§ 16.36

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code, and must be implemented and construed in accordance with Section 66477. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the recreation land use goal and policy of the general plan of the city. The continued increase in the development of residential dwelling units in the city, with the related increase in the population of the city, has created a need for updating the planning, acquisition, improvement and expansion of public parks, playgrounds and recreation facilities to serve the population of the city and the means of providing funds for such facilities.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

16.36.020 - Requirements.

A.

As a condition of approval of a tentative subdivision map or parcel map, every residential developer or person who develops land for residential purposes must dedicate a portion of such land, pay a fee in lieu thereof or a combination of both at the option of the city for the purpose of providing park and recreational facilities at the time and according to the standards and criteria contained in this chapter.

B.

This chapter does not apply to alterations or additions to an existing residential dwelling unit, provided such alteration or addition does not create an additional dwelling unit.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

It is found and determined that the public interest, convenience, health, welfare and safety require that five acres of property for each one thousand persons residing within the city be devoted to neighborhood and community parks.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

The city administrator or his or her duly authorized representative is charged with the enforcement and implementation of this chapter.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

Where a park or recreational facility has been designated in the element of the general plan of the city, and is to be located in whole or in part within the proposed development to serve the immediate and future needs of the residents of the development, the developer must dedicate land for a park and pay a fee for the development thereof. The amount of land to be provided must be determined pursuant to the following standards and formula:

A.

Area = 5.0 (D.F. × No. D.U.)

1000

B.

Definition of Terms.

1.

"Area" means the area in acres required to be dedicated as park site.

2.

"5.0" means park acreage standard obtained from Section 16.36.030.

3.

"D.F." means population density factor obtained from Section 16.36.060.

4.

"No. D.U." means number of residential dwelling units proposed in the development.

C.

The developer must, without credit, provide full street and utility improvements including, but not limited to, curbs, gutters, sidewalks, street paving, sewer, water and drainage improvements. The land to be dedicated and improvements to be made pursuant to this section must be approved by the city.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

For purposes of this chapter, it is found and determined that the current density factor for the city is 3.03 persons per residential dwelling unit. As conditions in the city change over time, the city council by resolution may adjust the density factor to reflect such changes.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

A.

General Formula. If there is no park and recreational facility designated in the city's general plan to be located in whole or in part within the proposed development, or if the proposed development contains fifty parcels of land or less, or if there is no site suitable to the city for a recreation facility in the development, the developer must, in lieu of dedicating land, pay a fee equal to acquisition cost. Such fee is to be used for a park that will serve the residents of the area being developed. However, nothing in this section prohibits the dedication and acceptance of land for park and recreation purposes in developments of fifty parcels or less, where the developer proposed such dedication voluntarily and the land is acceptable to the city.

B.

Fee = (5.0) (D.F.) (No. D.U.) × Cost

1000

C.

Definition of Terms.

1.

"Fee" means the total amount of the fee for the development.

2.

"5.0" means the park acreage standard obtained from Section 16.36.030.

3.

"D.F." means the population density factor obtained from Section 16.36.060.

4.

"No. D.U." means the number of residential dwelling units proposed in the development.

"Cost" means the park acquisition cost per acre obtained from Section 16.36.080.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

For the purposes of this chapter, the park acquisition cost per acre must be based on the fair market value as determined by the city administrator of land being dedicated, or for purposes of calculating a fee in lieu of dedication, the fair market value of land within the subdivision. The developer must provide land sale information, a current appraisal, and/or other information on land value within the subdivision. The city administrator may consider the developer-provided information and/or other land value information in calculation of the fair market value.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

A.

Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, will be determined by consideration of the following:

1.

Compatibility of dedication with the city's general plan;

2.

Topography, geology, access and location of land in the development available for dedication;

3.

Suitability for patrol, supervision and maintenance;

4.

Size and shape of the development and land available for dedication;

5.

The feasibility of dedication;

6.

Availability of previously acquired park property.

B.

The city administrator must make the initial determination as to whether land must be dedicated, a fee must be charged, or whether a combination of both land dedication and fee is required. A determination by the city administrator that a fee must be charged is final and conclusive, unless appealed to the planning commission of the city. A determination by the city administrator that land must be dedicated must be in the form of a recommendation to the planning commission.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

A.

At the time of approval of the tentative subdivision map or parcel map, the city administrator or a duly authorized representative must determine the land to be dedicated and/or the fees to be paid by the developer and whether or not the subdivision is eligible to be referred to the planning commission and the city council to determine if credit must be given for private open space under Section 16.36.150 of this chapter. The developer must dedicate the land and/or pay the fee without credit at the time of the filing of the final subdivision map or parcel map.

B.

In the event credit is established, the amount of the credit must be reimbursed upon a determination of the city administrator, or a duly authorized representative, that the open space and related facilities that qualified the subdivision or parcel map for credit have been completed per the approved plans.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

The provisions of this chapter do not apply to any industrial or commercial development or other development projects excluded under Government Code Section 66477.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

The city administrator must develop a schedule specifying how, when, and where the city must use the land or fees, or both, to develop park and recreation facilities to serve the residents.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

The land, fees, or combination thereof must be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

Land dedication and/or fees required by this chapter are in addition to developer fees required by Chapter 17.86 of this code.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

No credit will be given for private open space in a subdivision except as follows:

A.

Whenever any subdivision is to be developed as a condominium project, stock cooperative, or community apartment project, and private open space for park and recreation purposes is provided in the proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty percent, may be applied against the requirement of land dedication or payment of fees in lieu thereof at the discretion of the city council if, upon the recommendation of the planning commission, the city council finds that it is in the public interest to do so and that all of the following standards are met:

1.

That yards, court areas, setbacks, and other open areas required to be maintained by the city's zoning ordinances or building code must not be included in the computation of such private open space;

2.

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

3.

That the use of the private open space is restricted for park and recreational purposes by recorded covenant, that runs with the land in favor of the future owners of property and that cannot be defeated or eliminated without the consent of the city or its successor;

4.

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; and

5.

That facilities proposed for the open space are in substantial accordance with the general plan.

B.

Before credit is given, the planning commission must make written findings that the above standards are met.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

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

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

Chapter 16.38 - MERGER OF SUBSTANDARD LOTS

Sections: