Vallejo Municipal Code Art. I Parkland Dedication and Park In Lieu Fees

This article is enacted pursuant to the authority granted the city under the Constitution, the police power, and the home rule powers vested in Vallejo as a charter city and laws of the state. This article is enacted pursuant to the Subdivision Map Act, in particular, those provisions contained in Section 66477 of the Government Code. The dedication of parkland land and/or payment of fees in lieu thereof required by this article are in accordance with the public facilities and other services element of the general plan and the master park and recreation plan of the city.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

The city council finds that substantial urban growth creates great demands to provide recreational opportunities for physical and mental well-being. Recreation planning should include the entire city, and provide facilities for intensive recreation, such as organized sports and community meetings, as well as areas of open space for more passive recreation to provide contact with the natural environment. The council further finds that these goals and the needs of residents of new residential developments can sometimes be better obtained by providing strategically placed large parks and recreational facilities, or more intensive use of existing parks, rather than a number of small neighborhood parks and facilities. The recreational needs of the community and of residents of new residential developments can be met by providing for and establishing the types of facilities classified in Section 3.18.040.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

A. Neighborhood Parks. These facilities are approximately four to seven acres in size, and are designed primarily to provide facilities for preschool, and elementary, age children. They may be combined with or be located adjacent to elementary school site. They may include open, multiuse turfed playfields, play apparatus areas, park-like landscaped areas, multigame court areas, sanitation facilities and/or meeting facilities.

B. Community Parks. These facilities are approximately twelve to fifteen acres in size and are designed primarily for recreational activities of all age groups. They may be combined with or be located adjacent to junior high or high school sites. They may include open, multiuse turfed areas, sports fields, play apparatus areas, park-like landscaped areas, tennis courts, swim centers, recreation buildings, lighted ballfields, picnic areas, parking, and sanitation facilities.

C. District/Citywide Parks. These facilities afford contact with the natural and/or historic environment and possess a unique character or function not found in neighborhood or community parks. Development should be consistent with the geographic and environmental characteristics of the park site, and may include a variety of special use facilities such as swimming, boating, fishing, golf, hiking, interpretive facilities, scenic overlooks, picnic areas, and other similar facilities.

D. Trail Systems. This includes district/citywide pathways using public easements, rights-of-way, and natural features such as watercourses and ridgelines, providing a nonvehicular circulation system throughout the city and district to connect major facilities and points of activity and interest. Such a trail system increases the effectiveness of recreational opportunities by providing the linkage between separate facilities to create a continuous recreational network. Such a system itself also provides recreation opportunities, such as walking, jogging, bicycling, nature study, photography, and the like.

E. Open Space Areas. Open space areas themselves have recreational value and merit, providing visual relief from the urban landscape and providing opportunities for passive and active recreation. Open space areas are defined in the public facilities and other services element of the general plan.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

A. Standards. It is found and determined by the city council that the public interest, convenience, health, safety, and welfare require that four and one-quarter acres of land for each one thousand persons within the city be acquired and developed to city standards for park and recreation purposes. It is further found and determined by the city council that said ratio (four and one-quarter acres of land for each one thousand persons) is justified and permissible under SB 1785 (Chap. 1467, Stats. 1982, [Government Code § 66477]) as established by the findings and conclusions in Section 1 of Ordinance 726 N.C. (2d) (uncodified).

B. Formula. Pursuant to the fee study done and accepted by city council, in order to provide for acquisition of park land, it is hereby determined that acquisition costs, are five hundred twenty-six thousand nine hundred eighteen dollars per acre. The following formula shall be used to calculate a schedule of fees, rounded up to the nearest whole number, to support acquisition of park land:

C. Fee Schedule. The fee schedule shall be as follows:

D. Fee Schedule Escalation. Commencing January 1, 2009, the fees established in this section shall be automatically adjusted by the Engineering News Record Construction Cost Index for the San Francisco Bay Area.

E. Changes in Fee Schedule. The city council may also from time to time, at its discretion, revise, alter, amend and/or delete any of the changes set forth in this section by adoption of the appropriate ordinance or ordinances.

F. If a subdivider objects to the fair market value determination per acre of land, the subdivider may request that the city obtain an appraisal of property by a qualified real estate appraiser mutually agreed upon by the city and the subdivider, which appraisal will be considered by the city in determining the fair market value of land for the purpose of setting the subdivider's park fee pursuant to the Quimby Act, Government Code section 66477.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

A. As a condition of approval of a tentative subdivision map, the subdivider, shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park and recreation purposes according to the standards and formula contained in this chapter.

B. Payment of the fees or dedication of land, or both, required pursuant to a condition of a tentative map shall be made concurrently with the approval of the final subdivision map.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

A. Each park, recreation, and open space site shall be determined by the development services director of the city in consultation with the administrator of the greater Vallejo recreation district, or his designated representative, and approved by the planning commission of the city in consultation with the board of directors of the greater Vallejo recreation district.

B. In determining the location of park and recreation land, the development services director, in consultation with the administrator, shall consider the following:

1. The general plan, and in particular, the open space and conservation element and the master park and recreation plan;

2. The topography, geology, access, and location of suitable land; and

3. The size and shape of the proposed development, and its relationship to proposed and existing facilities.

C. When the proposed site falls within the confines of the proposed development, land shall be reserved or dedicated, at the city's option, with concurrence from the greater Vallejo recreation district for park, recreation, or open space purposes. Reservation shall be accomplished in the method described in Chapter 15.44 of this code.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

Dedication of the land shall be made concurrently with the approval of the final subdivision map. The property shall be dedicated free and clear of all encumbrances, except those approved by the city.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

A. Where private open space for park and/or recreational purposes is provided in a proposed subdivision is to be privately owned and maintained by the future residents of the subdivision or development, partial credit may be given by the city, not to exceed fifty percent against the requirement of land dedication and/or payment of fees in lieu thereof, if the planning commission of the city, after receiving recommendations from the administrator of the greater Vallejo recreation district, or his designated representative, and the development services director of the city, finds that it is in the public interest to do so and that all the following conditions and standards are met:

1. Yard, court areas, setbacks, and other open areas required to be provided or maintained by the zoning, building and other ordinances of the city, and the rules and regulations promulgated thereunder, shall not be included in the compilations of such private open space areas;

2. Private ownership and maintenance of the open space area is adequately provided for by virtue of recorded written agreement, conveyance or restrictions, as approved by the city attorney;

3. Use of the private, open space area is restricted for park and recreational purposes by a recorded conveyance, which runs with the land in favor of the future owners of the property, and which cannot be amended or eliminated without the consent of the city council, all as approved by the city attorney;

4. Proposed private, open space area is reasonably adaptable for use for park and/or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;

5. Facilities proposed for such open space area are in substantial accord with the provisions of the general plan and the master park and recreation plan; and

6. Area for which credit is granted shall be of sufficient size to satisfy the requirements of the general plan and provide a minimum of five of the following local park and basic recreational elements listed below, or a combination of such, and other recreational improvements which will meet the specific park or recreational needs of the future occupants or residents of the subdivision or development:

B. Before credit shall be given, the planning commission of the city shall make written findings that the standards set forth in subsection A of this section are in the judgment of the commission met.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

A subdivider may request that the project dedicate an improved park or recreational site rather than dedicating land and/or fees in lieu of land. Such request shall be subject to the approval of the city, with concurrence from the greater Vallejo recreation district. At a minimum, any such improved park or recreational site shall:

A. Consist of four and one-quarter acres of land per each one thousand persons to be housed in the proposed development, but in no event less than four acres;

B. Be located in keeping with the criteria and principles as set forth in the general plan and further as delineated and prescribed by the then current neighborhood parks and services areas plan adopted by the city council;

C. Be constructed to plans and specifications approved by the city council, upon recommendation of the planning commission of the city and the board of directors of the greater Vallejo recreation district; and

D. Be completed and ready for public use within the time fixed by the city council.

E. At the time of approval by the city council, the council shall determine that amount of credit that the dedication of such improved park or recreational site shall receive towards land dedication and/or fees in lieu thereof as required under the provisions of this chapter.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

Any subdivider, developer, owner or builder may request a credit against park dedication or fees based on the particular land or project having dedicated land or paid fees for parks pursuant to a prior land use approval or entitlement. Upon request and after consultation with the development services director of the city and the administrator of the greater Vallejo recreation district, the city manager shall certify in writing that credit is due under the provisions of this section, the extent to which an exemption shall be granted, and a statement of facts in such detail as the city manager deems necessary to support his determination.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

The city and the greater Vallejo recreation district shall develop a schedule specifying how, when and where it will use the land or fees or both to develop park or recreational facilities, or targeting certain improvements for acquisition, construction, and installation. Any fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half 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 pursuant to California Government Code § 66477(a)(6).

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

Subject to the approval of the city and the greater Vallejo recreation district as set forth in section 3.18.120, monies in the fund may be used for acquisition of land for parks or recreational facilities or open space, for improvement thereto, for reasonable consultation fees, feasibility studies, environmental review, and professional services performed in connection with acquisition or improvement of parks, recreational facilities, or open space, or for other purposes appurtenant thereto.

(Ord. 1596 N.C. (2d) § 2 (part), 2007.)

The provisions of this article shall not be applicable to accessory dwelling units (as defined in Section 16.04.011), nor to nonresidential subdivision, developments, or construction, nor to the rehabilitation and/or conversion of existing motels, hotels, or rooming houses to residential projects within the area defined by the map of the Downtown Off-street Parking Assessment District, a copy of which is attached to and made a part of the ordinance codified in this section, 8 even if an additional number of units, or additional square feet of gross floor area, is added; provided further, that the applicability of the provisions of this section is intended to and does have a retroactive effect upon any existing structure and does retroactively remove the obligation of such structures which have been rehabilitated or converted to residential projects to pay said fees. The provisions of this article shall also not be applicable to condominium projects which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added. If dwelling units are added, the new units shall pay the fees designated in this article which are in force at the time the units are added to the complex. If the apartment building being converted is less than five years old, it shall pay the fees for all the units, calculated at the difference between the current fees for such units and the fees which were or could have been imposed at the time of the original construction.

(Ord. 1596 N.C.(2d) § 2 (part), 2007.)

(Ord. No. 1804 N.C.(2d), § 4, 9-25-2018)