Windsor Municipal Code Art. 1 Dedication of Land for Park and Recreation Purposes

This article is enacted pursuant to authority granted by Section 66477 of the Government Code of the State of California ("Quimby Act").

(Ord. No. 2000-128 § 2 (part))

In accordance with Government Code Section 66477(a), each subdivider of land subject to the Subdivision Map Act (Government Code Section 66410 et seq.) and classified by the Town zoning ordinance for residential use shall, as a condition to filing a final subdivision map, dedicate land, pay fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational purposes. in accordance with Government Code Section 66477(b), land or fees required under this article shall be conveyed or paid directly to the Town, which provides park and recreational services on a community wide level and to the area within which the proposed development will be located, if the Town elects to accept the land or fee, upon approval of the final map.

(Ord. No. 2000-128 § 2 (part))

a. In accordance with Government Code Section 66477(a)(1), the requirements imposed by Section 16-3-110 of this chapter, shall apply only to subdivision maps filed thirty (30) days or more after this article has become effective.

b. In accordance with Government Code Section 66477(a)(3), the land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision.

c. In accordance with Government Code Section 66477(a)(5), the amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

d. In accordance with Government Code Section 66477(a)(6), the Town shall develop a schedule specifying how, when, and where it will use the land, fees, or both, to develop park or recreational facilities to serve the residents of the subdivision in a manner consistent with the limitations of this article and the Subdivision Map Act (Government Code Section 66410 et seq.). Any fees collected under this article shall be committed within five (5) years after the payment of the fees or the issuance of building permits on one-half (½) of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they, without any deductions, 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.

e. In accordance with Government Code Section 66477(a)(4), park and recreational facilities shall be in accord with principles and standards of the park and recreation element of the Town General Plan and the Town Parks and Recreation Master Plan.

f. In accordance with Government Code Section 66477(a)(7), only the payment of fees may be required in subdivisions containing fifty (50) parcels or less; except that dedication or reservation of land may be required of condominium projects, stock cooperatives or community apartment projects as defined in Civil Code Section 1351 that exceed fifty (50) dwelling units, notwithstanding that the number of parcels in such subdivision may be less than fifty (50).

g. In accordance with Government Code Section 66477(a)(8), the requirements imposed by Section 16-3-110 of this chapter, shall not apply to subdivisions containing less than five (5) parcels; however, a condition may be placed on the approval of the parcel map for such subdivisions that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee described in Section 16-3-140, of this chapter, may be required to be paid by the owner of each parcel as a condition of the issuance of the building permit.

h. In accordance with Government Code Section 66477(d), the provisions of this article do not apply to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five (5) years old when no dwelling units are added.

(Ord. No. 2000-128 § 2 (part))

It is found and determined in accordance with Government Code Section 66477(a)(2), that the amount of existing neighborhood and community park area within the Town, as calculated pursuant to Government Code Section 66477(a)(2), equals or exceeds five (5) acres of park area for each one thousand (1,000) persons residing within the Town. It is also found and determined that the public interest, convenience, health, safety and welfare require that five (5) acres of land for each one thousand (1,000) persons residing in a subdivision within the Town subject to this article be devoted to local park and recreational purposes. In accordance with Government Code Section 66477(a)(5), the amount of land to be dedicated, or fees to be paid shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the subdivision. In accordance with Government Code Section 66477(a)(2), the amount of land to be dedicated shall be calculated according to the following formula:

LAND = A × B

a. "A" means the park and recreation area required per dwelling unit, based on the type of dwelling units of the proposed subdivision and the park area per one thousand (1,000) Town residents.

1. The park area of the Town is determined to be five point zero (5.0) acres per one thousand (1,000) people, or point zero, zero five (.005) acres per person, which is further broken down to three (3) acres per one thousand (1,000) people for community parks and two (2) acres per one thousand (1,000) people for neighborhood parks in accordance with the Windsor General Plan as amended.

2. The park and recreation area required per dwelling unit, A, is established as follows:

(a) For dwelling units to be constructed on property designated in the Town General Plan for fewer than eight (8) units per acre, each unit is assigned two point nine (2.9) people.

Therefore:

A = 2.9 × .003 = 0.0087 acres per unit

(for community parks)

A = 2.9 × .002 = 0.0058 acres per unit

(for neighborhood parks)

A (Total) = 0.0145 acres per unit

(b) For dwelling units to be constructed on property designated in the Town General Plan for eight (8) or more units per acre, each unit is assigned two point zero (2.0) people.

Therefore:

A = 2.0 × .003 = 0.006 acres per unit

(for community parks)

A = 2.0 × .002 = 0.004 acres per unit

(for neighborhood parks)

A (Total) = 0.01 acres per unit

(c) "B" means the number of dwelling units in the proposed subdivision. For the purpose of this section, the number of dwelling units in the proposed subdivision shall be determined as follows: In areas zoned for one (1) dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the final map. When the subdivision is located in an area zoned for multiple dwelling units per parcel, the number of dwelling units shall equal the maximum number of dwelling units allowed under that zone. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on the final map. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved planned development plan.

(Ord. No. 2000-128 § 2 (part))

Where fees are required by the Town to be paid in lieu of land dedication, such fees shall be equal to the applicable Park Land Acquisition Fee element of the Park Impact Fee established in Article 4, Chapter 6, Title 16 of the Town of Windsor Code.

(Ord. No. 2000-128 § 2 (part))

a. In accordance with Government Code Section 66477(a)(9), if a subdivider provides park and recreational improvements to the dedicated land, as authorized by the Town, the value of the park and recreational improvements, together with any equipment located thereon, as approved by the Town, shall be a credit against the payment of fees or dedication of land otherwise required by this article. To be authorized and approved by the Town, park and recreational improvements and equipment provided by subdividers pursuant to this Section 16-3-150 shall be generally consistent as determined by the Town with applicable principles and standards for local and neighborhood parks contained in the park and open space element of the Town General Plan, the Town of Windsor Design Standards, and the Town Parks and Recreation Master Plan. Such applicable principles and standards shall include, but not be limited to, relevant portions of Sections 4.1.2 and 4.1.3 of the Town of Windsor Design Standards.

b. In accordance with Government Code Section 66477(e), common interest developments such as community apartments, condominiums and stock cooperatives, as defined in Section 1351 of the Civil Code, shall be eligible to receive a credit not to exceed twenty-five (25%) percent as determined by the Town, against the land required to be dedicated, or the amount of the fee imposed pursuant to this article, for the value of private open space within the development which is usable for active recreational uses. For the purposes of this Section 16-3-150, private open space usable for active recreational uses means private open space that is:

1. At least three-quarters (¾) of an acre in area with the smallest dimension being at least one hundred (100) feet clear excluding yards and setbacks normally required by zoning provisions;

2. Owned and maintained by a homeowner's association, available to all residents of the subdivision without restriction, and designated for park and recreational purposes by recorded covenants which run with the land and cannot be defeated or eliminated without consent of the Town Council;

3. Suitable for active park and recreation purposes taking into consideration such factors as shape, topography, access, and improvements proposed; and

4. Generally consistent as determined by the Town with applicable principles and standards for local and neighborhood parks contained in the park and open space element of the Town General Plan, the Town of Windsor Design Standards, and the Town Parks and Recreation Master Plan. Such principles and standards that apply to private open space within common interest developments subject to this Section 16-3-150 include, but are not limited to, those contained in Section E.3.5(a), (b), (d), (e) and (f) of the General Plan, and relevant portions of Sections 4.1, 4.1.2 and 4.1.3 of the Town of Windsor Design Standards.

(Ord. No. 2000-128 § 2 (part))

a. Prior to approval of a subdivision subject to this article, the Planning Commission shall consider the report and recommendation from Town staff regarding the following:

1. The amount of land required; or

2. That a fee be charged in lieu of land; or

3. That a combination of land and fee be required; and

4. The location of the park land and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees.

b. At the time of approval of a subdivision subject to this article, the Planning Commission shall determine whether land, in-lieu fees, or a combination of land and fees shall be dedicated and/or paid by the subdivider.

c. The Planning Commission may approve, modify or disapprove the recommendations of the Town staff; provided, however, any modification of the recommendation not previously considered shall first be referred back to Town staff for further report and recommendation. Town staff shall report back to the Planning Commission within thirty (30) days. After the receipt and consideration of the report, or after thirty (30) days have passed in the event no report is received, the Planning Commission may take action on the modification.

(Ord. No. 2000-128 § 2 (part))

Dedication of land outside of the subdivision may be authorized by the Town in consultation with the Planning Commission by action on the tentative map and be created toward the developer's park and land dedication requirement pursuant to this article.

(Ord. No. 2000-128 § 2 (part))