Division 2 — CONTRIBUTION OF PARK SITES

SEC. 15-95. PURPOSE.

(A) This division is enacted pursuant to authority granted by Cal. Gov't Code, Section 66477 and is intended to provide a means to implement the adopted parks, recreation and open space element of the general plan and is separate and distinct from the imposition of the city park acquisition and development fee.

(B) The city council finds and determines that the public interest, health, and welfare require the dedication of land and payment of fees for each 1,000 persons as provided in this division for the acquisition and development of park and recreational facilities. The amount and location of land to be dedicated and fees paid, as determined pursuant to this division, shall bear a reasonable relationship to the use of such park and recreational facilities by the future inhabitants of each subdivision

from which such land or fees were obtained.

(`64 Code, Sec. 27-65) (Ord. No. 1570, 1791)

SEC. 15-96. REQUIREMENTS.

As a condition of approval of any subdivision, the developer shall provide land or fees in lieu thereof, or a combination of both, for park or recreational purposes, as follows:

(A) For each 1,000 persons residing within the city there shall be dedicated three acres of land or fees shall be paid in lieu thereof, as determined by the city.

(B) Only the payment of fees shall be required in subdivisions containing 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment projects, as those terms are defined in Section 1351 of the Cal. Civil Code, exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50.

(C) This division shall not apply to any condominium project which consists of the subdivision of airspace in an existing apartment building which is more than five years old, when no new dwelling units are added.

(`64 Code, Sec. 27-66) (Ord. No. 1570, 1791, 2683)

SEC. 15-97. INCREASED DENSITY; LATER RESIDENTIAL DEVELOPMENT.

(A) The commission may recommend, and the city council may condition its approval of any map to require the applicable dedication or the payment of the applicable public parks fee if the density of a development is increased, or a nonresidential development is converted or partially converted to residential use following approval of any map of the development.

(B) The commission may recommend, and the city council may condition its approval of any map depicting fewer than five lots or parcels for nonresidential purposes that, if a building permit is requested for construction of a residential structure on one or more of the parcels within four years, the public parks fee shall be required to be paid in addition to the parks acquisition and development fee by the owner of each such parcel as a condition to the issuance of such permit.

(`64 Code, Sec. 27-67) (Ord. No. 1570)

SEC. 15-98. DETERMINATION OF DENSITY FACTOR AND DWELLING UNITS.

(A) For the purpose of calculating the amount of land to be dedicated and fees in lieu thereof, the population density factor for each dwelling unit is based on the number of bedrooms as follows:

(1)  Single-family detached units and town houses: 3.9 persons per unit.

(2)  Condominiums, stock cooperatives: 2.85 persons per unit.

(3)  Apartments, mobile homes: 2.0 persons per unit.

(B) The basis for determining the total number of dwelling units shall be the number of dwelling units permitted by the city by special use or planned development permit, if one has been issued, or by the number of dwelling units allowed under the zoning of the property included in any map at the time the final map or parcel map is filed with the city for approval.

(`64 Code, Sec. 27-68) (Ord. No. 1570, 1791, 2683)

SEC. 15-99. FORMULA FOR DEDICATION OR FEES.

(A) The amount of land to be dedicated and fees in lieu thereof shall be based on the following formula:

A = 3 (D.F. x D.U.)

1,000

(B) Definition of terms.

(1)  “A” is the area in acres required to be dedicated as park sites or to be approved for fee payment in lieu of dedication.

(2)  “D.F.” is the density factor obtained from preceding section as applicable to the proposed development.

(3)  “D.U.” is the number of dwelling units in the subdivision.

(4)  “3” is the number of acres of land per 1,000 persons.

(5)  “1,000” is the number of persons.

(`64 Code, Sec. 27-69) (Ord. No. 1570, 1791, 2683)

SEC. 15-100. AMOUNT OF FEE IN LIEU OF LAND DEDICATION.

(A) The amount of fee in lieu of land dedication shall be determined by multiplying "A," as derived from section 15-99, times "C," the fair market value of one acre of usable, unimproved park land within the subdivision. Fair market value shall be determined as of, and shall be based on the zoning applicable to the land as of, the date of filing the parcel or final map or of filing an application for a parcel map waiver.

(B) Fair market value shall be determined as follows:

(1)  At the time of filing a parcel map or a final map or applying for a parcel map waiver, the developer shall provide an appraisal of the fair market value of the land

subject to the map, prepared by a qualified appraiser and dated no more than 30 days prior to the date of such filing. Except as provided in subsections (2) and (3) below, the city shall consider the appraisal in determining fair market value.

(2)   If the city is dissatisfied with the appraisal, the city may select a qualified appraiser to appraise the property at the city's expense, and the city shall consider the

appraisal in determining fair market value.

(3)  Alternatively, the city and the developer may agree on fair market value.

(`64 Code, Sec. 27-70) (Ord. No. 1570, 2683)

SEC. 15-101. DETERMINATION OF LAND DEDICATION OR FEE.

(A) The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

(1) At the time of filing a tentative subdivision map for approval, the subdivider shall, as a part of filing, indicate whether the subdivider desires to dedicate property for park and recreation purposes, or whether the subdivider desires to pay a fee in lieu thereof. If the subdivider desires to dedicate land for this purpose, the subdivider shall designate the area thereof on the tentative subdivision map as submitted.

(2)  At the time of tentative subdivision map approval, the city council shall determine whether to require a dedication of land within the map, payment of a fee in lieu

thereof, or a combination of both.

(3) If required, a dedication shall be accomplished in accordance with the provisions of this chapter and the Subdivision Map Act.

(4) Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final map or parcel map and shall be

recorded contemporaneously with the final map or parcel map.

(B) Whether the city council 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:

(1)  Recreational element of the city's general plan;

(2)  Topography, geology, access and location of land in the development or subdivision available for dedication; and

(3)  Size and shape of subdivision or development and land available for dedication.

(C) The determination of the city council as to whether land shall be dedicated, a fee shall be charged, or a combination of both, shall be final.

(`64 Code, Sec. 27-71) (Ord. No. 1570, 1791)

SEC. 15-102. TIME OF PAYMENT OF FEE.

(A) The total amount of all fees required to be paid pursuant to this division shall be paid to the city at the time of issuance of one or more building permits for the subdivision.

(B) If the subdivider, prior to the date upon which fees are otherwise required to be paid under this division, enters into a written agreement with the city providing that at least 20 % of the units in the development will be sold or rented only to lower income families or that at least 10 % of the units in the development will be sold or rented only to very low income families, as defined in Cal. Health and Safety Code, Sections 50079.5 and 500105 respectively, at housing costs affordable to such families, as defined in Cal. Health and Safety Code, Sections 50052.5 and 50053, for a period of at least ten years from the date of such written agreement, the city council may, in such written agreement or in a separate written agreement entered into prior to the date upon which fees are otherwise required to be paid under this section, agree to do either or both of the following:

(1)  Defer payment of all or part of the fees required by this section up to the date that the subdivider first requests electrical service clearance for a unit in the

development;

(2)  Calculate development fees for the project based on such fees in effect as of a date no earlier than the date such fees otherwise would be required to be paid

under this division.

(`64 Code, Sec. 27-71.5) (Ord. No. 1791, 1949, 2031, 2590)

SEC. 15-103. TIME OF DEVELOPMENT; LIMITATION ON USE OF LAND OR FEE.

(A) The land or fees obtained pursuant to this division will be utilized for park or recreational facilities in accordance with a schedule approved by the city council to serve the subdivision from which they were collected in accordance with the following standards:

(1)   If no park has been designated for the neighborhood, only fees shall be collected which may be used for an adjacent neighborhood park, community park or city

park which the city council finds will serve the residents of the subdivision from which the fees were collected.

(2)   If a neighborhood park has been fully or partially developed, or if additional land is not required, only fees shall be collected and any such fees in excess of the

needs of the neighborhood park shall be committed as follows:

  (a) To acquisition or development of a community park to serve the neighborhood;

  (b) To the park acquisition and development fund if the neighborhood park was acquired or developed other than with money from the capital outlay fund; or

  (c) To reimbursement of the capital outlay fund to the extent that money has been expended therefrom for acquisition or development of the neighborhood park.

(3)   If a community park has been fully or partially developed to serve the neighborhood which is served by a fully developed neighborhood park, only fees shall be

collected and any such fees in excess of the needs of the community park shall be committed as follows:

  (a) To acquisition or development of a city park to serve the neighborhoods;

  (b) To the park acquisition and development fund if the neighborhood park or community park was acquired or developed other than with money from the capital

outlay fund; or

  (c) To reimbursement of the capital outlay fund to the extent that money has been expended therefrom for acquisition or development of the community parks.

(B) (1) Any fees collected pursuant to this division shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

(2)   If not so committed, such fees shall be distributed prorata to the then record owners of the lots in the subdivision. Fees which have been appropriated shall be

deemed to have been committed.

(`64 Code, Sec. 27-72) (Ord. No. 1570, 1791)