Chapter 17.512 — PARKS AND RECREATION FACILITIES

As a condition of approval of a tentative 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 as required in this chapter. (Ord. 2017-0009 § 14)

A. When parkland dedication required. Where a recreational or park facility is designated in the general plan or a specific plan, or the subdivider proposes to locate a recreational or park facility 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 recreation or park facility sufficient in size and topography to serve the residents of the subdivision.

• B. Calculation of required parkland dedication.

1. The amount of land to be dedicated shall be determined according to the formula D x F = A in which:

• a. D = the number of dwelling units;

• b. F = a "factor" herein described;

• c. A = the buildable acres to be dedicated.

2. A buildable acre is a typical acre of the subdivision, with a slope less than 10%, and on which building is not excluded because of flooding, public rights-of-way, easements, or other restrictions.

3. The factor in subsection B.1.b varies based on the type of dwelling units in the subdivision. Each factor is a constant based on census data that, when multiplied by the number of dwelling units permitted in the subdivision, will produce 1.75 acres per 1,000 population within the Central City Community Plan Area and 3.5 acres per 1,000 population within the remainder of the city. These factors are as follows:

• FS =.0047 relating to single-unit dwellings in the Central City Community Plan Area;

• FD =.0041 relating to duplex dwelling units in the Central City Community Plan Area;

• FM =.0037 relating to multi-unit dwellings in the Central City Community Plan Area;

• FS =.0095 relating to single-unit dwellings in the remainder of the city;

• FD =.0082 relating to duplex dwelling units in the remainder of the city; and

• FM =.0074 relating to multi-unit dwellings in the remainder of the city.

C. Determination of the number of dwelling units-multi-unit dwellings. Unless the subdivider enters into an agreement with the city for a lower density, the number of dwelling units on parcels that allow multi-unit dwellings or on parcels created by a master parcel map that will be further subdivided shall be determined as follows:

1. When a rezoning application accompanies the tentative map, the number of dwelling units shall be calculated according to the highest density of the zoning designation applied for;

2. When a rezoning application does not accompany the tentative map, the number of dwelling units shall be calculated according to the highest density of the existing zoning designation or existing specific plan density designation, whichever allows the highest density.

If all or a portion of the parkland dedication requirement is satisfied by payment of a fee under section 17.512.030 and, upon completion of build-out of the multi-unit dwellings or the recording of the final map for the last subdivision of a parcel created by a master parcel map, the actual number of dwelling units built or number of single-family lots created is less than the number of dwelling units determined under paragraph 1 or 2 of this subsection, then the

subdivider may, within five years after payment of the fee, apply for a refund, without interest, of the difference between the fee actually paid and a fee calculated based on the actual density.

D. Determination of the number of dwelling units-attached dwelling units. Where individual lots that share a common wall are included in a subdivision, the attached dwelling units shall be considered single unit dwellings for the purpose of calculating the parkland requirement.

• E. Required improvements on dedicated land. The subdivider shall:

1. provide full street improvements, including but not limited to, curbs, gutters, street paving, traffic control devices, street lights, and sidewalks, to land that is dedicated pursuant to this chapter;

2. provide fencing that meets city standards along the property line of that portion of the subdivision contiguous to the dedicated land;

3. provide improved surface drainage through the site;

4. provide water taps to the site, or if the site is larger than five acres, a water well may be required under section 13.04.845; and

5. provide other improvements that the city council determines are essential to the acceptance of the land for recreational purposes. (Ord. 2017-0009 § 14)

A. The subdivider shall, in lieu of dedication of land, pay a fee equal to the value of the land prescribed for dedication in section 17.512.020 if:

1. There is no park or recreational facility designated in the city's recreation and park plan, community plan, or specific plan to be located in the area proposed for development;

2. A park site is not designated on a subdivision map to be located in whole or in part within the proposed subdivision to serve the needs of the residents of the subdivision; or

3. The city council requires payment of the in lieu fee. The amount of the fee shall be determined under the provisions of section 17.512.040. The fee shall be used for recreational and park facilities to serve the residents of the area being subdivided.

B. If the proposed subdivision contains 250 or fewer dwelling units, 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 section 17.512.020. The amount of the fee shall be determined under the provisions of section17.512.040. (Ord. 2017-0009 § 14)

A. When a fee is to be paid in lieu of land dedication, the amount of the fee shall be based on the fair market value, plus 20% for off-site improvements like utility line extensions, curb, gutter and pavement, and street lights.

B. For purposes of calculating the in-lieu fee under this section, the fair market value is determined as follows:

1. Appraisal. The subdivider shall request that an appraisal be prepared pursuant to the procedures set forth below, and shall pay the in-lieu fee based upon the fair market value established in that appraisal.

a. Upon request of the subdivider, the city shall cause an appraisal to be made by a person on the city's list of approved appraisers, who is qualified as a certified general real estate appraiser by the California office of real estate appraisers, and who meets the standards specified in the uniform standards of professional appraisal practice. The costs of the appraisal and the city's review of the appraisal must be paid by the subdivider to the city in advance. The appraiser shall appraise the property at its unencumbered (free and clear) value, as if at the approved tentative map

stage of development and as if any assessments or other encumbrances to which the property is subject had been paid in full prior to the date of the appraisal. Factors to be considered during the evaluation shall include the following:

• i. Conditions of the tentative subdivision map, including all required street and utility improvements facilitating use of the property;

• ii. The general plan;

• iii. Zoning and density;

• iv. Property location;

• v. Offsite improvements facilitating use of the property;

• vi. Site characteristics of the property; and

• vii. Existing public improvements.

b. The appraisal shall value the property as of a date no earlier than 90 days prior to the recording of the final map or parcel map, or the payment of the fee, whichever occurs later. The appraisal shall clearly state the fair market value of the property.

2. Alternative: Area Valuation. The city council may, by resolution, approve a fixed market value per acre of land as determined to be appropriate by the city council. The values so established shall be updated periodically, and once established may be used, at the option of the subdivider, in place of the appraisal process provided in paragraph 1 of this subsection to determine the market value per acre of the property to be subdivided for purposes of calculating the inlieu fee. (Ord. 2017-0009 § 14)

Fees collected pursuant to this chapter shall be used and expended solely for the acquisition, improvement, and expansion of the public parks, playgrounds and recreational facilities reasonably related to serve the needs of the residents of the proposed subdivision. The fees may also be used for the development of recreational areas and facilities on public school grounds that provide a desirable recreational site and immediate access to a public street. (Ord. 2017-0009 § 14)

When the proposed subdivision lies within an area not within the general plan but to subsequently be included within the city's general plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, according to the adopted park and recreational principles and standards of the city's general plan and according to the provisions of this chapter. (Ord. 2017-0009 § 14)

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 consideration of the following:

• A. Recreation and parks plan, and element of the city's general plan;

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

• C. Size and shape of the subdivision and land available for dedication;

• D. Feasibility of dedication;

• E. Compatibility of dedication with the city's recreation and park plan; and

• F. Availability of previously acquired park property. The determination of the city council whether land shall be

dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. (Ord. 2017-0009

§ 14)

Any fees collected under this chapter shall be committed within five years after payment of the fee or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fee is not committed, it 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. (Ord. 2017-0009 § 14)

A. The city may grant credit for privately owned and maintained open space or local recreation facilities, or both, toward the dedication requirement. Credit is subject to the following requirements:

1. Yards, court areas, setbacks, and other open space areas required to be maintained by this title and other regulations shall not be considered private open space or local recreation facilities and shall not be eligible for local recreation credit. Projects that deviate from required open space standards are not eligible for local recreation credit;

2. Provision is made by written agreement or other contractual instrument, or recorded covenants running with the land that the areas shall be adequately maintained;

3. The use of private open space or recreation facilities is limited to park and local recreation purposes and shall not be changed to another use without the express written consent of the city council;

4. Projects may receive a maximum credit of 25%; and

5. The total square footage of the private open space and facilities shall be subtracted from the total area of parkland required.

• B. Private land or facilities, or both, that may qualify for credit toward the parkland requirement will generally include the following types of open space or local recreation facilities:

1. Open spaces, which are generally defined as parks, extensive areas with tree coverage, low land along streams or areas of rough terrain when the areas are extensive and have natural features worthy of scenic preservation, golf courses, or open areas on the site in excess of 20,000 square feet;

2. Hard game courts (hard paved surface dedicated for active recreation uses like tennis, basketball, pickleball, handball, racquetball, roller hockey, or shuffleboard) or soft game courts (either real or artificial turf surfaces with required safety zones for badminton, croquet, lawn bowling, tennis, bocce, horseshoes or volleyball) that comply with current city standards;

3. Swimming pools, including deck and surrounding turf area;

4. Community rooms, recreation buildings or rooms, or spas;

5. Garden areas of at least 900 square feet, with a minimum width of 30 feet, containing a combination of paving or landscaping of plant varieties or designed in a way to encourage enjoyment of the garden (i.e., showy plants), or having garden plots for the exclusive use of the residents;

6. Tot lots or children's play areas that comply with California playground regulations and current city standards;

7. Picnic areas (facilities containing benches, at least three tables, barbecue pits and trash receptacles) that comply with current city standards;

8. Turf playing fields (uninterrupted, contiguous turf facilities to accommodate informal or formal active recreation activities like field sports) of at least 8,000 square feet;

9. Plaza areas of at least 900 square feet, with a minimum width of 30 feet, containing a combination of paving or landscaping and amenities like seating or tables to encourage social gatherings;

10. Other recreational amenities, subject to a finding by the director of parks and recreation that the special recreational benefit to the development is not otherwise provided in park and recreational facilities.

C. Joint use public park and stormwater detention facilities are eligible for 80% parkland dedication credit if all the following criteria are met:

1. For every three acres of joint use parkland no less than one-half acres of parkland above flood level is required;

2. The joint use parkland is well drained and suitable for parkland improvements;

3. The basin floor shall have a minimum of 8,000 square feet of uninterrupted, flat area, suitable for active recreational purposes, with a grade from 2% up to 3%; and

4. Basin sideslopes in excess of 10% slope, vegetated swales, infiltration basins, or intake facilities around drain inlets or other drainage appurtenances shall not be eligible for parkland credit.

D. A subdivider shall receive credit for land dedicated or fees paid pursuant to this chapter under a previously approved final map or parcel map in the event a new map is submitted for approval. The credit shall be subtracted from the dedication or fee required under this chapter for the new map. The city shall not be required to return any fee paid or any land dedicated pursuant to this chapter as a condition of a previously approved final map or parcel map. (Ord. 2017-0009 § 14)

A. The dedication requirement shall be indicated as a condition of approval on a tentative map, including the following information, where applicable:

1. The amount of land to be dedicated;

2. That a fee be charged in lieu of dedication;

3. That both dedication and a fee be required;

4. That a credit be given for private recreation facilities, unique natural and special features, or for any other reason provided in section 17.512.100;

5. The location of the park land to be dedicated; and

6. The approximate time when development of the park or recreation facility shall commence.

B. At the time of filing a final map or parcel map, the subdivider shall dedicate the land and pay the fee, as indicated in the conditions of approval. If a parcel map is not filed because it has been waived, the subdivider shall pay the fee required by the applicable tentative map or as prescribed in section 17.512.030. The amount of the fee shall be determined according to section17.512.040, and payment shall be made prior to issuance of the certificate of compliance. To receive credits as provided for in section 17.512.090, open space covenants for private park or recreational facilities shall be submitted to the city council prior to approval of the final map or parcel map and shall be recorded contemporaneously with the final map or parcel map. (Ord. 2017-0009 § 14)

The provisions of this chapter shall not apply to subdivisions:

A. Not used for residential purposes. Provided, however, that a condition shall be placed on the approval of the subdivision that if a building permit is requested for construction of one or more residential structures on any of the parcels within four years of recording the map, the owner of each parcel shall be required to pay an in-lieu fee pursuant to this chapter, calculated as of the date the building permit is issued, as a condition to the issuance of a building permit; a note to this effect shall be placed on the final map or parcel map.

B. To permit separate ownership of two or more existing residential dwelling units when all units are more than five years old and no new units are added. (Ord. 2017-0009 § 14)

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 and design commission or the city council if the planning and design commission or the city council determines that public street access is unnecessary for the maintenance of the park area or use thereof by the residents. (Ord. 2017-0009 § 14)

If, during the ensuing times between dedication of land for park purposes and the commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (like a gift of park land or change in school location) by mutual agreement of the subdivider or owner and the city council, the land may be sold upon the approval of the city council with the resulting funds used for the purchase of a more suitable site. (Ord. 2017-0009 § 14)

A. At the time of filing a final map or parcel map that includes less land than is included in the tentative map, the director of parks and recreation shall recalculate the amount of land required to be dedicated in accordance with this chapter, based on the land included in the proposed final map or parcel map.

B. If it is determined at the hearing on the tentative map the requirements of this chapter would be satisfied by the payment of a fee or that land located within the proposed final map or parcel map be dedicated and the amount of the land is equal to or smaller than the amount of land required to be dedicated pursuant to subsection A of this section, the subdivider shall dedicate the land or pay the fee, or both, at the time of filing the final map or parcel map.

C. If at the hearing on the tentative map it is determined that the requirements of this chapter would be satisfied by the dedication of land located outside the proposed final map or parcel map or the amount of land required to be dedicated at the time of approving the tentative map exceeds the amount required to be dedicated pursuant to subsection A, the planning director or designee shall recommend that the subdivider:

1. Dedicate full title to part of the parksite;

2. Dedicate an undivided partial ownership interest in entire parksite;

3. Dedicate as specified in subsections C.1 or C.2 and enter into an agreement with the city to reserve the undedicated portion;

4. Solely pay in-lieu fees; or

5. Be granted credit in accordance with sections 17.512.090 and 17.512.100.

If the subdivider concurs with the recommendation of the planning director, the subdivider shall dedicate the land or pay the fee, or both, in accordance with the recommendation prior to filing the final map or parcel map. Open space covenants for private park or recreational facilities shall be submitted to the city council prior to the approval of the final map or parcel map and shall be recorded at the same time as the final map or parcel map.

If the subdivider objects to the recommendation of the planning director, the city council shall determine at a public hearing the land to be dedicated, whether a fee is to be charged, and whether any credit shall be granted. Prior to filing the final map or parcel map, the subdivider shall dedicate the land pay the fee, or both, as determined by the city council. Open space covenants for private park or recreational facilities shall be submitted to the city council prior to the approval of the final map or parcel map and shall be recorded at the same time as the final map or parcel map.

• D. Nothing in subsection C shall be construed to:

1. Require the dedication of land located outside the proposed final map or parcel map; or

2. Prohibit a subdivider from dedicating land in excess of the amount required to be dedicated pursuant to subsection A. (Ord. 2017-0009 § 14)