Chapter 17.76
DEDICATIONS AND EXACTIONS
Sections:
17.76.030 Park land dedications and fees.
17.76.010 Purpose of chapter.
This chapter establishes standards for subdivider dedications of land or payment of fees, in conjunction with subdivision approval. (Ord. 766 § 2 Exh. A (part), 2004).
17.76.020 Applicability.
Each proposed subdivision shall comply with the requirements of this chapter for dedications, reservations, or the payment of fees. (Ord. 766 § 2 Exh. A (part), 2004).
17.76.030 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.”
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 council, 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. Amount of Parkland Required.
1. General Standard. It is found and determined that the public interest, convenience, health, welfare, and safety require that one acre of property for each two hundred 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 expected in the subdivision. The required dedication shall be computed using the following formula:
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X |
= |
.005(U)(P) |
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Where: |
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X |
= |
Amount of parkland required, in acres. |
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U |
= |
Total number of approved dwelling units in the subdivision. |
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P |
= |
3.104 for detached single-family dwellings; |
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2.438 for attached single-family dwellings; |
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1.664 for duplexes, and multifamily dwellings containing four or fewer dwelling units; |
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2.107 for multifamily dwellings containing five or more unit; and |
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1.738 for mobilehomes. |
D. Formula for Fees in Lieu of Land.
1. If the entire parkland obligation for a proposed residential subdivision is not satisfied by dedication in compliance with subsection C of this section, 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 C of this section, less the amount of parkland, if any, offered for dedication by the subdivider, times the average per-acre fair market value for the appropriate park planning area, plus twenty 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 mean the market value of the land as determined by the staff of the city, 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 six weeks prior to the submittal of the final map to the department, to permit the city to select a certified land appraiser and prepare an appraisal. The subdivider shall pay the city’s costs for an independent appraiser. If more than one year elapses from the date that the final map is approved by the council and the date the subdivider obtains their first building permit, the city will prepare a new appraisal and will bill the subdivider for the cost of reappraisal. Any in-lieu fees remaining unpaid after the one-year period shall be based on the new appraisal.
3. If the subdivider or city staff object to the valuation, they may appeal the determination in compliance with Chapter 17.84 (Appeals); provided that the burden of proof on all issues shall lie with the subdivider.
E. Fees Only. Only the payment of fees shall be required in subdivisions of fifty parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds fifty dwelling units, dedication of land may be required even though the number of actual parcels may be less than fifty.
F. Criteria for Requiring Dedication and Fees. In subdivisions of over fifty lots, 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 previously acquired park property.
3. 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. The recommendation by the director and the action of the review authority shall consider the factors in subsection (F)(1) of this section, 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.
4. 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 D of this section shall be paid for any additional land that would have been required to be dedicated by subsection C of this section.
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 D of this section shall be paid in an amount equal to the value of the land that would otherwise have been required to be dedicated by subsection C of this section. The fees shall be used for the improvement of the existing park or recreational facility serving the subdivision.
5. Credit for Improvements. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land.
G. Suitability of Land to be Dedicated. Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use.
1. Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall not be considered when calculating the area of the park site provided in compliance with this section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline.
2. Land intended for other than trail use shall have a maximum slope of three percent. If necessary, the site shall be graded by the subdivider to achieve this slope, in compliance with plans approved by the city. Land with an average slope of more than three percent may be counted as part of the park dedication requirement where the review authority determines that special circumstances exist that would make the acceptance of the land in the public interest. The amount of credit against the park obligation in these cases shall be calculated as shown in Table 7-2. Greater credit for sites in excess of three percent slope may be granted in the sole discretion of the review authority, where the review authority determines that a site contains an exceptional visual, biotic, or other natural resource.
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Park Site Slope |
Credit Against Park Obligation |
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0 to 3% |
100% |
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More than 3%, up to 5% |
80% |
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More than 5%, up to 10% |
60% |
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More than 10%, up to 15% |
20% |
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Over 15% |
0% |
3. If the council determines that any of the land proposed to be dedicated is not suitable for park use, it may reject all or any portion of the land offered, and in that event the subdivider shall instead pay a fee in compliance with subsection D of this section.
H. Conveyance of Land, Payment of Fees. 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 amount of required fees shall be deposited with the city at the time of submittal of a parcel or final map. The fees shall be held by the city until the map is recorded, or the time for recordation expires. 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. (Ord. 766 § 2 Exh. A (part), 2004).