Chapter 16.36
PARK AND RECREATION FACILITIES

*    Prior history: Prior code §§ 6-101—6-105 as added by Ord. 24; prior code §§ 6-101—6-107 as amended by Ord. 52.

16.36.010 Purpose and intent.

The purpose of the general plan recreational element and this chapter is to assure adequate park and recreational resources and facilities for new city residents without causing a detrimental impact to existing city park and recreational resources and facilities. (Ord. 286 § 1 (part), 1984)

16.36.020 Findings.

The city council declares:

A.    This chapter is enacted pursuant to the authority granted by Sections 66477 of the State Government Code.

B.    The park and recreational facilities for which dedication or payment is required by this chapter are in accordance with the open space and conservation element of the city’s general plan. (Ord. 286 § 1 (part), 1984)

16.36.030 Definitions.

For the purposes of this chapter, the following terms shall have the following definitions:

A.    “Active recreational activities and uses” means and includes the following activities and facilities:

1.    Recreation building (with game and meeting rooms/facilities);

2.    Athletic facilities/Game court areas: Tennis, basketball, badminton, putting greens, volleyball, handball, shuffleboard, racquetball, horseshoe pits and play field/ areas (including tot lots);

3.    Water-oriented facilities: Swimming pool/ jacuzzi, boating docks and facilities and lagoon extensions;

4.    Other recreational facilities: Landscaped, park-like areas with outdoor furnishings (gazebos, benches, etc.), family area with picnic tables/seats, bar-b-que pits and recreational community gardening.

B.    “Dedication or payment” means the dedication of land, the payment of fees in lieu thereof, or a combination of both.

C.    “Park land” means land dedicated to or to be dedicated for park or recreational purposes.

D.    “Subdivider” means any person, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or for others. (Ord. 286 § 1 (part), 1984)

16.36.040 Formula for determining project resident population.

For purposes of this chapter, the population that will reside within a proposed project shall be calculated using the following factors and based upon the following formula:

Factors

a.    Average Household Size (City of Foster City): (1980 United States Department of Commerce, Census of Population and Housing)

b.    Number of Dwelling Units Proposed for Construction.

c.    Project Resident Population.

Formula

Average Household Size X Number of Dwelling Units Proposed for Construction = Project Resident Population

(a x b = c)

(For the actual figures for Foster City city average household size based on the 1980 United States Census, see Planning Commission Resolution No. P-49-84.)

(Ord. 286 § 1 (part), 1984)

16.36.050 Formula review and amendment.

The average household size of the city is subject to change over time, and the specified formula for dedication or payment, as stated in this chapter, is subject to periodic review and amendment, if necessary, by the planning commission and city council. This provision, however, shall not be applied to increase the requirement of dedication or payment where dedication or payment has been made under Section 16.36.140. (Ord. 286 § 1 (part), 1984)

16.36.060 Dedication or fee required.

As a condition of approval of a final subdivision map for real property which (a) has not previously been subdivided, or (b) has previously been subdivided but for which no dedication or payment has been required by the city, the subdivider shall make dedication or payment of park land, at the option of the city, for park and recreational purposes in accordance with the provisions of this chapter. (Ord. 286 § 1 (part), 1984)

16.36.070 Standards and procedures.

The standards and procedures set forth in Sections 16.36.040 through 16.36.110 shall apply in any case where dedication or payment is required by this chapter. (Ord. 286 § 1 (part), 1984)

16.36.080 Assessment.

A.    Except as otherwise provided, all residential projects constructed within the city or district shall dedicate park land at a ratio of five acres per one thousand project residents. Project residents shall be computed as provided in Section 16.36.040 of this chapter.

B.    When fees are paid in lieu of dedication of land, the fees shall be computed based on fair market value of land that would otherwise have been dedicated, and at a ratio of five acres per one thousand project residents. Project residents shall be computed as provided in Section 16.36.040 of this chapter. (Ord. 286 § 1 (part), 1984)

16.36.090 Appropriate lands dedicated.

Subject to the provisions of Section 16.36.100, the subdivider shall be required to dedicate park land appropriate as to slope, topography and geology, and consistent with the open space and conservation element of the city’s general plan, to serve the residents of the subdivision area. The park land need not be located within the proposed subdivision for which dedication is made, provided the location of the park land or recreational facilities constructed bears a reasonable relationship to the use thereof by the future inhabitants of the subdivision. (Ord. 286 § 1 (part), 1984)

16.36.100 Fee in lieu of or in addition to land dedication.

A.    The city may require payment of a fee in lieu of land dedication, or a combination of both. This determination shall be governed by consideration of the open space and conservation element of the city’s general plan and the topography, geology, access and location of land available for dedication. The fee shall be based upon the fair market value of the land that otherwise would have been dedicated. Fair market value shall be determined as of the date of approval of the tentative map or, in the case of proceedings under Section 16.36.140, as of the date of filing with the planning commission under subsection A of Section 16.36.140. Fair market value shall be determined based upon analysis of the current market value of the project site by a qualified land appraiser selected by the city, and paid for by the subdivider.

B.    If the proposed subdivision area contains fifty parcels or less, the subdivider shall pay the city, for use in supplying park land to serve the subdivision, a fee based upon the fair market value of land that would have been dedicated but for the existence of this provision. Nevertheless, nothing in this chapter shall prohibit the dedication of park land for a residential subdivision of less than fifty lots, provided the subdivider and the city determine that dedication of park land is desirable.

C.    Fees collected in accord with the provisions of this chapter authorizing payment of a fee in lieu of or in addition to park land dedicated are to be used only for the purpose of providing park land or recreational facilities or to improve park land to serve the subdivision. (Ord. 286 § 1 (part), 1984)

16.36.110 Dedication procedure.

At the time of filing a tentative subdivision map, the subdivider shall furnish, with the required tentative map of the subdivision, a tabulation of the areas, showing the number of dwelling units in each area. The subdivider shall indicate on the required tentative map of the subdivision (or by legal description or plat, as the city may require, if the land to be dedicated is not located within the subdivision) any areas appropriate for dedication to the city in accordance with the terms of this chapter. At the time of tentative map approval by the city planning commission, after consultation with the director of parks and recreation, the commission shall determine, as a part of such approval, whether to require dedication or payment. Any and all land to be dedicated to the city shall be deeded to the city at the time of the filing of the final subdivision map. In those instances where a fee is required in lieu of or in addition to dedication, such fee shall be deposited with the city prior to approval of the final subdivision map. (Ord 286 § 1 (part), 1984)

16.36.120 Administration.

A.    Development of dedicated park land shall commence not later than eighteen months from the date upon which title is transferred from the subdivider to the city. In the event of partial dedication of any park land, development may not commence until eighteen months after title is secured by the city on the entire proposed park land. In the event of payment of in-lieu fees which are insufficient to purchase a complete proposed park site, acquisition of the park site may not occur until sufficient funds are available for total acquisition.

B.    Park land dedicated, fees paid, or recreational facilities constructed shall be administered by the parks and recreation department.

C.    If, during the ensuing time between dedication of park land and the commencement of development, circumstances arise which indicate that another park site would be more suitable for park purposes serving the subdivision or the neighborhood, the dedicated park land may be sold upon the approval of the city council, with the resultant funds being used for the purchase or development of a more suitable site to serve the same subdivision or neighborhood.

D.    If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements, together with any equipment located thereon, shall be a credit against the payment of fees or dedication of land required by this chapter. (Ord. 286 § 1 (part), 1984)

16.36.130 Requirements upon resubdivision.

Notwithstanding any other provision of this chapter, in the event that in further subdividing real property for which dedication or payment has been made, the population density of the real property will be increased by reason of change in the number of dwelling units, the city may require as a condition to the filing of a new final subdivision map on such real property, dedication or payment to the extent that the requirements of dedication or payment for such new density exceed the dedication or payment previously made when a final subdivision map was last filed on such real property. If the real property being further subdivided is only a portion of the real property previously subdivided, then the amount of the dedication or payment previously made which is allocable to such portion shall be determined to be that amount which bears the same ratio to the total dedication or payment previously made for the entire real property previously subdivided as the area of that portion of real property being further subdivided bears to the total area of real property previously subdivided. Except as provided in this section, no requirement of dedication or payment shall be required by the city in approving any further subdivision of all or any portion of real property for which a final subdivision map has once been filed and in connection therewith dedication or payment was made. In no event shall the city be obligated to allow any credit to the subdivider by reason of any change, whether in density or otherwise, resulting from any resubdivision. (Ord. 286 § 1 (part), 1984)

16.36.140 Compliance prior to filing tentative map.

Notwithstanding any other provision of this chapter, an owner of real property shall have the right, prior to filing of any tentative map for such real property, to satisfy any requirements of the city, whether now or hereinafter imposed, for dedication or payment as a condition to the approval of a final subdivision map for such real property. The procedure shall be as follows:

A.    The owner shall file with the city planning commission a legal description of such real property or a plat (as the city may require) showing such real property, together with a tabulation showing the number of dwelling units which are projected to be placed upon such real property. The owner shall indicate on a plat any areas which he suggests most appropriate for dedication to the city in accordance with the provisions of this chapter.

B.    Within thirty days after the filing of the legal description or plat of such real property, after consultation with the director of parks and recreation, the commission shall determine whether to require dedication or payment in order to satisfy the requirements of this chapter with respect to such real property, and whether any park land areas or recreational facilities so suggested by the owner, pursuant to subsection A of this section, are acceptable. After such determinations by the commission, the owner may then make dedication or payment in accordance with such determinations. Compliance with the above procedure shall satisfy, with respect to such real property, any requirements for dedication or payment which are then or may thereafter be imposed by the city, but only to the extent that the number of dwelling units to be placed on such real property, when a final subdivision map is filed, does not exceed the number of dwelling units projected by the owner as heretofore provided.

C.    When a final subdivision map is proposed to be filed, if the number of dwelling units is different than that which was approved on the tentative subdivision map, with the result that the population density of such real property will be increased over that which was projected, the city may require additional dedication or payment to compensate for such increase. In no event shall such owner or the subdivider be entitled to receive:

1.    Any payment on account of fees paid, expenses incurred; or

2.    Any return of park land dedicated.

D.    If additional dedication or payment is required under subsection C of this section, the amount shall be determined by taking the difference between the amount of dedication or payment made under subsection B of this section and the amount of the dedication or payment that would be required if no advance dedication or payment had been made, computed in accordance with the requirements for dedication or payment in effect at the time dedication or payment was made under subsection B. (Ord. 286 § 1 (part), 1984)

16.36.150 Credit for private on-site open space.

A.    Where private open space for park and recreational purposes is provided in a proposed planned development or real estate development, as defined in Sections 11003 and 11003.1 respectively of the Business and Professions Code, 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 for the value of private open space within the development which is usable for active recreational uses against the requirement of land dedication or payment of fees in lieu thereof, if the city council finds that it is in the public interest to do so and that all the following standards are met:

1.    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; and

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

3.    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; and

4.    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; and

5.    That facilities proposed for the open space are in substantial accordance with the provisions of the open space and conservation element of the general plan; and

6.    That the open space for which credit is given provides a mix 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:

		Recommended Facilities Sizes (Sq. Ft.)
a.	Children’s play apparatus
	area (tot lot)	500—3,000
b.	Landscaped park-like and
	quiet areas	(See A7 below)
c.	Family picnic area	2,000—3,000
d.	Athletic facilities/game	.25 acres—
	court area	.75 acres
e.	Swimming pool with adjacent
	deck and lawn areas	2,000—3,000
f.	Recreation center building	1,500—2,500
g.	Water-oriented facilities	(See A7 below)
h.	Turf playfield	5,000 +
i.	Recreational community gardening	(See A7 below)

7.    Before credit is given, the city council shall make written findings that the above standards are met and that on-site open space, park and/or recreational facilities as proposed are acceptable in size, design and number in order to receive the proposed amount of credit towards the project’s parkland and facilities requirements up to but not more than the maximum credit allowed under this chapter for the type facility proposed.

B.    For purposes of this chapter and this section, the city finds that condominium projects meet the definition of planned development and real estate development, as defined in Sections 11003 and 11003.1, respectively, of the Business and Professions Code, and are therefore eligible, at the discretion of the city council, to receive credit for the value of private open space within the development which is usable for active recreational uses against the requirement of land dedication or payment of fees in lieu thereof, as determined by the city council, and that all of the above-listed standards are met.

C.    All subdivisions shall meet a minimum of fifty percent of the total project park land/recreational facilities dedication requirement by payment of fees in lieu of dedication, payment subject to the provisions of Sections 16.36.040, 16.36.050, 16.36.080 and 16.36.100 of this chapter.

D.    Credit for private on-site open space or recreational facilities qualifying as usable for active open space, as defined in this chapter, shall be applied against a project’s total park land/recreational facilities dedication requirements at a ratio of one-to-one (1:1) up to a maximum of two-to-one (2:1), to be determined by the city council, meaning that, for each acre of private open space land or fraction thereof which qualifies as usable for active recreational activities, the project will be relieved of dedicating a portion of the acreage of public park land/ recreational facilities, or an equivalent amount of fees in lieu of dedication, up to a maximum of fifty percent of the total project park land/recreational facilities dedication requirement.

E.    In those instances where the actual amount of on-site open space credit granted by the city to a subdivision is less than the maximum amount of credit allowed under the provisions of this section, the difference between the amount of credit actually granted and the amount of credit allowed under this section shall either be dedicated to the city in the form of public parklands pursuant to Section 16.36.090, or be paid to the city as fees in-lieu thereof pursuant to Sections 16.36.040, 16.36.050, 16.36.080, 16.36.090 and 16.36.100 of this chapter.

F.    In-lieu fees shall be paid prior to the approval of the final map and before recordation. As an alternative to payment, the subdivider may enter into an agreement with the city to pay the fees at a later time specified in the agreement. The performance of such agreement shall be secured by a good and sufficient bond and/or letter of credit, approved by the city. The bond and/or letter of credit shall provide for the payment of attorney’s fees and court costs in the event of litigation to require payment of the in-lieu fees. (Ord. 296 § 1, 1984: Ord. 287 § 1, 1984: Ord. 286 § 1 (part), 1984)

16.36.160 Limitations and exceptions.

A.    The amount and location of land to be dedicated or fees to be paid pursuant to this chapter shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision for which such requirement is imposed.

B.    Any fees collected under the 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 committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lots bears to the total area of all lots within the subdivision.

C.    Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this chapter; 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, the fee may be required to be paid by the owner of each parcel as a condition to the issuance of such permit. This fee shall be computed, on a pro rata basis, subject to the provisions of Sections 16.36.040, 16.36.050, 16.36.080 and 16.36.100 of this chapter.

D.    The provisions of this chapter do not apply to commercial or industrial subdivisions; nor do they apply to 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. 286 § 1 (part), 1984)