Chapter 11.10
PARK AND RECREATION LAND AND IMPROVEMENTS
Sections:
11.10.040 Formula for dedication of land.
11.10.050 Amount of fee in lieu of land dedication.
11.10.060 Determination of land or fee.
11.10.070 Assessment district required.
11.10.080 Credit for private open space.
11.10.100 Disposition of fees.
11.10.120 Subdivider-provided park and recreation improvements.
11.10.130 Agency to accept land and fees.
11.10.150 Sale of dedicated land.
11.10.010 Purpose.
This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California, and the ordinances of the City. The park and recreational facilities for which dedication of land and/or payment of any fee is required by this chapter are in accordance with the recreational element of the General Plan of the City, adopted by the City. (Ord. 89-12, 7-11-1989)
11.10.020 Requirements.
At the time of approval of the tentative map or parcel map, or application for conditional use permit, site plan approval or building permit, the Planning Commission of the City shall determine pursuant to NCC 11.10.040, the land required for dedication or in-lieu fee payment. 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 both, at the option of the City for neighborhood and community park or recreational purposes at the time and according to the standards and formula contained in this chapter. In the event park and recreational services are provided by a public agency other than the City, the amount and location of land to be dedicated or fees to be paid shall be jointly determined by the City and such public agency. The requirement for dedication of park land or fees in-lieu thereof shall be exclusive of all other dedications for public purposes for on site or off site improvements, except as otherwise expressly provided in NCC 11.10.070. (Ord. 85-10, 11-26-1985)
11.10.030 General standard.
It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that five acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes.
11.10.040 Formula for dedication of land.
A. Where a park or recreation facility has been designated in the recreation element of the General Plan of the City, and is to be located in whole or in part in 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 that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following based on unity density as specified in the City land element and as listed herein:
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Number of units X estimated occupants |
1,000 5 |
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where 1,000 = population, and |
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|
where 5 = acres |
B. Density of dwelling units and assumed occupancy shall be consistent with those set forth in the land use element of the General Plan of the City.
C. Dedication of the land shall be made in accordance with the procedures contained in NCC 11.10.090.
D. For the purposes of this section, the number of new dwelling units shall be based upon the number of lots indicated on the map when in an area zoned for one dwelling unit per lot. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per lot, the number of dwelling units in the area so zoned shall equal the number approved by the Planning Commission. In the case of a condominium project, the number of new dwelling units shall be the number of approved condominium units. The term “new dwelling unit” does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.
E. The subdivider shall, without credit:
1. Provide full street improvements and utility connections, including, but not limited to, curbs, gutters, street paving, traffic-control devices, street trees, and sidewalks to land which is dedicated pursuant to this section;
2. Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land;
3. Provide improved drainage through the site; and
4. Provide other minimal improvements which the Planning Commission determines to be essential to the acceptance of the land for recreational purposes.
F. The land to be dedicated and the improvements to be made pursuant to this section shall be approved by the Director of Public Works. (Ord. 89-12, 7-11-1989; Ord. 85-10, 11-26-1985)
11.10.050 Amount of fee in lieu of land dedication.
When a fee is to be paid in lieu of land dedications, the amount of such fee shall be:
A. A charge of $1,600 for all R-1 single-family residential lots created or R-1 single-family residential units constructed within other zones where permitted.
B. A charge of $1,280 for all other residential units, including mobile homes inside mobile home parks.
It is the intent of the City that development fees established for public park purposes as specified above shall be set in an amount at least sufficient to offset the full costs of park land acquisition, and basic improvements including sod, trees and irrigation systems. The amount of such fee may be changed by the City Council by resolution, upon review and receipt of an analysis of the amount necessary to cover these costs. These fees shall be automatically adjusted for inflation on March 1st of each year, or if no adjustment has yet been made for the year, as soon as practicable, in accordance with the increase in the Engineering News Record Index for the period ending in the preceding December for the preceding 12 months or, if the period since the last adjustment is longer than 12 months, since the last date of adjustment of said fee.
Nothing herein shall prohibit the dedication and acceptance of land for park and recreational purposes or subdivisions of 50 parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the Planning Commission. (Ord. 2002-1 § 1, 3-26-2002; Ord. 93-6, 7-27-1993)
11.10.060 Determination of land or fee.
Whether the City 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. The natural features, access, and location of land and the subdivision available for dedication;
B. The size and shape of the subdivision and land available for dedication;
C. The feasibility of dedication;
D. The compatibility of dedication with the recreation element of the General Plan; and
E. The location of existing and proposed park sites and trailways. The determination of the Planning Commission as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final unless said determination is appealed to the City Council by the applicant within five days after receiving the decision of the Planning Commission, in which case the City Council shall set the matter for hearing at its next regular meeting after receipt of the notice of appeal. (Ord. 85-10, 11-26-1985)
11.10.070 Assessment district required.
As a condition of approval of a final subdivision map or parcel map, the subdivider shall consent to participation in an assessment district established for the purposes of acquiring funds for park and recreation development, construction and/or improvement. Selection of the most appropriate vehicle for acquiring funds (i.e., 1915 Act District, Mello-Roos District) shall be the sole prerogative of the City. (Ord. 89-12, 7-11-1989)
11.10.080 Credit for private open space.
No credit shall be given for private open space in the subdivision except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003.1 of the Business and Professions Code, partial credit, not to exceed 50 percent, shall 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. Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and
B. Private park and recreation facilities shall be owned by a homeowners association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a 100 percent affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities; and
C. Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City or its successor; and
D. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and
E. Facilities proposed for the open space are in substantial accordance with the provisions of the recreation element of the General Plan; and
F. The open space for which credit is given is generally a minimum of one acre and provides all of the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area.
1. Recreational open spaces, which are generally defined as park areas for active recreational pursuits such as soccer, golf, baseball, softball, and football, and have at least one acre of maintained turf with less than five percent slope.
2. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games.
3. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, lawned area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than five square feet of water surface area for each one percent of the population of the subdivision with a minimum of 800 square feet of water surface area per pool, together with an adjacent deck and/or lawn area twice that of the pool.
4. Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development.
The determination of the Planning Commission as to whether credit shall be given and the amount of credit shall be final and conclusive.
11.10.090 Procedure.
A. At the time of approval of the tentative map or parcel map or site plan approval or other action by the Planning Commission, and prior to the issuance of a building or use permit, the Planning Commission shall determine the amount of land required for dedication and/or the amount required for in-lieu fee payment pursuant to NCC 11.10.040 and NCC 11.10.050. If the Planning Commission requires in-lieu fee payment of the subdivider, the Planning Commission will set the fee based on the number and type of units approved.
B. At the time of filing the final subdivision map or parcel map, the subdivider shall dedicate the land or pay the fees as required. Dedications of land or required in-lieu fee payments established as conditions of other discretionary approvals, shall be made prior to the issuance of any building permit.
C. Open space covenants for private park or recreational facilities shall be submitted to the City prior to the approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map.
11.10.100 Disposition of fees.
A. Fees as determined herein shall be paid to the City Treasurer and shall be deposited in the Subdivision Park Trust Fund, or its successor. Money in said fund, including accrued interest, shall be expended solely for acquisition or development of park land, or improvements related thereto.
B. Collected fees shall be appropriated by the local agency to which the land or fees are conveyed or paid for a specific project to serve residents of the subdivision in a budgetary year within five years upon receipt of payment or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.
C. If such fees are not so committed, these fees, less an administrative charge, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.
D. The City Treasurer shall report to the City Council at least annually on income expenditures, and status of the Subdivision Park Trust Fund.
11.10.110 Exemptions.
A. Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this chapter; provided, however, that a condition shall 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 parcels the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.
B. The provisions of this chapter do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives 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.
11.10.120 Subdivider-provided park and recreation improvements.
The value of park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this chapter. The City Council reserves the right to approve such improvements prior to agreeing to accept the dedication of lands and to require in-lieu fee payments should the land and improvements be unacceptable.
11.10.130 Agency to accept land and fees.
A. Land or fees required under this chapter shall be conveyed or paid directly to the local public agency which provides park and recreational services on a community-wide level and to the area within which the proposed development will be located, if such agency elects to accept the land or fee. At the time of tentative map approval, the Planning Commission shall determine whether the City is the appropriate local agency.
B. The City, County, or other local public agency to which the land or fees are conveyed or paid shall develop a schedule pursuant to Section 66477 of the Government Code specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the subdivision.
11.10.140 Access.
All land offered for dedication to local park or recreation purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the City Council if the City Council determines that a public street access is unnecessary for maintenance of the park area or use thereof by residents.
11.10.150 Sale of dedicated land.
If during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in a school location), the land may be sold upon the approval of the City Council with the resultant funds being used for the purchase of a more suitable site. (Ord. 85-10, 11-26-1985)
11.10.160 Fair market value.
In those instances where the amount of land required for dedication by a subdivider is less than the entire area required for a park site, the City shall purchase the remainder of the park site at fair market value. The City declares its intention that fair market value of land identified as a park site in the General Plan, shall be presumed to be that value which would exist on the property were it not contemplated for development within the next 10 years, rather than appraisals calculated on lost value based on the anticipated or prospective worth of land potentially or currently available for urban development. The City covenants that land acquired for park and recreation purposes will be retained for those uses for a period of not less than 10 years except as provided in NCC 11.10.150. (Ord. 89-12, 7-11-1989)