Article 6 — DEDICATIONS AND RESERVATIONS

As a condition of approval of a tentative, or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights, drainage, public greenways, scenic easements, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.

Improvements shall be in accordance with Article 8 of this chapter. (§ 1, Ord. 1530, eff. April 22, 1982)

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:

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Typical Dwelling Unit Average Persons per Acreage Requirement per dwelling
Type Dwelling Unit unit
Single family 4.0 0.008 hectares [.0200 acres]
Single family 3.5 0.007 hectares [0.0175 acres]
Single family 3.0 0.006 hectares [.0150 acres]
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City of Walnut Creek, CA

SUBDIVISIONS

§ 10-1.602

§ 10-1.602

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Typical Dwelling Unit Average Persons per Acreage Requirement per dwelling
Type Dwelling Unit unit
Single family or Multi- 2.5 0.005 hectares [.0125 acres]
family
Multi-family 2.0 0.004 hectares [.0100 acres]
Multi-family 1.0 0.002 hectares [.0050 acres]
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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.

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.

al 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

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City of Walnut Creek, CA § 10-1.602

WALNUT CREEK CODE

• 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

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City of Walnut Creek, CA § 10-1.602

SUBDIVISIONS

• 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.

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

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City of Walnut Creek, CA § 10-1.602

WALNUT CREEK CODE

• (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. 1603, eff. 9/13/1984; § 1, Ord. 1530, eff. April 22, 1982; as reaffirmed by § 1, Ord. 1556, eff. December 30, 1982; § 1, Ord. 2034, eff. 8/5/2004)

1. General. As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as the City shall deem necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

2. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty (30) days after the requirement of dedication is imposed by the City the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

3. Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

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City of Walnut Creek, CA § 10-1.603

SUBDIVISIONS

• b. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

  • c. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

4. Exemptions. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps.

1. General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.

2. Standards for Reservation of Land. Where a park, recreational facility, fire station, library or other public use is shown on an adopted specific plan or the General Plan containing a community facilities element, recreation and parks element and/or a public building element, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the principles and standards contained in the above specific plan or General Plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall be consistent with the adopted specific plan or the General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

3. Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements unless the period of time is extended by mutual agreement.

4. Payment to Subdivider. The purchase price shall be the fair market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

5. Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement, the reservation of such area shall automatically terminate.

If tentative or vesting tentative map approval contains a condition requiring a dedication which is claimed to be excessive by the subdivider, claims shall be processed according to Section 66475.4 of the Subdivision Map Act.

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City of Walnut Creek, CA § 10-1.701

SUBDIVISIONS