§ 16.08

It is hereby found and determined:

A.

That the public interest, convenience, health, welfare and safety require that five acres of property for each one thousand persons residing within this city be devoted to park and recreational purposes;

B.

That the required five acres shall be supplied by the requirements of this chapter and Chapter 16.04 of this code and the recreational program of the city.

(Ord. No. 628 §§ 1—3, 2004; prior code § 1607)

16.08.020 - Provision for—Requirements—Applicability.

Every subdivider who subdivides land shall dedicate contiguous portion(s) of such land, pay a fee, or do both, as set forth in this chapter and Chapter 16.04 of this code for the purpose of providing park and recreational facilities to serve future residents of such subdivision. The provisions shall apply to:

A.

All subdivisions as that phrase is defined in Section 66424, et seq., of the Government Code of the state, on all property within the city, however zoned;

B.

All minor divisions of land as defined in Chapter 16.16 of this code, wherever located within the city and however zoned.

(Ord. No. 628 § 4, 2004; prior code § 1606)

16.08.030 - Population density—Determination.

A.

Population density for the purpose of this chapter and Chapter 16.04 of this code shall be determined in accordance with the 2000 U.S. Census for the city;

B.

As defined in U.S. Census 2000, single-family detached dwelling units equal 2.91 persons per household; single-family attached dwelling units equal 2.10 persons per household; and multiple-family dwelling units equal 1.84 persons per household.

C.

The basis for determining the total number of dwelling units shall be the number of such units permitted by the city on the property included in the subdivision or division of land at the time the final subdivision tract map or parcel map is filed with the city council for approval.

(Ord. No. 628 § 5, 2004; prior code § 1608)

The amount of land required to be dedicated by a sub-divider pursuant to this chapter and Chapter 16.04 of this code shall be based on the gross area included in the subdivision or division of land, determined by the following formula:

Number of dwelling units permitted × "P" = acreage required to be dedicated. "P" is a constant in the formula and is computed by applying the standards from Section 16.08.010(B), .005 acres per person times the persons per dwelling unit as per Section 16.08.030.

(Ord. No. 628 § 6, 2004; prior code § 1609)

When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based on the number of dwelling units permitted by the city's zoning regulations in the subdivision or lot split, and shall be a sum equal to the fair market value of land required in accordance with the following formula:

Number of dwelling units permitted × "P" fair market value/acre = Fee. "P" is a constant in the formula and is computed by applying the standards from Section 16.08.010(B), .005 acres per person times the persons per dwelling unit as per section 16.08.030.

A.

The fair market value shall be determined by the city council;

B.

If the subdivider objects to such evaluation he may, at his expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal may be accepted by the city council if found by it to be reasonable; or

C.

The city and subdivider may negotiate and thereafter agree as to the fair market value, for the purposes of this chapter and Chapter 16.04 of this code.

(Ord. No. 628 §§ 7, 8, 2004; prior code § 1610)

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, such areas shall be credited against the requirement of dedication for park and recreation purposes, as set forth in Section 16.08.040, or the payment of fees in lieu thereof, as set forth in Section 16.08.050, provided the city council finds it is in the public interest to do so, and that the following standards are met:

A.

That yards, court areas, setbacks, balconies, and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and

B.

That the private ownership and maintenance of the open space is adequately provided for by written agreement; and

C.

That the use of the private open space 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 tract and which cannot be defeated or eliminated without the consent of the city council; and

D.

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; and

E.

That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan and are approved by the city council.

(Ord. No. 628 § 9, 2004; prior code § 1611)

The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

A.

At the time of filing a tentative tract map for approval, the owner of the property shall, as part of such filing, indicate whether he desires to dedicate property for park and recreational purposes, or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof on the tentative tract map as submitted.

B.

At the time of the tentative tract map approval, the city council shall determine as a part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both.

C.

Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be deposited with the city prior to the filing for approval of the final tract map. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final tract map and shall be recorded contemporaneously with the final tract map.

(Ord. No. 628 § 10, 2004; prior code § 1612)

16.08.080 - Choice of land or fee—Determination.

A.

Whether the city council 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:

1.

Recreational element of the city's general plan; and

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

3.

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

B.

The determination of the city council as to whether land shall be dedicated, or whether a fee shall be charged or a combination thereof shall be final and conclusive. On subdivisions involving fifty lots/units or less, only the payment of fees shall be required. At the time the final tract map is approved the city council shall designate the time and when development of the park and recreational facilities shall be commenced.

(Ord. No. 628 § 11, 2004; prior code § 1613)

The land and fees received hereunder shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

(Prior code § 1614)

16.08.100 - Bridle trails considered for purpose of chapter.

Bridle trails shall not be deemed land for park and recreational purposes under this chapter or Chapter 16.04 of this code.

(Prior code § 1615)