Article 2 — PARKLAND DEDICATIONS

This Section is enacted pursuant to authority granted by Section66477 of the Government Code of the State of California ("Quimby Act").

In accordance with Government Code Section 66477(a), each subdivider of land subject to the Subdivision Map Act (Government Code Section66410 et seq.) and the City’s subdivision ordinance shall, as a condition to filing a final subdivision map, dedicate land, pay fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational purposes, including open space. In accordance with Government Code Section 66477(b), land or fees required under this Ordinance shall be conveyed or paid directly to the City, which provides park and recreational services on a community wide level and to the area within which the proposed development will be located, if the City elects to accept the land or fee, upon approval of the final map.

• a. In accordance with Government Code Section 66477(a)(1), the requirements imposed by Section 9.2.204 shall apply only to subdivision maps filed 30 days or more after this Ordinance has become effective.

• b. In accordance with Government Code Section 66477(a)(3), the land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community parks or recreational facilities, including open space, to serve the subdivision.

• c. In accordance with Government Code Section 66477(a)(5), the amount and location of land to be dedicated 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.

• d. In accordance with Government Code section 66477(a)(6), the City shall develop a schedule specifying how, when, and where it will use the land, fees, or both, to develop park or recreational facilities to serve the residents of the subdivision in a manner consistent with the limitations of this Ordinance and the Subdivision Map Act (Government Code Section66410 et seq.). Any fees collected under this Ordinance shall be committed within five (5) years after the payment of the fees or the issuance of building permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they, without any deductions, 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.

• e. In accordance with Government Code Section 66477(a)(4), park and recreational facilities shall be in accord with principles and standards of the Parks and Recreation element of the Oakley 2020 General Plan ("General Plan") and the Oakley Parks and Recreation Master Plan 2020 ("Parks Master Plan").

• f. In accordance with Government Code Section 66477(a)(7), only the payment of fees may

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City of Oakley, CA

LAND USE REGULATION

§ 9.2.206

§ 9.2.208

be required in subdivisions containing fifty (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 in Civil Code Section 1351, that exceed 50 dwelling units, notwithstanding that the number of parcels in such subdivisions may be less than 50.

• g. In accordance with Government Code Section 66477(a)(8), the requirements imposed by Section 9.2.204, shall not apply to subdivisions containing less than 5 parcels; however, a condition may be placed on the approval of the parcel map for such subdivisions 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, the fee described in Section 9.2.210, may be required to be paid by the owner of each parcel as a condition of the issuance of the building permit.

• h. In accordance with Government Code Section 66477(d), the provisions of this Ordinance do not apply to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five (5) years old when no new dwelling units are added.

It is found and determined in accordance with Government Code Section 666477(a)(2), the Parks Master Plan, and the Park Land Dedication Fee Analysis report prepared by Sinclair and Associates dated March 30, 2003 and adopted by the City ("Report"), that the amount of existing neighborhood and community park land and open space within the City, as calculated pursuant to Government Code Section 66477(a)(2), equals or exceeds 7.02 acres of park land for each 1,000 persons residing within the City. It is also found and determined that the public interest, convenience, health, safety and welfare require that five acres of land for each 1,000 persons residing in a subdivision within the City subject to this Ordinance be devoted to local park and recreational purposes. In accordance with Government Code Section 66477(a)(5), the amount of land to be dedicated, 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. In accordance with Government Code Section 66477(a)(2), the amount of land to be dedicated shall be calculated according to the following formula:

LAND = A x B

• a. "A" means the park and recreation area required per dwelling unit, based on the type of dwelling units of the proposed subdivision and the park area per 1,000 City residents.

  • 1. The park area of the City is determined to be 5 acres per 1,000 people, or .005 acres per person.
  • 2. The park and recreation area required per dwelling unit is established as follows:

    • (a) Single family development. For dwelling units to be constructed on property designated in the City’s adopted General Plan for 5.5 and fewer units per acre, each unit is assigned 3.26 people.

      • Therefore, A = 3.26 x .005 = 0.0163 acres per unit (for community and neighborhood parks and open space).

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City of Oakley, CA

OAKLEY CODE

§ 9.2.208

§ 9.2.212

• (b) Multi-Family development. For dwelling units to be constructed on property designated in the City’s adopted General Plan for more than 5.5 units per acre, each unit is assigned 2.13 people.

Therefore, A = 2.13 x .005 = 0.01065 acres per unit (for community and neighborhood parks and open space).

• b. "B" means the number of dwelling units in the proposed subdivision. For the purpose of this section, the number of dwelling units in the proposed subdivision shall be determined as follows:

  • 1. In areas zoned for one (1) dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the final map.
  • 2. When the subdivision is located in an area zoned for multiple dwelling units per parcel, the number of dwelling units shall equal the maximum number of dwelling units allowed under that zone.
  • 3. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on the final map.
• 4. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved planned development plan.

If fees are required by the City to be paid in lieu of land dedication, such fees shall be equal to the applicable Park Land Acquisition element of the Park Impact Fee for development subject to the Quimby Act, as set forth by resolution duly adopted by the City as from time to time amended.

• 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 City, shall be a credit against the payment of fees or dedication of land otherwise required by this article. To be authorized and approved by the City, park and recreational improvements and equipment provided by 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 Parks Master Plan. Such applicable principles and standards shall include, but not be limited to, relevant portions of the Parks Master Plan establishing standards for neighborhood and community parks and open space.

• b. In accordance with Government Code Section 66477(e), common interest developments such as community apartments, condominiums, and stock cooperatives, as defined in Section 1351 of the Civil Code, shall be eligible to receive a credit not to exceed 25%, as determined by the City, against the land required to be dedicated, or the amount of the fee imposed pursuant to this article, for the value of private open space within the development which is usable for active recreational uses. For the purposes of this section, private open space usable for active recreational uses means private open space that is:

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City of Oakley, CA

LAND USE REGULATION

§ 9.2.212

§ 9.2.216

• 1. At least 3/4 (three-quarters) of an acre in area with the smallest dimension being at least 100 feet clear excluding yards and setbacks normally required by zoning provisions; owned and maintained by a homeowners’ association, available to all residents of the subdivision without restriction, and designated for park and recreational purposes by recorded covenants which run with the land and cannot be defeated or eliminated without consent of the City Council; suitable for active park and recreation purposes taking into consideration such factors as shape, topography, access, and improvements proposed; and 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 City’s adopted General Plan and the Master Plan. Such principles and standards that apply to private open space within common interest developments subject to this section 6 include, but are not limited to, those contained in the Master Plan concerning private and special recreation facilities.

• a. Prior to approval of a subdivision subject to this article, the Planning Commission shall consider the report and recommendation from City staff regarding the following:

  • 1. The amount of land required; or
  • 2. That a fee be charged in lieu of land; or
  • 3. That a combination of land and fee be required; and
  • 4. The location of the park land and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees.

• b. At the time of approval of a subdivision subject to this article, the Planning Commission shall determine whether land, in-lieu fees, or a combination of land and fees shall be dedicated and/or paid by the subdivider based, among other factors considered by the Planning Commission, on the criteria contained in the Parks 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 thirty (30) days. After the receipt and consideration of the report, or after thirty (30) days have passed in the event no report is received, the Planning Commission may take action on the modification.

Dedication of land 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 requirement pursuant to this article.

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City of Oakley, CA

LAND USE REGULATION

§ 9.2.302

§ 9.2.308