility planning, design, construction, maintenance, operation and replacement costs;

H. Criteria for land not eligible for parkland and/or recreational purposes;

I. Private open space area;

J. Land used to fulfill requirements of the city's storm drainage standards such as detention ponds, retention ponds or swales;

K. Dual use recreation/surface storm water facilities located within the development.

(Ord. 1178, § 16, 2019)

A. Every residential subdivider shall, as a condition to filing a final subdivision map or parcel map, dedicate land, pay parkland acquisition fees in lieu of dedication, or a combination of both, for park or recreational purposes, including open space, except as provided herein.

B. Every residential subdivider shall, as a condition to filing a final subdivision map or parcel map, provide recreational improvements; pay fees in lieu of recreational improvements, or a combination of both, for park or recreational purposes, including open space, except as provided herein.

C. Upon approval of the final map or parcel map, the land or fees required under this chapter shall be conveyed directly to the city if the city elects to accept the land or fees.

D. Every tentative map or parcel map for a residential project shall contain a condition requiring compliance with this chapter.

E. In addition to the requirements listed on subsection A and B herein, every tentative map or parcel map for a residential project shall comply with the requirements of the city's zoning code.

F. Only the payment of fees shall be required in subdivisions containing 50 parcels or less, except that dedication or reservation of land may be required of condominium projects, stock cooperatives, or community apartment projects, as defined by Civil Code Section 1351, that exceed 50 dwelling units, notwithstanding that the number of parcels in such subdivisions may be less than 50.

G. If a phased project results in a total subdivision project of more than 50 parcels, the total project will be treated as one subdivision for purposes of this chapter and the director may require land dedication which could not have been otherwise required under subsection F herein.

H. The requirement under subsection A and B herein shall not apply to:

1. Condominium projects or stock cooperatives that consist of subdivision of airspace in an existing apartment building that is more than five years old and no new dwelling units are added;

2. Subdivisions containing less than five parcels, except that a condition may be placed on the approval of the parcel map 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 approval of the parcel map, the fees required by this chapter may be required to be paid by the owner of each parcel as a condition of the issuance of the building permit;

3. Existing residential lots; subdivision or parcel maps filed less than 30 days after the ordinance codified in this chapter becomes effective.

(Ord. 1045, § 2, 2009; Ord. 1178, § 17, 2019)

A. The amount of land to be dedicated under this chapter shall be calculated pursuant to the following formula:

Land = A x B.

B. For purposes of this section, "A" means the park and recreation area required per dwelling unit, based on the type of dwelling units of the subdivision, and the park area standard per 1,000 city residents.

1. The park area standard of the city is determined to be five acres per 1,000 persons, or 0.005 acres per person.

2. The park and recreation area required per dwelling unit is established as follows:

a. Single-Family Development. For single-family dwelling units, each unit is assigned 3.52 persons, an average number of persons per household that is based on the most current United States Census Bureau Year data. Thus, "A" = 3.52 x 0.005 = 0.0176 acres per unit.

b. Multifamily Development. For multifamily dwelling units (more than one dwelling unit in the same building or on the same lot), each unit is assigned 3.45 persons, an average number of persons per household that is based on the United States Census Bureau Year data. Thus, "A" = 3.45 x 0.005 = 0.0172 acres per unit.

C. "B" means the number of dwelling units in the proposed subdivision. For purposes of this section, the number of dwelling units in the proposed subdivision shall be determined as follows: In areas zoned for one dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the final map. When the subdivision is located in an area zoned for multiple dwelling units per parcel, the number of dwelling units shall equal the number of dwelling units shown on the final map. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on the final map, except as provided in this chapter. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved planned development plan.

D. Dedication of land shall be made in accordance with procedures established in this title.

(Ord. 1045, § 2, 2009; Ord. 1178, § 18, 2019)

A. If city requires fees to be paid in lieu of dedication of land, those fees shall be equal to the park land acquisition in-lieu fees (Quimby Act) duly adopted by council resolution, and as from time to time amended.

B. If city requires fees to be paid in lieu of recreational improvements, those fees shall be equal to the park construction impact fee duly adopted by council resolution, and as from time to time amended.

C. Fees collected shall be used only for the purpose of acquiring land, recreational improvements and developing new or rehabilitating existing neighborhood or community parks or recreational facilities.

D. Fees collected pursuant to this chapter shall be committed within five years after the payment of the fees or the issuance of the building permit on one-half of the lots created by the subdivision, whichever occurs later. If not committed within the time limits hereunder, the fees shall be distributed and paid, without deduction, 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. 1045, § 2, 2009; Ord. 1178, § 19, 2019)

Editor's note— Ord. 1178, § 19, adopted June 17, 2019, changed the title of § 16.55.050 from "fees in-lieu of land dedication" to read as herein set out.

A. In accordance with Government Code Section 66477(a)(9), if a subdivider provides park and recreational improvements to the dedicated land, as authorized by the city, the value of the park and recreational improvements, together with any equipment located thereon, as approved by the planning commission, shall be a credit against the payment of fees for dedication of land and recreational improvements otherwise required by this chapter. To be authorized and approved by the city, park and recreational improvements and equipment provided by the subdividers pursuant to this section shall be generally consistent, as determined by the city, with applicable principles and standards for local and neighborhood parks contained in the park and open space element of the general plan and the park facility master plan. Such applicable principles and standards shall include, but not be limited to, relevant portions of the park facility master plan establishing standards for neighborhood and community parks and open space.

B. Any recreational improvements to the dedicated land, as authorized by the city, shall be equal to the amount of fees to be collected in-lieu of recreational improvements. If a recreational improvement to the dedicated land exceeds the amount of fees to be collected by the city, the city shall not be responsible for any type of reimbursement to the subdivider.

C. In accordance with Government Code Section 66477(e), common interest developments such as community apartments, condominiums, planned developments and stock cooperatives, as defined in Section 4100 of the Civil Code, shall be eligible to receive a credit not to exceed 25 percent, as determined by the city, against the land required to be dedicated, or the amount of the fee imposed pursuant to this chapter, for the value of common open space within the development which is usable for active recreational uses.

(Ord. 1045, § 2, 2009; Ord. 1178, § 20, 2019)

A. Prior to approval of a subdivision subject to this chapter, the planning commission shall consider the report and recommendation from city staff regarding the following:

1. The amount of land required and recreational improvements; or

2. That a fee be charged in lieu of land and recreational improvements; or

3. That a combination of both be required; and

4. The location of the park land and recreational improvements within the project.

B. At the time of approval of a subdivision subject to this chapter, the planning commission shall determine whether land and recreational improvements, or in-lieu fees, or a combination of both shall be dedicated or paid by the subdivider based, among other factors considered by the planning commission, on the criteria contained in the park facility master plan.

C. The planning commission may approve, modify or disapprove the recommendations of city staff; provided, however, that any modification of the recommendation not previously considered shall first be referred back to city staff for further report and recommendation. City staff shall report back to the planning commission within 30 days. After the receipt and consideration of the report or after 30 days have passed in the event no report is received, the planning commission may take action on the modification.

(Ord. 1045, § 2, 2009; Ord. 1178, § 21, 2019)

Dedication of land and recreational improvements outside of the subdivision may be authorized by the city, in consultation with the planning commission, by action on the tentative map and be credited toward the developer's park land dedication and recreational improvements requirements pursuant to this chapter.

(Ord. 1045, § 2, 2009; Ord. 1178, § 22, 2019)