Livingston Municipal Code Ch. 9 Dedications, Fees, Reimbursement and Reservations, Certain Public Facilities

Pedestrian walkways or bikeways may be required where needed for:

(A) Access to schools, playgrounds or parks, shopping centers or other public areas;

(B) Traffic safety;

(C) Access through unusually long blocks; and

(D) Access to public areas shown on the approved general plan. Dedications for bicycle paths may only be required for subdivisions which have 100 lots or more on the final map.

(Ord. 295, passed 2-4-1986)

(A) Adoption. This section is adopted pursuant to Cal. Gov’t Code § 66477 which provides for the dedication of land or the payment of fees in lieu thereof for park and recreational facilities as a condition of approval of a tentative map or parcel map.

(B) Fee/dedication. Whenever land that is proposed to be divided for residential use lies within the boundaries of the city, a fee and/or the dedication of land shall be required as a condition of approval of the division of land.

(C) Purpose. It is found and determined by the City Council that the public interest, convenience, health, welfare and safety requires that three acres of land for each 1,000 persons residing within a subdivision shall be devoted to neighborhood and community park and recreational facilities. However, if the amount of actual acreage of neighborhood and community park area existing within the city, as shown on the city’s records, plans, recreational element, maps or reports as of the date of the most recent available federal census, per 1,000 members of the total population of the city, as shown in the most recent available federal census, exceeds that limit, then the City Council determines that the public interest, convenience, health, welfare and safety requires that a higher standard, not to exceed five acres of land per 1,000 persons residing within the city, shall be devoted to neighborhood and community park purposes.

(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DWELLING UNIT. A building or mobilehome designed for residential occupancy. For the purposes of this section, the number of dwelling units created by a land division shall be as follows: one dwelling unit per lot created in a single-family residential zone; one dwelling per unit approved in a multi-family residential zone; and where the number of units to be built in a multi-family residential zone is unknown, the maximum number of dwelling units allowed under that zone. For a condominium project, the number of dwelling units created shall be the number of condominium units approved.

PARK. A parcel or parcels of land, exclusive of natural open space, which is open and available for use by the general public and which serves the recreational needs of the public.

PARKS AND RECREATION PLAN.

(a) A general plan and/or other plan for park and recreational facilities adopted by the city which describes current and planned facilities and services.

(b) Exemptions: this section shall not apply to the following land divisions:

(1) Commercial or industrial;

(2) Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old and no new dwelling units are added;

(3) Subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition of approval shall be placed on those maps that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each parcel as a condition to issuance of such permit; and

(4) Subdivisions subject to development agreements approved by the City Council, that contain specific requirements for park land dedication and/or park construction. Such subdivisions shall comply with the requirements as set forth in the respective development agreements.

(E) Adoption and amendment of a parks and recreation plan.

1. Prior to requiring a subdivider to dedicate land or pay a fee, or a combination of both, the city must adopt a parks and recreation plan which shall be used to plan and direct park and recreation services within the city.

2. The city may amend an approved parks and recreation plan at any time to reflect the needs of the city or when there are pertinent changes in the city’s boundaries. A parks and recreation plan shall contain a statement of goals, policies, programs, standards and proposed location and development or rehabilitation of recreation facilities and services such as natural reservations, parks, parkways, playgrounds, recreational community gardens and other recreational areas.

(F) Land dedication and fee requirements.

1. Whenever a tentative map or a parcel map which is subject to the provisions of this section is submitted to the city, it shall be accompanied by a written statement from the applicant stating whether he or she intends to dedicate land, pay fees in lieu thereof, or a combination of both for park and recreational purposes. If the developer desires to dedicate land for this purpose, he or she shall first consult with the city as to the appropriate area to be dedicated, and such area shall be shown on the tentative map or parcel map as submitted.

2. The conditions of approval of a tentative map or a parcel map subject to the provisions of this section shall require the dedication of land, the payment of fees in lieu thereof, or a combination of both for park and recreational purposes to serve the future inhabitants of the subdivision. If the land is to be dedicated, the proposed dedication shall be shown on the approved tentative map or parcel map. If fees are to be paid, the condition of approval shall require that the fees be paid to the city.

3. The amount and location of land to be dedicated and/or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

4. All land dedicated, fees paid, or a combination of both, must be used only for the purpose of developing new or rehabilitating existing neighborhood or community park and recreational facilities to serve the subdivision.

5. The amount and location of property to be dedicated and the amount of any fees to be paid shall be as approved by the city in accordance with the provisions of this section.

6. Whenever subsequent development occurs on property for which fees have been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units which were not subject to a prior fee or dedication requirement.

7. All dedications of land shall be in accordance with the Subdivision Map Act. Land shall be conveyed in fee simple to the city free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the city agrees to accept. All deeds shall be delivered to the city before the approval of the final map or parcel map. If the final map or parcel map is disapproved, or if it is withdrawn by the subdivider, the deeds shall be returned to the subdivider. If the final map or parcel map is approved, the deeds shall be recorded by the city at the time the final map or parcel map is recorded. No deed for dedication of land shall be accepted unless it is accompanied by a policy of title insurance, secured by the subdivider, in an amount equal to the value of the land dedicated.

8. Whenever land has been conveyed or fees paid to the city and a final map is never recorded or, if recorded, is reverted to acreage, the city shall, at its option, either reconvey all land dedicated to it, repay all fees paid without interest, allow the developer a credit for any land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other arrangements with the subdivider.

9. Land which has been dedicated and accepted may be sold by the city if the subdivider has not begun substantial construction on the subdivision and the City Council determines that another site would be more suitable for local park or recreational facilities. The proceeds from the sale of the land must be used for the purchase of the more suitable site.

10. Whenever fees are to be paid, the fees shall be paid at such time as is agreed upon by the subdivider and the city through the conditions of approval. Payment may be required prior to recordation of the final map or parcel map if the fees are to reimburse the city for expenditures previously made, or if the city determines that the fees will be collected for park and recreation facilities for which an account has been established and funds appropriated and for which the city has adopted a proposed construction schedule or plan. Payment may be deferred to the date of the issuance of building permits.

11. Whenever fees are paid pursuant to this section, the city shall deposit them into a separate park fund.

12. All fees paid must be used only for the purpose of developing new or rehabilitating existing neighborhood or community park and recreational facilities to serve the subdivision. The development of new park and recreational facilities includes, but is not limited to, the acquisition of land for neighborhood or community parks for recreational purposes.

13. Fees paid pursuant to this section shall be expended for use only within the boundaries of the city and as specified herein and the city shall maintain appropriate records to reflect such expenditures.

14. A subdivider of any tentative map or parcel map which was approved prior to the effective date of this section may apply to be reassessed pursuant to the provisions of this section, provided the fees have not yet been paid and, in such event, all other provisions of this section shall apply. Upon such application, the city shall determine the amount of fees required, and the matter need not be set for hearing before the City Council or the Planning Commission unless a dedication of land or a credit as provided in subsection (F)5. of this section is requested by the subdivider or recommended by the Planning Department.

(G) Land dedication and fee determinations.

1. Whether the conditions of approval for a land division shall require the dedication of land, the payment of fees, or both, shall be based on the following:

(a) The natural features of the area; topography; geology; available access; the location, size and shape of the subdivision; the land available for dedication; the feasibility of dedication; the location of existing and proposed park sites and trailways; suitability for patrol, supervision and maintenance; and the compatibility of dedication with the city’s general plan and parks master plan adopted by the city;

(b) For subdivisions containing 50 parcels or less, only the payment of fees may be required, provided, however, that when a condominium project, stock cooperative or community apartment project, as those terms are defined in Article 2 of Cal. Civil Code Division 4, Part 5, Chapter 1, exceeds 50 dwelling units, the dedication of land may be required even though the number of parcels may be less than 50. Nothing in this section shall prevent the city from accepting the voluntary dedication of land by a subdivider for a subdivision containing less than 50 parcels if the dedication meets the other requirements of this section; and

(c) Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.

2. (a) Unless a different number is set forth in the parks and recreation plan, the average number of persons per unit (density) for calculating the amount of land to be dedicated or the amount of fee to be paid, or a combination of both, shall be 4.37 according to the U.S. Census Bureau, Census 2000.

(b) The amount of land to be dedicated or fees paid shall be based on the residential density of the subdivision and shall be determined by multiplying the number of dwelling units of the subdivision by the average number of persons per unit (as determined pursuant to this subsection (G)2.) by a coefficient equaling the number of acres of park land required per person (currently set at 0.005).

3. Whenever land will be dedicated, the following provisions shall apply:

(a) Whenever land is dedicated, the subdivider shall, without credit, provide the following for the benefit of the land dedicated:

(1) Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation of existing public utility facilities, street paving, traffic control devices, street trees and sidewalks to the dedicated land;

(2) Fencing along the property lines of the subdivision which are contiguous to the park;

(3) Improve the drainage through the park site;

(4) Provide minimal physical improvements, not including recreational facilities, building, or equipment, which the city determines are necessary for acceptance of the land for park and recreational purposes;

(5) Provide access from the park and recreational facilities to an existing or proposed public street, unless the city determines that such access is unnecessary for maintenance of the park area or use of the park by the residents of the area;

(6) Water, sewer, grading and drainage improvements in addition to those grading, drainage, irrigation and planting improvements required under other city ordinances. All land to be dedicated and improvements to be made should be approved by the city prior to the approval or disapproval of a subdivision;

(7) All grading plans for land to be dedicated shall be reviewed and approved by the city for conformance with the city’s general plan and any other parks and recreation plans and the needs of the city; and

(8) No grading, drainage, irrigation, planting, street or utility improvements required under this section shall be eligible for a credit against the land to be dedicated or fees paid under the provisions of this section.

4. Whenever a fee is to be paid in lieu of the dedication of land, the following provisions shall apply.

(a) The amount of the fee shall be determined by multiplying the number of acres of land required to be dedicated pursuant to subsection (G)2. of this section by the per acre fair market value of the land within the subdivision which would otherwise be dedicated.

(b) The per acre fair market value of the land within the subdivision which would otherwise be required to be dedicated shall be based on the zoning of the property contemplated under the development approval and on the value of the land within the subdivision as if it were improved only with those improvements specified in subsection (F)3. of this section. The value of any structures other than those improvements specified in subsection (F)3. of this section shall not be considered when determining fair market value. Alternatively, the fair market value may be determined by adding 20% of the fair market value of the land (without those improvements specified in subsection (F)3. of this section), to account for the cost of improvements. The fair market value shall be determined and agreed to by the City Council and the subdivider. However, if an agreement on the fair market value cannot be reached, the subdivider may, at his or her own expense, obtain an appraisal of the property if the City Council does not accept the subdivider’s appraisal, the fair market value shall be determined by the City Council after consultation with the office of the County Assessor for Merced County.

5. The subdivider may receive a credit against the payment of fees or the dedication of land as follows.

(a) Common interest developments, as defined in Cal. Civil Code § 1351, shall be eligible to receive a credit, as determined by the City Council, against the amount of land required to be dedicated or the amount of the fee imposed pursuant to this section, for the value of private open space within the development which is usable for active recreational uses.

(b) A credit may be given against the requirement for the payment of fees or the dedication of land required by this section for the reasonable value of park and recreation improvements, including any equipment, provided by the subdivider to the dedicated land. The amount of the credit shall be determined prior to the approval or conditional approval of the tentative map or parcel map. The granting of a credit shall be made by the City Council and shall be based on an approved set of improvement plans. However, the city reserves the right to require in lieu fees if it finds the improvements unacceptable.

(c) (1) A credit may be given where private areas for park and recreational purposes are provided in a subdivision and such areas are for active recreational uses, to be privately owned and maintained in common by the future owner(s) of the development. Such areas may be credited against up to 50% of the requirement of land dedication or fees at the discretion of the City Council; provided, that the City Council determines that it is in the public interest to grant such credits and that all of the following standards either have been or will be met prior to approval of the final map or development permit:

A. That yards, court areas, setbacks and other open space areas, as may be required to be maintained by this code, the building code and other regulations, shall not be included in the computation of such private areas;

B. Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions;

C. That the use of the private area is restricted for park and recreational purposes by an open space easement or other instrument; and

D. That the proposed private area is reasonably adaptable for use of park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.

(2) A. ACTIVE RECREATIONAL USES means, for the purposes of this section, recreation facilities occurring on usable level land (5% maximum slope) in a planned development which are designed to provide individual or group activities of an active nature including, but not limited to, open lawn, sports fields, court games, swimming pools, children’s play areas, picnic areas, golf courses and recreational community gardening;

B. Active recreational uses do not include natural open space, nature study areas, and open space for buffer areas, steep slopes, or scenic overlooks. Credits for areas within watercourses, drainage areas or water bodies may be granted only if:

i. Such areas are suitable for active recreational use;

ii. Such areas will actually be used for active recreation; and

iii. The proposed type of active recreational use to be located within such areas is allowed or otherwise permitted by the city’s parks master plan or other plan adopted by the city for parks and recreational facilities.

6. (a) Generally. Notwithstanding the 50% limitation as set forth above, a private open space credit in excess of 50% of the requirement of land dedication or fees payment may be granted by the City Council provided that the proposed recreational use is cited in the city’s general plan or other plan adopted by the city for parks and recreational facilities.

(b) Annual reports.

(1) The city shall maintain a separate account for all land dedications and fee payments received pursuant to this section and shall prepare an annual report for each account. The annual reports shall be prepared no later than 90 days after the fiscal year of the city ends.

(2) The reports shall include each of the following:

A. The land dedications and fee payments received, the balance of the account and the facilities purchased, leased or constructed during the fiscal year;

B. Documentation in support of and justification for the land dedications, fee payments, fee expenditures and any change in the fee account balance;

C. Information describing any changes in boundaries, service area, plan goals, policies, standards, as well as, any changes in park and recreation facility inventory; and

D. A schedule of how, when and where the city intends to use the land dedicated or fees paid, or both, to develop park or recreational facilities to serve the residents of the subdivisions and the anticipated starting dates for the development of the park and recreation facilities. The starting dates shall be reasonable with respect to the need for such parks and facilities, weather constraints, the need to minimize the disruption of the neighborhood, the amount of land and fees received, and the anticipated availability of funds for the operation and maintenance of the parks and facilities which are constructed.

(Ord. 525, passed 4-1-2005)

(A) A subdivider who develops or completes the development of one or more school districts maintaining an elementary school may be required to dedicate to the school district or districts within which such subdivisions are to be located, such land as the City Council deems to be necessary for the purpose of constructing thereon such elementary school or schools as are necessary to assure the residents of the subdivision adequate public school service, except that the City Council shall not require the dedication of an amount of land which would make the development of the remaining land held by the subdivider economically unfeasible or which would exceed the amount of land ordinarily allowed under the procedures of the state allocation board.

(B) This section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to filing of the tentative subdivision map.

(C) The requirement of dedication shall be imposed at the time of approval of the tentative subdivision map by the City Council if, within 30 days after the requirement of dedication is imposed by the City Council, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, this requirement shall be automatically terminated.

(D) The required dedication shall be made any time before, concurrently with, or up to 60 days after the filing of the final map for any portion of the subdivision.

(E) The school district to which the property is dedicated shall record a certificate with the County Recorder, containing therein all information required by Cal. Gov’t Code § 66478.

(F) The school district shall pay the subdivider any costs, if it accepts the dedication, as are provided in Cal. Gov’t Code § 66478.

(G) In the event the school district does not require the dedication of land for a future elementary school site or the subdivider cannot dedicate land because of unavailability of land in the subdivision for financial feasibility, the subdivider and school shall mutually agree upon an alternative.

(Ord. 295, passed 2-4-1986)

(A) The city may require that areas of real property within a subdivision be reserved for parks, recreational facilities, fire stations, police stations, libraries or other public uses, subject to the following conditions:

1. The requirement is based upon an adopted specific plan or an adopted general plan containing a community facilities element, a recreation element and the required reservations are in accordance with definite principles and standards contained therein;

2. The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner; and

3. The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible.

(B) The reserved area shall conform to the adopted specific or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices.

(C) The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within 21 years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

(D) If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

(Ord. 295, passed 2-4-1986)

Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas established pursuant to the Cal. Gov’t Code § 66483. The fees to be paid by the subdivider will be based on the city master drainage plan and other supplemental documents.

(Ord. 295, passed 2-4-1986)

The City Council may require the payment of a fee as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways or constructing major thoroughfares subject to the following requirements:

(A) Fees may be required for facilities as provided in the Subdivision Map Act, Cal. Gov’t Code § 66484(a) when they are identified by the circulation elements, transportation or flood control provisions of the city’s general plan;

(B) A public hearing shall be held and notice shall be given as provided in Subdivision Map Act, Cal. Gov’t Code § 66484(a)(2);

(C) The boundaries of the area of benefit, the cost, and a fair method of allocation of costs to the area of benefit and fee apportionment shall be determined at a public hearing as provided in Subdivision Map Act, Cal. Gov’t Code § 66484(a)(3);

(D) Fees shall not be required unless the requirements of Subdivision Map Act, Cal. Gov’t Code § 66484(a)(4) and (5) have been met;

(E) Protests may be filed and proceedings shall be abandoned as provided in Subdivision Map Act, Cal. Gov’t Code § 66484(a)(6); and

(F) All procedures for imposing and handling fees shall be as provided by Subdivision Map Act, Cal. Gov’t Code § 66484.

(Ord. 295, passed 2-4-1986)

(A) Supplemental improvements; requirement. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements, pursuant to the provisions of Subdivision Map Act, Cal. Gov’t Code §§ 66485 et seq.

(B) Supplemental improvements; reimbursement agreement; funding procedures.

1. No charge, area of benefit, or local benefit district shall be established unless and until a public hearing in accordance with the provisions of § 6-9-6 of this chapter is held thereon by the City Council, and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

2. The notice required by § 6-9-6 of this chapter, shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten days prior to the date established for hearing.

(C) Supplemental improvements; drainage, sewage, bridges and major thoroughfares. If the city has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this chapter, the city may impose a reasonable charge on property within the area benefitted and may provide for the collection of said charge as set forth in this chapter. The city may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges, or thoroughfares, and the charges collected by the city therefor may be utilized to reimburse the subdivider as set forth herein.

(Ord. 295, passed 2-4-1986)