Sunnyvale Municipal Code Ch. 18.10 Parks and Open Space Dedication

"Subdivision map" means any map filed pursuant to any proceedings for subdivision which creates any additional parcel capable of residential development.

(Ord. 2194-86 § 1)

As a condition of approval of any final subdivision 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 according to the following standards:

(a) Dedication of Sites. Where a park or recreational facility has been designated in the open space and recreation subelement of the general plan, and the park or facility is to be located in whole or in part within a proposed subdivision, to serve the immediate and future needs of the residents of the subdivision, the subdivider shall be required to dedicate land for park and recreational facilities sufficient in size to serve the residents of the subdivision area. The park land to be so dedicated shall conform to locations and standards set forth in the general plan. The slope, topography and geology of the site, as well as its surroundings, must be suitable for the intended park or recreation purpose. The amount of land to be provided shall be determined pursuant to the standards set forth in Sections 18.10.030 through 18.10.070, inclusive, of this chapter establishing the formula for land dedication or for payment of fees in lieu thereof.

(b) Fees In Lieu of Dedication. If there is no park or recreational facility designated or required in whole or in part within a proposed subdivision, the subdivider shall be required to pay a cash payment in lieu of the land equal to the value of the land as determined by Sections 18.10.030 through 18.10.070, inclusive, of this chapter.

A fee in lieu of land dedication hereunder shall be required when:

(1) A subdivider is subdividing land on which no park has been designated or proposed; or

(2) When dedication is impossible, impractical, or undesirable, as determined by the city; or

(3) When the proposed subdivision contains fifty or fewer parcels of land.

(c) Dedication and Fees Required. In certain subdivisions in excess of fifty parcels of land, a combination of land dedication and fee payment may be required. These shall be subdivisions in which: (1) only a portion of the land to be subdivided is proposed in the general plan as the location for a park or recreational facility, in which case that land, or a portion thereof within the subdivision, shall be dedicated for park purposes, and a fee shall then be required in lieu of any additional land that would have been required to be dedicated under this chapter; or (2) a major part of the park or recreational site falling within the subdivision has already been acquired, and only a small portion of land is needed from the subdivider to complete the park or recreation site, in which case the land needed shall be required for dedication, and a fee shall then be required in lieu of the additional land that would have been required to be dedicated under this chapter.

(d) Use of and Basis for In Lieu Fees. The money collected pursuant to this chapter is to be used only for the purpose of providing park or recreational facilities to serve the subdivision from which fees are collected. Fees so collected shall be used to purchase land, buy equipment or construct improvements in neighborhood and district parks and recreational facilities serving said subdivision. The fee so required shall be based on the fair market value of the land that otherwise would have been required for dedication.

(Ord. 2194-86 § 1)

In accordance with the open space and recreation subelement of the general plan; it is hereby found and determined that the public interest, convenience, health, welfare and safety require that acres of property, as prescribed below, for each one thousand persons residing within each neighborhood planning area within the city of Sunnyvale be devoted to public park and recreational facilities. The Murphy planning area shall be divided by Fair Oaks Avenue into two sections to be designated Murphy West and Murphy East. The table below prescribes the acreage requirements and their effective dates. Subdivisions are subject to the acreage requirement in effect at the time the tentative map application is deemed complete.

(Ord. 2194-86 § 1; Ord. 2911-09 § 1; Ord. 2951-11 § 1; Ord. 2953-11 § 1)

In determining dedication or in lieu fee payment requirements under this chapter, the following table, derived from density assumptions of the general plan and prevailing household sizes shall apply:

A deduction for the number of existing dwelling units will be allowed in calculating the land dedication or in-lieu fees required pursuant to this chapter as set forth in Section 18.10.070.

The value of any park and recreational improvements and equipment to the dedicated land shall be credited against the payment of fees or dedication of land required pursuant to this chapter.

(Ord. 2194-86 § 1; Ord. 2911-09 § 1; Ord. 2951-11 § 1)

The planning commission shall, upon approving a tentative map, determine the conditions necessary to comply with the requirements for park land dedication or fees in lieu thereof as set forth in this chapter and said conditions shall be attached as conditions of approval of the map.

(Ord. 2194-86 § 1)

Annually, on a fiscal year basis, the director of community development shall determine the fair market value for an acre of land in the city. The fair market value amount shall be included in the fee resolution adopted by the city council. The fair market value applicable to the calculation of all park in-lieu fees shall be based on the fee in effect at the time the final map is complete. The calculation of all park in-lieu fees shall be applied and payable upon approval of the final map.

(Ord. 2194-86 § 1; Ord. 2630-99 § 1; Ord. 2911-09 § 2; Ord. 2953-11 § 2)

For the purposes of the formula established by this section, the following definitions shall apply:

The following formula shall be used in calculating land required for dedication under this section:

A x (B-D) = L

The following formula shall be used in calculating in lieu of fees required to be paid under this chapter:

A x (B-D) x C = F

(Ord. 2194-86 § 1; Ord. 2630-99 § 2; Ord. 2911-09 § 2)

The provisions of this chapter shall not apply to commercial or industrial subdivisions or to condominium projects or stock cooperatives which consist of subdivision of airspace in an existing apartment building which is more than five years old when no dwelling units are added.

(Ord. 2194-86 § 1)