§ 9.11

(a)

Requirements. Any person who proposes to divide real property for the purpose of creating a residential subdivision or a parcel map for residential use shall pay a park fee or provide park land in accordance with the requirements of this Chapter.

(b)

Method of fulfilling requirements. The requirements of this Chapter shall be complied with by the provision of park land or the payment of park fees, or by a combination of both. Provision of park land shall not be required for parcel maps or subdivisions containing 50 parcels or less; except that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. Whenever a person proposes to provide park land, such person shall comply with the requirements of Subsection (h).

(c)

Amount of park land required.

(1)

When the requirements of this Code are met solely on the basis of dedicating park land, the amount of land to be provided shall be computed by multiplying the number of proposed dwelling units by the park land acres per dwelling unit in accordance with the appropriate density classification in the following table:

(2)

In the event the area to be dedicated is bounded or abutted by existing or proposed street frontage, the subdivider shall, at the time of approval of the tentative map, agree to a condition to provide curbs, gutters, sidewalk, drainage facilities, street lighting, stop lights, street signs, matching pavement and street trees to full city standards, to stub-in requested standard improvements required for residential property plus initial on site grading required for developing the park facility; provided, however, that, with the approval of the Planning Commission or City Council, whichever acts last on the tentative map, and in lieu of making said improvements, the subdivider may pay a sum as estimated by the City Engineer sufficient to cover the cost of said improvements.

(d)

Amount of park fees required.

(1)

When the requirements of this Code are met solely on the basis of the payment of park fees, the amount of such fees shall be computed by multiplying the number of proposed dwelling units by the park land acres per dwelling unit shown in the table of Subsection (c), and by multiplying the resultant acreage amount by the land value of the land being developed, per acre.

(2)

The land value shall be based on the average per acre value of the property to be subdivided at the time of recording the final subdivision map, adjusted to reflect the value of such an acre of property rough graded to a maximum one percent slope. Fair market value shall be determined as of the date on which the parcel or final map is filed.

(3)

Land value initially shall be determined by negotiations between the Development Services Director and the subdivider. If these negotiations are unsuccessful, the land value shall be determined by a member of the Appraisal Institute (MAI) mutually agreed upon by the Development Services Director and the subdivider. The subdivider shall pay for the cost of the appraisal. The subdivider shall select the appraiser from a list of three provided by the Development Services Director.

(4)

In addition to the fee to be paid in lieu of land dedication, the subdivider shall also pay an amount equal to 20 percent of the in-lieu fee to provide curbs, gutters, drainage facilities, street lighting, stop lighting, stop lights, sidewalks, street signs, matching pavement and street trees to full city standards, stubbing in of requested utility line services to the park facility, and all standard improvements required by the City for residential subdivisions.

(5)

Following recommendations received from the Planning Commission, the City Council may modify by resolution the above procedure for determining land value.

(e)

Reserved.

(f)

Amount of park land and park fees combined. Whenever the requirements of this Chapter are complied with by both the provision of park land and payment of park fee, the amount of the park fee shall be computed by determining the required amount of park land in accordance with the provisions of Subsection (c). and subtracting the amount of park land actually provided. The remainder shall be converted to a fee in accordance with the provisions of Subsection (d).

(g)

Improvement of dedicated park land. If the person is required to provide dedicated park land and provides park and recreational improvements to the dedicated land pursuant to a development plan approved by the City, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this Chapter. Value of such improvements shall be the cost to the developer.

(h)

Park land requirements. Any person meeting either all or part of the requirements of this Chapter by providing park land shall comply with the following requirements:

(1)

If the proposed park land is within or contiguous to the boundary of a tentative tract or parcel map, it shall be shown on the tentative tract or parcel map.

(2)

If the proposed park land is outside the boundary of the tentative tract or parcel map, it shall be shown on a separate map accompanying the tentative tract map or shall be consistent with an approved park implementation plan.

(3)

If the Planning Commission makes a determination that the future residents will be better served by the establishment of a park in a different location than that proposed, it may require payment of a park fee for all or part of the required park land, and the amount of park land required to be shown on the tentative map shall be reduced by an equivalent amount.

(4)

Any proposal to provide park land on real property zoned for multiple residential uses shall include a statement on the face of the map specifying the number of proposed dwelling units, and the amount of park land required shall be computed on the basis of the number of dwelling units shown on the face of the map. If the number of building permits for dwelling units exceeds the amount proposed on the face of the tentative map, an appropriate park fee in accordance with the requirements of Subsection (d). shall be paid for the additional dwelling units or additional acreage dedicated.

(5)

Each proposal to provide park land shall require a determination by the Development Services Director as to compliance with the regulations, standards and criteria specified by this Title and the conservation/open space element of the General Plan. The Development Services Director shall report all findings to the Planning Commission. All park land shown on a tentative tract or parcel map or a subdivision of land shall be recorded on a final tract map or a parcel map. Such map shall include an irrevocable offer of dedication to the City.

(i)

Park fee procedures. Park fees shall be approved by the Planning Commission. The amount of park fees shall be computed in accordance with the provisions of Subsection (d), based on the value of the land being developed at the time the building permits are issued. Fees shall be paid prior to issuance of building permits or at such time as otherwise provided by resolution of the City Council.

Any recommendation of approval of the payment of park fees shall be made by the Planning Commission prior to or concurrently with the approval of the tentative map, and such approval shall be shown on the face of the tentative map and by conditions of approval.

(j)

Change in requirements after approval of tentative map or division of land. If any person proposes to change the amount of the park land or the payment of the park fee, or the size, shape, location, terrain or improvements of the park shown on an approved tentative tract map, or tentative parcel map, such change shall be deemed to be a revision of the tentative tract map or tentative parcel map, and shall require the filing of a new or revised map.

(k)

Standards. All required local park land provided in compliance with this Chapter shall comply with the standards and criteria contained in the conservation/open space element of the General Plan.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 18-01, § 13, 2-14-2018)

Chapter 9.12 - Floodplain Management Regulations

Sec. 9.12.010. - Statement of purposes.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide [i.e., mudflow] or flood related erosion areas. These regulations are designed to:

(a)

Protect human life and health;

(b)

Minimize expenditure of public money for costly flood control projects;

(c)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d)

Minimize prolonged business interruptions;

(e)

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

(f)

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

(g)

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

(h)

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. No. 20-01, § 2, 1-8-2020)