Chapter 17.34 — PARKLAND DEDICATION AND IN LIEU FEES FOR PARK AND RECREATION PURPOS

The purpose of this chapter is to provide a method for developing park and recreation facilities within the city to benefit city residents. This chapter is executed pursuant to the authority granted by Section 66477 of the California Government Code. The park and recreation facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the city general plan.

As a condition of approval of a residential tentative subdivision or parcel map, the subdivider must dedicate land, pay a fee in lieu thereof, or a combination, at the option of the city, for park and recreation purposes at the time and according to the formulas contained in this chapter.

Provisions of this chapter shall apply to all residential projects. The provisions of this chapter do not apply to commercial or industrial subdivisions; or to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing multifamily dwelling which is more than five years old, when no new dwelling units are added.

In consideration of the public interest, convenience, health, welfare, and safety, the city standard for park and recreation purposes shall be five acres of property for each one thousand persons residing within the city.

When a tentative subdivision or parcel map is approved, the approving body shall determine whether to require dedication of land, the payment of a fee in lieu thereof, or a combination. In subdivisions containing fifty parcels or less, only the payment of fees is required, except land may be dedicated for park and recreation purposes if mutually agreed to by the subdivider and the city.

The above determination shall be consistent with the general standard in this chapter, and shall be made upon consideration of the following factors:

A.

The city general plan;

B.

The natural features, access and location of the land available for dedication;

C.

The size and shape of the subdivision and land available for dedication; and

D.

The location of existing or proposed park sites and trailways.

Fees determined pursuant to this chapter shall be paid to the city at the time of recording a final subdivision or parcel map. Collected fees shall be expended solely for the purpose of developing new park or recreation facilities or rehabilitating existing park or recreation facilities. The planning commission shall develop and recommend to the city council a schedule specifying how, when, and where such fees shall be used.

Collected fees shall be appropriated for a specific project within five years after the payment of such fees, or the issuance of building permits on at least fifty percent of the lots created by the tentative subdivision map, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then owners of record of the subdivision in the same proportion as the size of their lot bears to the total of all lots within the subdivision.

The minimum amount of land to be dedicated shall be determined using the following formula:

U × P × S = Minimum acreage dedication

where:

U = Number of dwelling units in the subdivision as allowed by the zoning district(s) of the subdivision area.

P = Population per dwelling unit by dwelling unit type, based on the latest U.S. Census.

S = Parkland standard of five acres per one thousand people.

When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication pursuant to section 17.34.070. The fee shall be determined by the following formula:

P × S × V = Park fee per acre by dwelling type

where:

P = Average number of persons in the dwelling type, based on the latest U.S. Census.

S = Parkland standard of five acres per one thousand persons.

V = Fair market value of one buildable acre of the subdivided land by dwelling type as determined by a certified appraiser approved by the city in a written appraisal report paid for by the subdivider and made at the time of filing of a final map.

Buildable Acre = A typical acre within the subdivision, and located in other than an area on which building is excluded because of flooding, rights-of-way, easements, or other building restrictions.

If the subdivider provides park or recreational improvements to publicly dedicated park or recreational land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this chapter.

The land or fees required under sections 17.34.070 and 17.34.080 may be reduced, at the discretion of the approving body, by an amount equivalent to thirty percent of the area of land in the subdivision which is to be used for private park and recreation facilities. To grant this credit, the approving body shall find that it is in the public interest to do so and that all of the following standards are met:

A.

Yards, setbacks and other open areas required by the zoning ordinance shall not be included in the computation of such private open space;

B.

The private park and recreation facilities shall be owned by a homes association composed of all property owners in the subdivision;

C.

The use of the private park and recreation facilities shall be restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city;

D.

The proposed private open space shall be reasonably adaptable for the use of park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

E.

Facilities proposed for the open space shall be in substantial accordance with the provisions of the general plan.

Any credits granted are at the total discretion of the city council as the final authority.

Chapter 17.35 - EFFECTIVE DATE