Chapter 17.32
DEDICATION AND RESERVATIONS
Sections:
17.32.010 Dedication of rights-of-way and easements.
17.32.040 Bicycle paths – Transit facilities.
17.32.050 Solar access easements.
17.32.060 Access to public resources.
17.32.070 Drainage and sewer facilities.
17.32.080 Bridges and major thoroughfares.
17.32.090 Other public facilities.
17.32.010 Dedication of rights-of-way and easements.
Every street, alley, walkway, drainage channel, reserve strip (or waiver of access rights), easement, and other right-of-way shown on the parcel or final map intended for public use shall be offered for dedication at the time the parcel or final map is filed. (Government Code Sections 66475, 66476, 66477.1, 66477.2, 66477.3.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.32.020 Park dedication.
A. Authority. This section is enacted under the general police power and Government Code Section 66477.
B. Requirements. As a condition of approval of a tentative or parcel map, at the option of the city, the subdivider shall dedicate land, pay a fee instead, or do a combination of both, as to be detailed in the conditions of the tentative or parcel map, for park or recreational purposes according to the standards and formula in this section.
C. General Standard.
1. The dedication of land or payment of fees, or both, shall be the proportionate amount necessary to provide five acres of park area per 1,000 persons residing within a subdivision.
2. The amount of land dedicated or fees paid is based upon the residential density. Residential density is determined on the basis of the tentative or parcel map and the average household size.
3. No land dedication or fee is required on a parcel for which park dedication requirements have previously been met.
D. Standards and Formula for Dedication of Land.
1. Where a park or recreation facility is designated in the park and recreation element of the Pittsburg general plan to be located in whole or in part within a proposed subdivision, the subdivider is required to dedicate the land for a local park. All park land dedicated shall conform to the provisions of this section.
2. The amount of land to be dedicated shall be determined according to the following standards and formula:
|
Dwelling Type |
Density per DU |
Park Acres per 100 Units |
|---|---|---|
|
Single-family (detached) |
3.46 persons/ unit |
1.73 acres |
|
Multiple-family (including condos/ townhomes/apartments) |
2.65 persons/ unit |
1.325 acres |
3. The subdivider shall without credit provide: (a) full street improvements and utility connections including curbs, gutters, street paving, traffic control devices, street trees, and sidewalks adjacent to land which is dedicated under this section; (b) fencing along the property line of the subdivision contiguous to the dedicated land; and (c) other minimal improvements that the city determines to be essential to the acceptance of land for residential purposes.
4. Dedication of land is governed by the procedure in subsection (K) of this section.
E. Formula for Fees in Lieu of Land Dedication.
1. If (a) there is no park or recreation facility designated in the general plan within a proposed subdivision, or (b) the dedication of land under subsection (D) of this section is not feasible or compatible with the general plan, or (c) the city has previously acquired the necessary park property, or (d) the city otherwise determines that in-lieu fees will be required, the subdivider shall pay a fee instead of land dedication.
2. The amount of an in-lieu fee required under this section shall be calculated and collected as follows:
a. Fair market value shall be determined at the time of approval of the final map covering the territory in question.
b. Any applicable in-lieu fee shall be prorated and paid on a per unit basis to the city at the time of the issuance of a building permit unless deferred to a time set forth under a fee deferral program established by resolution but certainly no later than the time of final inspection.
c. The city may, but is not required to, value and collect an in-lieu fee at an earlier date if consistent with (i) an agreement executed and signed by the party responsible for the payment of the in-lieu fee, (ii) a resolution by the city council authorizing the early payment of the in-lieu fee, and (iii) the best interests of the citizens of the city of Pittsburg.
d. Fair market value shall be the value of a typical buildable acre of land within the city suitable for residential or park land development excluding areas which are unbuildable due to flooding, topography, easements, or other restrictions. Park sites should be designed so that at least 80 percent of the site has slopes of less than three percent and should be available for year-round use.
e. The city has the sole discretion to determine what is and what is not a typical buildable acre of land for purposes of this section. The city’s determination as to what constitutes a typical buildable acre of land shall be binding for purposes of this chapter.
f. The fair market value of land for in-lieu fee purposes shall be established periodically by the city council through a city park fee resolution.
g. Biennially, or more frequently as directed by the city council, the city engineer shall determine the average fair market value of a buildable acre of land within the city. The city engineer may coordinate the appraiser of land and direct appropriate city resources for the determination of this fair market value. The city engineer’s fair market value determination shall be considered by the city council upon adoption of the city park fee resolution.
h. The city engineer may, but is not required to, hire one or more professional appraisers to assist in determining fair market value pursuant to subsection (E)(2)(g) of this section. The city engineer, and any appraiser, shall consider the following when determining fair market value for purposes of this section:
i. The general plan;
ii. Residential zoning and density;
iii. Building entitlements;
iv. Existing citywide public improvements;
v. The value of private improvements required in citywide residential developments, including the improvements listed in subsection (D) of this section;
vi. The sales price or appraised value of comparable residentially zoned property within the city utilizing data from the previous two-calendar-year period; and
vii. The sales price or appraised value of comparable residentially zoned property outside the city utilizing data from the previous two-calendar-year period.
i. The city council shall occasionally, but at least once every other fiscal year, update the city park fee resolution. The city council may, at its option, choose to update the city park fee resolution more frequently as new market information becomes available. The fair market value established in the city park fee resolution shall be applied to the calculation of all park dedication in-lieu fees required under this section.
j. The fair market value established in each city park fee resolution shall be adjusted for inflation pursuant to the Bay Area Consumer Price Index until an updated fair market value is established by the city council. When applicable, the adjusted rate shall be established each February and shall be based on the average 12-month inflation rate of the preceding 12 months.
F. Fees in Lieu of Land Dedication – Fifty Parcels or Less. If the proposed subdivision contains 50 parcels or less, the city may only require the payment of fees under this section, and may not require the dedication of land. However, this section does not preclude the dedication and acceptance of land for park and recreation purposes in a subdivision of 50 parcels or less if the subdivider proposes dedication voluntarily and the land is acceptable to the city.
G. Combination of Fees and Dedication. The planning commission may approve a combination of fee payment and land dedication when:
1. Only a portion of a proposed and accepted park falls within a subdivision. That portion shall be dedicated for park purposes and a fee is required for any additional amount of land that would otherwise be required for dedication; or
2. A major part of the park or recreation site has already been acquired and only a small portion of land is needed from the subdivision to complete the site. The needed portion shall be acquired by dedication and a fee required for any additional amount of land that would otherwise be required for dedication; or
3. The planning commission determines that a combination of fees and dedication will best serve the public interest.
The planning commission’s determination as to fees, dedication, or a combination of both may be appealed to the city council by the party responsible for the dedication of land or the payment of in-lieu fees or by the city manager.
H. Determination of Land or Fee. Whether the city accepts land dedication or requires a fee, or a combination of both, is determined by considering the following:
1. Open space, youth and recreation element of the general plan;
2. Topography, geology, access and location of land in the subdivision available for dedication. Proposed park sites should be designed so that 80 percent of the site has slopes of less than three percent and should be available for year-round use;
3. Size and shape of the subdivision and land available for dedication, specifically, proposed park sites should consist of a minimum of two contiguous acres in new residential neighborhoods;
4. The feasibility of dedication;
5. Whether the city has previously acquired sufficient land for park and recreation purposes;
6. Whether the public interest is best served by the dedication of land or the imposition of an in-lieu fee; and
7. The factors set forth in subsections (F) and (G) of this section.
I. Partial Credit for Private Open Space. Where private open space for active park and recreation uses is provided in a proposed subdivision, the city may grant partial credit not to exceed 50 percent against the requirement of land dedication or payment of fees if the city finds it is in the public interest to do so and that all of the following standards are met:
1. Yard, court areas, setbacks and other open area or landscaping required to be maintained by the zoning and building ordinances and regulations are not included in the computation of credit; and
2. The private ownership and maintenance of the area is adequately provided for by recorded written agreement, covenants or restrictions; and
3. The use of the private area 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 subdivision and which cannot be amended or eliminated without the city’s consent; and
4. The proposed private area is reasonably adoptable for use for active park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and
5. The proposed facilities are in substantial conformance with the parks and recreation element of the general plan; and
6. The space for which credit is given is a minimum of two acres and provides a minimum of four of the following local park basis elements, or a combination of elements and other recreational improvements, which will meet the specific recreation and park needs of the future residents of the area:
|
Elements |
Acres |
|---|---|
|
a. Children’s play apparatus areas |
0.50 – 0.75 |
|
b. Family picnic areas |
0.25 – 0.75 |
|
c. Landscape park-like and quiet areas |
0.50 – 1.00 |
|
d. Game court areas |
0.25 – 0.50 |
|
e. Turf play fields |
1.00 – 3.00 |
|
f. Swim pool (42 feet × 75 feet) with adjacent deck and lawn |
0.25 – 0.50 |
|
g. Recreation center buildings |
0.15 – 0.25 |
J. Credit for Park and Recreation Improvements. If the subdivider provides park and recreation improvements to the dedicated land (other than improvements required by subsection (D)(3) of this section), the value of the improvements is a credit against the payment of fees or dedication of land required by this section. To qualify for credit under this subsection, the subdivider must first obtain approval from the recreation and planning commissions for the precise improvements to be installed.
K. Procedure.
1. General. When a developer submits a tentative map to the city, he shall specify as part of the filing how he intends to satisfy the park dedication requirements of this section.
2. Recommendation and Decision. At the time of approval of a tentative map, the planning commission shall determine whether to require a dedication of land, payment of a fee instead, or a combination of both. The planning commission’s decision shall be based upon a report and recommendation from the recreation commission which shall include:
a. The amount of land required for purposes of park dedication;
b. Credit to be given under subsection (I) or (J) of this section;
c. The location of the dedicated land or proposed use of in-lieu fees.
The decision of the planning commission may be appealed to the city council by the party responsible for the dedication of land or the payment of in-lieu fees or by the city manager.
3. Time for Dedication or Payment.
a. The subdivider shall dedicate the land required for dedication at the time of the filing of the final or parcel map for the subdivision.
b. The subdivider shall pay the required in-lieu fees at a time consistent with subsections (E)(2)(b) and (c) of this section.
L. Use of Land and Fees.
1. The land, fees, or combination of both may be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision.
2. The city council shall develop and adopt a schedule specifying how, when, and where it will use the land, fees, and interest. Fees and interest collected under this section shall be committed within five years after the payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.
M. Exemptions. This section does not apply to:
1. Subdivisions containing less than five parcels and not used for residential purposes. However, the city shall place the following condition on the parcel map:
If, within four years, a building permit is required for construction of a residential structure on one or more of the parcels, the owner of each such parcel is required to pay a park dedication fee under this chapter before the permit is issued.
2. Commercial or industrial subdivisions or to condominium projects or stock cooperatives that 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. 10-1331 § 2, 2011; Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 06-1275 § 2, 2006; Ord. 05-1237 § 4, 2005; Ord. 962 § 2 (Exh. A), 1989.]
17.32.030 School facilities.
A. Fee or Dedication. If the school district has levied a fee or other requirement on development, the subdivider shall present to the city a certificate of compliance from the district before a building permit is issued. (Government Code Sections 53080, 65995.)
B. Elementary School Site. The city may require a subdivider to dedicate to the school district land sufficient to construct such elementary schools as are necessary to assure adequate public school service to the residents of the subdivision. The requirement is terminated if the school district does not offer to enter into an agreement to accept the dedication and to repay the subdivider for the land, in conformance with Government Code Section 66478.
C. Interim Classroom Facilities. The city may require a subdivider to dedicate land or pay fees instead, or a combination of both, for interim classroom and related facilities for elementary or high schools to alleviate conditions of overcrowding caused by new residential development, in conformance with Government Code Sections 65970 through 65980. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.32.040 Bicycle paths – Transit facilities.
A. Bicycle Paths. Whenever a subdivider is required pursuant to Government Code Section 66475 to dedicate roadways to the public, the subdivider may also be required to dedicate land to provide bicycle paths for the use and safety of the residents of the subdivision. (Government Code Section 66475.1.)
B. Transit Facilities. The city may require a subdivider to dedicate land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items which directly benefit the residents of the subdivision. This subsection does not apply to condominium conversions. (See also Chapter 15.96 PMC.) (Government Code Section 66475.2.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.32.050 Solar access easements.
A. As a condition of approval of a tentative map, the city may require that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision has the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. In establishing such easements, the city shall consider the feasibility, contour, configuration of the parcel to be divided, and cost. Required easements shall not result in reducing allowable densities or the percentage of a lot that may be occupied by a building under applicable planning and zoning.
B. At the time of tentative map approval, the city engineer or the planning commission, as may be the case, shall specify:
1. The standards for determining the exact dimensions and locations of such easements;
2. Any restriction on vegetation, buildings and other objects that would obstruct the passage of sunlight through the easements; and
3. Conditions, if any, under which an easement may be revised or eliminated. (Government Code Sections 66475.3, 66473.1.)
C. This section is not applicable to conversion projects. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.32.060 Access to public resources.
The city may not approve a tentative or final map if the proposed subdivision fronts upon a public waterway, river, stream, bay shoreline, or publicly owned lake or reservoir unless the subdivision provides reasonable public access from a public street to that portion of the bank or shoreline bordering or lying within the subdivision. (Government Code Sections 66478.4, 66478.11, 66478.12.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.32.070 Drainage and sewer facilities.
(Government Code Sections 66483, 66488.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.32.080 Bridges and major thoroughfares.
(Government Code Sections 66484, 66489.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.32.090 Other public facilities.
As a condition of approval of a tentative map, the subdivider may be required to dedicate land, pay fees, or both, for fire stations, library sites, child day care, public art, or any other public facilities pursuant to, and in order to implement, the provisions of the general plan regarding such facilities. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.32.100 Reservations.
A. General. Where a park, recreational facility, fire station, library, or other public use is shown on the general plan or specific plan, and the plan contains policies and standards for those uses, the city may require a subdivider to reserve sites for those uses, as a condition of approval of a tentative map. (Government Code Section 66479.)
B. Limitations. The reserved area must be of such a size and shape as to permit (1) the balance of the property to develop in an orderly and efficient manner, and (2) the reserved area to be efficiently used or divided if it is not acquired by a public agency. The amount of land reserved may not render development of the remaining land economically unfeasible.
C. Acquisition. The public agency for whose benefit an area has been reserved shall at the time of final or parcel map approval enter into an agreement to acquire the area within two years, or longer by mutual agreement. (Government Code Sections 66480, 66481.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.32.110 Fees.
In imposing a fee as a condition of subdivision approval, the city shall do all of the following:
A. Identify the purpose of the fees;
B. Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. The identification may, but need not, be made by reference to a capital improvement plan as specified in Government Code Section 65403 or 66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the public facilities for which the fee is charged;
C. Determine how there is a reasonable relationship between the fee’s use and the type of development project;
D. Determine how there is a reasonable relationship between the need for the public facility and the type of development project; and
E. Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development.
Upon receipt of a fee, the city shall deposit, invest, account for and spend the fees in conformance with Government Code Sections 63077 and 66001. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]