Petaluma Municipal Code Ch. 20.34 Park and Recreation Land Dedication and Improvement

1 Editor’s Note: Former Section 20.34.010, DeJnitions and standards, previously codiJed herein and containing

portions of Ord. Nos. 1337 and 1352, was repealed in its entirety by Ord. No. 2301.

The provisions of this chapter shall be applicable only to such property that is currently in; or may be included

within; the boundaries of the city. (Ord. 1352 NCS §2, 1979; Ord. 1337 NCS §2, 1978.)

This chapter is adopted pursuant to the general police power of the city and California Government Code Section

66477 (the "Quimby Act") for the purpose of executing and implementing the park acquisition goals, policies and

programs of the city’s general plan, and applicable zoning requirements, and the Quimby Act:

A. To preserve, enhance and improve the quality of the physical environment of the city;

B. To provide a procedure for the acquisition and development of local park facilities;

C. To secure for the citizens of the city the social and physical advantages resulting from the provision of park

and recreation facilities;

D. To establish conditions which will allow parks and recreation areas to be provided and to exist in harmony

with surrounding and neighboring land uses;

E. To ensure that adequate park and recreation facilities will be provided;

F. To ensure that park and recreation facilities are provided and established in a manner that will permit their

maximum use and enjoyment by the residents of the surrounding area.

(Ord. 2301 NCS §4, 2008.)

2 Editor’s Note: Former Section 20.34.040, Interpretation and application, previously codiJed herein and

containing portions of Ord. Nos. 1337 and 1352, was repealed in its entirety by Ord. No. 2301.

3 Editor’s Note: Former Section 20.34.050, Responsibility and enforcement, previously codiJed herein and

containing portions of Ord. Nos. 1337 and 1352, was repealed in its entirety by Ord. No. 2301.

4 Editor’s Note: Former Section 20.34.060, Park development required, previously codiJed herein and

containing portions of Ord. No 1352, was repealed in its entirety by Ord. No. 2301.

In accordance with subdivision (a) of the Quimby Act, for each subdivision of land subject to the Subdivision Map

Act (California Government Code Section 66410 et seq.) and/or this title and zoned for residential use, the

subdivider shall, as a condition of Jling a Jnal subdivision map, dedicate land, pay fees in lieu thereof, or a

combination of both, for neighborhood and community park or recreational purposes in accordance with this

chapter. In accordance with subdivision (b) of the Quimby Act, land or fees required under this chapter shall be

conveyed or paid directly to the city, which provides park and recreational services on a community-wide basis

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 Jnal map. (Ord. 2301 NCS §4, 2008.)

5 Editor’s Note: Former Section 20.34.080, Manner of compliance, previously codiJed herein and containing

portions of Ord. Nos. 1337 and 1352, was repealed in its entirety by Ord. No. 2301.

It is found and determined in accordance with subdivision (a), paragraph (2) of the Quimby Act, the general plan,

and the Mitigation Fee Act Nexus Report and Quimby Act In-Lieu Fee Report ("report") prepared by Municipal

Resource Group, dated August 14, 2012, including Chapter 5, as adopted by the city council, that the amount of

existing neighborhood and community park land within the city as calculated pursuant to subdivision (a),

paragraph (2) of the Quimby Act equals or exceeds Jve acres of park land for each one thousand persons residing within the city. It is also found and determined in accordance with the general plan that the public interest,

convenience, health, safety and welfare require maintaining a park standard of Jve acres per one thousand

residents. It is further found and determined in accordance with the report that based on the city’s existing park

land inventory, a park land dedication standard of 3.4 acres per one thousand residents will maintain a park land

standard of Jve acres per one thousand residents through general plan build out; and that therefore the public

interest, convenience, health, safety and welfare require that 3.4 acres of park land for each one thousand

persons residing in a subdivision within the city subject to this chapter be dedicated for local park and recreation

purposes within city jurisdiction, or that equivalent fees be paid or a combination of both. In accordance with

subdivision (a), paragraph (5) of the Quimby Act, it is found and determined that the amount of land to be

dedicated, or fees to be paid, bear a reasonable relationship to the use of the park and recreational facilities by

the future inhabitants of the subdivision. In accordance with subdivision (a), paragraph (2) of the Quimby Act, 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 one thousand city residents.

1. The park area of the city is determined to be 5.1 acres per one thousand residents, or 0.0051 acres per

resident. The park area required to be dedicated to maintain a park land standard of Jve acres per one

thousand residents through general plan build out is 3.4 acres per one thousand residents or 0.0034 acres

per resident.

2. The park and recreation area required per dwelling unit is established as follows:

a. Single-Family Unit. For dwelling units to be constructed on property zoned for single-family

development, or for projects approved for such development, each unit is assigned 2.915 residents.

Therefore, A = 2.915 x 0.0034 = 0.0099 acres required per unit.

b. Multifamily Unit. For dwelling units to be constructed on property zoned for multiple-family

development, or for projects approved for such development, each unit is assigned 1.963 residents.

Therefore, A = 1.963 x 0.0034 = 0.0067 acres required per unit.

c. Accessory Dwelling Unit. For accessory dwelling units to be constructed on property where such units

are permitted, or for projects approved for such development, each unit is assigned 1.0 resident.

Therefore, A = 1.0 x 0.0034 = 0.0034 acres required per unit.

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: In areas zoned for one

dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the

Jnal map. 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. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on

the Jnal map. For planned development projects, the number of dwelling units shall equal the number of dwelling

units indicated on the approved planned development plan.

(Ord. 2444 NCS §1, 2012; Ord. 2301 NCS §4, 2008.)

Park land acquisition in-lieu fees due pursuant to this chapter and the Quimby Act shall be equal to the park land

acquisition fees established for single-family and multifamily development in the park land acquisition fee for non-

Quimby Act development adopted by resolution of the city council, and shall be payable at the times and in the

amounts set forth in that resolution. (Ord. 2301 NCS §4, 2008.)

Park fees collected pursuant to this chapter shall be used to acquire park land as follows:

A. Where a park site or sites are reserved within a subdivision, a subdivider shall dedicate the reserved site to

the city. Thereupon, the city shall be required to reimburse the developer for the value thereof, as determined by

negotiation with the subdivider or in the absence of agreement, at no more than the fair market value for the

acreage dedicated, determined pursuant to Section 20.34.010, at the time of Jnal map approval. Where park fees

or a portion thereof are due but not yet collected pursuant to Section 20.34.130, reimbursement by the city shall

be set oM against fees not yet collected. Where the account set aside for park acquisition and development does

not have recorded suLcient funds to cover the reimbursement, no reimbursement shall be due the developer

until such funds are received and recorded in the fund. If a park site is partially located in two or more adjacent

developments, each developer shall receive reimbursement in proportion to the amount of land reserved in each

subdivision.

B. Where required park land or a portion of required park land is not located within the subdivision or where

there are excess funds remaining after land acquisition; fees collected shall be recorded in a special account as set

out in Section 20.34.190 to satisfy the need for acquisition and improvements of parks to serve the subdivision.

(Ord. 1352 NCS §2, 1979; Ord. 1337 NCS §2, 1978.)

Where a park or a portion thereof is located within the boundaries of a new subdivision; the developer; through

the agreement to construct public improvements; shall be required to provide all required improvements; and be

reimbursed for the cost thereof from the fees collected from the subdivision or from other subdivisions in the

same manner as set out for land reimbursement by Section 20.34.110. Those park improvements required by

Section 20.34.060 may be constructed at a diMerent time than other public improvements; upon consent of the

city. (Ord. 1352 NCS §2, 1979; Ord. 1337 NCS §2, 1978.)

At the time of the acceptance of the dedication of land pursuant to this chapter; the director of community

development shall issue a written statement to the applicant setting forth the time when improvement of the park

is expected to begin. (Ord. 1352 NCS §2, 1979; Ord. 1337 NCS §2, 1978.)

Prior to the issuance of any building permit for the establishment of new dwelling unit, the applicant shall have

complied with the provisions of this chapter. Fees due pursuant to this chapter shall be computed at the time of

Jnal map or parcel map approval; and shall be payable on a pro rata basis prior to issuance of building permits for

each housing unit in the subdivision. (Ord. 1352 NCS §2, 1979; Ord. 1337 NCS §2, 1978.)

Park land shall be provided to comply with the requirements of this chapter in accordance with the provisions of

subsections (A) and (B) as follows:

A. Subdivisions Containing More Than Fifty Lots. Any person who proposes to divide real property for the purpose

of creating more than Jfty residential building sites shall reserve park land in accordance with the requirements of

this chapter; as follows:

1. If the proposed park land is within or contiguous to the boundary of the tentative subdivision map; it

shall be shown on the tentative subdivision map;

2. If the planning commission; after consideration of the general plan and the recommendations of the

recreation; music and parks commission; makes a determination that the future residents of the subdivision

will be better served by the establishment of a park in a diMerent location than that proposed by the

subdivider; they may require the subdivider to relocate the park site or remove it from the subdivision map;

as long as such removal or relocation is in conformity with the general plan;

3. Any person who proposes to divide real property for the purpose of creating more than Jfty residential

building sites must reserve a park site if the same is identiJed on the city of Petaluma general plan as being

located within the subdivision.

B. Subdivisions Containing Fifty or Less Lots. Any person who proposes to divide real property for the purpose of

creating Jfty or less residential building sites need not reserve a park site within the subdivision, but may do so if

the same is shown in the city of Petaluma general plan:

1. Any proposal to reserve park land shall be in accordance with the requirements of this chapter,

2. The applicant shall state on the face of the tentative subdivision map or the parcel map if he proposes to

reserve park land.

(Ord. 1352 NCS §2, 1979; Ord. 1351 NCS §1, 1979; Ord. 1337 NCS §2, 1978.)

The park modiJcation procedure as required by Section 20.34.190 shall be followed when considering the

following:

A. Credit for Private Open Space. Where private open space for park and recreational purposes is provided in a

proposed development and such space is to be privately owned and perpetually maintained and operated by the

future residents of the development or the owner; such areas may be credited against the requirement of

reservation of land for park and recreational purposes; and the payment of fees as required by this chapter

provided the city council Jnds it is in the public interest to do so; and that the following standards are met:

1. That yards; court areas; setbacks and other open areas required to be maintained by zoning and building

regulations shall not be included in the computation of such private open space;

2. That the perpetual private ownership and maintenance of the open space is adequately provided for by

a recorded written agreement;

3. That the use of the private open space is perpetually restricted for park and recreational purposes which

cannot be defeated or eliminated without the consent of the city council and in no event without providing

equivalent park and recreational space elsewhere in the development;

4. That the proposed private open space is reasonably adaptable for use for park and recreational

purposes; taking into consideration such factors as size; shape; topography; geology; access and location of

the private open space land; and

5. That facilities proposed for the open space are in substantial accordance with the provisions of the parks

and recreation element of the general plan and are approved by the planning commission.

B. Credit for Extraordinary Improvements. When; in a proposed development; park land or recreational

improvements are to be provided which will contain improvements over and above those required by this chapter;

such extraordinary improvements may be credited against the requirements of reservation of land and/or fees

due for park and recreational purposes; as set forth in this chapter; provided that the city council; upon

considering the recommendation of the planning commission and the recreation; music and parks commission;

Jnds it is in the public interest to do so. Where such a Jnding is made the required park land reservation and fees

may be reduced by an amount to be determined, but in no event shall such amount exceed the value of the

extraordinary improvements. The value of the improvement to be credited will be determined on the same cost

basis as other improvements prescribed in this chapter.

C. Credit for Excess Lands. When, in a proposed development; park or open space lands in excess of the

minimum requirements of this chapter are proposed to be reserved, said excess may be credited against the

requirement of park improvement fees as required by this chapter; provided, that the city council Jnds it in the

public interest to do so. In no event shall such credit exceed the value of the excess land dedicated, as said value is

determined pursuant to this chapter.

D. Method of Obtaining Credit.

1. The applicant desiring credit pursuant to this section shall submit a written request to the city council

Said request shall include a detailed cost breakdown of the land or improvements for which credit is sought.

2. Upon receipt of said application; the city manager shall submit a report thereon containing his

recommendation.

3. If the city council Jnds that the community will beneJt from the excess land or extraordinary

improvements; the city council may authorize an agreement to reimburse the applicant for the excess over

minimum requirements of this chapter. Such reimbursement shall be authorized when the excess land or

extraordinary improvements are imposed as a requirement of the city.

4. The agreement shall set out the terms of reimbursement; and shall include (but not be limited to) the

following provisions:

a. The city shall collect and hold the fees from the area that would utilize the park constructed by the

applicant and reimburse the applicant, but not for a period longer than ten years. The constructing

applicant shall be reimbursed for total costs for its purchase of the park land and the costs of the

improvements located in the streets and other rights-of-way, and for any other required rights-of-way,

and for any other required improvements.

b. The city will reimburse the applicant once yearly; without interest from the collected fees under

Chapter 20.34 of the Petaluma Municipal Code; but may set oM such reimbursement against any other

fees or charges due and payable to the city from the applicant.

(Ord. 1352 NCS §2, 1979; Ord. 1337 NCS §2, 1978.)

map.

If any person proposes to change the amount of reserved park land or the size, shape; location or terrain of the

park shown on an approved tentative subdivision map; such change shall be deemed to be a revision of the

tentative subdivision map and a new or amended map shall be Jled. (Ord. 1352 NCS §2, 1979; Ord. 1337 NCS §2,

1978.)

All required local park land provided in compliance with the requirements of this chapter shall comply with the

standards and criteria contained in the parks and recreation and any other applicable element contained in the

general plan of the city. (Ord. 1352 NCS §2, 1979; Ord. 1337 NCS §2, 1978.)

Park fees shall be paid in the amounts speciJed in this chapter; computed on a per dwelling basis on the date the

Jnal map is approved. In those cases where no subdivision of land is involved; this fee shall be computed on the

date the Jrst building permit for the project is issued. The monies collected from this fee shall be deposited in the

oLce of the city treasurer prior to the issuance of any residential building permits for the building site or sites

from which fees are to be derived.

All park fees paid to the city shall be used to provide for the acquisition and improvement of neighborhood; or

community parks which serve the future owners and residents of the property from which the fees were derived;

and shall be recorded in a special account reserved for such purpose. (Ord. 1967 NCS § 1, 1994; Ord. 1352 NCS §2,

1979; Ord. 1337 NCS §2, 1978.)

Any property owner; subdivider; builder; developer or public agency may apply for a modiJcation of the terms and

requirements of this chapter; as set out in Section 20.34.160. Said application shall be in the same form as; and

shall use the same procedures as that set out for modiJcations in Chapter 20.30. (Ord. 1352 NCS §2, 1979; Ord.

1337 NCS §2, 1978.)

Requests for refunds of park fees paid may be directed to the community development and planning director. The

director may approve a refund or a partial refund of park fees paid when he has veriJed (1) that the refund

amount requested corresponds to the amount of fees actually recorded in the local park trust fund for a given

number of dwellings and (2) that the local park requirement for the lots in question has been met by actual city

council acceptance of park land and required development thereon.

When the community development and planning director approves a refund; he shall request a check from the

treasurer; citing in his request the city council resolution accepting the park land. (Ord. 1352 NCS §2, 1979.)

The provisions of this chapter shall apply to all subdivisions for which application for tentative map is Jled thirty

days after its eMective date. (Ord. 1352 NCS §2, 1979.)

Any action to challenge the provisions of or the application of this chapter to any subdivision shall be Jled in a

court of competent jurisdiction no later than ninety days following the approval of or rejection of a Jnal

subdivision map to which the provisions of this chapter apply. No such action may be brought after rejection of a

Jnal subdivision map unless said rejection was due to the failure of the developer to comply with this chapter.

(Ord. 1352 NCS §2, 1979.)

A. Where the developer and owner of a low and moderate income senior citizens housing project is a charitable;

nonproJt organization recognized as such by the United States Internal Revenue Service and the State of

California Franchise Tax Board, the dedication of land or payment of fees required by this chapter shall not apply.

B. Where a developer or subdivider provides; or agrees to provide housing for low and/or moderate income

persons by dedication of dwellings to the city or to a legal entity operating such housing and approved by the city

council; the dedication of land or payment of fees required by this chapter shall not apply to the units so

dedicated.

(Ord. 1469 NCS §2, 1981; Ord. 1383 NCS §3, 1979.)