Chapter 17.48
LAND DEDICATED FOR PARK AND RECREATION PURPOSES
Sections:
17.48.015 Dedication by subdivider.
17.48.025 Relation of land required to population density.
17.48.030 Population density determination.
17.48.035 Amount of land to be dedicated or fee in lieu thereof.
17.48.040 Credit for private open space.
17.48.050 Dedication of land or fee or both--Procedures.
17.48.055 Time of commencement to be designated.
17.48.060 Limitation on use of land and fees.
17.48.065 Applicability to minor divisions of land.
17.48.010 Findings.
The city council finds, determines and declares as follows:
A. In 1974, the Legislature of the State of California amended Title 7, Planning and Land Use, of the Government Code, adding Section 66477 (cited therein as the “Quimby Act”) so as to enable cities and counties to require either the dedication of land, the payment of fees, or a combination of both, for park or recreational purposes as a condition of approval of a subdivision map. Section 66477 also sets forth the conditions for such dedications; and
B. Before a city or county may avail itself of said act, it must have a general plan containing a recreational element with definite principles and standards for the park and recreational facilities to serve the residents of the city or county; and
C. The city council has adopted a general plan, including amendments thereto, containing such recreational element. (Ord. C-2016-01 §4(part), 2016; Ord. 3-94 §1(part), 1994).
17.48.015 Dedication by subdivider.
Every subdivider who subdivides land shall, at the option of the city, dedicate a portion of such land, pay a fee, or do both, as set forth in this chapter, for the purpose of providing park and recreational facilities to serve residents of the city. Only the payment of fees may be required in subdivisions containing fifty parcels or fewer. (Ord. 3-94 §1(part), 1994).
17.48.020 Applicability.
The provisions of this chapter shall apply to all subdivisions, as that phrase is defined in Section 66410 et seq. of the Government Code of this state, except subdivisions for which tentative subdivision maps have been filed within thirty days after July 20, 1972; industrial subdivisions; condominium projects which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added; and parcel maps for a subdivision containing fewer than five parcels for a shopping center containing more than three hundred thousand square feet of gross leasable area and no residential development or uses. (Ord. 3-94 §1(part), 1994).
17.48.025 Relation of land required to population density.
It is found and determined that the public interest, convenience, health, welfare and safety require that a minimum of seven acres of property for each one thousand persons residing within the city be devoted to park and recreational purposes. (Ord. 3-94 §1(part), 1994).
17.48.030 Population density determination.
A. Population density for the purpose of this chapter is determined as follows:
1. Single family units (R-1), 3.4 persons per D.U.
2. Two--four family units, 2.6 persons per D.U.
3. Five or more family units, 1.6 persons per D.U.
4. Mobile homes, 1.8 persons per D.U.
5. Residential hotels, 1.1 persons per D.U.
6. Transient hotels or tourist courts, 0.8 persons per D.U.
B. The basis for determining the total number of dwelling units shall be the number of such units permitted by the city on the property included in the subdivision at the time the final subdivision map is filed with the city council for approval. If subsequent application is made for rezoning or other action to increase the total number of dwelling units, the city council may in conjunction therewith readjust the amount of land to be dedicated or fee to be paid accordingly. (Ord. 3-94 §1(part), 1994).
17.48.035 Amount of land to be dedicated or fee in lieu thereof.
A. The amount of land required to be dedicated by a subdivider pursuant to this chapter shall be five acres per one thousand population.
B. 1. When a fee is 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 that would be required for dedication pursuant to subsection A of this section. The fee shall be calculated by the following formula:
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In lieu fee = |
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DUs x POP x 5 acres |
x |
FMV |
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1,000 People |
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Buildable Acre |
2. Definitions.
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DU |
= |
Number of dwelling units in a subdivision. |
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POP |
= |
Population per dwelling unit. |
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FMV |
= |
Fair market value of the subject real property. |
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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 for any reason. |
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3. Determination of Fair Market Value. The fair market value (FMV) of the subject real property shall be determined by the city engineer. The city engineer’s determination shall be based on a written appraisal by an MAI or SRA or state-licensed real estate appraiser, taken from a list of such qualified appraisers maintained by the city. The appraisal shall be made immediately prior to the approval of the final subdivision map by the city. The subdivider shall pay the cost of the appraisal. If the subdivider objects to the determined fair market value he/she may appeal said determination to the city council in accordance with the requirements of Chapter 1.25, within ten days after the city engineer has mailed a notification of the appraisal results to the subdivider, first class mail, to the last address shown in the city’s file for the subdivider.
C. The fair market value of acceptable park lands contributed shall be credited against these fees. Fair market value shall be based on the value of the land within the development prior to full development, and shall be determined on said basis by a qualified real estate appraiser approved by the city and the subdivider, the expense of which is to be shared equally by the city and the subdivider.
D. Monies expended by the subdivider for actual development of park and recreation facilities may also be credited against these fees, provided the city council finds it is in the public interest to do so. (Ord. C-2016-01 §4(part), 2016; Ord. C-7-08 §22, 2008; Ord. 3-94 §1(part), 1994).
17.48.040 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, such areas may be credited against the requirement of dedication for park and recreation purposes or fees paid in lieu thereof, to such an extent that the city council finds appropriate, in no event to exceed fifty percent, taking into account the mode of valuation set forth in this chapter, provided the city council finds it is in the public interest to do so, and that the following criteria are met:
A. That yards, court area, setbacks and other open areas required to be maintained by the zoning and building regulations are not 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 written agreement;
C. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract, and which cannot be defeated or eliminated without the consent of the city council;
D. That the percentage of credit recognized for private open space shall take into account such factors as size, shape, topography, geology, access and locations and the parcel’s suitability for use for park or recreational purposes, as distinguished from inactive or primarily aesthetic open space; and
E. That the facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan, and are approved by the city council. (Ord. 3-94 §1(part), 1994).
17.48.050 Dedication of land or fee or both--Procedures.
A. Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both shall be as follows:
1. Subdivider. At the time of filing a tentative tract map for approval, the owner of the property shall, as a part of such filing, indicate whether he desires to dedicate property for park and recreational purposes or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof on the tentative tract map as submitted;
2. Action of Advisory Bodies. Prior to its consideration of the tentative map and the owner’s proposal to dedicate land or pay fees in lieu thereof, the planning commission shall cause the same to be submitted to the parks and recreation commission for its consideration and recommendation. If the parks and recreation commission fails to act thereon within forty-five days, the owner’s proposal shall be deemed to be approved and the planning commission shall proceed on the basis of such recommendation.
The planning commission shall include among its recommendations to the city council on the tentative map its recommended approval, disapproval or modification of the owner’s proposal;
3. Action of City Council. At the time of the tentative tract map approval, the city council shall tentatively determine, as a part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both;
4. Prerequisites for Approval of Final Map. Where dedication is required it shall be accomplished in accordance with the provisions of the Subdivision Map Act and any additional requirements of the city. Where fees are required, the same shall be deposited with the city prior to the approval of the final tract map. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final tract map and shall be recorded contemporaneously with the final tract map.
B. Determination. Whether the city council 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. Recreation element of the city’s general plan; and
2. Topography, geology, access and location of land in the subdivision available for dedication; and
3. Size and shape of the subdivision and land available for dedication.
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. (Ord. 3-94 §1(part), 1994).
17.48.055 Time of commencement to be designated.
At the time the final subdivision map is approved, the city council shall designate the time when development of the park and recreational facilities shall be commenced. Said time may be designated as a date certain or as conditional upon the occurrence of one or more events affecting such development such as the formation of an assessment district, the approval of a bond issue, the completion of a capital improvement program for other facilities in the area, or similar event. (Ord. 3-94 §1(part), 1994).
17.48.060 Limitation on use of land and fees.
The land and fees received under this chapter shall be used for the purpose of providing park and recreational facilities to serve residents of the city. (Ord. 3-94 §1(part), 1994).
17.48.065 Applicability to minor divisions of land.
The requirements of this chapter shall in like manner apply to all lot splits and other divisions of land into four or fewer lots or parcels which do not constitute a subdivision of land under the provisions of state law. (Ord. 3-94 §1(part), 1994).