Chapter 9.86
Dedications and Exactions
Sections:
9.86.030 Park Land Dedications and Fees
9.86.040 Reservations of Land for Public Facilities
9.86.050 Right-of-Way Dedications
9.86.010 Purpose of Chapter
This Chapter establishes standards for subdivider dedications of land or payment of fees, in conjunction with subdivision approval.
9.86.020 Applicability
A. Compliance required. All proposed subdivisions shall comply with the requirements of this Chapter for dedications, reservations, or the payment of fees.
B. Conditions of approval. The requirements of this Chapter as they apply to a specific subdivision shall be described in conditions of approval adopted by the review authority for the Tentative Map.
9.86.030 Park Land Dedications and Fees
A. Purpose. This Section provides for the dedication of land and/or the payment of fees to the City for park and recreational purposes as a condition of the approval of a Tentative Map. This Section is enacted as authorized by the provisions of Chapter 4, Article 3 of the Map Act, also known as the "Quimby Act," and as prescribed through the Parks and Recreation Element of the General Plan.
B. Applicability.
1. Land dedication and/or fee payment required. As a condition of Tentative Map approval, the subdivider shall dedicate land and/or pay a fee, at the option of the City, in compliance with this Section for the purpose of developing new, or rehabilitating existing park or recreation facilities to serve the subdivision.
2. Exemptions. The provisions of this Section do not apply to industrial or commercial 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, or to any other subdivision exempted by Map Act Section 66477.
C. Review authority. The review authority for determinations required by this Section shall be the same as that assigned by Section 9.80.060 for the type of subdivision being processed. When the review authority considers a Tentative Map for a residential subdivision of 51 or more parcels, or a residential subdivision of five or more parcels that includes a proposal to dedicate parkland, the matter shall first be referred to the Parks and Recreation Committee for a recommendation to the review authority as to whether the proposed dedication conforms to the Parks and Recreation Element of the General Plan, and any other applicable City plan.
D. Amount of parkland required.
1. General standard. It is found and determined that the public interest, convenience, health, welfare, and safety require that five acres of property for each 1,000 persons residing within this City be devoted to neighborhood and community park and recreational purposes.
2. Dedication requirement for residential subdivisions. The amount of contiguous acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the number of dwelling units proposed in the subdivision. The required dedication shall be computed using the following formula:
X = .005(U)(P)
Where:
X = Amount of parkland required, in acres.
U = Total number of approved new dwelling units in the subdivision. In the case of a subdivision in a zone that allows multiple dwellings per lot, the number of units shall be the maximum allowed by the zone unless the total number is limited to a specific number by condition of approval or other City requirement.
P = Average number of persons per dwelling unit within the City, from the most recent Federal census.
In addition, the subdivider shall, without credit, provide improvements in compliance with Subsection H.
E. Formula for fees in lieu of land. If the review authority determines that:
1. If the entire parkland obligation for a proposed residential subdivision is not satisfied by dedication in compliance with Subsection D. above, the subdivider shall pay a fee to the City in lieu of dedication, as a condition of Tentative Map approval. The fee shall equal the acreage of parkland obligation derived from the formula in Subsection D., less the amount of parkland, if any, offered for dedication by the subdivider and accepted by the City, times the average per-acre fair market value per buildable acre for the appropriate park planning area, plus 20 percent toward the cost of off-site improvements (e.g., utility line extensions).
2. For purposes of determining the required fee, the term "fair market value" shall be based upon an appraisal within the past 12 months, and approved by the Council, immediately prior the receipt of the Final Map by the Council. The subdivider shall notify the City of the expected submittal date of the Final Map at least twelve weeks prior to the submittal of the Final Map to the Department, to permit the City to select a certified land appraiser and carry out the appraisal. The subdivider shall pay the City’s costs for an independent appraiser.
3. If the subdivider or City staff object to the valuation, they may appeal the determination in compliance with Chapter 9.76 (Appeals); provided that the burden of proof on all issues shall lie with the subdivider.
F. Fees only. Only the payment of fees shall be required in subdivisions of 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required even though the number of actual parcels may be less than 50.
G. Criteria for requiring dedication and fees. In a subdivision of 51 or more parcels, the City may require the subdivider to dedicate both land and pay a fee, as follows:
1. Determination of land or fee. Whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
a. The General Plan, and the compatibility of dedication with the General Plan;
b. Topography, geology, access, size, shape and the location of land in the subdivision available for dedication;
c. Feasibility of dedication; and
d. Availability of existing park property.
2. Procedure for determining land or fee. The review authority shall determine whether the subdivider shall dedicate land, pay in-lieu fees, or provide a combination of both, at the time of Tentative Map approval. The determination of the review authority shall be based on a report and recommendation from the Director, and a recommendation from the Parks and Recreation Committee. The recommendations and the action of the review authority shall consider the factors in Subsection G.1 above, and shall include the following:
a. The amount of land required;
b. Whether a fee shall be charged in lieu of land;
c. Whether land and a fee shall be required;
d. The location and suitability of the park land to be dedicated or use of in-lieu fees; and
e. The approximate time when development of the park or recreation facility shall commence.
The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
3. Land and fees. A requirement for both land dedication and fee payment shall comply with the following standards.
a. When only a portion of the land to be subdivided is proposed in the General Plan or applicable specific plan as the site for a local park, that portion shall be dedicated for local park purposes, and a fee computed as provided by Subsection E. shall be paid for any additional land that would have been required to be dedicated by Subsection D.
b. When a major part of the local park or recreational site has been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated, and a fee computed as provided by Subsection E. shall be paid in an amount equal to the value of the land that would otherwise have been required to be dedicated by Subsection D. The fees shall be used for the improvement of existing City parks or recreational facilities serving the community, with consideration for parks and facilities impacted by the subdivision.
4. Credit for improvements. The cost of park and recreational improvements and equipment provided by the developer on the dedicated land shall be a credit against the required dedication of land or fees. Off-site improvements shall not be credited. The park and recreation improvements and equipment shall be approved by the Parks and Recreation Committee prior to any credit being reviewed and/or granted.
5. Credit for private recreation facilities. A subdivider may be credited for the provision of private recreation facilities within the subdivision, as follows.
a. Eligibility. Subdivisions meeting either of the following criteria shall be eligible to receive credit for private recreation facilities:
(1) In compliance with Government Code Section 66477, the subdivision involves a planned development, real estate development, stock cooperative, or community apartment project, as defined in Business and Professions Code Sections 11003, 11003.1, 11003.2, 11003.4 and 11004, respectively; and condominiums, as defined in Civil Code Section 783; or
(2) Where the review authority determines that proposed private recreation facilities are in the best interest of the City, not necessarily the subdivision, based on a recommendation from the Parks and Recreation Committee.
b. Amount of credit. The maximum amount of credit considered for private recreation facilities (improvements) shall be 50 percent of the land or fees specified in compliance with this Section. The amount of credit shall be determined by the review authority based on a recommendation from the Parks and Recreation Committee.
c. Characteristics of private recreation facilities given credit. Private recreation facilities shall be accepted for credit only if the review authority determines that they will meet the requirements of the Parks and Recreation Element of the General Plan, and any other applicable City plans. All private recreation facility improvements receiving credit shall be recorded on the Final Map and maintained in a safe and operable condition for the duration of the development.
H. Improvement requirements. When land is required to be dedicated in compliance with this Section, the subdivider shall provide the following improvements prior to the acceptance of the dedication by the City. These improvements shall not be credited toward any required in-lieu fees.
1. Full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control/calming devices, street trees, sidewalks, and lighting;
2. Fencing along property lines of portions of the subdivision contiguous to the dedicated land, where required by the review authority;
3. Improved drainage through the site; and
4. Other minimal improvements which the review authority determines to be essential to the acceptance of the land for recreational purposes.
The Council reserves the right to accept the improvements prior to agreeing to accept the dedication of land and to require in-lieu fee payments if the Council determines that the improvements are unacceptable.
I. Conveyance of land, payment of fees.
1. Land. Real property being dedicated for park purposes shall be conveyed by the Parcel or Final Map in fee simple absolute, to the City by the subdivider, free and clear of all encumbrances except those which, in the opinion of City Attorney, will not interfere with use of the property for park and recreational purposes, and which the Council agrees to accept. The subdivider shall provide all fees and instruments required to convey the land, and title insurance approved by the City Attorney in favor of the City in an amount equal to the value of the land.
2. Fees. The amount of required fees shall be deposited with the City at the time of submittal of a Parcel or Final Map. The City Treasurer shall deposit the fees into the Subdivision Park Trust Fund, or its equivalent.
a. Timing of payment. Fees required in compliance with this Section shall be paid to the City prior to Parcel Map or Final Map recordation.
b. Use of funds. The money collected in compliance with this Section, including accrued interest, shall be used only for the purpose of acquiring necessary land, developing new or rehabilitating existing park or recreational facilities, or related improvements, in the manner specified in the Parks and Recreation Element of the General Plan.
c. Distribution of unused fees. Fees not used within five years in accordance with Map Act Section 66477, less an administrative charge, 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 in the subdivision.
d. Annual report. As part of the City’s budget, the Finance Director shall report to the Council at least annually on income, expenditures, and status of the Subdivision Park Trust Fund.
e. Facility development schedule. As specified in the Parks and Recreation Element of the General Plan, the City shall develop and maintain a schedule in compliance with Government Code Section 66477, specifying how, why, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the subdivision.
9.86.040 Reservations of Land for Public Facilities
As a condition of approval of a Tentative Map, the City may require the subdivider to reserve sites appropriate in area and location for fire stations, libraries or other public uses, pay an in-lieu fee or both at the option of the City in compliance with this Section.
A. Standards for reservation of land.
1. Location of land. Where a fire station, library, or other public use is shown in the General Plan or applicable Specific Plan, the subdivider may be required by the City to reserve sites as determined by the City in compliance with the standards in the applicable plan.
2. Configuration. The reserved area shall be of a size and shape that will permit the balance of the property 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 land to be reserved shall be in multiples of streets and parcels that will permit an efficient division of the reserved area if it is not acquired within the period determined by Subsection B.
B. Procedure for reservation of land. The public agency for whose benefit an area has been reserved shall at the time of approval of the Parcel or Final Map enter into a binding agreement with the subdivider to acquire the reserved area within two years after the completion and acceptance of all improvements, unless a longer time is authorized by mutual agreement.
C. Purchase price of reserved land. The purchase price shall be the market value of the land at the time the Tentative Map is filed, plus the property taxes against the reserved area from the date of the reservation, and any other costs incurred by the subdivider in maintaining the reserved area, including interest costs incurred on any loan covering the reserved area.
D. Termination of reservation. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement as described in Subsection B. (Procedure for Reservation of Land), the reservation shall automatically terminate.
9.86.050 Right-of-Way Dedications
A. Offers of dedication required. As a condition of Tentative Map approval, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, sidewalks, pathways, alleys, including access rights and abutters’ rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, sidewalks, pathways, alleys, drainage facilities, and other public utilities.
B. Improvements. The subdivider shall construct or agree to construct all improvements approved or required for the subdivision, including access rights and abutters’ rights, in compliance with the City’s improvement standards.
C. Rights-of-way, generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a City-maintained road of insufficient width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility.
D. Limited access designation. Whenever the review authority finds a safety hazard would be created as the result of direct access from any parcel to any existing or proposed street, the review authority may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to the street from any property shown on a Final Map as abutting the street, and that if the dedication is accepted, the waiver shall become effective in compliance with the provisions of the waiver of direct access. The review authority may also require waivers of access to an existing street already dedicated which abuts the subdivision.
E. Transit facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision may be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if deemed necessary by the City Engineer, and if, in compliance with Map Act Section 66475.2. The review authority through an ordinance, may require a dedication if it finds that transit services are or will, within a reasonable time period, be available to the subdivision.
F. Alternative transportation systems. Whenever the subdivision falls within an area designated or deemed necessary for the development of bikeways, hiking or equestrian trails in the General Plan, Parks and Recreation or Bicycle and Pedestrian Master Plans, applicable specific plan, or implementing legislation, the subdivider shall dedicate land as is necessary to provide for these ways.