Article 2 — Requirements for Parkland Dedications, Park Facilities, and Fees

As a condition of approval of a tentative map or parcel map (referred to in this chapter as development) the owner of land for residential use, excluding that land which is exempt as provided in the Subdivision Map Act, shall:

(1)

Dedicate land for park, trail or recreational purposes, pay a fee in lieu thereof, or do a combination of both; and

(2)

Pay a park facilities fee, provide park facilities in conjunction with a parkland dedication, or do a combination of both.

(Ord. No. 575, § 2, 7-28-2008)

As a condition of approval of a permit to build a residential structure on any parcel of land of record or to construct an additional dwelling unit an owner shall:

(1)

Dedicate land for park, trail or recreational purposes, pay a fee in lieu thereof, or do a combination of both; and

(2)

Pay a park facilities fee, provide park facilities in conjunction with a parkland dedication, or do a combination of both.

As a condition of approval of a permit to add habitable living space (including the conversion of a garage or other structures to habitable living space) an owner shall pay a per square foot parkland dedication in-lieu fee and a per square foot park facilities fee.

(Ord. No. 575, § 2, 7-28-2008)

The owner of land that is reclassified to the planned (P-1) district, as a condition of approval of the development plan, which provides for one or more dwelling units, including apartments or condominiums,

shall:

(1)

Dedicate land for park, trail or recreational purposes, pay a fee in lieu thereof, or do a combination of both; and

(2)

Pay a park facilities fee, provide park facilities in conjunction with a parkland dedication, or do a combination of both.

(Ord. No. 575, § 2, 7-28-2008)

(a)

The amount of land to be dedicated for park and recreational facilities, or the payment of fee in lieu thereof, or combination of both, shall not exceed five acres per 1,000 persons residing within a subdivision subject to this chapter. The city shall adopt a resolution, which shall set forth the actual amount of parkland to be dedicated, or fee to paid in lieu thereof, based upon the ratio of the park acreage owned by the city to the total population of the city, as shown in the most recent available federal census.

(b)

The park facilities fee shall be based upon the ratio of parkland acres per person as specified above in subsection (a), the amount of persons per dwelling unit, and the weighted average facilities cost per acre as set forth in greater detail by resolution. Park facilities may be provided on dedicated parkland to offset payment of part or all of the park facilities fee as provided in Section 6-1616.

(c)

The parkland in-lieu fee and park facilities fee for residential additions shall be based upon the size of a typical single family home, as set forth in greater detail by resolution.

(Ord. No. 575, § 2, 7-28-2008)

(a)

The amount of land to be dedicated and the formula to establish the amount of land to be dedicated and the fee to be paid in-lieu of dedication shall be set forth by resolution.

(b)

All land offered for dedication shall have access to at least one existing or proposed street open for general public access. This requirement may be waived by the city council if the city council determines that public street access is unnecessary for maintenance of the park area or use thereof.

(c)

The land to be dedicated under this chapter shall be considered for approval by the city council upon recommendation of the parks, trails and recreation commission and planning commission.

(d)

Only the payment of fees, not the dedication of lands, may be required in subdivisions containing 50 parcels or less.

(1)

When a condominium project, stock cooperative, or community apartment project, as those terms are defined in the Civil Code § 1351, exceeds 50 dwelling units, notwithstanding that the number of parcels may be less than 50, dedication of land may be required.

(2)

However, nothing in this subsection precludes the dedication and acceptance of land for park and recreation purposes in subdivisions of 50 parcels or less, where the owner proposes such dedication voluntarily and the land is acceptable to the city council.

(e)

The owner may be required to, without credit against the amount of land to be dedicated:

(1)

Provide full street improvements and utility connections pursuant to city standards to land which is dedicated under this chapter;

(2)

Provide improved grading and drainage through the dedicated site; and

(3)

Provide other improvements which the approving body determines to be essential to the use of the land.

(Ord. No. 575, § 2, 7-28-2008)

(a)

The standards and formula for setting the park facilities fee shall be set forth by resolution.

(b)

Park facilities may be provided under this chapter on parkland that is being dedicated to the city. Part or all of the park facilities fee may be offset based on the cost of the facilities provided.

(Ord. No. 575, § 2, 7-28-2008)

(a)

In common interest developments (as defined in the Civil Code § 1351), partial credits may be available for private open land, trails or recreation facilities within the development usable for active recreational uses are provided and meet the standards specified below. Partial credits cannot exceed 50 percent against the requirement of land dedication or payment of in-lieu fees for land dedication.

(b)

An application for partial credit must be submitted to the city manager who will forward it to the parks, trails and recreation commission, with a copy to the planning commission, no later than at the time the tentative map is submitted for the official city review. Following action by the planning commission on the tentative map, the question of partial credit shall be scheduled for consideration by the city council based upon the recommendations of the parks, trails and recreation commission and the planning commission. Partial credit may be given only if the city council finds that it is in the public interest to do so and that the standards set forth in the next paragraphs are met.

(c)

The standards for partial credit for provision of private land against parkland dedication or in-lieu fees are as follows:

(1)

Yards, median strips, setbacks and other open areas or landscaping required to be maintained by the zoning and building ordinances and regulation shall not be included in the computation of such credit; and

(2)

The private ownership and maintenance of the area, is adequately provided for by recorded written agreement (to which the city is a party), covenants or restrictions that bind future owners to maintaining the area and the facilities; and

(3)

The use of the private open land and recreation facilities is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be amended or eliminated without the consent of the city or its successor; and

(4)

Those elements and facilities proposed for the area are in substantial accordance with the provisions of the open space, parks, school and utilities element of the general plan; and

(5)

The proposed private land is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, land use compatibility, slope, topography, geology, natural setting, access and location; and

(6)

The private land areas for which credit may be given may include the following:

Bicycle, hiking and/or equestrian trails refer to neighborhood trails that may join a community or regional trail system. (Under Government Code § 66475.1, a developer of over 200 parcels may be required to dedicate bicycle paths.);

(d)

If park facilities are provided on the private land that is accepted as a partial credit against the parkland dedication or in-lieu fee requirement, an offset of up to 50 percent of the park facilities fee requirement may be granted based upon the cost of such park facilities. The amount of the offset shall be subject to approval by the city council upon recommendation of the parks, trails and recreation commission and the planning commission. An offset may be given only if the city council finds that it is in the public interest to do so.

(Ord. No. 575, § 2, 7-28-2008)

(a)

The city council upon recommendations from the parks, trails and recreation commission and planning commission may give full or partial credit against the requirement of land dedication, payment of fees in- lieu of parkland dedication, or park facilities fees for on-site and off-site public park, trail and open space projects that the council finds are of major benefit to the entire community and that are dedicated for public use. Public trails as used in this section are those used on a regional or community-wide basis or which

serve as a major artery for a community or regional trail system, and which are used primarily by residents living outside the subdivision.

(b)

An application for credit must be submitted to the city manager who will forward it to the parks, trails and recreation commission, with a copy to the planning commission, no later than at the time the tentative map is submitted for the official city review. Following action by the planning commission on the tentative map, the question of credit shall be scheduled for consideration by the city council based upon the recommendations of the parks, trails and recreation commission and the planning commission. Credit may be given only if the city council finds that it is in the public interest to do so.

(Ord. No. 575, § 2, 7-28-2008)

The land, park facilities and fees collected, or a combination thereof, shall be used only for the purpose of developing new or rehabilitating existing publicly owned or publicly controlled neighborhood or community park or recreational facilities or improvements as permitted by law. If any neighborhood or community park or recreational facilities or improvements are jointly used, developed, controlled or owned with another party, the City or general public shall be entitled to use the park, facility or improvement in an amount proportional to the City's contribution as required by applicable law or otherwise determined by the City Council.

(Ord. No. 575, § 2, 7-28-2008; Ord. No. 619, § 1, 8-12-2013)

An administration fee shall be charged to cover the administration costs associated with the dedication of parkland and facilities, the parkland fee, and park facilities fee. The administration fee shall be paid in conjunction, and at the same time, with the dedication of land and park facilities, the payment of fees or a combination of both as provided in this Chapter. This administration fee shall be set forth by resolution of the city council.

(Ord. No. 575, § 2, 7-28-2008)