CHAPTER 13.24
LAND DEDICATIONS OR FEE PAYMENTS
SECTION:
13.24.010: Real Property Dedication Or Waivers
13.24.020: Park And Recreational Purposes
13.24.030: Standards And Formula For Dedication Of Land
13.24.040: Formula For Fees In Lieu Of Land Dedication
13.24.050: Criteria For Requiring Both Dedication And Fee
13.24.060: Fee Amount In Lieu Of Land Dedication
13.24.070: Determination Of Land Or Fee
13.24.080: Credit For Private Open Space
13.24.090: Procedure For Council Determination
13.24.100: Commencement Of Development
13.24.010 REAL PROPERTY DEDICATION OR WAIVERS:
As a condition to approval of any map, a subdivider may be required to dedicate or make an irrevocable offer of dedication of real property within the subdivision, and may be required to make waivers, for the purposes specified in and in accordance with and subject to the provisions of California Government Code sections 66475, 66475.1 and 66476. (1972 Code § 16.14.010)
13.24.020 PARK AND RECREATIONAL PURPOSES:
As a condition to approval of a final or parcel map, a subdivider may be required to dedicate land, or pay fees in lieu thereof, or both, for park or recreational purposes in accordance with and subject to the provisions of California Government Code section 66477. (1972 Code § 16.14.020)
13.24.030 STANDARDS AND FORMULA FOR DEDICATION OF LAND:
Where a park or recreational facility has been designated in a master park and recreation plan, adopted as an element of the general plan 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, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula:
FORMULA BASED ON DWELLING UNITS
The formula for determining acreage to be dedicated shall be as follows:
DU = Dwelling Unit
|
Dwelling Type |
Zoning (43) District |
Assumed Density |
Standard:Acres/DU |
|
Single-family |
R-1 |
4.0 persons/DU |
2 acre/100 DUs |
|
Duplex, low density apartments |
R-2 |
2.5 persons/DU |
2 acre/160 DUs |
(1972 Code § 16.14.030)
13.24.040 FORMULA FOR FEES IN LIEU OF LAND DEDICATION:
A. Fee In Lieu Of Land: If there is no park or recreational facility designated in a master park and recreation plan, adopted as an element of the general plan of the city, 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 subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in section 13.24.030 of this chapter, and such fee shall be used for a local park which will serve the residents of the area being subdivided.
B. Amount Of Fee: If the proposed subdivision contains fifty (50) parcels or less, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in section 13.24.030 of this chapter.
C. Disposition Of Funds: The money collected hereunder shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if it is determined by the city council that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. (1972 Code § 16.14.040)
13.24.050 CRITERIA FOR REQUIRING BOTH DEDICATION AND FEE:
In subdivisions of over fifty (50) lots, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:
A. Purposes Of Land Proposed: When only a portion of the land to be subdivided is proposed on a master park and recreation plan, adopted as an element of the general plan of the city, as the site for a local park, such portion shall be dedicated for local park purposes and a fee shall be paid equal to the value of any additional land that would have been required to be dedicated pursuant to section 13.24.030 of this chapter.
B. City Ownership Of Major Portion Of Land: 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 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to section 13.24.030 of this chapter, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision. (1972 Code § 16.14.050)
13.24.060 FEE AMOUNT IN LIEU OF LAND DEDICATION:
Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to section 13.24.030 of this chapter. The "fair market value" shall be determined at the time of filing the tentative map or parcel map. (1972 Code § 16.14.060)
13.24.070 DETERMINATION OF LAND OR FEE:
A. Considerations: Whether the planning commission 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:
1. An adopted recreational element of the city’s general plan;
2. 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. Compatibility of dedication with a master park and recreation plan adopted as an element of the general plan of the city; and
6. Availability of previously acquired park property.
B. Council Determination Final: The determination of the city council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. (1972 Code § 16.14.070)
13.24.080 CREDIT FOR PRIVATE OPEN SPACE:
No credit shall be given for private open space in a subdivision. (1972 Code § 16.14.080)
13.24.090 PROCEDURE FOR COUNCIL DETERMINATION:
At the time of the filing of the tentative map or parcel map, the city council shall determine, pursuant to section 13.24.030 of this chapter, the land to be dedicated and/or fees to be paid by the subdivider. At the time of the approval of the final map or parcel map, the subdivider shall dedicate the land and/or pay the fees as previously determined by the city council. (1972 Code § 16.14.090)
13.24.100 COMMENCEMENT OF DEVELOPMENT:
At the time of approval of the final subdivision map or parcel map, the city council shall specify when development of the park or recreational facilities shall be commenced. (1972 Code § 16.14.100)
13.24.110 SCHOOL SITES:
As a condition to approval of a map, a subdivider may be required to dedicate land within the subdivision for the purpose specified in, and in accordance with and subject to, the provisions of California Government Code section 66478. (1972 Code § 16.14.110)