Chapter 16.25
PARK LAND DEDICATION
Sections:
16.25.020 General requirements.
16.25.070 Dedication of land and payment of fees.
16.25.080 Choice of dedication of land or payment of fees.
16.25.090 Amount of fees in lieu of the dedication of land.
16.25.100 Subdivisions not within the general plan.
16.25.110 Partial credit for private open space.
16.25.120 Schedule of park development.
16.25.010 Authority.
The provisions of this chapter are enacted pursuant to the authority granted by the Government Code of the state. The park and recreation facilities for which the dedication of land and/or payment of a fee is required by this chapter are in accordance with the parks and recreation element of the general plan of the city. (Ord. 92-15 § 2 (part), 1992: Ord. 90-22 § 2 (part), 1990)
16.25.020 General requirements.
As a condition of the approval of a residential project, land shall be dedicated or a fee paid in lieu thereof, or both, at the option of the city, for park or recreational purposes in accordance with the standards and requirements set forth in this chapter. (Ord. 90-22 § 2 (part), 1990)
16.25.030 Definitions.
For purposes of construing the park and recreation facilities fee, the following definitions shall apply:
“Dwelling unit” means and includes each single-family dwelling and each unit of an apartment, duplex or multiple dwelling structure defined as a separate habitation for one or more persons.
“Manufactured home space” means and includes each space in a mobile home park designed to be used for parking a mobile home on a temporary, semipermanent or permanent basis. (Amended during 3/93 supplement: Ord. 90-22 § 2 (part), 1990)
16.25.040 General standards.
A. Ratio of Park Land to Population. It is found and determined that to provide for the public interest, convenience, health and welfare that five acres of city park and recreation facilities be provided for each one thousand residents. This standard has been established based upon the city’s park and recreation facility needs documented in the parks and recreation element of the general plan. Notwithstanding the parks and recreation element standard for the ratio of park land to population, Government Code Section 16477 of the state provides that unless the city’s current ratio of existing parks to residents is above three acres for each one thousand residents, only a maximum of three acres for each one thousand residents may be required for dedication under the provisions of that section. The city’s current ratio is less than three acres for each one thousand residents, therefore the maximum dedication for each one thousand residents that may be required is three acres.
B. Household Size. In order to compute the number of persons being brought into the city by a given residential project, it is necessary to multiply the number of dwelling units by an average household size standard for each type of dwelling unit. Section 66477 of the Government Code of the state states that the average size of each class of household shall be “the same as that disclosed by the most recent available federal census.” In accordance with said requirements, the average household size for the city, as derived from the 2010 census, is:
|
Type of Dwelling Unit |
Average Household Size per Dwelling Unit |
|---|---|
|
Single-Family |
4.10 |
|
Duplex |
3.29 |
|
Apartments |
3.29 |
|
Manufactured Homes |
2.00 |
(Ord. 2015-05 § 1, 2015: Ord. 92-15 § 2 (part), 1992: Ord. 90-22 § 2 (part), 1990)
16.25.050 Dedication of land.
Where a park or recreational facility has been designated in the open space of the general plan 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, the city may require the dedication of land for a local park sufficient in size and topography to serve the residents of the subdivision. (Ord. 90-22 § 2 (part), 1990)
16.25.060 Payment of fees.
A. General Formula. If there is no park facility designated in the open space element of the general plan 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, the city may require, in lieu of land dedication, the payment of a fee equal to the value of the land prescribed for the dedication computed in accordance with the provisions of this chapter. Such fee shall be used to provide a park which will serve the residents of the new subdivision.
B. Determination of Fair Market Value. The fair market value shall be determined by independent appraisal selected by the city and paid by the developer or by some other person or method satisfactory to the city. The, appraisal shall be made immediately prior to the filing of the final map. The subdivider shall notify the city of the expected filing date at least six weeks prior to filing the final map. If more than one year elapses prior to filing the final map, the city shall require a new appraisal to be paid by the subdivider. For the purposes of this chapter the determination of the fair market value of a buildable acre, as defined in Section 16.25.090, shall consider but not necessarily be limited to the following:
1. Approval of and conditions of the tentative subdivision map;
2. The general plan;
3. Zoning;
4. Property location;
5. Off-site improvements facilitating use of the property; and
6. Site characteristics of the property.
If the subdivider objects to the determined fair market, he/she may appeal to the city council, who shall hear the appeal under the same rules and obligations current for local board of equalization hearings, except that the burden of proof shall lie with the subdivider. All costs shall be borne by the subdivider.
C. Building Permits. For the purpose of providing additional revenues with which to finance the acquisition, improvement and expansion of public parks, playgrounds and recreational facilities, each applicant for a building permit for residential development shall pay, in addition to any other fees or charges provided elsewhere in this code, a park and recreation facilities fee.
D. Use of Fees. The fees collected pursuant to this ordinance shall be used only for the purpose of providing park or recreational facilities to serve the subdivision. Such fees shall be used for the purchase of necessary land or, if the council deems there is sufficient land available for the subdivision, for improving such land park and recreational purposes. (Ord. 90-22 § 2 (part), 1990)
16.25.070 Dedication of land and payment of fees.
In subdivisions of fifty or more lots, the city may require the subdivider to dedicate land and/or pay a fee in lieu of this chapter. In no case, however, shall the total of land dedicated and fee payment exceed the subdivision’s park obligations computed in accordance with Section 16.25.090. (Ord. 90-22 § 2 (part), 1990)
16.25.080 Choice of dedication of land or payment of fees.
A. Procedure. In subdivisions containing more than fifty parcels, the procedure for determining whether the subdivider shall dedicate land, pay a fee, or both shall be as follows:
1. Action of the City. At the time of the approval of the tentative map, the council shall determine, as a part of such approval, whether to require the dedication of land within the subdivision, the payment of a fee in lieu thereof, or a combination of both.
2. Prerequisites for the Approval of Final Maps. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act of the state. Where fees are required, they shall be deposited with the city prior to approval of the final map. Open space covenants for private park or recreation facilities shall be submitted to the city prior to the approval of the final map and shall be recorded contemporaneously with the final map.
B. Determinations. Whether the city accepts the dedication of land, elects to require the payment of a fee in lieu thereof, or a combination of both shall be determined by the consideration of the following factors:
1. The parks and recreation element of the general plan;
2. The topography, geology, access and location of the land in the subdivision available for dedication;
3. The size and shape of the subdivision and the land available for dedication;
4. The feasibility of dedication;
5. The compatibility of dedication with the parks and recreation element of the general plan; and
6. The availability of previously acquired park property. (Ord. 92-15 § 2 (part), 1992: Ord. 90-22 § 2 (part), 1990)
16.25.090 Amount of fees in lieu of the dedication of land.
Where a fee is required to be paid in lieu of the dedication of land, the amount of such fee shall be based on the average estimated fair market value for developable land in the city, plus twenty percent towards costs of off-site improvements. Such average estimated fair market value shall be set by resolution of the council and shall be adjusted by the city to keep current with property appreciation. The fee shall be determined by the following formula:
|
|
|
|
|
|
|
current appraised |
|
|
1.2 DU’s x |
Pop |
x |
3.0 acres |
x |
value of land |
= in-lieu fee |
|
|
|
|
DU |
|
1,000 people |
|
buildable acre |
|
|
Where: |
|||||||
|
DU’s |
= Number of dwelling units as defined in Section 16.25.030 |
||||||
|
Pop |
= Population per dwelling unit |
||||||
|
DU |
|||||||
|
Current appraised value = |
Fair market value, as determined in Section 16.25.060 |
||||||
|
Buildable acre = |
A typical acre of the subdivision, with a slope of less than ten percent, and located in other than an area on which building is excluded because of flooding, easements or other restrictions |
||||||
Fees to be collected pursuant to this section shall be approved by the community development services department. (Ord. 2015-05 § 2, 2015: Ord. 92-15 § 2 (part), 1992: Ord. 90-22 § 2 (part), 1990)
16.25.100 Subdivisions not within the general plan.
Where the proposed subdivision lies within an area not included within the general plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both in accordance with adopted park and recreation principles and the standards of the general plan and in accordance with the provisions of this chapter. (Ord. 90-22 § 2 (part), 1990)
16.25.110 Partial credit for private open space.
Where private open space for park and recreational purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty percent, may be given against the requirement of the dedication of land or the payment of fees in lieu thereof if the council finds that it is in the public interest to do so and that all of the following standards are met:
A. The yards, court areas, setbacks, and other open areas required to be maintained by this code shall not be included in the computation of such private open space.
B. The private ownership and the maintenance of the open space shall be adequately provided for by recorded written agreement, conveyance, or restrictions.
C. The use of the private open space shall be restricted for park and recreation purposes by a recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successors.
D. The proposed private open space shall be reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location.
E. The facilities proposed for the open space shall be in substantial accordance with the provisions of the open space element of the general plan.
F. It shall be so stated in the covenants, codes and restrictions concerning the private open space that the city has the right of the review and approval of any modification to such open space. (Ord. 90-22 § 2 (part), 1990)
16.25.120 Schedule of park development.
In accordance with Section 66477 of the Government Code of the state, the city shall maintain, either as part of its capital improvement program or separately, a schedule specifying “how, when, and where it will use the land or fees, or both, to develop park or recreational land to serve the residents of the subdivision” for which park fees have been paid or land dedicated. Therefore, pursuant to such requirement any fees collected pursuant to 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 such fees are not so committed, they shall be distributed and paid to the then record owner of the subdivision in the same proportion of the size of their lot to the total area of all lots within the subdivision. (Ord. 90-22 § 2 (part), 1990)