Susanville Municipal Code Ch. 16.32 Park Land Dedication

Pursuant to Section 66477 of the Government Code of the state of California, the ordinance codified in this chapter is enacted to require the dedication of land or payment of fees in lieu of land dedication, or a combination of both, for park or recreational purposes within the city. The requirements of this chapter for dedication of land and/or payment of in-lieu fees shall be applied to all land divisions within the city, except as noted in this chapter, and to all residential developments on existing lots or future lots located within the city. The land dedication and/or payment of in-lieu fees required by this chapter are in accordance with and consistent with the provisions of the parks and recreation element of the general plan of the city, adopted August 5, 1991, and as may be amended from time to time.

(Prior code § 21.90; Ord. 05-920 § 1, 2005)

A. Parcel Maps. At the time of approval of a tentative parcel map, the planning commission shall determine the amount of land upon which an in-lieu fee payment will be based in accordance with Section 16.32.040 of this chapter. The planning commission's determination may be appealed to the city council as provided herein.

B. Subdivision Maps, Less Than Fifty Lots. At the time of approval of a tentative map containing less than 50 lots, the city council shall determine the amount of land upon which an in-lieu fee payment will be based in accordance with Section 16.32.040 of this chapter.

C. Subdivision Maps, More Than Fifty Lots, Dedication and/or Fee. At the time of approval of a tentative map containing 50 or more lots, the city council shall determine the amount of land required for dedication and/or upon which an in-lieu fee payment will be based in accordance with Section 16.32.040 and the following:

1. When a park or recreation facility identified in the parks and recreation element of the general plan of the city is to be located wholly within the proposed subdivision, lands necessary for establishment of the identified park shall be set aside for dedication. The land to be dedicated for the park or recreation facility shall be sufficient in size and topography and bear a reasonable relationship to serve the present and future needs of the residents of the subdivision. Where the land to be dedicated for the park or recreation facility is less than the amount required for dedication as determined by the city council in accordance with Section 16.32.040, the balance shall be used to determine an in-lieu fee to be paid by the subdivider in addition to the dedication.

2. When only a portion of a park or recreation facility identified in the parks and recreation element of the general plan of the city is to be located within the proposed subdivision, such portion of the identified park or recreational facility shall be set aside for dedication. If the land to be dedicated for said portion of the park or recreation facility is less than the amount required for dedication as determined by the city council in accordance with Section 16.32.040, the balance shall be used to determine an in-lieu fee to be paid by the subdivider in addition to the dedication.

3. When a major part of the local park or recreation 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 set aside for dedication. If the land to be dedicated for said portion of the park or recreation facility is less than the amount required for dedication as determined by the city council in accordance with Section 16.32.040, the balance shall be used to determine an in-lieu fee to be paid by the subdivider in addition to the dedication.

D. Residential Building Permits. Prior to the issuance of new residential permits by the city, payment of the in-lieu fees shall be paid in accordance with this section and Sections 16.32.040 and 16.32.050 of this chapter.

E. Payment of Fee/Dedication of Land. Prior to or concurrent with filing of a parcel map or final map, the subdivider shall pay the in-lieu filing fee and/or dedicate land or enter into an agreement for payment of fees at building permit stage for neighborhood and community park or recreational purposes as determined by the planning commission and city council in accordance with subsections A through C and E of this section and Sections 16.32.040 and 16.32.050 of this chapter. The subdivider shall provide, without credit, the following improvements for dedicated lands:

1. Full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic-control devices, street trees, and sidewalks to land which is dedicated pursuant to this section; and

2. Fencing along the property line of that portion of the subdivision which will have residential units contiguous to the dedicated land. Fencing type and standards shall meet the city's criteria; and

3. Improved drainage through the site of the dedicated land; and

4. Other minimal improvements which the city council determines to be essential to the acceptance of the land for parks and recreational purposes.

F. The payment of the in-lieu fee may be deferred and paid on a lot-by-lot basis prior to issuance of a building permit in accordance with the following:

1. Park in-lieu fees shall be based upon the most current land valuation and land ratio as adopted by resolution of the city council. The community development department shall have this information at its business office.

2. Prior to issuance of a building permit for any residential structure on a lot zoned R-1, R-2, R-3A, or PD, the in-lieu fee for the lot shall be paid in an amount as calculated per Sections 16.32.040 and 16.32.050. Alternatively, the in-lieu fee as established by resolution of the city council may be used.

3. Prior to issuance of a building permit for any residential structure(s) on a lot zoned R-2, R-3, R-3A, R-4, MHP, C-1, UBD, C-O, C-2, PD or other zone districts in which a residential structure is proposed, the in-lieu fee shall be paid in an amount as calculated per Sections 16.32.040 and 16.32.050. Alternatively, the in-lieu fee as established by resolution of the city council may be used.

4. Where park in-lieu fees are deferred to the issuance of the building permit, a note shall be included on the final map or parcel map or on a document recorded concurrently with the final map or parcel map notifying future property owners of the requirements for payment of the park in-lieu fee at the time of application for a building permit.

G. Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of 50 parcels or less, where the subdivider proposes or the city requests such dedication and the land is acceptable to the city council for recreational purposes.

H. The land to be dedicated and the improvements to be made thereon shall be reviewed by the city council prior to their dedication. 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 size, shape, natural features and location of the subdivision and land available for dedication, the compatibility of dedication with the provisions of the parks and recreation element of the general plan of the city, and the location of other existing or proposed park and recreation facilities. 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.

I. All lands offered for dedication for park and recreation purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the city council if it determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents.

J. In the event park and recreational services are provided by a public agency other than the city, the amount and location of land to be dedicated, or in-lieu fees to be paid, shall be jointly determined by the city and such public agency.

(Prior code § 21.91; Ord. 05-920 § 1, 2005)

It is found and determined that, based upon the amount of existing neighborhood and community park areas in the city, the public interest, convenience, health, welfare and safety require that three acres of property for each 1,000 persons residing within the development be devoted to neighborhood and community park and recreational purposes.

This finding and determination is made pursuant to the authority provided in Section 66477 of the Government Code. The general standard may be modified from time to time by resolution of the city council based upon current census information derived in accordance with Sections 40200 et seq. of the Government Code.

(Prior code § 21.92; Ord. 05-920 § 1, 2005)

A. The amount of land to be dedicated and/or the amount of land upon which an in-lieu fee payment is based shall be determined pursuant to a formula established pursuant to Section 66477 of the Government Code, and described as follows:

Minimum acreage dedication =.003 acres x number of dwelling units x average number of persons per dwelling unit.

For purposes of this chapter, "dwelling unit" as used herein shall have the same meaning as set forth in Section 17.08.010 of the Susanville Municipal Code, and shall include the term "household" as that term is used in the most recent available federal census in the context of "average number of persons per household."

The average number of persons per dwelling unit within the city varies depending on the type of dwelling unit. The following is a sample calculation which utilizes the 2000 federal census for determining the amount of land to be dedicated for one dwelling unit within a subdivision containing land zoned for single-family dwelling units within the city:

Minimum acreage dedication: .003 x 1 x 2.723 =.008169.

The minimum acreage dedication for one single-family dwelling unit is .008169 acre of land.

As shown in the 2000 federal census pursuant to Section 66477 of the Government Code, within the city the average population densities are as follows:

1. For single-family dwelling units (R-1, R-2, R-3A, PD zoning) it is 2.723 persons per dwelling unit;

2. For duplexes to four-plexes (R-2, R-3, R-3A, R-4, PD zoning) it is 2.028 persons per dwelling unit;

3. For multiple-family residential projects with five or more units (R-3, R-3A, R-4, C-1, C-2, UBD, C-O, PD zoning) it is 1.834 persons per dwelling unit;

4. For mobilehomes in mobilehome parks (MHP, PD zoning) it is 1.721 persons per dwelling unit.

The following table of population density shall apply, unless more recent census data is received and modified by city council resolution, to the population-based calculation estimate contained in subsection A of this section. The community development department will have the most recent census and calculation estimates on file at its office.

C. For the purposes of this section, the number of new dwelling units shall equal the number of parcels indicated on the tentative parcel map or tentative map when the development is located within the R-1, R-2, R-3A or PD zoning district. Refer to Section 16.32.020 for deferred payment of building permits.

D. When all or part of the subdivision is located in an area zoned R-2, R-3, R-3A, R-4, C-1, C-O, C-2, UBD, PD, or other districts which propose residential units, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under the given zoning where fees and/or land is dedicated at the final or parcel map. Refer to Section 16.32.020(E) for deferred payment of building permits.

E. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the final map or parcel map is approved; refer to Section 16.32.080.

F. In the case of a condominium project, the number of new dwelling units shall be the number of condominiums; refer to Section 16.32.080.

G. The term "new dwelling unit" shall not include any dwelling units existing longer than a five-year period and lawfully in place prior to the date on which the parcel or final map is filed; refer to Section 16.32.080.

(Prior code § 21.93; Ord. 05-920 § 1, 2005)

When a fee is to be paid in lieu of land dedication, the amount of such fee shall equal the fair market value (FMV), Section 16.32.020(E), of the amount of land which would otherwise be required for dedication as determined by the planning commission or city council pursuant to Section 16.32.040 hereof, plus 20% toward costs of off-site improvements, such as those set forth in Section 16.32.020(D)(1) through (4).

The following formula shall be used to determine the in-lieu fee:

"Acre" as used in the following formula is a typical buildable acre of the subdivision, with a slope of less than 10%, and located in an area on which building is not excluded due to flooding, easements, or other restrictions.

For lands zoned R-1, R-2, R-3A, PD, the minimum acreage to be dedicated per new dwelling unit is 0.008169 acre.

For lands zoned R-2, R-3, R-3A, R-4, PD, the minimum acreage to be dedicated per new dwelling unit is 0.006084 acre.

For lands zoned R-3, R-3A, R-4, C-1, C-2, C-O, UBD and PD, the minimum acreage to be dedicated per new dwelling unit is 0.005502 acre.

For lands zoned MHP, PD, the minimum acreage to be dedicated per new dwelling unit is 0.005163 acre. The most recent calculations for in-lieu payments shall be on file at the community development department.

A. The fair market value of a typical buildable acre of land for a subdivision shall be based upon recent sales of lands within the city and under the same zoning. The city council shall adopt the fair market values by resolution and shall update the fair market values at least once annually.

B. An alternative calculation for the fair market value may be provided by the subdivider based upon a written appraisal report prepared and signed by a state licensed appraiser in accordance with the following:

1. The subdivider shall notify the city of the expected filing of the final map at least six weeks prior to filing the final map. The subdivider shall notify the city of its intent, for 50 lots or less, to either pay the park in-lieu fees at the time of filing the final map or parcel map or to defer payment of park in-lieu fees to the building permit stage.

2. The appraisal shall be made immediately prior to the filing of the final map at the subdivider's expense if the FMV as determined in accordance with this section is not acceptable.

3. The appraiser's determination of fair market value shall be based on a typical buildable acre of the subdivision, with a slope of less than 10%, and located in an area on which building is not excluded due to flooding, easements, or other restrictions and shall consider the general plan land use designation and zoning of the site.

4. If more than three months elapses between preparation of the appraisal and filing of the final map, a new appraisal must be prepared at the subdivider's expense, or the city council's estimates for fair market value shall be used in the calculation for the in-lieu fee.

(Prior code § 21.94; Ord. 05-920 § 1, 2005)

No credit shall be given for private open space in the subdivision except as hereinafter provided.

Where private open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003.1 of the Business and Professions Code, partial credit, not to exceed 50%, shall be given against the requirement of land dedication or payment of fees in lieu thereof provided the city council finds that it is in the public interest to do so and that all the following standards are met:

A. Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

B. Private park and recreation facilities shall be owned by an association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a 100% affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities;

C. Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor;

D. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;

E. Facilities proposed for the open space are in substantial accordance with the provisions of the open space, parks, recreation and child care element of the general plan;

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

1. Recreational open spaces, which are generally defined as parks areas for active recreation pursuits such as soccer, golf, baseball, softball, and football, and have at least one acre of maintained turf with less than five percent slope,

2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games,

3. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, turf area(s), bathhouses, or other facilities developed and used exclusively for swimming and diving, and consisting of no less than 15 square feet of water surface area for each three percent of the population of the subdivision with a minimum of 800 square feet of water surface area per pool together with an adjacent deck and/or turf area twice that of the pool,

4. Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development;

G. Open space covenants for private park and recreation facilities shall be submitted to the community development department for review. The director shall prepare a report to the city council for their consideration prior to approval of the final map or parcel map and shall be recorded concurrently with the final map or parcel map, if accepted.

The determination of the city council as to whether credit shall be given and the amount of credit shall be final and conclusive.

(Prior code § 21.95)

A. In-lieu fees determined pursuant to Section 16.32.050 and paid to the city pursuant to Section 16.32.020 shall be deposited into the city park development trust fund or its successor(s).

B. Money in the city park development trust fund or its successor(s) and including accrued interest, shall be expended solely for acquisition of land for park or recreation purposes, development of new or rehabilitation of existing park or recreation facilities or land, or installation of improvements related thereto.

C. Fees collected for a given subdivision are to be expended on park or recreation facilities in a location or area that will serve the residents of the subdivision.

D. Fees collected pursuant to this chapter shall be committed within five years after the payment of such fees or upon the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

E. If such fees are not so committed, they 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 in the subdivision.

F. The city manager and the administrative services director shall report to the city council at least annually on income, expenditures, and status of the city park development trust fund or its successor(s).

(Prior code § 21.96)

A. Projects that are not intended for residential purposes shall be exempted from the requirements of this chapter. However, a condition shall be placed on the approval of the tentative map or the tentative parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels, dedication of land for park or recreation purposes or payment of a fee in lieu of dedication shall be required by the owner of each such parcel as a condition of issuance of the building permit.

B. The provisions of this chapter do not apply to 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.

C. The provisions of this chapter do not apply to existing single-family residential units in existence at the time of filing the final map or parcel map.

(Prior code § 21.97)

A. The value of park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this article. Credit shall not be given for the improvements described under Section 16.32.020(D)(1) through (4).

B. Should the park and recreation improvements be unacceptable, the city council reserves the right to revoke the approved credit against the fees or dedication.

(Prior code § 21.98)

Lands and/or in-lieu fees required under this chapter shall be conveyed or paid directly to the city or agency which provides park and recreational services on a community-wide level and to the area within which the proposed development will be located, if such agency elects to accept the lands and/or fees.

At the time of tentative map approval, the city council shall determine whether the city is the appropriate local agency.

The city, county, or other public agency to which the lands and/or fees are conveyed or paid, shall develop a schedule pursuant to Section 66477 of the Government Code specifying how, when, and where it will use the lands and/or fees, to develop park and recreation facilities to serve residents of the subdivision.

(Prior code § 21.99)

If during the ensuing time between the dedication of lands for park and recreation purposes and commencement of residential construction, circumstances arise which indicate that another site or sites would be more suitable for park and recreation purposes serving the subdivision and the neighborhood, such as receipt of a gift of additional park land or a change in school location, the land may be sold upon the approval of the city council with the resultant funds being used solely for purchase of a more suitable site.

(Prior code § 21.100)