Article 16 — Additional Fees and Dedications: School Facilities and Park and…

The requirements and provisions of Chapter 8 of Title 9 of this Code shall be applied to maps processed under this chapter.

(Ord. 744-NS, eff. April 17, 1980)

The Council does hereby find, determine, and declare as follows:

(a) In 1965, the Legislature of the State amended the Subdivision Map Act (formerly Sections 11500, et seq., of the Business and Professions Code of the State) to enable counties to require either the dedication of land, the payment of fees, or a combination of both for park or recreational purposes as a condition of the approval of a subdivision map; and

(b) In 1972, the Legislature of the State amended the Subdivision Map Act (formerly Section 11596 of the Business and Professions Code of the State), to enable cities and counties to also require either the dedication of land, the payment of fees, or a combination of both for park or recreational purposes as a condition of the approval of a parcel map for a division of land not a subdivision; and

(c) Before a city or county may avail itself of said Act, it shall have a General Plan containing a recreational element with definite principles and standards for park and recreational facilities to serve the residents of the city or county; and

(d) The Council has amended the General Plan of the City to include such recreational element; and

(e) The revised Subdivision Map Act continues the earlier substantive provision as Section 66477 of the Government Code of the State.

(Ord. 744-NS, eff. April 17, 1980, as amended by part 24, Ord. 1437-NS, eff. July 7, 2005)

Every subdivider who subdivides land requiring either a final map or a parcel map shall dedicate a portion of such land, pay a fee, or do both, as set forth in this article, for the purpose of providing park and recreational facilities to serve the future residents of such divided property.

(Ord. 744-NS, eff. April 17, 1980)

The provisions of this article shall apply to all subdivisions, as that term is defined in Section 66424 of the Government Code of the State, and to time extensions with regard to any map; provided, however, the provisions of this article shall not apply to industrial subdivisions or to condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added (see paragraph (d)of Section 66477 of the Government Code of the State). Furthermore, the provisions of this article shall only apply to a subdivision not requiring a final map if the subdivision is to be made by or on behalf of a person engaged in the business of developing and selling real estate as distinguished from a private owner making an occasional sale. A person shall not be deemed to be engaged in the developing and selling of real estate if he has made no more than four (4) sales in either of the last two (2) preceding years. Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this article; provided, however, a condition may be placed on the approval of the parcel map for such a division of land to the effect that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within two (2) years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. (See subsection(a)(8) of Section 66477 of the Government Code of the State.)

(Ord. 744-NS, eff. April 17, 1980, as amended by part 25, Ord. 1437-NS, eff. July 7, 2005)

It is hereby found and determined:

(a) That the public interest, convenience, health, welfare, and safety require that the following acreage for each

1,000 persons residing within the City be devoted to park and recreational purposes:

• (1) Five (5) acres of neighborhood park lands;

• (2) Two (2) acres of playfields; and

• (3) Two (2) acres of community park lands;

• (b) That one-half (1/2) of such requirements will be satisfied in part by the City, the Conejo Recreation and Park District, and local school districts; and

(c) That the remaining one-half (1/2) of such requirements amounting to two and one-half (2-1/2) acres of neighborhood park lands, one acre of playfields, and one acre of community park lands shall be supplied by subdividers under the requirements of this article.

• (Ord. 744-NS, eff. April 17, 1980)

Population density, for the purposes of this article, shall be determined in accordance with the following standards, to wit:

• (a) Single-family detached dwellings = 3.8 persons per dwelling unit;

• (b) Single-family attached dwellings less than, or equal to, seven (7) units per net acre density = 2.8 persons per dwelling unit;

• (c) Condominiums and other attached dwellings, other than apartments, over seven (7) units per net acre = 2.4 persons per dwelling unit;

• (d) Apartments = 2.0 persons per dwelling unit; and

• (e) Mobile homes = 1.75 persons per dwelling unit.

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 at the time the tentative subdivision tract map or parcel map is approved by the City.

• (Ord. 744-NS, eff. April 17, 1980)

The amount of land to be dedicated by a subdivider pursuant to this article shall be based on the following formula: (a) A = 4.5 (D.F. ( D.U.)

1000

• (b) Definitions of terms:

• (1) A shall mean the area in acres required to be dedicated as park sites or to be approved for a fee payment in lieu of dedication.

• (2) D.F. shall mean the density factor obtained from Section 9-3.1606 of this article as applicable to the proposed development.

• (3) D.U. shall mean the number of dwelling units in the subdivision.

• (4) 4.5 shall mean the number of acres per one thousand (1,000) persons to be provided by the developer.

• (5) 1,000 shall mean the number of persons.

• (Ord. 744-NS, eff. April 17, 1980)

Where a fee is required 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 to be dedicated pursuant to the provisions of Section 9-3.1607 of this article. The amount of such fee shall be a sum equal to the fair market value of the amount of

land, including full street improvements, either dedicated or to be maintained by a property owner, that would otherwise be required to be dedicated pursuant to the provisions of Section 9-3.1607 of this article. The fee shall be calculated by multiplying “A,” as derived from said Section 9-3.1607, by the fair market value per acre and including the actual cost for the full street improvements; however, where a subdivision includes a Primary or controlled access Secondary Highway as designated on the Circulation Element of the General Plan, the land area and actual costs for street improvements in excess of the design standards for a collector street shall not be included in such fee calculation.

The fair market value shall be determined prior to the approval of the final map or parcel map in accordance with the following:

(a) The fair market value shall be determined by the application of accepted assessment practices, and the initial determination may be based upon the current assessed value, modified equal to market value, in accordance with the standards established by the current practices of the County Assessor; or

(b) If either the City, the Conejo Parks and Recreation District, or the developer objects to such evaluation, either party, at the developer’s expense, may obtain an appraisal of the property by a neutral qualified real estate appraiser approved by the City, which appraisal shall be considered in addition to the provision of subsection (a) of this section by the Council in reaching its decision as to fair market value; or

(c) The City, Conejo Parks and Recreational District, and the developer may agree to the fair market value. (Ord. 744-NS, eff. April 17, 1980)

Where private open space for park and recreation purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the property, such areas may be credited against the requirement of dedication for park and recreation purposes, as set forth in Section 9-3.1607 of this article, or the payment of fees in lieu thereof, as set forth in Section 9-3.1608 of this article, provided the Planning Commission finds it is in the public interests to do so and the following standards are met:

(a) That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building provisions of this Code shall not be included in the computation of such private open spaces; 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 the property within the tract and which cannot be defeated or eliminated without the consent of the Planning Commission; and

(d) That the proposed private open space is reasonably adaptable for the use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and the location of the private open space land, and

(e) That the facilities proposed for the open space are in substantial accordance with the provisions of the Recreation Element of the General Plan and are approved by the Planning Commission.

The Council, upon a recommendation by the Planning Commission, may adopt more specific guidelines and standards to be utilized in determining the actual percentage of credit that may be given for private park and recreational facilities in any proposed subdivision. Such guidelines and standards shall be adopted as a resolution by the Council, upon a recommendation by the Planning Commission, only after a public hearing, noticed and conducted in the manner required for zone changes, in accordance with the provisions of Article 29 of Chapter 4 of this title. (Ord. 744-NS, eff. April 17, 1980)

(a) Procedure. The procedure for determining whether the subdivider shall dedicate land, pay a fee, or both shall be as follows:

(1) Determination by the subdivider. At the time of filing a tentative tract map for approval, the owner of the property, as a part of the filing, shall 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 such purposes, he shall designate the area thereof on the tentative tract map as submitted.

(2) Action of the City. At the time of the tentative tract map approval, the Planning Commission, upon the advice of the Conejo Recreation and Park District, shall determine as a part of such approval, whether to require a dedication of land within the subdivision, the payment of a fee in lieu thereof, or a combination of both.

(3) Prerequisites for acceptance of final maps. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act and conveyed to the Conejo Recreation and Park District, or to the City if the District does not have any jurisdiction within the subdivision. Where fees are required, they shall be deposited with the Conejo Recreation and Park District, or with the City if the District does not have any jurisdiction within the subdivision, prior to the acceptance of the final tract map. If the Conejo Recreation and Park District refuses to accept either the park dedication or the fees, such dedication shall be conveyed to the City or its assignees and/or the fees will be held by the city in a trust fund for the Conejo Recreation and Park District. Open space covenants for private park or recreational facilities shall be submitted in a form approved by the City Attorney and Community Development Director prior to the Council accepting the final tract map and shall be recorded contemporaneously with the final tract map.

(b) Determination. Whether the Planning Commission, upon the advice of the Conejo Recreation and Park District, accepts the land dedication or elects to require the payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

• (1) The Recreation Element of the General Plan;

• (2) The topography, geology, access, and location of the land in the subdivision available for dedication;

• (3) The size and shape of the subdivision and the land available for dedication;

• (4) The location of existing or proposed park sites and trailways; and

• (5) The desirability of developing the land proposed for dedication for park and recreational purposes as determined by a schematic site plan submitted by the subdivider.

The determination of the Planning Commission as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof shall be final and conclusive, unless appealed to the Council. On subdivisions involving fifty (50) lots or less, only the payment of fees shall be required.

(Ord. 744-NS, eff. April 17, 1980)

Prior to the acceptance of the final tract map, the Council, upon the advice of and written agreement with the Conejo Recreation and Park District, shall develop a schedule specifying how and when it will use the land or fees, or both, to develop park or recreational facilities. Any fees collected shall be committed within five (5) years after the payment of such fees or the issuance of building permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later. If such fees are not 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 within the subdivision. (Ord. 744-NS, eff. April 17, 1980)

The land and fees received pursuant to the provisions of this article shall be used only for the purpose of providing park and recreational facilities to serve the residences of the development for which received, and the location of the land and the amount of the fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the property.

(Ord. 744-NS, eff. April 17, 1980)