Isleton Municipal Code Ch. 11.12 Park and Recreational Facilities Requirement

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.

It is found and determined that the public interest, convenience, health, welfare and safety required that three acres of property for each 1,000 persons residing within the city be devoted to local recreation and park purposes.

Where a recreational or park facility has been designated in the general plan, and is to be located in whole or in part within the proposed subdivision to service the immediate and future needs of the residents of the subdivisions, the subdivider shall dedicate land for a local recreation or park facility 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: Where the city requires the dedication of land, the subdivider shall dedicate land for local recreational or park facilities according to the formula D × F = A in which:

D = the number of dwelling units

F = a "factor" herein described

A = the buildable acres to be dedicated

A buildable acre is 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, public rights-of-way, easements or other restrictions.

The factors of 0.0089, 0.0068, and 0.0056 are constants, which, when multiplied by the number of dwelling units permitted in the subject area, will produce three acres per thousand population. Unless the subdivider enters into an agreement with the city for a lower density, the number of dwelling units shall be calculated as follows:

A. When a rezoning application accompanies the tentative map, density shall be calculated according to the highest density of the zoning designation applied for;

B. When the tentative map is not accompanied by a rezoning application, density shall be calculated according to the highest density of the zoning designation or existing specific plan density designation, whichever allows the highest density; provided, however, that upon completion of build-out, if the actual number of dwelling units built is less than the highest density permitted in the applicable zone, then the subdivider may, within five years after payment of the fee, apply for a refund, without the actual density. The city may grant a refund if, in the sole and exclusive discretion of the City, the reduction in the density has no adverse impact upon the infrastructure financing plan for the area that includes the subdivision.

The factors referred to above are as follows:

FS = 0.0089 relating to single-family dwelling units

FT = 0.0067 relating to two-family dwelling units

FM = 0.0053 relating to multiple-family dwelling units

Fmh = 0.0053 relating to mobile-home dwelling units.

The subdivider shall: (1) provide full street improvements, including but not limited to curbs, gutters, street paving, traffic control devices, street lights, and sidewalks, to land which is dedicated pursuant to this section; (2) provide for chain link fencing meeting city standards along the property line of that portion of the subdivision contiguous to the dedicated land; (3) provide improved surface drainage through the site; and (4) provide other improvements which the city council determines to be essential to the acceptance of the land for recreational purposes.

A. If there are not park or recreational facility designations in the city's recreation and park plan to be located in whole or part within the proposed subdivision to serve the needs of the residents of the subdivision, and/or where the city council requires the payment of in lieu fees, the subdivider shall, in lieu of dedication of land, pay a fee equal to the value of the land prescribed for dedication in section 11.12.030 above and in the amount determined in accordance with the provisions of section 11.12.050 of this chapter, such a fee to be used for recreational and park facilities which will serve the residents of the area being subdivided.

B. If the proposed subdivision contains 50 parcels or less, the subdivider 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 as prescribed in section 11.12.030 of this chapter, and in an amount determined in accordance with the provisions of section 11.12.050 of this chapter.

When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market values as describe below, plus 20 percent for off-site improvements such as utility lines extensions, curb, gutter and pavement and street lights.

A. The amount to be paid shall be a sum calculated pursuant to the following formula:

A × V = M

Where

A = the amount of land required for dedication as determined in section 11.12.030 of this chapter.

V = fair market value (per acre) of the property to be subdivided, as established by an appraisal;

M = the number of dollars to be paid in lieu of dedication of land, to which shall be added 20 percent for off-site improvements.

B. For purposes of calculating the in-lieu fee under this section, the subdivider shall cause an appraisal of the property to be subdivided to be made. The appraisal shall be the gross tentative map area at its unencumbered (free clear) value, as if at the approved tentative map stage of development and as if any assessments or other encumbrances to which the property is subject had been paid off in full prior to the date of appraisal. Factors to be considered during the evaluation shall include the following:

1. Conditions of subdivision map;

2. The general plan;

3. Zoning and density;

4. Property location;

5. Off-site improvements facilitating use of the property;

6. Existing pubic improvements (e.g., existing streets, canals) which have the effect of reducing usable gross tentative map area.

The appraisal shall value the property as of a date no earlier than 90 days prior to the recording of the final map, or the payment of the fee, which occurs later. The appraisal shall clearly state the fair market value of the property on dollars per gross acre. Three copies of the appraisal shall be delivered to the city.

In the event the city determines the appraisal is inadequate, the city may cause a second appraisal to be made at its expense by an appraiser with the above described qualifications, and the second appraisal shall be used for purposes of calculating the in lieu fee.

Fees collected pursuant to this chapter shall be used and expended solely for the acquisition, improvement, and expansion of the public parks, playgrounds and recreational facilities reasonably related to serve the needs of the residents of the proposed subdivision. Said fees may also be used for the development of recreational areas and facilities on public school grounds which provide a desirable recreational site and immediate access to a public street.

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

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:

A. Recreation, parks, plan and element of the city's general plan.

B. Topography, geology, access and location of land in the subdivision available for dedication;

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

D. Feasibility of dedication;

E. Compatibility of dedication with the city's recreation and park plan; and

F. Availability of previously acquired park property. 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.

Any fee 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 lots created by the subdivision, whichever occurs later. Of such fees that 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.

A. The city may grant credits for privately owned and maintained open space or local recreation facilities, or both, in planned developments as defined in section 783 of the California Civil Code, and other common interest developments. Such credits, if granted in acres, or comparable in lieu fees, shall not exceed 25 percent of the dedication or fees, or both, otherwise required under this chapter. Credits shall be subtracted from the dedication or fees, or both otherwise required under this chapter provided:

1. Yards, court areas, setbacks, and other open space areas required to be maintained by this title or other regulations shall not be included in private open space and local recreation credit.

2. Provision is made by written agreement, recorded covenants running with the land, or other contractual instrument that the areas shall be adequately maintained.

3. The use of private open space or recreation facilities is limited to park and local recreation purpose and shall not be changed to another use without the express written consent of the city council.

B. Land or facilities, or both, which may qualify for credit towards the land dedication or in lieu fee, or both, will generally include the following types of open space or location recreational facilities; provided, however, that credit for each of the following categories shall not exceed five percent of the dedication or fees, or both, otherwise required under this chapter:

1. Open spaces, which are generally defined as parks, extensive areas with tree coverage, low land along streams or areas of rough terrain when such areas are extensive and have natural features worthy of scenic preservation, golf courses, or open areas on the site in excess of 20,000 square feet;

2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced areas especially designed and exclusively used for court games;

3. Recreational swimming areas, which are defined generally as fenced area devoted primarily to swimming, diving, or both, including decks, lawned area, bathhouse, or other facilities developed and used exclusively and primarily for swimming and diving;

4. Recreation buildings, designed and primarily used for the recreational needs of the residents of the development;

5. Special areas, which are generally defined as areas of scenic or natural beauty, historic sites, hiking, riding or motorcycle/bicycle trials, including pedestrian walkways separated from public roads, planting strips, lake sites or river beaches, improved access or right-of-way in excess of requirements, and similar type open spaces or recreational facilities which in the sole judgment of the city, qualifies for a credit.

C. The city council shall grant credit for land dedicated and/or fees paid pursuant to this chapter under a previously approved final subdivision map or parcel map in the event a new map is submitted for approval. Such credit shall be subtracted from the dedication and/or fees required under this chapter for the new map; provided, that in no event shall the city be required to return any fees paid or any land dedicated as a condition of a previously approved final map pursuant to this section.

The categories for credit for private open space and facilities described in section 11.12.100 of this chapter shall be given equal weight, each category not to exceed 20 percent of the total which may be granted by the city. The city council may, however, upon petition of the subdivider, grant additional credit for each of the above categories if there is substantial evidence that:

A. The open space or recreational facility is above average in aesthetic equality, arrangement or design; or

B. The open space or recreational facility is clearly proportional greater in amount or size than required by this title or usually provided in other similar types of development; or

C. The open space or recreational facility is situated so as to compliment open space or local recreational facilities in other private of public developments.

A. At the time of the hearing on the tentative subdivision map, the planning commission shall recommended to the city council, after reviewing the report and recommendation from the planning director or his designee, that land be dedicated or fees be paid, or both, by the subdivider for park or recreational purposes as a condition or approval of the subdivision map. The recommendation by the planning director or his designee shall include the following where applicable:

1. The amount of the land to be dedicated;

2. That a fee be charged in lieu of dedication;

3. That both dedication and a fee be required;

4. That a credit be given for private recreation facilities, unique natural and special features, or for any other reason provided in section 11.12.010 of this chapter.

5. The location of the park land to be dedicated;

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

B. At the time of its hearing on the tentative subdivision map, the planning commission or city council shall determine the amount of the land required to be dedicated under this chapter and section 11.12.030 of this chapter, whether or not a fee is to be charged in lieu of any or all of the required dedication, whether a credit is to be given for private recreation facilities, unique natural and special features, or for any other reason provided in section 11.12.100 of this chapter, and the location of the park land to be dedicated, if any. In making its determination, the city council shall be guided by the standards contained in this chapter where applicable.

C. At the time of the filing of a final subdivision or parcel map including the same amount of land as included in the applicable tentative map, the subdivider shall dedicate the land and/or space covenants for private park or recreational facilities shall be submitted to the city council prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map.

The provisions of this chapter shall not apply to subdivisions:

A. Not used for residential purposes; provided, however, that a condition shall be placed in the approval of such subdivision that of a building permit is requested for construction of a residential structure or structure on one or more of the parcels within four years of the filing of the map, the owner of each such parcel shall be required to pay an in-lieu fee pursuant to this chapter, calculated as of the date the building permit issued, as a condition to the issuance of a building permit; a note to this effect shall be placed on the final map.

B. To permit separate ownership of two or more existing residential dwelling units when more than five years old are no new units are added.

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

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 or 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.

A. At the time of the filing of a final subdivision or parcel map including less land than was included in the tentative map, the planning director or his designee shall recalculate the amount of land required to be dedicated in accordance with this chapter, based on land included in the proposed final subdivision or parcel map.

B. If the city council determined at a hearing on the tentative map that the requirements of this chapter would be satisfied by the payment of a fee and/or that land located within the proposed final subdivision or parcel map be dedicated and the amount of such land is equal or smaller than the amount of land required to be dedicated pursuant to subsection A of this section, the subdivider shall dedicate the land and/or the fees at the time of filing the final subdivision or parcel map.

C. If the city council determined at the hearing the tentative map that the requirements of this chapter would be satisfied by the dedication of land located outside the proposed final subdivision or parcel map or the amount of land required to be dedicated at the approving the tentative map exceeds the amount required to be dedicated pursuant to subsection A of this section, the planning director or his or her designee shall recommend that the subdivider:

1. Dedicate full title to part of the parksite; or

2. Dedicate an undivided partial ownership interest in entire parksite; or

3. Dedicate as specified in subsection C.1 or C.2 of this section and enter into an agreement with the city to reserve the undedicated portion; or

4. Solely pay in-lieu fees; and/or

5. Be granted credit(s) in accordance with sections 11.12.100 and 11.12.110 of this chapter.

If the subdivider concurs with the recommendations of the planning director, the subdivider shall dedicate the land and/or pay the fees in accordance with the recommendations prior to filing the final subdivision or parcel map. Open space covenants for private park or recreational facilities shall be submitted to the city council prior to approval of the final subdivision map or parcel map and shall be submitted to the city council prior to the approval of the final subdivision map or parcel map and shall be recorded at the same time as the final map.

If the subdivider objects to the recommendation of the planning director, the city council shall determine at a public hearing the land to be dedicated, whether a fee is to be charged, and whether any credits shall be granted. Prior to filing the final subdivision or parcel map, the subdivider shall dedicated the land and/or pay the fees, as determined by the city council. Open space covenant for private park or recreational facilities shall be submitted to the city council prior to the approval of the final subdivision map or parcel map and shall be recorded at the same time as the final map.

D. Nothing in subsection C:

1. Requires the dedication of the land located outside the proposed final subdivision or parcel map; or

2. Prohibit a subdivider from dedicating land in excess of the amount required to be dedicated pursuant to subsection A of this section.