McFarland Municipal Code Ch. 16.34 Parks and Recreational Land Division

Footnotes:

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Editor's note— Ord. No. 336-2008, § 1, adopted November 19, 2008, in effect repealed the former Chapter 16.34, §§ 16.34.010—16.34.060, and enacted a new Chapter 16.34 as set out herein. The former Chapter 16.34 pertained to similar subject matter and derived from Ord. No. 216, 1988 and Ord. No. 321-2007, adopted August 9, 2007.

City believes that it is necessary to have park and recreational facilities available to its residents. The purpose of this chapter is to describe how such facilities for new subdivisions will be financed and provided by fees described in Government Code Sections 66000 et seq. ("impact fees") and fees, dedications of land in lieu of thereof, or both under Government Code Section 66477 ("QuimbyAct"). Park and recreational facilities within the city are owned, developed, and operated by the McFarland Recreation and Parks District, a subdivision of the state of California duly organized pursuant to Sections 5780 et seq. of the Public Resources Code of the state ("district"). The city also may own, develop, and operate such facilities. The land to be conveyed or the fees to be paid under the Quimby Act and by impact fees adopted by the district in conformance with this chapter shall be conveyed or paid directly to the district in the manner hereinafter described. Use of the land and the fees shall be pursuant to the schedule developed by the district in its master plan ("master plan") specifying how, when, and where the district will use the land or the fees, or both, to develop park and recreational facilities. Impact fees adopted by the city shall be paid to the city.

(Ord. No. 002-2009, § 1, 5-14-09; Ord. No. 326-2008, § 1, 11-19-08)

As a condition of approval of a tentative subdivision map or residential parcel map within the jurisdiction of the city, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, pursuant to the Quimby Act and pay impact fees as set forth in this chapter, for park and recreational purposes at the time and according to the standards and formula contained in this chapter.

(Ord. No. 002-2009, § 1, 5-14-09; Ord. No. 326-2008, § 1, 11-19-08)

A. The amount and location of land to be dedicated or fees to be paid under the Quimby Act will be jointly determined by the city and the district, provided, however, that the master plan will be used in the determination of same unless the city, in the reasonable exercise of its discretion, determines that other documentation, studies, or information should receive the same level of consideration as the master plan. The formula for determining the amount of land to be dedicated shall be established by use of the following formula:

The terms used in the above formula have the following definitions:

1. "A" means the area in acres required to be dedicated or to be appraised for payment of a fee.

2. "5.0" means the number of acres per one thousand persons.

3. "No. D.U." means the number of dwelling units proposed in the subdivision which shall be the number proposed for construction. When the actual number of units to be considered is unknown, it shall be assumed for the purpose of this chapter that the maximum number permissible by law will be constructed.

4. "D.F." means the density factor applicable to the subdivision which shall be as described in Subsection (a)(2) of Section 66477 of the Government Code of the state.

B. The amount of the impact fees for the district shall be established by the district and the amount of the impact fees for the city shall be established by the city.

(Ord. No. 002-2009, § 1, 5-14-09; Ord. No. 326-2008, § 1, 11-19-08)

A. At the time of submission of a tentative tract map or parcel map ("map"), city shall send a copy of the map to the district. The district shall thereafter notify the city that either land shall be dedicated or fees paid or both under the Quimby Act and, if land is to be dedicated, district shall designate the location of the land to be dedicated which shall be in compliance with the city's general plan and the district's master plan. The subdivider shall show the land on its map as open space for park or recreational facilities required to be dedicated to the district. The land shall be conveyed directly to the district by the subdivider.

B. Where a fee is required to be paid in lieu of land dedication under the Quimby Act, the amount of such fee shall be determined by appraisal to determine the fair market value of the land which would otherwise be required to be dedicated. The cost for the appraisal shall be paid by the subdivider. The appraiser shall be chosen by the district and the district shall obtain the appraisal. The fair market value shall be based on the value of the lots as if contained in a tentative tract map or parcel map approved or conditionally approved by the planning commission or the city council and ready for approval as a final map and for recordation. The appraised value shall be reviewed annually and revised accordingly until the fees are paid in full. The subdivider shall pay the cost of such annual review and revision. The fees shall be paid directly to the district by the subdivider.

C. Conveyance of dedicated land or payment of fees under the Quimby Act shall be made prior to recordation of the final tract map or parcel map or simultaneously therewith and conveyance of dedicated land shall be by grant deed in fee simple to the district by the subdivider free and clear of all monetary liens and those encumbrances which will unreasonably interfere with the use of the property for park and recreation purposes as reasonably determined by district.

(Ord. No. 002-2009, § 1, 5-14-09; Ord. No. 326-2008, § 1, 11-19-08)

A. When only a portion of the land for the subdivision is proposed in the master plan as the site for a park or recreational facilities, such portion shall be dedicated, and a fee computed under the Quimby Act pursuant to the provisions of Sections 16.34.030(A) and 16.34.040 shall be paid for any additional land that would have been required to be dedicated. When a major part of the local park or recreational facility has already been acquired by the district and only a small portion of land is needed from the development to complete the site, the remaining portion shall be dedicated and a fee computed and paid for any additional land that would have been required to be dedicated pursuant to Section 16.34.030(A).

B. Where the proposed subdivision has been recently annexed into the city and if not yet incorporated into the master plan, the amount of land dedication or fee to be paid shall be determined as described in Section 16.34.030(A) unless the subdivider requests that the land be incorporated into the master plan in which case the district shall proceed to do so at the sole cost of the subdivider and, after completion of same, the land to be dedicated or fees to be paid shall be based on the updated master plan.

(Ord. No. 002-2009, § 1, 5-14-09; Ord. No. 326-2008, § 1, 11-19-08)

If the subdivider proposes to make park and recreational improvements or install park and recreational equipment to the dedicated land, subdivider shall first determine from the district the value of those improvements or equipment and the amount of the credit to be given to the subdivider by the district toward the amount of land to be dedicated or the fees to be paid under the Quimby Act and this chapter. If the improvements or the equipment are to be made a condition of the map or development, district shall provide specific information to the city with regard to same sufficient for the city to include the foregoing as conditions, otherwise, they shall not be included.

(Ord. No. 002-2009, § 1, 5-14-09; Ord. No. 326-2008, § 1, 11-19-08)

Notwithstanding any other provision to the contrary under this chapter, city may authorize recordation of a final map or issuance of building permits prior to the conveyance of land or payment of fees under the Quimby Act or prior to payment of impact fees but shall not issue a certificate of occupancy on any residential dwelling or unit within the development until the land has been conveyed or the fees paid.

(Ord. No. 002-2009, § 1, 5-14-09; Ord. No. 326-2008, § 1, 11-19-08)