Division II. Dedications of Land or Payment of Fees
Chapter 16.38
PARKLAND DEDICATION PROCEDURE
Sections:
16.38.030 Standards for dedication.
16.38.040 Computation of in-lieu fee (interim).
16.38.050 Combination of parkland and fees required.
16.38.060 Procedure – Generally.
16.38.070 Procedure – City option.
16.38.080 Procedure – Determination.
16.38.090 Procedure – Prerequisites or approval of final map or parcel map.
16.38.100 Procedure – Park and recreational use land credit for private open space.
16.38.110 Procedure – In-lieu fee credit for developer installed parkland improvement.
16.38.010 Title and purpose.
A. The provisions of this chapter shall be known as the “parkland dedication procedure.”
B. The City finds that the parkland dedication procedure supports the implementation of the general plan and its elements, in particular parks and recreation. The City further finds that parkland dedication, in-lieu payment of fees or a combination of both are necessary for the development of parkland within the City. (Ord. 124 § 1, 1984)
16.38.020 Applicability.
Land under this chapter shall be conveyed directly to the City prior to or concurrent with final map/parcel map approval. Park fees for all residential development pursuant to PMC 15.06.050 shall be paid prior to issuance of building permits or may be deferred by posting of a security satisfactory to the City Attorney. The acceptance of such land or fees shall be applied as provided as follows:
A. Use of Land and Fees. The land, fees or combination thereof are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities which will reasonably serve or benefit future residents of such subdivision or development.
B. Establishment and Development Time. Any fees collected under this chapter from subdivisions shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lots bears to the total area of all lots within the subdivision.
C. Land Disposition. In the event that opportunities for better recreation facilities than those provided by the dedication materialize, the land so dedicated may be sold with the proceeds therefrom being used for suitable park and recreation facilities which serve the neighborhood in which that subdivision is located.
D. Payment of Fees Only. Only payment of fees shall be required in subdivisions of less than 50 lots unless agreed otherwise by the City Council and the subdivider.
E. Fees deferred by posting of security must be paid prior to issuance of a certificate of occupancy. (Ord. 358 § 3, 1992; Ord. 124 § 2, 1984)
16.38.030 Standards for dedication.
A. The amount of land to be dedicated shall bear a reasonable relationship to the use of the park and recreation facilities by the future residents of the subdivision. A ratio of five park acres to 1,000 population, in accordance with the adopted park and recreation element of the City’s general plan shall be used to compute the amount of land to be dedicated.
B. The minimum amount of acreage to be dedicated shall be computed by using the following formula:
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0.005 NP |
= |
Total land in acres to be dedicated for subdivision.
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WHERE:
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N |
= |
Number of dwelling units proposed.
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P |
= |
Average population per dwelling unit based on single-family, multiple-family, and mobile homes as established each calendar year by resolution of the City Council. |
(Ord. 124 § 3, 1984)
16.38.040 Computation of in-lieu fee (interim).
A. The amount of in-lieu fees shall be based upon the estimated costs of improvement of the total of all acreage currently owned by the City or other public agency that has been designated as parkland or open space on the park and recreation element or land use and circulation plan of the comprehensive plan.
B. The amount of in-lieu fees shall be computed by using the following formula:
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D ÷ (P-C) N
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= |
Total amount in dollars of in-lieu fees per dwelling unit.
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WHERE:
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C |
= |
Current estimated population as established each calendar year by resolution of the City Council.
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P |
= |
Ultimate population as established in the land use element of the general plan.
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D |
= |
Total estimated costs, as established each calendar year by resolution of the City Council, for development of public-owned parkland designated on the park and recreation element or land use and circulation plan of the comprehensive plan.
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N |
= |
Average population per dwelling unit based on single-family, multiple-family and mobile homes as established each calendar year by resolution of the City Council. |
(Ord. 282 § 1, 1988; Ord. 124 § 4, 1984)
16.38.050 Combination of parkland and fees required.
When a combination of land dedication and in-lieu fees are required as a condition of approval, the fair market value of the land as adopted by the City Council and the in-lieu fees, as computed under PMC 16.38.030, shall be of an equal value to provisions of PMC 16.38.030 applied to the entire subdivision. (Ord. 124 § 5, 1984)
16.38.060 Procedure – Generally.
The requirements of this chapter shall be met prior to or concurrent with final map or parcel map approval, or prior to issuance of building permits, by the provision of parkland in whole or in part, the payment of park fees, or by a combination of both as required by the City Council. (Ord. 358 § 3, 1992; Ord. 124 § 6, 1984)
16.38.070 Procedure – City option.
At the time of filing a tentative tract map or a tentative parcel map for approval, the City shall determine whether dedication of property for park and recreational purposes or in-lieu of fees are necessary. If the City desires dedication, the area shall be designated on the tentative tract map or tentative parcel map when deemed complete for submission. (Ord. 124 § 6(A), 1984)
16.38.080 Procedure – Determination.
The City Council shall determine whether to require land dedication, payment of fee in lieu thereof, or a combination of both, by consideration of the following:
A. Parks and recreation element of the general plan;
B. Topography, geology, access and location of land in the subdivision available for dedication; and
C. Size and shape of the subdivision and land available for subdivision. (Ord. 124 § 6(B), 1984)
16.38.090 Procedure – Prerequisites or approval of final map or parcel map.
Where dedication is offered and accepted, it shall be accomplished in accordance with the provisions of the State Subdivision Map Act. Where fees are required the same shall be deposited or secured with the City prior to the issuance of building permits. (Ord. 358 § 3, 1992; Ord. 124 § 6(C), 1984)
16.38.100 Procedure – Park and recreational use land credit for private open space.
A. Where substantial private open space for park and recreational purposes is proposed to be provided in a subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, up to 50 percent of such areas may be credited against the requirement of dedication for park and recreation purposes, as set forth in PMC 16.38.030; provided, that the following findings are met:
1. That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space;
2. That the private ownership and maintenance of the open space is adequately provided for by recorded, written agreement, conveyance or restrictions;
3. That the use of the private open space is restricted for private park and/or recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract which cannot be defeated or eliminated without the consent of the City or its successor;
4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology and access;
5. That facilities proposed for the open space are in substantial accordance with the provisions of the park and recreation element of the general plan;
6. That the open space for which credit is given is a minimum of two acres and provides a minimum of four of the local park basic elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation park needs of the future residents of the area:
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Criteria List
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Acres
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Children’s Play Apparatus Area |
0.50 – 0.75 |
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Landscape Park-like and Quiet Areas |
0.50 – 1.00 |
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Family Picnic Area |
0.25 – 0.75 |
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Game Court Area |
0.25 – 0.50 |
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Turf Playfield |
1.00 – 3.00 |
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Swimming Pool (42 feet by 75 feet with adjacent deck and lawn areas) |
0.25 – 0.50 |
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Recreation Center Building |
0.15 – 0.25 |
B. Before credit is given the City Council shall make written findings that the above standards are met. (Ord. 489 § 2, 1997; Ord. 124 § 6(D), 1984)
16.38.110 Procedure – In-lieu fee credit for developer installed parkland improvement.
Where specific parkland improvements are required to meet needs identified in the park and recreation element of the general plan, and when such improvements are recommended by the Director of Community and Development Services and approved by the City Council, 100 percent of those improvements may be credited against the requirement for payment of in-lieu fees as set forth in PMC 16.38.040; provided, that the following conditions are met:
A. Any such improvements shall bear a reasonable relationship to the utility of the specific park site where those improvements will be installed as determined by the Director of Community and Development Services.
B. Any such improvements for which credit is given shall be designed and installed by the developer of residential property based on City specifications to the satisfaction of the Director of Community and Public Services.
C. Such improvements shall serve future residents of the proposed subdivision and the public. Installation of those improvements shall be completed prior to occupancy of any residential units within the subdivision. (Ord. 518, 1999; Ord. 489 § 2, 1997; Ord. 124 § 6(E), 1984)
16.38.120 Exemptions.
The provisions of this chapter do not apply to commercial or industrial subdivisions; nor do they apply 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. (Ord. 124 § 7, 1984)