§ 16.14

A.

Authority. This section is enacted pursuant to Government Code Section 66477.

B.

Requirements. As a condition of approval of a tentative or parcel map, the subdivider shall dedicate land, pay a fee instead, or do a combination of both for park or recreational purposes according to the standards and formula in this section.

C.

General Standard. The dedication of land or payment of fees, or both, shall be the proportionate amount necessary to provide five acres of park area per one thousand persons residing within a subdivision.

D.

Standards and Formula for Dedication of Land.

1.

Where a park or recreation facility is designated in the open space, parks and public facilities element of the general plan to be located in whole or part within a proposed subdivision, the subdivider is required to dedicate usable land for a local park. All park land shall be dedicated free and clear of all liens and encumbrances to the city and shall conform to the provisions of this section.

2.

The amount of land to be dedicated shall be five acres of park for each one thousand persons. This acreage shall be in net acres and shall not include any public rights-of-way within or adjacent to the proposed park site. Unless there is evidence to the contrary, the following criteria shall be used to estimate population: For single-family homes, the average population per dwelling unit is three and two-tenths persons per dwelling unit; for multiple family homes, the average population per dwelling unit is two persons per dwelling unit.

3.

The subdivider shall, without credit, provide:

a.

Full street improvements and utility connections including curbs, gutters, street paving, traffic control devices, street trees, and sidewalks adjacent to land which is dedicated pursuant to this section; and

b.

Fencing along the property line of the subdivision contiguous to the dedicated land as approved by the city engineer.

E.

Standards and Formula for Fees in Lieu of Land Dedication.

1.

If there is no park or recreation facility designated in the general plan within a proposed subdivision, or the dedication of land pursuant to subsection D of this section is not feasible or compatible with the general plan, or the city has previously acquired the necessary park property, or the city council determines that a fee is more appropriate, the subdivider shall pay a fee instead of land dedication.

2.

The amount of the fee shall be equal to the fair market value of the land prescribed for dedication in subsection (D) of this section plus the cost of improvements required under subsection (D)(3) of this section.

3.

For purposes of this section, the public works improvement costs, subsection (E)(2) of this section, shall be determined by the city engineer based on any increase in cost of construction over the phasing period, as determined for that period by the Engineering News Record Cost of Construction Index published by McGraw-Hill Publishing Company.

F.

Fees in Lieu of Land Dedication-Fifty Parcels or Less. If the proposed subdivision contains fifty parcels or less, the city may only require the payment of fees under this section and may not require the dedication of land. However, this section does not preclude the dedication and acceptance of land for park and recreation purposes in a subdivision of fifty parcels or less if the subdivider proposes dedication voluntarily, and the land is acceptable to the city.

G.

Combination of Fees and Dedication. The city council may approve a combination of fee payment and land dedication when:

1.

Only a portion of a proposed park falls within a subdivision. That portion shall be dedicated for park purposes, and a fee is required for any additional amount of land that would otherwise be required for dedication; or

2.

A major part of the park or recreation site has already been acquired, and only a small portion of land is needed from the subdivision to complete the site. The needed portion shall be acquired by dedication and a fee required for any additional amount of land that would otherwise be required for dedication.

H.

Determination of Land or Fee. Whether the city approves land dedication or requires a fee, or a combination of both, is determined by considering the following:

1.

The recommendations of the parks and recreation commission;

2.

Open space, parks and public facilities element of the general plan;

3.

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

Size and shape of the subdivision and land available for dedication;

5.

The feasibility of dedication;

6.

Whether the city has previously acquired sufficient land for park and recreation purposes; and

7.

The factors set forth in subsections (F) and (G) of this section.

I.

Partial Credit for Private Residential Open Space. Where private open space for active park and recreation uses is provided in a common interest development such as community apartments, condominiums, and stock cooperatives, as defined in Section 1351 of the Civil Code, the development shall be eligible to receive a credit as provided against the requirement of land dedication or payment of fees for the value of private open space within the development.

Where private open space for active park and recreation uses is provided in a proposed subdivision, the city may grant partial credit not to exceed fifty percent against the requirement of land dedication or payment of in-lieu fees for a housing development in which fifteen percent or more of the units are set aside for persons of low income, as defined by Section 50079.5 of the Health and Safety Code. Credit will only be given if the city council finds it is in the public interest to do so and that all of the following standards are met:

1.

Yards, court areas, setbacks and other open area or landscaping required to be maintained by the zoning and building ordinances and regulations are not included in the computation of credit; and

2.

The private ownership and maintenance of the area is adequately provided for by recorded written agreement, covenants or restrictions; and

3.

The use of the private area is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision and which cannot be amended or eliminated without the city's consent; and

4.

The proposed private area is reasonably adaptable for use for active park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

5.

The space for which credit is given is a minimum of one acre and provides a minimum of two of the following local park basic elements, or a combination of elements and other recreational improvements, which will meet the specific recreation and park needs of the future residents of the area:

J.

Credit for Privately Owned and Maintained Parks and Plazas within Priority Development Areas (PDAs). Publicly accessible private parks and plazas within city council designated priority development areas shall be eligible for park credit for land and improvements. Partial or full credit, as determined in the discretion of the city council, towards park dedication requirements may be awarded, if the city council finds it is in the public interest to do so and that all of the following standards are met:

1.

The proposed park or plaza area is consistent with the adopted priority development area plan, other applicable plans or codes including form based codes, and includes all features and amenities outlined in these plans and codes; and

2.

Private ownership and maintenance of the area is adequately provided for by recorded written agreement, covenants or restrictions; and

3.

The use of the private area is guaranteed to be publicly accessible during daytime hours and/or when adjacent businesses are open through the recordation of covenants which run with the land in favor of the future owners of property within the subdivision and which cannot be amended or eliminated without the city's consent; and

Yards, court areas, setbacks and other open areas or landscaping required to be maintained by the zoning and building ordinances and regulations are not included in the computation of credit.

K.

Credit for Park and Recreation Improvements. If the subdivider provides park and recreation improvements to the dedicated land (other than improvements required by subsection (E)(3) of this section) the value of improvements shall be credited against the required payments of fees or dedication of land required by this section. To qualify for credit under this subsection, the subdivider must first obtain a recommendation from the parks and recreation commission and approval from the city council.

L.

Review Procedure.

1.

Preliminary and final development plans and specific plans shall be reviewed in accordance with the procedures outlined in Title 17—Zoning.

2.

Tentative Maps outside of Planned Development or Specific Plan Areas.

a.

Parks and recreation commission recommendation. The parks and recreation commission shall review each application for a tentative map and make a recommendation to the planning commission, which shall include, but not be limited to, the following:

i.

Conformance of the size, layout, and configuration of any proposed parkland with the city's general plan, and any applicable park and recreation plans and standards;

ii.

The desirability of giving credits for park improvements; and

iii.

Its preferred improvements for the proposed park.

b.

Planning Commission Review. The planning commission shall forward the recommendation of the parks and recreation commission to the city council for review.

c.

City Council Review. The city council shall review proposed parkland dedications in conjunction with tentative map review in accordance with Chapter 16.10 of this code for major subdivisions and Chapter 16.12 of this code for minor subdivisions. At the time of approval of a tentative map, the city council shall determine whether to require a dedication of land, payment of an in lieu fee, or a combination of both and condition the tentative map accordingly. The city council shall consider the recommendation of the parks and recreation commission, which shall include those items listed in subsection (K)(2)(a) above as well as the following:

i.

The amount of land or fee or both to be required; and

ii.

The location and configuration of the dedicated land or proposed use of in-lieu fees.

d.

Time for dedication or payment.

i.

The subdivider shall dedicate the land required for dedication upon approval of the final map.

ii.

The subdivider shall pay the required in-lieu fees after approval of the final map and upon issuance of building permits.

M.

Use of Land and Fees.

1.

The land, fees, or combination of both may be used only for the purpose of developing new or rehabilitating existing neighborhood or recreational facilities to serve the subdivision.

2.

Fees and interest collected under this section shall be committed within five years after the payment of the fees or the issuance of building permits on one-half the lots created by the subdivision, whichever occurs later.

N.

Exemptions. This section does not apply to:

1.

Subdivisions containing less than five parcels and not used for residential purposes. However, the city shall place the following condition on the parcel map:

"If, within four years, a building permit is requested for construction of a residential structure on one or more of the parcels, the owner of each such parcel is required to pay a park fee in the amount set forth by city council resolution before the permit is issued."

2.

Commercial or industrial subdivisions or condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

(Ord. 787 §§ 1—3, 2007; Ord. 744 § 1 (part), 2005)

(Ord. No. 945, § 4, 2-25-2020)

16.14.030 - School facilities.

A.

Fee or Dedication. If a school district has levied a fee or other requirement on development, the subdivider shall present to the city a certificate of compliance from the district before a building permit is issued.

B.

Elementary School Site. The city may require a subdivider to dedicate to the school district land sufficient to construct such elementary schools as are necessary to assure adequate public school service to the residents of the subdivision. The requirement is terminated if the school district does not offer to enter into an agreement to accept the dedication and to repay the subdivider for the land, in conformance with Government Code Section 66478.

C.

Interim Classroom Facilities. The city may require a subdivider to dedicate land or pay fees, or a combination of both, for interim classroom and related facilities for elementary or high schools to alleviate conditions of overcrowding caused by new residential development, in accordance with State Law.

(Ord. 744 § 1 (part), 2005)

The provisions of the inclusionary housing regulations in Title 17 shall apply.

(Ord. 744 § 1 (part), 2005)

(Ord. No. 991, § 4(Exh. A, § 3), 1-27-2026)

16.14.040 - Bicycle paths and transit facilities.

A.

Bicycle paths. If a subdivision is required to dedicate roadways pursuant to Section 16.14.010, the subdivider may be required to dedicate land to provide bicycle paths for the use and safety of the residents of the subdivision.

B.

Transit facilities. The city may require a subdivider to dedicate land within the subdivision for local transit facilities, such as bus turnouts, benches, shelters, landing pads, and similar items which directly benefit the residents of the subdivision if the city council finds that transit services are available or will be made available to the subdivision within a reasonable time.

(Ord. 744 § 1 (part), 2005)

The city may not approve a tentative or final map if the proposed subdivision fronts upon a public waterway, river, stream, bay, shoreline, or publicly owned lake or reservoir unless the subdivision provides reasonable public areas from a public street to that portion of the bank or shoreline bordering or lying within the subdivision.

(Ord. 744 § 1 (part), 2005)

As a condition of approval of a tentative map, the subdivider may be required to dedicate land, pay fees, or both, for fire stations, library sites, child day care, public art, or any other public facilities pursuant to, and in order to implement, the provisions of the general plan regarding such facilities when and if such dedications and fees are adopted by the city.

(Ord. 744 § 1 (part), 2005)

A.

General. Where a park, recreational facility, fire station, library, or other public use is shown on the general plan or specific plan, and the plan contains policies and standards for those uses, the city may require a subdivider to reserve sites for those uses, as a condition of approval of a tentative map.

B.

Limitations. The reserved area must be of such a size and shape as to permit (1) the balance of the property to develop in an orderly and efficient manner, and (2) the reserved area to be efficiently used or divided if it is not acquired by a public agency. The amount of land reserved may not render development of the remaining land economically unfeasible.

C.

Acquisition. The public agency for whose benefit an area has been reserved shall at the time of final or parcel map approval enter into an agreement to acquire the area within two years, or longer by mutual

agreement.

(Ord. 744 § 1 (part), 2005)

Chapter 16.16 - DESIGN AND IMPROVEMENTS