Chapter 11-7 DEDICATIONS AND RESERVATIONS

As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision which are needed for streets and alleys, including access rights and abutters' rights, drainage, bicycle paths, public greenways, scenic easements, public utility easements, and other public easements.

In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements.

Improvements shall be in accordance with Chapter 8 of this title, Article 2 of Title 7 of this Code, and City Standard Specifications and Drawings.

11-7-102 Waivers of direct street access.

The City may require as a condition of approval of any subdivision the waiver of direct access rights to proposed or existing streets from any property within or abutting the subdivision.

The waiver shall become effective in accordance with its provisions and shall be contained in the owner's certificate of the final or parcel map.

Article 2. Park Land Dedications

11-7-201 General.

The article is enacted pursuant to the authority granted by the Subdivision Map Act. The park and recreational facilities for which the dedication of land and/or payment of a fee is required by this article are in accordance with the Recreational Element of the General Plan.

11-7-202 Requirements.

As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, at the option of the City, for part or recreational purposes at the time and according to the standards and formula contained in this article.

11-7-203 General standard.

It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that property be dedicated for local park and recreational purposes at a ratio equal to the existing inventory of neighborhood and community park acreage for each 1,000 persons residing within the City or per 1,000 residents within the subdivision (Section 66477 of the Subdivision Map Act). For purposes of this computation the existing inventory of neighborhood and community park acreage shall be that number identified in the Public Facilities and Services Element of the latest adopted Turlock General Plan, as may be amended from time to time by City Council resolution.

(809-CS, Amended, 07/01/1993)

11-7-204 Standards and formula for the dedication of land.

Where a park or recreational facility has been designated in the Public Facilities Element of the General Plan 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 City shall develop a schedule specifying how, when, and where the City will use the land, or fees if paid in lieu of dedication, as determined by the City, or both.

The amount of land to be provided shall be determined pursuant to the following standards and formula:

Land area required equals the number of dwelling units times the City-wide average of persons per household for comparable housing types, times the acres of existing neighborhood and community parks according to the Turlock General Plan, divided by 1,000.

Fees shall be based on the land area required times the fair market value.

(809-CS, Amended, 07/01/1993)

11-7-205 Formula for fees in lieu of land dedication.

(a) General formula. If there is no park or recreational facility designated in the Public Facilities Element of the General Plan, or any Specific Plan enacted pursuant thereto, 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, in lieu of dedicating land, shall pay a fee equal to the value of the land prescribed for dedication in Section 11-7-204 of this article and in an amount determined in accordance with the provisions of Section 11-7-207 of this article, the 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 (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 Section 11-7-204 of this article and in an amount determined in accordance with the provisions of Section 11-7-207 of this article.

(c) Use of money. The money collected 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 Parks and Recreation Commission deems that there is sufficient land available for the subdivision, for improving such land for park and recreational purposes. The money shall be placed in a designated Parks and Recreational Fund for such area. The money shall be committed within five (5) years after payment or the issuance of building permits for one-half (1/2) of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lots bears to the total area of all lots in the subdivision.

11-7-206 Criteria for requiring both dedication and fees.

In subdivisions where the total shown on the subdivision map is over fifty (50) lots, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:

(a) Where only a portion of the land to be subdivided is proposed in the Public Facilities Element of 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 Section 11-7-207 of this article shall be paid for any additional land which would have been required to be dedicated pursuant to Section 11-7-204 of this article.

(b) Where 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, the remaining portion shall be dedicated, and a fee, computed in accordance with Section 11-7-207 of this article shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated in accordance with Section 11-7-204 of this article. The fee shall 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.

11-7-207 Amount of fees in lieu of park land dedication.

When a fee is required to be paid in lieu of park land dedication, the amount of the fee shall be based upon the average estimated fair market value of the land being subdivided or the value of the land which would otherwise be required to be dedicated in accordance with Section 11-7-204 of this article.

The fair market value shall be as determined by an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the City and the subdivider, which appraisal shall be used by the city in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.

11-7-208 Subdivisions within the General Plan sphere of influence.

Where the proposed subdivision lies within the City's sphere of influence, an area not then within, but to be included within, the City limits, 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 General Plan and in accordance with the provisions of this title.

11-7-209 Determinations of land dedication or fees.

Land dedication, or the payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

(a) The Public Facilities Element of the General Plan;

(b) The access and location of land in the subdivision available for dedication;

(d) The feasibility of dedication; and

(e) The availability of previously acquired park property.

The determination by the City as to whether land shall be dedicated, or whether a fee shall be charged, or combination of both, shall be final and conclusive.

11-7-210 Credit for private recreation or open space.

Where a substantial private park and recreational area is provided in a proposed subdivision, and such space is to be privately-owned and maintained in and by the future residents of the subdivision, partial credit, not to exceed fifty (50%) percent, may be given against the requirement of land dedication, or payment of fees in lieu thereof, if the Parks and Recreation Department finds that it is in the public interest to do so and that all the following standards are met:

(a) That yards, courts, areas, setbacks, and other open areas required to be maintained by the zoning and building laws and regulations shall not be 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 recorded written agreement, conveyance, or restrictions;

(c) That the use of the private open space is restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City or its successor;

(d) 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, access, and location;

(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

(f) That the open space for which credit is given provides a minimum of four (4) of the following local park basic elements or a combination of such and other recreational improvements which will meet the specific recreational and park needs of the future residents of the area:

Criteria List

Children's play apparatus area

Landscape park-like and quiet area

Family picnic area

Game court area

Turf playfield

Swimming pool (forty-two (42') feet by seventy-five (75') feet with adjacent deck and lawn areas)

Recreation center building

Before credit is given, the Parks and Recreation Department shall make written findings that the standards set forth in this section are met.

11-7-211 Procedure.

Prior to the approval of the tentative subdivision map or parcel map, the Planning Director, in the case of a tentative subdivision map, or the City Engineer, as required for a tentative parcel map, shall determine, after a report and recommendation from the Director of Parks and Recreation pursuant to Section 11-7-209 of this article, whether land is to be dedicated or in-lieu fees are to be paid by the subdivider, or any combination of land and fees.

The recommendation by the Director of Parks and Recreation shall include the following:

(a) The amount of land required; or

(b) That a fee be charged in lieu of land; or

(d) That a stated amount of credit be given for private recreation facilities, or unique natural and special features, and the like; and

(e) The location of the park land to be dedicated or the use of the in-lieu fees; and

(f) The approximate time when the development of the park or recreation facility shall commence.

Such action shall be reviewed by the Planning Commission, and it shall include an appropriate condition in its final approval.

At the time of the filing of the final or parcel map, the subdivider shall dedicate the land and/or pay the fee as determined by the City.

Open space covenants for private park or recreational facilities shall be submitted to the City prior to the approval of the final subdivision map and shall be recorded contemporaneously with the final subdivision map.

11-7-212 Commencement of development.

At the time of the approval of the final or parcel map, the City shall specify when the development of the park or recreational facilities shall be commenced.

11-7-213 Nonapplicable subdivisions.

The provisions of this article shall not apply to industrial subdivisions, condominium projects, or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added. Subdivisions containing five (5) or less parcels and not used for residential purposes shall be exempted.

11-7-214 Park improvement fees.

As a condition of approval of a final map or parcel map, the subdivider shall pay a park improvement fee on each dwelling unit as determined by the provisions of Section 11-7-215 of this chapter.

(908-CS, Enacted, 12/07/1996)

11-7-215 Fee determinations.

The park improvement fee required in this chapter shall be based on the Prototype Neighborhood Park standards and park improvements cost estimates that have been identified in the Public Facilities Element (Park Master Plan) of the General Plan, which is intended to serve the immediate and future needs of the residents of the proposed residential unit.

The park improvement fee per residential unit shall be determined (in generally the same manner as the Park Land Dedication is determined in Section 11-7-204 of this chapter) pursuant to the following standards and formula:

Neighborhood Park standard improvement cost per acre times the City-wide average of persons per household for comparable housing types, times the acres of existing neighborhood and community parks according to the Turlock General Plan, divided by 1000.

This park improvement fee shall be indexed with the Engineering News Record and adjusted on a quarterly basis. The fee shall be set by resolution of the City Council.

(908-CS, Enacted, 12/07/1996)

11-7-215.1 Interim fee.

Any subdivision map which has received final approval by April 9, 1997, shall pay a fee equal to fifty (50%) percent of the amount arrived at by using the formula set forth in Section 11-7-215.

(921-CS, Amended, 06/12/1997; 908-CS, Enacted, 12/07/1996)

11-7-216 In-fill development park land and park improvement fees.

Every person carrying out a residential development, for which a dedication or fee as required by Section 11-7-202 and Section 11-7-214 of Article 2 of Chapter 7 of this title has not been paid, shall pay a fee, in lieu of dedication of land and a park improvement fee on each dwelling unit as determined in accordance with the provisions of Section 11-7-207 and Section 11-7-215 of this chapter. The fee shall be paid at the time of the issuance of the building permit or, if none is required, before the occupancy of an existing structure as a condominium for residential purposes.

(908-CS, Enacted, 12/07/1996)

11-7-217 Definition of dwelling unit.

"Dwelling unit" shall mean a building, or portion thereof, or a mobile home designed for residential occupation by one (1) person or a group of two (2) or more persons living together as a domestic unit. "Dwelling unit" shall not mean room additions to existing residential structures.

(908-CS, Enacted, 12/07/1996)

11-7-218 Definition of residential development.

"Residential development" shall mean:

(a) The construction of one (1) or more non-mobile home dwelling units;

(b) the construction of a mobile home park; or

(c) The conversion to a residential use of an existing structure, or part thereof, pursuant to a variance, special use permit, planned development permit, or other discretionary planning permit.

(908-CS, Enacted, 12/07/1996)

11-7-219 Fund use.

The park improvement funds collected in accordance with the provisions of this chapter shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the residential development by way of the construction and installation of park improvements and/or the purchase of necessary park land. The monies collected shall be placed in a designated Parks and Recreation fund for such area and shall be committed within five (5) years after payment.

In the event the money is not committed, it shall be distributed and paid to the record owner or owners of the residential development or dwelling units in the same proportion as the size of their unit bears to the residential development.

(908-CS, Enacted, 12/07/1996)

11-7-220 Credit for construction of park improvements.

A developer of new residential dwelling units may choose to install and/or construct certain park improvements within a neighborhood park that is identified to serve the residents of the affected subdivision in lieu of paying the park improvement fee. The park improvements must comply with the minimum standards adopted for neighborhood parks pursuant to the Turlock Parks Master Plan. The actual credit towards the park improvement fee that would otherwise be required will be determined and agreed to by the City and the residential developer pursuant to the terms of a development agreement which will be approved by the City Council in conjunction with the approval of the tentative subdivision map for the affected residential development.

(908-CS, Enacted, 12/07/1996)

Article 3. Elementary School Site Dedications

11-7-301 General.

As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as the Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

11-7-302 Procedure.

The requirement of dedication shall be imposed at the time of the approval of the tentative map. If, within thirty (30) days after the require-required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

11-7-303 Payments to subdividers for school site dedications.

The school district, if it accepts the dedication, shall repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(a) The cost of any improvements to the dedicated land since its acquisition by the subdivider;

(b) The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication; and

(c) Any other costs incurred by the subdivider in the maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

11-7-304 Exemptions.

The provisions of this article shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative map.

Article 4. Reservations

11-7-401 General.

As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries, wells, or other public uses according to the standards and formula set forth in this article.

11-7-402 Standards for the reservation of land.

Where a park, recreational facility, fire station, well site, library, or other public use is shown on an adopted Specific Plan or adopted General Plan containing a Community Facilities Element, Recreation and Parks Element, and/or a Public Building Element, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the definite principles and standards contained in such Specific Plan or General Plan. The reserved area shall be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The reserved area shall conform to the adopted Specific Plan or General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event it is not acquired within the prescribed period.

11-7-403 Procedure.

The public agency for whose benefit an area has been reserved, at the time of the approval of the final map or parcel map, shall enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.

11-7-404 Payments to subdividers.

The purchase price shall be the market value thereof at the time of the filing of the tentative map, plus the taxes against the reserved area from the date of the reservation, and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

11-7-405 Termination.

If the public agency for whose benefit an area has been reserved does not enter into a binding agreement, the reservation of the area shall automatically terminate.