Richmond Municipal Code Art. 15.04.708 Reservations and Dedications

The purpose of this article is to establish the reservations and dedications the City may impose on a subdivider as a condition for approval of a tentative map or a parcel map.

A. General. As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries, or other public uses according to the standards and formula contained in this section.

B. Standards and Formula for Reservation of Land. Where a park, recreational facility, fire station, library or other public use is shown in the General Plan or any applicable specific plan, the subdivider may be required by the Planning Commission to reserve sites as so determined by the Planning Commission in accordance with the standards contained in the General Plan or specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the General Plan or any specific plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

C. Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement, consistent with Government Code Section 66480, to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

D. Payment. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

E. Termination. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

A. Purpose. This section is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the policies and standards of the General Plan. The following formula is used to determine the required acres of parkland based on population size:

Formula 15.04.708.030 (A)

Average number of persons per dwelling unit × 3 acres / 1,000 population = Acres required

The following table of population density shall be used:

Table 15.04.708.030: Park Land Dedication Formula

B. Requirements. As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this section.

C. General Standard. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that three acres of property for each one thousand persons residing within the City be devoted to neighborhood and community parks ("local parks") and recreational purposes. For purposes of this Ordinance, park and recreation purposes shall include land and facilities for the activity of "recreational community gardening," which activity consists of the cultivation by persons other than, or in addition to, the owner of the land, of plant material not for sale.

D. Standards and Formula for Dedication of Land. Where a park or recreational 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 to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula:

1. Formula for Determining Amount of Acreage. The formula for determining acreage to be dedicated per dwelling unit shall be as set out in subsection 15.04.707.030(A).

2. Parcels—Including Dwelling Unit Construction. On parcels where dwelling units are to be constructed as part of the subdivision operation, the actual type of dwelling unit to be constructed shall be used in the computation of the acreage of park land to be dedicated.

3. Parcels—Not Including Dwelling Unit Construction. On parcels where the construction of dwelling units is not a part of the subdivision operation, the acreage of park land to be dedicated shall be computed on the basis of the maximum allowable density of dwelling units combined with the type of dwelling unit yielding the maximum acreage. If fees are paid in lieu of land dedication, and if dwelling units are constructed on parcels within ten years after the date the final or parcel map was recorded which result in a lesser fee when computed pursuant to the provisions of this section, then the subdivider may request a refund of the excess fee previously paid.

4. Resubdivision of Parcels. Whenever a parcel of land is resubdivided, full credit shall be given for the acreage of land dedicated or the amount of in-lieu fee paid at the time the parcel was originally subdivided.

E. Formula for Fees in Lieu of Land Dedication.

1. General Formula. If there is no park or recreation facility designated in the 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 the land prescribed for dedication in this section and in an amount determined in accordance with the provisions of subsection A above, such fee to be used for a local park that will serve the residents of the area being subdivided.

2. Fees in Lieu of Land—Fifty or Fewer Parcels. If the proposed subdivision contains fifty or fewer parcels, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in subsection A of this section and in an amount determined in accordance with the provisions of subsection D.

a. Use of Money. The money collected hereunder shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the Planning Commission deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. The money collected may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision for which fees were paid as a condition to the approval of a tentative map or parcel map is located, if all of the following requirements are met:

i. The neighborhood in which the subdivision for which the fees were paid has a park area that meets or exceeds three acres per 1,000 persons.

ii. The City Council holds a public hearing before using the fees pursuant to this subparagraph.

iii. The City Council makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used.

iv. The fees are used within a specified radius that complies with this Ordinance and are consistent with the General Plan and any applicable specific plan. For purposes of this clause, "specified radius" includes a planning area, zone of influence, or other geographic region designated by the City, that otherwise meets the requirements of this section.

b. Time Limits. Any fees collected under this Ordinance shall be committed within five years after the payment of the fees or the issuance of building permits on one-half 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.

F. Criteria for Requiring Both Dedication and Fee. In subdivisions of more than fifty lots, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

1. Where only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of subsection E of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection D.

2. When a major part of the local park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provisions of subsection E of this section shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to subsection D, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.

G. Amount of Fee in Lieu of Park Land Dedication. Where a fee is required to be paid in lieu of park land dedication, the amount of fee shall be the price of the land which would otherwise be required to be dedicated pursuant to subsection E of this section at the rate of $40,000 per acre or such other amount as the City Council may set.

H. Determination of Land or Fee. Whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by the Director in consultation with the Director of Publix Works, in consideration of the following:

1. Recreational element or other applicable portions of the General Plan.

2. Topography, geology, access and location of land in the subdivision available for dedication.

3. Size and shape of the subdivision and land available for dedication.

4. The feasibility of dedication.

5. Compatibility of dedication with the General Plan.

6. Availability of previously acquired park property.

Only the payment of fees may be required in subdivisions containing 50 or fewer parcels, except that when a condominium project, stock cooperative, or community apartment project, as those terms are defined in Sections 4105, 4125, and 4190 of the Civil Code, exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be fewer than 50. The determination of the Director as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

I. Credit for Private Open Space. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50 percent, shall be given against the requirement of land dedication or payment of fees in lieu thereof provided that all the following standards are met:

1. Yards, court areas, setbacks and other open areas required by the Zoning Ordinance are not be included in computation of such private open space.

2. Continued maintenance of the private open space is adequately provided for by recorded written agreement, conveyance, or restrictions.

3. Use of the private open space is restricted for park and recreational purposes by a recorded covenant.

4. The private open space for which credit is given is a minimum of three acres and provides a minimum of five of the local basic park elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation and park needs of the future residents of the area:

a. Children's play apparatus area — 0.50 to 0.75 acres,

b. Landscape, park-like and quiet areas — 0.50 to 1.00 acres,

c. Family picnic area — 0.25 to 0.75 acres,

d. Game court area — 0.25 to 0.50 acres,

e. Turf play field — 1.00 to 3.00 acres,

f. Swim pool — 0.25 to 0.50 acres,

g. Recreation center building — 0.15 to 0.25 acres;

Before credit is given, the Director shall make written findings that the above standards are met.

J. Joint or Shared Use Agreements. The City may enter into a joint or shared use agreement with one or more other public districts in the jurisdiction, including, but not limited to, a school district or community college district, in order to provide access to park or recreational facilities to residents of subdivisions with fewer than three acres of park area per 1,000 members of the population.

K. Procedure. At the time of approval of the tentative map or tentative parcel map, the Director shall determine the land to be dedicated and/or fees to be paid by the subdivider. At the time of the filing of the final map or parcel map, the subdivider shall by separate instrument dedicate the land and/or pay the fees as previously determined by the Director. Such land, fees or combination thereof shall be used only for the purpose of providing park or recreational facilities to serve the subdivision. 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.

L. Commencement of Development. At the time of approval of the final map, the City Council shall specify when development of the park or recreational facilities shall be commenced.

M. Exemptions. The provisions of this section shall not apply to subdivisions containing fewer than five parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such parcel map 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 may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

The provisions of this section also shall not apply to industrial subdivisions; nor to condominium projects that consist of the subdivision of air space in an existing apartment building that is more than five years old when no new dwelling units are added to the building; nor to parcel maps for a subdivision containing fewer than five parcels or for a shopping center containing more than 300,000 square feet of gross leasable area and no residential development or uses.

A. Dedication Requirement. As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutter's rights, drainage, scenic easements, public utility easements, and other public easements as determined by the Director of Engineering and Capital Improvement Projects. In addition, the following dedications may be required by the Director of Engineering and Capital Improvement Projects as appropriate:

1. Bicycle Paths. Whenever a subdivider is required to dedicate roadways to the public, he may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle or multi-use paths for the use and safety of the public and residents of the subdivision.

2. Transit Facilities. The subdivider may be required to dedicate or make an irrevocable offer of dedication of land within the subdivision for local transit facilities, such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of a subdivision if the City Council finds that transit services are or will within a reasonable time period be made available to such subdivision.

B. Waiver of Direct Street Access. As a condition of approval of a final map or parcel map, the subdivider may be required by the Director of Engineering and Capital Improvement Projects to waive direct access rights to proposed or existing streets from any property within the subdivision abutting thereon. The area where the access rights are to be waived shall be shown on the final map or parcel map.