Ch. 25, Division 13

Division 13.
Park Land Dedication.

25.166.95 General.

This Division is enacted pursuant to the authority granted by the Subdivision Map Act (Government Code §66477) and the general police power of the City. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this article are in accordance with the General Plan of the City of Fairfield, the Peabody-Walters Master Plan, other adopted specific plans and the Department of Community Services Parks Capital Project Plan 1995-2005 (collectively referred to hereinafter as the “Parks Plans"). These park and recreational facilities include projects such as a variety of parks, tennis courts, soccer fields, ball fields, swimming pools and other like recreational facilities.

25.166.96 Requirements.

As a condition of approval of a tentative map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this article.

25.166.97 General Standard.

It is found and determined that the public interest, convenience, health, welfare and safety require that three and one half (3.5) acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes. The amount and location of land to be dedicated pursuant to Section 25.166.98 or fees to be paid pursuant to Section 25.166.99 and 25.166.100 shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. (Ord. 2006-23, eff. 1/4/07)

25.166.98 Standards and Formula for Dedication of Land.

Where a park or recreational facility has been designated in the Parks Plans and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size, location and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Acres of Land per Dwelling Unit	=	3.5 acres	X	Average Number of Persons
	=	1000 persons	X	Dwelling Unit

Unless there is evidence to the contrary, the following criteria will be used to estimate population:

Dwelling Unit Type	Number of Persons per Dwelling Unit
Single Family	3.2
Multi-Family	1.9

(Ord. No. 2009-13 § 1.)

25.166.99 Formula for Fees in Lieu of Land Dedication.

(a) General Formula. If there is no park or recreational facility designated in the Parks Plans to be located in whole or in part within the proposed tentative map for the subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider, shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section 25.166.98 as determined in accordance with the provisions of Section 25.166.102. The fee shall be used for a local park or recreational facility which will serve the residents of the area being subdivided.

(b) Fees in Lieu of land - 50 Parcels or less. if the proposed subdivision contains 50 parcels or less and is not a condominium, stock cooperative or community apartment project containing more than 50 dwelling units, the subdivider shall pay a fee equal to the land value of the portion of the local park or recreational facility required to serve the needs of the residents of the proposed subdivision as prescribed in Section 25.166.98 and in an amount determined in accordance with the provisions of Section 25.166.102.

(c) Use of Money. The money collected hereunder shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the Community Services Commission deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. The money shall be committed within five (5) years after payment or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lot bears to the total area of all lots in the subdivision.

25.166.100 Criteria for Requiring both Dedication and Fee.

In subdivisions of over 50 lots, or, in the case of a condominium project, stock cooperative or community apartment project, if the subdivision contains more than fifty (50) dwelling units, then under the following circumstances the subdivider shall both dedicate land and pay a fee in accordance with the following:

(a) When only a portion of the land to be subdivided is proposed in the Parks Plans as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 25.166.102 shall be paid in lieu of any additional land that would have been required to be dedicated pursuant to Section 25.166.98.

(b) When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to Section 25.166.102 shall be paid in lieu of any additional land which would otherwise have been required to be dedicated pursuant to Section 25.166.98.

25.166.101 Determination of land or Fee.

Land dedication, or payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

(a) Community resources of the City’s General Plan;

(b) Topography, geology, access and location of land in the subdivision available for dedication;

(d) Feasibility of dedication; and

(e) Availability of previously acquired park property.

The determination by the City as to whether land shall be dedicated, or whether a fee hall be charged, or a combination, shall be final and conclusive.

25.166.102 Amount of Fee in Lieu of Park Land Dedication.

When a fee is required to be paid in lieu of park land dedication, the amount of the fee shall be based upon the average estimated fair market value of land in the zone identified in Section 25.166.97 in which the land is located.

The fair market value shall be as determined by the Public Works Department at the time of tentative map approval and may be reviewed and adjusted at each subsequent extension. If the subdivider objects the fair market value determination, the subdivider may request the City to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the City and the subdivider, which appraisal will be considered by the City in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider. (Ord. No. 95-22, § 1.)

25.166.103 Credit for Private Recreation or Open Space.

Where a substantial private park and recreational area 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 50%, may be given against the requirement of land dedication or payment of fees in lieu of, if the Community Services Commission finds that it is in the public interest to do so and that all the following standards are met:

(a) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

(b) That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions;

(c) That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City or its successor;

(d) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;

(e) That facilities proposed for the open space are in substantial accordance with the provisions of the General Plan; and

(f) That the open space for which credit is given is a minimum of two (2) acres and provides a minimum of four (4) of the local park basic elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation park needs of the future residents of the area:

Criteria List	Minimum Facility Size (Acres)
Children’s play apparatus area	.50 - .75
Family picnic area	.25 - .75
Game court area	.25 - .50
Irrigated Multi-Use Turf playfield	1.00 - 3.00
Swimming pool (42’ x 75’) with adjacent deck and lawn areas	.25 - .50
Recreation center building	.15 - .25
Recreation Community Gardening	.15 - .50

25.166.104 Procedure.

Prior to the time of approval of the tentative subdivision or parcel map, the Community Services Commission shall determine whether land is to be dedicated or in-lieu fees are to be paid by the subdivider or any combination of land and fees. The action of the Community Services Commission shall include the following:

(a) The amount of land required; or

(b) That a fee be charged in lieu of land; or

(d) That a stated amount of credit be given for private recreation facilities or unique natural and special features, etc.;

(e) The location of the park land to be dedicated or use of in-lieu fees;

(f) The approximate time when development of the park or recreation facility shall commence.

At the time of the filing of the final map, the subdivider shall dedicate the land. At the time of issuance of building permits for the subdivision, the subdivider shall pay the fees on a per- residential lot basis.

Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map and shall be recorded contemporaneously with the final subdivision map.

25.166.105 Non-Applicable Subdivisions.

The provisions of this article do not apply to commercial or industrial 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.

(Ord. No. 95-14, § 3.)