Chapter 10.20
PARK AND RECREATION LAND
Sections:
10.20.040 Standards and formula for dedication of land.
10.20.050 Formula for fees in lieu of land dedication.
10.20.060 Criteria for requiring both dedication and fee.
10.20.070 Amount of fee in lieu of land dedication.
10.20.080 Subdivisions not within general plan.
10.20.090 Determination of land or fee.
10.20.100 Credit for private open space.
10.20.120 Commencement of development.
10.20.130 Industrial subdivision.
10.20.010 Purpose.
This chapter is enacted pursuant to the authority granted by Sections 66418 and 66477 of the Government Code of the state. The park and recreation 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 on June 4, 1974. (Ord. 318, § 1, Amended by Ord. 372, § 3; 1976 Code § 10-4.01; 1966 Code § 9200).
10.20.020 Requirements.
As a condition of approval of a final subdivision 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. 318, § 1; 1976 Code § 10-4.02; 1966 Code § 9201).
10.20.030 General standard.
It is found and determined that the public interest, convenience, health, welfare and safety require that five acres of property for each one thousand persons residing within this city be devoted to local park and recreational purposes. (Ord. 318, § 1; 1976 Code § 10-4.03; 1966 Code § 9202).
10.20.040 Standards and formula for dedication of land.
Where a park or recreational facility has been designated in the recreation plan, 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:
A. The formula for determining acreage to be dedicated shall be as follows:
|
Dwelling Unit |
Zoning District |
Assumed Density |
Standard: Acres/DU |
|
Single-family |
R-1, PD* |
4.0 Persons/DU |
2 acres/100 DUs |
|
Duplex, Low Density Apts. |
R-2, R-3 RG, PD* |
2.5 Persons/DU |
2 acres/100 DUs |
|
Med. & High Density Apts. |
RM, PD* |
2.0 Persons/DU |
2 acres/100 DUs |
* A Planned Unit Development (PD) of this dwelling type.
B. Dedication of the land shall be made in accordance with the procedures contained in MMC 10.20.110. (Ord. 318, § 1; 1976 Code § 10-4.04; 1966 Code § 9203).
10.20.050 Formula for fees in lieu of land dedication.
A. General Formula. If there is no park or recreational facility designated in the recreation 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 MMC 10.20.040, and in an amount determined in accordance with the provisions of MMC 10.20.070, 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 – Fifty Parcels or Less. If the proposed subdivision contains fifty 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 MMC 10.20.040 and in an amount determined in accordance with the provisions of MMC 10.20.070.
C. Use of Money. The money collected under this chapter 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. 318, § 1; 1976 Code § 10-4.05; 1966 Code § 9204).
10.20.060 Criteria for requiring both dedication and fee.
In subdivisions of over fifty 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 recreation 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 MMC 10.20.070 shall be paid for any additional land that would have been required to be dedicated pursuant to MMC 10.20.040.
B. When a major park 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 MMC 10.20.070 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to MMC 10.20.040, 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. 318, § 1; 1976 Code § 10-4.06; 1966 Code § 9205).
10.20.070 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 fair market value of the amount of land which would otherwise be required to be dedicated pursuant to MMC 10.20.040. The fee shall be paid pursuant to the provisions contained in MMC 10.20.110. The fair market value shall be determined at the time of filing the tentative map. (Ord. 318, § 1; 1976 Code § 10-4.07; 1966 Code § 9206).
10.20.080 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. 318, § 1; 1976 Code § 10-4.08; 1966 Code § 9207).
10.20.090 Determination of land or fee.
A. 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. Recreational element of the city’s general plan;
2. Topography, 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 the recreation plan; and
6. Availability of previously acquired park property.
B. 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. 318, § 1; 1976 Code § 10-4.09; 1966 Code § 9208).
10.20.100 Credit for private open space.
No credit shall be given for private open space in a subdivision. (Ord. 318, § 1; 1976 Code § 10-4.10; 1966 Code § 9209).
10.20.110 Procedure.
A. At the time of approval of the tentative subdivision map, the city council shall determine pursuant to MMC 10.20.090 the land to be dedicated and/or fees to be paid by the subdivider.
B. At the time of the filing of the final subdivision map, the subdivider shall dedicate the land or pay the fees as previously determined by the city council.
C. 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. 318, § 1; 1976 Code § 10-4.11; 1966 Code § 9210).
10.20.120 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. 318, § 1; 1976 Code § 10-4.12; 1966 Code § 9211).
10.20.130 Industrial subdivision.
The provisions of this chapter shall not apply to industrial subdivisions. (Ord. 318, § 1; 1976 Code § 10-4.13; 1966 Code § 9212).