Chapter 16.10
PARK AND RECREATION DEDICATION AND FEES
Sections:
16.10.040 Standards and formula for dedication of land.
16.10.050 Formula for fees in lieu of land dedication.
16.10.060 Criteria for requiring both dedication and fee.
16.10.070 Amount of fee in lieu of land dedication.
16.10.080 Subdivisions not within general plan.
16.10.090 Determination of land or fee.
16.10.100 Credit for private open space.
16.10.120 Commencement of development.
For statutory provisions authorizing cities to require dedication of land for recreational purposes, or fees in lieu thereof, as a condition to subdivision approval, see Government Code § 66477.
16.10.010 Purpose.
This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the recreational element of the general plan of the city, adopted by the city in August, 1973. (Ord. 346, 1975).
16.10.020 Requirements.
As a condition of approval of a final map or parcel 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 chapter. (Ord. 346, 1975).
16.10.030 General standard.
It is found and determined that the public interest, convenience, health, welfare and safety require that five acres of property for each 1,000 persons residing within this city be devoted to local park and recreational purposes. (Ord. 346, 1975).
16.10.040 Standards and formula for dedication of land.
Where a park or recreational facility has been designated in the public facilities 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:
Dwelling Type: Single-family, zoning district, R-1; assumed density, 4.0 persons per DU. Standard: Acres per DU, 2 acres per 100 DUs.
Duplex, low density apartments; zoning district, R-2, R-3, R-4; assumed density, 2.5 persons per DU. Standard: Acres per DU, 2 acres per 160 DUs.
Dedication of the land shall be made in accordance with the procedures contained in this section. (Ord. 346, 1975).
16.10.050 Formula for fees in lieu of land dedication.
A. General Formula. If there is no park or recreational facility designated in 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 subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in HMC 16.10.040 and in an amount determined in accordance with the provisions of HMC 16.10.070, such fee to be used for a local park 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, 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 HMC 16.10.040 and in an amount determined in accordance with the provisions of HMC 16.10.070.
C. Use of Money. 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 the city council deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. (Ord. 346, 1975).
16.10.060 Criteria for requiring both dedication and fee.
In subdivisions of over 50 lots, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:
A. When only a portion of the land to be subdivided is proposed on the general plan as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of HMC 16.10.050 shall be paid for any additional land that would have been required to be dedicated pursuant to HMC 16.10.040.
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 the provisions of HMC 16.10.040 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to HMC 16.10.040, 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. (Ord. 346, 1975).
16.10.070 Amount of fee 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 average estimated fair market value in the residential portion of the city; this average estimated fair market figure shall be adjusted annually by the city to keep current with property appreciation. (Ord. 346, 1975).
16.10.080 Subdivisions not within general plan.
Where the proposed subdivision lies within an area not then but to be included within the city general plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the city general plan and in accordance with the provisions of this chapter. (Ord. 346, 1975).
16.10.090 Determination of land or fee.
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:
A. Public facilities element of the city’s general plan;
B. Topography, geology, access and location of land in the subdivision available for dedication;
C. Size and shape of the subdivision and land available for dedication;
D. The feasibility of dedication;
E. Compatibility of dedication with the Holtville master park and recreation plan; and
F. Availability of previously acquired park property.
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. 346, 1975).
16.10.100 Credit for private open space.
No credit shall be given for private open space in a subdivision. (Ord. 346, 1975).
16.10.110 Procedure.
At the time of approval of the tentative map, the city council shall determine pursuant to HMC 16.10.070 the land to be dedicated and/or fees to be paid by the subdivider.
At the time of filing of the final subdivision map, the subdivider shall dedicate the land as previously determined by the city council. Where the city council has determined that fees shall be paid in lieu of or in addition to the dedication of land, the subdivider shall pay said fees in accordance with the following schedule:
A. For any subdivision consisting of 10 or more lots, the fees shall be paid, in their entirety, prior to the issuance of any building permit for any building or structure to be located upon any lot in the subdivision;
B. For any subdivision consisting of nine or less lots, the fee shall be paid on a lot-by-lot basis and prior to the issuance of any building permit for any building or structure to be located upon any one of the lots in the subdivision.
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. (Ord. 346, 1975).
16.10.120 Commencement of development.
At the time of approval of the final subdivision map, the city council shall specify when development of the park or recreational facilities shall be commenced. (Ord. 346, 1975).
16.10.130 Exemptions.
The provisions of this chapter shall not apply to subdivisions containing less than five parcels and not used for residential purposes; 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 such parcel as a condition to the issuance of such permit.
The provisions of this chapter also shall not apply to industrial subdivisions, nor to condominium projects 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, nor to parcel maps for a subdivision containing less than five parcels for a shopping center containing more than 300,000 square feet of gross leasable area and no residential development or uses. (Ord. 346, 1975).