10-1.602 Park Land Dedication.

1. General. This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the City. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this article are in accordance with the General Plan of the City of Walnut Creek, and any amendments thereto.

2. Requirements. As a condition of approval of a tentative 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 at the time and according to the standards and formula contained in this article.

3. General Standard. It is found and determined that the public interest, convenience, health, welfare and safety require that two (2) hectares [five acres] of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes.

4. Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the General Plan of the City, and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to meet that purpose.

The amount of land to be provided shall be determined pursuant to the following standards and formula:

The following table based on the above formula is to be followed:

Unless there is evidence to the contrary, the following criteria will be used to estimate population. Planned unit developments, apartments, condominiums or other residential projects with known floor plans, will be assumed to average one person per bedroom. Otherwise, single-family medium density projects will be assumed to average 3.0 persons per dwelling unit, single-family low density projects will be assumed to average 3.5 persons per dwelling unit, and projects with, single-family very low density will be assumed to average 4.0 persons per dwelling unit. (§1, Ord. 1603, eff. 9/13/84)

5. Formula for Fees in Lieu of Land Dedication.

a. General Formula. If there is no park or recreational facility designated in the City of Walnut Creek's General Plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section 10-1.602.4 and in an amount determined in accordance with the provisions of §10-1.602.7, the fee to be used for a local park or recreational facility which will serve the residents of the area being subdivided.

b. Fees in Lieu of Land—50 Parcels or Less. If the proposed subdivision contains 50 parcels or less and is not a condominium, stock cooperative or community apartment project containing more than 50 dwelling units, the subdivider shall pay a fee equal to the land value of the portion of the local park or recreational facility required to serve the needs of the residents of the proposed subdivision as prescribed in Section 10-1.602.4 and in an amount determined in accordance with the provisions of Section 10-1.602.7.

c. Use of Money. The money collected hereunder shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the Park Recreation and Open Space Commission deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. The City Council finds and determines that the relatively compact geography of Walnut Creek, the range of recreational programs offered by the City and non-profit groups which use City facilities, and the mobility of its residents result in residents of each area of the City making use of and being served by each park and recreational facility owned by the City. Accordingly fees collected under this Article may be used in any City park or recreational facility. The money shall be committed within five (5) years after payment or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lot bears to the total area of all lots in the subdivision.

6. Criteria for Requiring both Dedication and Fee. In subdivisions of over 50 lots, or, in the case of a

condominium project, stock cooperative or community apartment project, if the subdivision contains more than fifty (50) dwelling units the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:

a. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of §10-1.602.7 hereof shall be paid for any additional land that would have been required to be dedicated pursuant to §10-1.602.4.

b. When a major part of the local park or recreational 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 dedicated and a fee computed pursuant to §10-1.602.7 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to §10-1.602.4. The fees shall be used for the

improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities reasonably related to serving the subdivision.

7. Amount of Fee in Lieu of Park Land Dedication. When a fee is required to be paid in lieu of park land dedication, the amount of the fee shall be based upon the average estimated fair market value of the land being subdivided or the fair market value of the land which would otherwise be required to be dedicated according to §10-1.602.4.

The fair market value shall be as determined by the Community Development Department at the time of final map or parcel map approval. If the subdivider objects to the fair market value determination, the subdivider may request the City to obtain an appraisal of the 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. All costs required to obtain such appraisal shall be borne by the subdivider.

8. Subdivisions not within General Plan. When the proposed subdivision lies within an area not then within, but to be included within, the City's General Plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the City's General Plan and in accordance with the provisions of this article.

9. Determination of Land or Fee. Land dedication, or payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

a. Community Resources of the City's General Plan;

b. Topography, geology, access and location of land in the subdivision available for dedication;

c. Size and shape of the subdivision and land available for dedication;

d. Feasibility of dedication; and

e. Availability of previously acquired park property.

The determination by the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination, shall be final and conclusive.

10. Credit for Private Recreation or Open Space. Where a substantial private park and recreational area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50%, may be given against the requirement of land dedication or payment of fees in lieu of, if the Park, Recreation and Open Space Commission finds that it is in the public interest to do so and that all the following standards are met:

rovided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50%, may be given against the requirement of land dedication or payment of fees in lieu of, if the Park, Recreation and Open Space Commission finds that it is in the public interest to do so and that all the following standards are met:

a. That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

b. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions;

c. That the use of the private open space is 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 or its successor;

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

e. That facilities proposed for the open space are in substantial accordance with the provisions of the General Plan; and

f. That the open space for which credit is given is a minimum of two (2) acres and provides a minimum of four (4) of the local park basic elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation park needs of the future residents of the area:

Before credit is given, the Parks, Recreation and Open Space Commission shall make written findings that the above standards are met. (§1, Ord. 1603, eff. 9/13/84)

11. Procedure. At the time of approval of the tentative subdivision or parcel map, the Parks, Recreation and Open Space Commission shall determine, after a report and recommendation from the Public Service Department, pursuant to §10-1.602.9, whether land is to be dedicated or in-lieu fees are to be paid by the subdivider or any combination of land and fees. The recommendation by the Public Service Department and the action of the Parks, Recreation and Open Space Commission shall include the following:

(A) The amount of land required; or

(B) That a fee be charged in lieu of land; or

(C) That land and a fee be required; and/or

(D) That a stated amount of credit be given for private recreation facilities or unique natural and special features, etc.;

(E) The action in subsection a. above shall be reviewed by the Planning Commission or the Zoning Administrator for concurrence. If concurrence is not obtained, this matter will be forwarded to the City Council for final determination. In making its determination, the Council shall be guided by the same standards contained in this article where applicable.

At the time of the filing of the final or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the City.

Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map and shall be recorded contemporaneously with the final subdivision map.

The Public Services Director shall develop a schedule specifying how, when and where the City will use the fees to develop park or recreation facilities in compliance with Section 10-1.602.5. This schedule may be presented to the Park, Recreation and Open Space Commission of the City and, after their review, incorporated in the Capital Improvement Program of the City. The schedule may be amended from time to time and may be modified by action of the City Council in the adoption of the Capital Improvement Program or by other Council action.

12. Commencement of Development. At the time of approval of the final or parcel map, the City shall specify when development of the park or recreational facilities shall be commenced.

13. Non-Applicable Subdivisions. The provisions of this article do not apply to commercial or industrial subdivisions, 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. (§1, Ord. 1530, eff. April 22, 1982, as reaffirmed by §1, Ord. 1556, eff. December 30, 1982, §1, Ord. 2034, eff. 8/5/04)