CHAPTER 1
SUBDIVISIONS
ARTICLE 21. PARK AND RECREATION; DEDICATION; RESERVATIONS; FEES
SECTION:
§8403: Standards And Formula For Dedication Of Land
§8404: Formula For Fees In Lieu Of Land Dedication
§8405: Criteria For Requiring Both Dedication And Fee
§8406: Amount Of Fee In Lieu Of Land Dedication
§8407: Determination Of Land Or Fee
§8408: Credit For Private Open Space
§8420: School Site Reservations; Requirements
§8422: Payments To Subdivider For School Site Reservation
§8430: General Reservations; Requirements
§8431: Standards And Formula For Reservation Of Land
§8400 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 on August 21, 1974. (Ord. 682, §29, adopted 1976)
§8401 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 Article. (Ord. 682, §29, adopted 1976)
§8402 GENERAL STANDARD
It is hereby found and determined that the public interest, convenience, health, welfare and safety require that five (5) acres of property for each one thousand (1,000) persons residing within this City be devoted to local park and recreational purposes. (Ord. 682, §29, adopted 1976)
§8403 STANDARDS AND FORMULA FOR DEDICATION OF LAND
Where a park or recreational facility has been designated in the City "Master Park and 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:
The formula for determining acreage to be dedicated shall be as follows:
|
Average number of persons/dwelling unit ÷ |
1,000 population |
|
|
park acreage standard |
DU = Dwelling unit
|
(Example for single-family DU: 3.6 ÷ |
1,000 |
= .018 ac./U) |
|
|
5 |
|
The following table of population density is to be followed:
|
Park Land Dedication Formula Table |
||
|---|---|---|
|
Types of Dwelling |
Acreage/DU |
Average Density/DU 5 ac. std. |
|
Single-family |
3.6 |
.0180 |
|
Duplex and condominiums |
3.1 |
.0155 |
|
Apartments (tri-plexes and above) |
1.8 |
.0090 |
(Ord. 682, §29, adopted 1976)
§8404 FORMULA FOR FEES IN LIEU OF LAND DEDICATION
A. General Formula: If there is no park or recreational facility designated in the City "Master Park and 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 §8403 hereof in an amount determined in accordance with the provisions of §8406 hereof, such fee to be used for a 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 §8403 hereof and in an amount determined in accordance with the provisions of §8405 hereof.
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 such land for park and recreational purposes. (Ord. 682, §29, adopted 1976)
§8405 CRITERIA FOR REQUIRING BOTH DEDICATION AND FEE
In subdivisions of over fifty (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 City "Master Park and 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 §8406 hereof, shall be paid for any additional land that would have been required to be dedicated pursuant to §8403 hereof.
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 §8406 hereof, shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to §8403 hereof, such fees to be used for the improvement of the existing parks and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision. (Ord. 682, §29, adopted 1976)
§8406 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 §8403 hereof. The fair market value shall be determined at the time of filing the tentative map or parcel map. (Ord. 682, §29, adopted 1976)
§8407 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. Recreational 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 within the City "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. 682, §29, adopted 1976)
§8408 CREDIT FOR PRIVATE OPEN SPACE
Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty percent (50%), may be given against the requirement of land dedication or payment of fees in lieu thereof if the City Council finds that it is in the public interest to do so and that all the following standards are met:
A. That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and
B. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions; and
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; and
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; and
E. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the General Plan. (Ord. 682, §29, adopted 1976)
§8409 PROCEDURE
At the time of approval of the tentative map or parcel map, the Planning Commission on the recommendation of the Parks and Recreation Commission shall determine pursuant to §8403 hereof the land to be dedicated and/or fees to be paid by the subdivider.
At the time of the filing of the final map or parcel map, the subdivider shall dedicate the land/or pay the fees as previously determined by the Planning Commission.
Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map or parcel map and shall be recorded concurrent with the final subdivision map or parcel map. (Ord. 682, §29, adopted 1976)
§8410 EXEMPTIONS
The provisions of this Article shall not apply to subdivisions containing less than five (5) 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 parcel within four (4) 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 subdivision; nor to condominium projects 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; nor to parcel maps for a subdivision containing less than five (5) parcels for a shopping center containing more than three hundred thousand (300,000) square feet of gross leasable area and not residential development or uses. (Ord. 682, §29, adopted 1976)
§8420 SCHOOL SITE RESERVATIONS; REQUIREMENTS
As a condition of approval of a final map, a subdivider who develops or competes the development of one or more subdivisions within the City shall reserve for any eligible public school district such lands as the Planning Commission shall deem to be necessary for the purpose of constructing adequate school facilities. (Ord. 682, §29, adopted 1976)
§8421 PROCEDURE
The requirement of reservation shall be imposed at the time of approval of the tentative map. If, within thirty (30) days after the requirement of reservation is imposed by the City any eligible public school district does not offer to enter into a binding commitment with the subdivider to accept the reservation, the requirement shall be automatically terminated. The required reservation 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. (Ord. 682, §29, adopted 1976)
§8422 PAYMENTS TO SUBDIVIDER FOR SCHOOL SITE RESERVATION
Any eligible public school district shall, if a reservation is accepted, repay to the subdivider or his successors, the market value of the land at the time of approval of the final map, plus a sum equal to the total of the following amounts:
A. The cost of any improvements to the reserved land since acquisition by the subdivider;
B. The taxes assessed against the reserved land from the date of the eligible public school districts’ officer to enter into the binding commitment to accept the reservation;
C. Any other costs incurred by the subdivider in maintenance of such reserved land, including imputed interest costs on such land. For the purposes of this subsection and §8433 imputed interest is defined as the sum of money cost calculated by multiplying the market value purchase basis of the land reserved times the market value of interest at the time reservation is made. (Ord. 682, §29, adopted 1976)
§8430 GENERAL RESERVATIONS; REQUIREMENTS
As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in §8431. (Ord. 682, §29, adopted 1976)
§8431 STANDARDS AND FORMULA FOR RESERVATION OF LAND
Where a park, recreational facility, fire station, 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 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 the above specific plan or General Plan. The reserved area must 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 amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or General Plan and shall be in such multiples of street and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. (Ord. 682, §29, adopted 1976)
§8432 PROCEDURE
The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. (Ord. 682, §29, adopted 1976)
§8433 PAYMENT
The purchase price shall be the market value of the land at the time of approval of the final map, plus a sum equal to the total of the following amounts:
A. The taxes against such reserved area from the date of the reservation;
B. Any other costs incurred by the subdivider in the maintenance of such reserved area, including imputed interest costs on such land. (Ord. 682, §29, adopted 1976)
§8434 TERMINATION
If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate. (Ord. 682, §29, adopted 1976)