Chapter 16.28
PARK DEDICATION AND IN-LIEU FEE REGULATIONS
Sections:
16.28.010 Park and recreation dedication and fees.
16.28.030 Payment of impact fees or park dedication required.
16.28.040 Standards for determining dedication – Maximum requirement.
16.28.050 Standards for determining impact fees – Maximum fee.
16.28.060 Determination of dedication, fees or combination.
16.28.080 Disposition of land or fees.
16.28.090 Time of payment of impact fees or land dedication.
16.28.100 Schedule of performance.
16.28.010 Park and recreation dedication and fees.
A. Authority and 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.
B. Effect on Other Laws. With respect to the requirement of payment of impact fees or dedication of land for park and recreational purposes by any residential subdivider pursuant to this code, this chapter shall supersede all other ordinances or regulations of the city inconsistent herewith. The enactment of this chapter shall not supersede any other provisions or authority adopted by ordinance of the city council unless expressly stated in this chapter.
C. Exemptions. The provisions of this section shall not apply to subdivisions containing less than five parcels; provided, however, that a condition may be placed on the approval of such parcel map, 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, an impact fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. The provisions of this chapter also shall not apply to commercial, industrial or other nonresidential subdivisions; nor to condominium or stock cooperative projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old and when no new dwelling units are added. (Ord. 05-1915 § 1, 2005.)
16.28.020 Definitions.
The following definitions shall govern the meaning of words in this chapter, unless from the context in which the word is used a different meaning is clearly intended:
A. “Fair market value” means the value of land set forth in the city’s general plan and any applicable specific plans which is earmarked to be acquired by the city upon which the city intends to locate park and recreational facilities to service residents of the subdivision. Fair market value shall be based upon an appraisal by a qualified appraiser selected by the city, which appraisal shall be updated from time to time by the city. 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 improvements or equipment provided by the subdivider, the fair market value shall be the actual cost to acquire, construct or install the improvement or equipment.
B. “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.
C. “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 not be 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.
D. “Private open space” means that 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 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. 05-1915 § 1, 2005.)
16.28.030 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, at the sole and exclusive option of the city, in the amount provided in this chapter, for park and recreational purposes, unless the subdivider is exempted from this requirement by the express provisions of this chapter. The payment of an impact fee and/or offering for dedication of land shall be at the time and according to the standards and formula contained in this chapter. (Ord. 05-1915 § 1, 2005.)
16.28.040 Standards for determining dedication – Maximum requirement.
A. General. If the park dedication is required under CMC 16.28.030, the park area required shall be determined in accordance with the standards provided in this section.
B. Standard of Park Area to Population. It is found and determined that the public interest, convenience, health, safety and welfare of the residents of the city require that three 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. Said ratio of 0.003 is hereafter referred to as the “park area standard.”
C. Dwelling Unit Occupancy Factor. Based upon the latest available census data, the dwelling unit occupancy factors shall be as follows: 3.02 for owner-occupied dwelling units and 2.72 for rental dwelling units. These figures may be revised from time to time by resolution of the city council.
D. Computation of Maximum Area of Park to Be Dedicated. The maximum amount of parkland required for any subdivision shall be determined by multiplying the number of dwelling units in the subdivision for each housing type by the occupancy factor for each housing type by 0.003 (i.e., the ratio of the maximum park area standard of three acres per 1,000 population). This is represented as follows:
(No. of dwelling units) x (occupancy factor) x (.003) = Area of park to be dedicated
The city council, by resolution, may require a dedication of parkland less than the maximum amount set forth above if the city finds that a smaller dedication will serve the public interest, convenience, health, safety and welfare of the residents of the city.
E. Qualification of Land Being Dedicated. In addition to meeting the requirements set forth in this section, any land offered for park dedication shall meet the criteria specified in CMC 16.28.060(D). (Ord. 05-1915 § 1, 2005.)
16.28.050 Standards for determining impact fees – Maximum fee.
When required by CMC 16.28.060, the subdivider shall pay to city a fee in lieu of making such offer of dedication. The fee shall be computed by multiplying the area of park to be dedicated under CMC 16.28.040(D) by the fair market value of the land to be developed by the city for park and recreational facilities. (Ord. 05-1915 § 1, 2005.)
16.28.060 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, any applicable specific plan, or other adopted resolution, policy or standard of the city, the subdivider shall pay an impact fee computed in accordance with CMC 16.28.050 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, any applicable 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 recreational facilities thereon in lieu of payment of an impact fee as provided in this chapter if the city determines that dedication is desirable as provided in this section. If the fair market value of the park and recreational facilities provided is less than that 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 the city, so long as the aggregate fair market value of the land 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 requires 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. If the subdivision contains 50 parcels or less, only the payment of impact fees may be required, except that condominium, stock cooperative or community apartment projects may be required to dedicate land if they have more than 50 dwelling units. (Ord. 05-1915 § 1, 2005.)
16.28.070 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 for the value of any park and recreation improvements provided by subdivider in conjunction with any public park. The value of such improvements shall be determined by the city based upon CMC 16.28.050.
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 CMC 16.28.020(D), then the subdivider may receive a credit against the park dedication requirement of this chapter in an amount to be determined by the city council or its designee, 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 council or its designee 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 uses.
C. Application of Credits. 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. 05-1915 § 1, 2005.)
16.28.080 Disposition of land or fees.
The amount and location of land to be dedicated or the impact 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. 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 and community parks. In addition, such impact fees may be used to improve or rehabilitate existing parks. Impact fees paid by a subdivider pursuant to this chapter may be spent to develop, improve and rehabilitate community and neighborhood 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. 05-1915 § 1, 2005.)
16.28.090 Time of payment of impact fees or land dedication.
All park impact fees shall be paid directly to the finance department at the time of issuance of a building permit for each lot within the subdivision. In the event of a dedication requirement, the subdivider shall make an irrevocable offer of dedication to the city at the time of recordation of the final map. (Ord. 05-1915 § 1, 2005.)
16.28.100 Schedule of performance.
A. City’s Schedule. The city’s community development 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 law.
B. Subdivider’s Schedule. In the event that subdivider improves or develops parks for public or private ownership, he shall prepare a schedule specifying when, how and where he 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. 05-1915 § 1, 2005.)