Chapter 14.16
DEDICATION OF LAND FOR PARK FACILITIES AND PAYMENT IN LIEU OF FEES
Sections:
14.16.040 Payment of impact fees or park dedication required.
14.16.050 Standards for determining the amount of dedicated parkland.
14.16.060 Standards for determining impact fees.
14.16.070 Determination of dedication, fees or combination.
14.16.090 Improvements to dedicated parkland and adjoining public right-of-way.
14.16.100 Use of dedicated parkland.
14.16.110 Time of payment of impact fees or land dedication.
14.16.120 Schedule of performance.
14.16.010 Purpose.
This chapter is enacted pursuant to the authority granted by California Government Code Section 66477 and shall be interpreted to be consistent with the provisions thereof. The park and recreational facilities for which payment of impact fees and/or dedication of land is required by the terms of this section shall be provided in accordance with the standards, specifications and requirements of the general plan of the city, any specific plan adopted thereto, and any other adopted resolution, policy or standard of the city. [Ord. 2010-126 § 1 (Exh. A)].
14.16.020 Exemptions.
The provisions of this chapter shall not apply to:
A. Subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of the parcel map for such subdivision that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee otherwise required by this chapter may be required to be paid by the owner of each such parcel as a condition to the issuance of such building permit.
B. Commercial or industrial subdivisions, or condominium or stock cooperative projects that consist of the subdivision of airspace in an existing apartment building that is more than five years old when no new dwelling units are added. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: park fee exemption for certain residential condominium conversions, AVMC 15.54.170.
14.16.030 Definitions.
The following definitions apply to the use of these terms for the purposes of this chapter:
“Fair market value” means the value of the land being subdivided based upon the current assessed value, modified to equal market value in accordance with the current practice of the county assessor, or at the option of the city based upon an appraisal by a qualified appraiser selected by city. In the event the subdivider disagrees with this fair market value determination, the subdivider may select a qualified appraiser who, together with the original appraiser, shall select a third qualified appraiser. The three appraisers so selected shall conduct a fair market value analysis of the property and their determination shall be binding upon the city and the subdivider for the purposes of this chapter. All costs of appraisal shall be paid by the subdivider prior to the recordation of any final map or the issuance of any building permit. The fair market value shall be determined as of the time the final map or parcel map is filed. With regard to any park and recreation facilities provided by the subdivider, the fair market value shall be the actual and reasonable costs to acquire, construct or install the improvement or equipment, as determined by the city engineer.
“Park” means a parcel or contiguous parcels of land which is or are owned, operated and maintained by a public agency or private association and which provides recreational land and facilities for the benefit and enjoyment of the residents of the subdivision and of persons residing, working or visiting in the city. Parks may be classified as community parks, including community centers, athletic facilities, large multi-user swimming pools, picnic areas, cultural centers or similar facilities; public neighborhood parks, including playground equipment, sports fields, and picnic areas; and private neighborhood parks, generally intended to serve only the immediate subdivision/development or specified planned community in which they are located. Parks may also include, or be limited to, open space areas suitable for active or passive uses.
“Park and recreational facilities” means any public improvements deemed necessary by the city to develop, improve or rehabilitate land and facilities for park and recreational purposes. Such improvements may include, but are not limited to, grading; landscaped areas for active and passive recreational use, open space and sports fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; bicycle facilities and park lighting; playground or other recreational equipment; picnic facilities; community center or other buildings, swimming pools; volleyball, basketball, tennis, racquetball and other courts; vehicle driveways and parking areas and any other facilities which may hereafter be authorized by state law or approved by the city.
“Private open space” means privately owned land and facilities for park and recreation purposes provided within a subdivision and perpetually maintained and operated by the future residents or owner of the subdivision, which land and facilities can be credited against the dedication and payment requirements established in this chapter, when the following criteria are met:
1. That the private parkland meets a minimum size requirement of one-third (0.33) acre;
2. That the proposed private parkland be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private parkland;
3. That the following areas or subdivision design features shall not be eligible for private park credit: yards, court areas, setbacks, subdivision edges, landscaped subdivision entries, greenbelts, meandering streams and circulation improvements such as bicycle, hiking and equestrian trails;
4. That the location of the land provides convenient access to housing and schools;
5. That the perpetual private ownership and maintenance of the land is adequately provided for by a recorded written agreement; and
6. That the use of the private parkland is perpetually restricted for park and recreational purposes which cannot be defeated or eliminated without the consent of the city council and in no event without providing equivalent park and recreational space elsewhere in the subdivision. [Ord. 2010-126 § 1 (Exh. A)].
Cross-references: definitions generally, AVMC 1.02.010, 14.02.030.
14.16.040 Payment of impact fees or park dedication required.
As a condition of approval of a tentative or final tract map or parcel map for a residential subdivision, or for a building permit within a subdivision, the subdivider shall be required to pay an impact fee, offer for dedication parkland in lieu thereof, or both, in the sole and exclusive option of the city, in the amount provided in this chapter, for park and recreational purposes, unless the subdivision is exempt from this requirement by the express provisions of this chapter. [Ord. 2010-126 § 1 (Exh. A)].
14.16.050 Standards for determining the amount of dedicated parkland.
A. The amount of land required to be dedicated to the city for park and recreational facilities pursuant to AVMC 14.16.040 incident to and as a condition of the approval of a tentative map or tentative parcel map shall be consistent with the standards and policies for park and recreational facilities provided for in the city’s general plan or an applicable specific plan and shall bear a reasonable relationship to the need for park and recreational facilities by the inhabitants of the subdivision.
B. The public interest, convenience, health, safety and welfare of the residents of the city require that five acres of property for every 1,000 persons residing within the city be devoted to local park and recreational purposes, and that such park area is necessary to provide for the needs of the current and future persons residing and working in the city.
C. Except as otherwise provided by this chapter, the number of acres or fraction of an acre of land required to be dedicated to the city for park and recreational facilities pursuant to AVMC 14.16.040 shall be the product of the following:
1. The maximum number of dwelling units permitted within the subdivision as determined from the zoning regulations applicable to the subdivision; multiplied by
2. The average number of residents per dwelling unit within the incorporated territory of the city, as determined by the most recent federal census or a census taken pursuant to the provisions of California Government Code Title 4, Division 3, Part 2 (Section 40200 et seq.); multiplied by
3. Five thousandths of an acre per person.
D. The city council, by resolution, may require a dedication of land for park and recreational facilities less than the maximum amount required by this section if the city council finds that a smaller dedication will serve the public interest, convenience, health, safety and welfare of the residents of the city.
E. In addition to satisfying the requirements set forth in this section, any land offered for dedication shall meet the criteria set forth in AVMC 14.16.070(D). [Ord. 2010-126 § 1 (Exh. A)].
14.16.060 Standards for determining impact fees.
When required by AVMC 14.16.040, the subdivider shall pay to the city a fee in lieu of making an offer of dedication of land for park and recreational facilities. The fee shall be computed by multiplying the area of park otherwise required to be dedicated under AVMC 14.16.050(C) by the fair market value of the land to be developed by the city for park and recreational facilities. [Ord. 2010-126 § 1 (Exh. A)].
14.16.070 Determination of dedication, fees or combination.
A. Impact Fee Generally Required. Where required by the city, or where no park or recreational facility located in whole or in part within the proposed subdivision is designated in the general plan of the city, a specific plan, or other resolution, policy or standard of the city, the subdivider shall pay an impact fee calculated in accordance with AVMC 14.16.060 to be used for park and recreational purposes to serve the residents of the area being subdivided and other members of the public.
B. Dedication in Lieu of Impact Fee. Where a park or recreational facility has been designated in the general plan of the city, a specific plan, or other adopted resolution, policy or standard of the city, and is 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 and other members of the public, the city may require the subdivider to dedicate land for a park and provide park and recreational facilities thereon, in lieu of payment of an impact fee as provided in this chapter if the city determines that dedication and provision of park and recreational facilities is desirable as provided in this section. If the fair market value of the land and the park and recreational facilities provided is less than the dedication or in-lieu fees otherwise required hereunder, the difference shall be paid by the subdivider as an impact fee.
C. Combination of Land and Fees. The city may accept a combination of land, recreational facilities and fees, with the respective amounts to be determined in the sole discretion of city, so long as the aggregate fair market value of the land and the park and recreational facilities plus in-lieu fees does not exceed the limits established in this chapter.
D. Determination of Land or Fee. Whether the city requires payment of an impact fee, or accepts land dedication in lieu thereof, or a combination of both, shall, in the city’s sole discretion, be determined by consideration of the following:
1. The provisions of the city’s general plan, any specific plan adopted thereto, and any other adopted resolution, policy or regulation of the city;
2. Topography, geology, access and location of land in the subdivision available for dedication;
3. Size and shape of the subdivision and land available for dedication;
4. The feasibility of dedication;
5. Access and location of other park sites to subdivision; and
6. Need of other accessible park sites for development, improvement and rehabilitation.
The determination of the city as to whether an impact fee shall be charged or land shall be dedicated, or a combination thereof, shall be final and conclusive.
E. Impact Fees for Subdivisions of 50 Parcels or Less. Except as provided below, if a subdivision contains 50 parcels or less, only the payment of impact fees may be required.
1. Condominium, stock cooperative or community apartment projects may be required to dedicate land if they have more than 50 dwelling units, notwithstanding the fact that the number of parcels may be less than 50.
2. Subdivisions which contain less than 51 lots or parcels shall be deemed to contain 51 or more lots or parcels for purposes of land dedication requirements set forth in this chapter if the advisory agency, based on all available evidence, determines that one or more lots within the subdivision are likely to be further subdivided in a manner which would create a total of 51 or more lots or parcels within the entire subdivision. This evidence shall include, but is not limited to, the kinds of development that would be permitted within the subdivision pursuant to the city’s general plan or any applicable specific plan.
3. When the advisory agency determines that one or more lots within the subdivision are likely to be further subdivided in a manner which would create a total of 51 or more total lots or parcels within the subdivision, the advisory agency shall determine the maximum number of acres and/or fraction of an acre to be dedicated to the city for park and recreational facilities in a manner provided by this chapter. This number shall be based on the maximum number of dwelling units which would be permitted within the subdivision pursuant to the provision of the city’s general plan or any relevant specific plan rather than on the zoning regulations applicable to the subdivision. [Ord. 2010-126 § 1 (Exh. A)].
14.16.080 Subdivider credits.
A. Public Parks. The subdivider shall receive a credit against the impact fee payment or park dedication requirement for the fair market value of any land dedicated and any park and recreational facilities provided by the subdivider in conjunction with any public park.
B. Private Park. In conjunction with any planned development, real estate development, stock cooperative, community apartment or condominium, as defined by state law, if the subdivider provides private open space as defined in AVMC 14.16.030, then the subdivider may receive a credit equal to the fair market value of the private open space against the impact fee payment or park dedication requirement of this chapter, but such credit shall not exceed one-third of such impact fee payment or park dedication requirement. The actual amount of such credit shall be determined by the city based upon the comparability of the private open space to public park area and the adequacy of such private open space to serve the needs of the subdivision for active recreational areas.
C. Application of Credit. The credits provided in this section shall be applied to reduce the subdivider’s obligation to dedicate and/or pay an impact fee as required under this chapter, but only to the extent of such credit. [Ord. 2010-126 § 1 (Exh. A)].
14.16.090 Improvements to dedicated parkland and adjoining public right-of-way.
If the dedication of parkland is required by this chapter, a further condition of approval shall be imposed upon the approval of a tentative tract map or tentative parcel map requiring the construction and installation of the following public improvements within the dedicated parkland and adjoining public rights-of-way:
A. Storm drainage facilities necessary for the conveyance and disposal of stormwaters generated within or flowing through the dedicated parkland;
B. Fencing necessary to provide an appropriate barrier between the dedicated parkland and adjoining properties;
C. Street improvements within the adjoining public rights-of-way including, but not limited to, street paving, sidewalks, curbs, gutters, street trees and traffic control devices; and
D. Any other public improvements which the advisory agency determines are necessary in order to make the dedicated parkland suitable for development and use as a park and recreational facility. [Ord. 2010-126 § 1 (Exh. A)].
Cross-references: stormwater management, Chapter 7.35 AVMC; storm drains, Chapter 7.40 AVMC; encroachment and work in the public right-of-way, Chapter 10.04 AVMC; grading and excavation code, Chapter 13.08 AVMC.
14.16.100 Use of dedicated parkland.
The amount and location of land to be dedicated or the impact fee to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. In accordance with California Government Code Section 66477, it is expressly acknowledged that the land to be dedicated or impact fees to be paid may be for both neighborhood or community park and recreational facilities which shall serve the residents of the subdivision. Impact fees paid by a subdivider pursuant to this chapter may be spent to develop, improve and rehabilitate neighborhood and community parks even though such parks may be used by nonresidents of the subdivision, so long as the benefit of the park and recreational facilities to residents of the subdivision is reasonable in relation to the location of the parks and amount of the impact fees. [Ord. 2010-126 § 1 (Exh. A)].
14.16.110 Time of payment of impact fees or land dedication.
The impact fees required for a subdivision pursuant to this chapter shall be paid directly to the city prior to the issuance of a building permit for each lot or parcel within the subdivision. Notwithstanding the foregoing, the city may require earlier payment of such fees if necessary to reimburse the city for previous expenditures or if the fees are collected for park and recreational facilities where the city has established an account, appropriated funds, and adopted a construction schedule or plan for the park and recreational facilities prior to issuance of a building permit. In the event of dedication, dedication shall be made at the time of recordation of the final map. [Ord. 2010-126 § 1 (Exh. A)].
14.16.120 Schedule of performance.
A. City Schedule. The planning director shall prepare and maintain a schedule specifying how, when and where land or impact fees, or both, which were dedicated to the city to develop park or recreational facilities will be used. Any impact 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 any fees are not so committed, they shall be distributed to subdivision owners in accordance with California Government Code Section 66477.
B. Subdivider’s Schedule. In the event that subdivider improves or develops parks for public or private ownership, the subdivider shall prepare a schedule specifying when, how and where such subdivider will develop the park or recreational facilities to serve the residents of the subdivision. This schedule will be required as a condition of subdivision map approval. [Ord. 2010-126 § 1 (Exh. A)].
14.16.130 Procedure.
A. Approval of Subdivision Map. Unless otherwise expressly provided in this chapter, any decision or action required by city in this chapter shall be made by the advisory agency after the duly noticed public hearing at the time of approval of the tentative tract map or parcel map. Such decision or action shall be made a condition of approval of the subdivision map. [Ord. 2010-126 § 1 (Exh. A)].