Pinole Municipal Code Ch. 16.28 Parkland Dedication

* For statutory provisions on dedication see Gov. Code § 66475 et seq.

Prior ordinance history: Ord. 360.

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the recreation element of the general plan of the city. (Ord. 461 § 1(part), 1984).

At the time of approval of the tentative map or parcel map, the planning commission shall determine pursuant to Section 16.28.040 of this chapter the land required for dedication or in-lieu fee payment. As a condition of approval of a final subdivision map or parcel map, determination shall be made whether the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for neighborhood and community park or recreational purposes at the time and according to the standards contained in this chapter. (Ord. 461 § 1(part), 1984).

It is found and determined that the existing neighborhood and community parkland areas exceed five acres of property for each one thousand persons residing in the city and therefor the public interest, convenience, health, welfare and safety require a five-acre park standard for each one thousand additional population. (Ord. 461 § 1(part), 1984).

A. Where a park or recreation facility has been designated in the general plan and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula:

The formula for determining acreage to be dedicated shall be as follows:

2.9 (average persons/unit) : 1,000 population = .0145 ac/DU 5 (ac.) or 631 sq. ft./DU

B. Dedication of the land shall be made in accordance with the procedures contained in Section 16.28.090 of this chapter.

C. For the purposes of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units shall be used. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term “new dwelling unit” does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.

D. The subdivider shall, without credit:

1. Provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this section;

2. Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

3. Provide improved drainage through the site; and

4. Provide other minimal improvements which the planning commission determines to be essential to the acceptance of the land for recreational purposes. (Ord. 461 § 1 (part), 1984).

A. General Formula; Fifty-one Parcels or More. If there is no park or recreation facility designated in the Pinole general plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of that land, plus twenty percent toward costs of off-site improvements, prescribed for dedication in Section 16.28.040 of this chapter, and in an amount determined in accordance with the provisions of Section 16.28.060 of this chapter, such fee to be used for a local or community park which bears a reasonable relationship to serve the present and future residents of the area being subdivided.

For the purposes of this chapter, “off-site improvements” are defined as those improvements which would have been required if land had been dedicated using the provisions of Section 16.28.040.

B. Fees in Lieu of Land; Fifty Parcels or Less. if the proposed subdivision contains fifty parcels or less, the subdivider shall pay a fee equal to the land value, plus twenty percent toward costs of off-site improvements, of the portion of the local park required to serve the needs of residents of the proposed subdivision as prescribed in Section 16.28.040 of this chapter and in an amount determined in accordance with the provisions of Section 16.28.060. However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the planning commission.

C. Use of Money. The money collected hereunder shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivisions. (Ord. 461 § 1(part), 1984).

When a fee is to be paid in lieu of land dedication, value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication pursuant to Section 16.28.040 plus twenty percent toward costs of off-site improvements, such as extension of utility lines. The fees shall be calculated as follows:

Formula for Computation of Dwelling Unit (DU) Fee

631 (required sq. ft. dedication/DU) X $8 (land value) X 1.2

(20% off-site improvement) = $6,057 Residential Dwelling Unit Fee

This formula may be modified pursuant to the provisions of Chapter 16.28 to reflect approved parkland dedication. (Ord. 2005-06 § 1, 2005; Ord. 461 § 1(part), 1984).

Whether the planning commission 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:

A. The natural features, access and location of land in the subdivision available for dedication;

B. The size and shape of the subdivision and land available for dedication;

C. The feasibility of dedication;

D. The compatibility of dedication with the Pinole general plan; and

E. The location of existing and proposed park sites and trailways. (Ord. 461 § 1(part), 1984).

No credit shall be given for private open space in the subdivision except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003.1 of the Business and Professions Code, partial credit, not to exceed seventy-five percent shall be given against the requirement of land dedication or payment of fees in lieu thereof if the planning commission finds that it is in the public interest to do so and that all the following standards are met:

A. Yards, court areas, setbacks and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and

B. Private park and recreation facilities shall be owned by a homeowners association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a one hundred percent affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities; and

C. Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor; and

D. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

E. Facilities proposed for the open space are in substantial accordance with the provisions of the recreation element of the general plan. (Ord. 461 § 1(part), 1984).

A. At the time of approval of the tentative map or parcel map, the planning commission shall determine pursuant to Section 16.28.040 of this chapter the land required for dedication. If the planning commission requires in-lieu fee payment by the subdivider, the planning commission will set the amount of land upon which the in-lieu fee will be based.

B. At the time of the filing of the final subdivision map or parcel map, the subdivider shall dedicate the land as required by the planning commission. Where the planning commission has determined that fees shall be paid in lieu of or in addition to the dedication of land, these fees shall be paid on a lot-by-lot basis prior to the issuance of any building permit for any building or structure to be located upon any one of the lots in the subdivision. The in-lieu fees shall be based on the land dedication requirements established at the time of tentative map approval using current land values at the time of building permit issuance as set forth in Section 16.28.060. Open space covenants for private park or recreation facilities shall be submitted to the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map. (Ord. 461 § 1(part), 1984).

A. Fees determined pursuant to Section 16.28.060 of this chapter shall be paid to the city and shall be deposited into the subdivision park trust fund. Money in said fund, including accrued interest, shall be expended solely for acquisition or development of parkland, or improvements reasonably related to serving the subdivision.

B. If such fees are not committed to a specific project within five years after the issuance of building permits on one-half the lots created by the subdivision, these fees, less an administrative charge, 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 in the subdivision.

C. The City Manager shall report to the City Council at least annually on income, expenditures and status of the subdivision park trust fund. (Ord. 461 § 1(part), 1984).

The provisions of this chapter do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building when no new dwelling units are added. (Ord. 461 § 1(part), 1984).

The planning commission in its discretion may grant a total or partial credit for the value of park and recreation improvements provided by the subdivider to dedicated land against the fees or dedication of land required by this chapter. (Ord. 461 § 1(part), 1984).

All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the planning commission if the planning commission determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents. (Ord. 461 § 1(part), 1984).