Chapter 9.28
DEDICATION OF LANDS FOR PARK AND RECREATION PURPOSES
Sections:
9.28.040 Amount of land to be dedicated.
9.28.050 Calculation of in-lieu fees.
9.28.010 Authority.
This chapter is enacted pursuant to authority granted by Section 66477 of the Government Code and the general police power of the city. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-7.0))
9.28.020 Requirement.
Each subdivider of the land classified by the zoning ordinance (Title 8) for residential use shall as a condition to filing a final map or parcel map dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational purposes. Requirements shall be established by the advisory agency when acting on the tentative tract map or tentative parcel map in consultation with the City Public Works Department or Parks and Community Services Department. Land or fees required under this chapter shall be conveyed or paid directly to the city, which provides community-wide park and recreational services, upon approval of the final map or parcel map. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-7.1))
9.28.030 Limitations.
A. The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities bearing a reasonable relationship to use by future inhabitants of the subdivision.
B. The city shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision in a manner consistent with the limitations of this chapter and the Subdivision Map Act. Any fees collected under this chapter shall be committed within five (5) years after the payment of such fees or the issuance of building permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later. If such fees are not timely committed, they 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 within the subdivision.
C. Park and recreational facilities shall be in accord with principles and standards of the parks and open space element of the city’s general plan and the city’s parks and recreation master plan.
D. Only the payment of fees may be required in subdivisions containing fifty (50) parcels or less, except that when a condominium project, stock cooperative, or community apartment project, as those terms are defined in Section 1351 of the Civil Code, exceeds fifty (50) dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty (50). In subdivisions larger than fifty (50) parcels, this requirement may be satisfied by dedicating land and/or payment of fees as determined by the advisory agency.
E. The provisions of this chapter do not apply to commercial or industrial subdivisions or to 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. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 4-96 § 13; Ord. 1-91 § 1 (8-7.2))
9.28.040 Amount of land to be dedicated.
It is found and determined that the public interest, convenience, health, safety and welfare require that five (5) acres of property for each one thousand (1,000) persons residing within the city be devoted to local park and recreational purposes. The amount of land to be dedicated, or fees to be paid, shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the subdivision. The amount of land to be dedicated shall be the amount calculated from the following formula:
LAND = A × B
A. “A” means the park and recreation area required per dwelling unit, based on the type of dwelling units of the proposed subdivision and the park area per one thousand (1,000) people of the city.
1. The park area of the city is determined to be five (5) acres per one thousand (1,000) people, or five-one-thousandths (0.005) acre per person, which is further broken down to two and four-tenths (2.4) acres per one thousand (1,000) people for active community parks, nine-tenths (0.9) acre per one thousand (1,000) people for natural community parks, and one and seven-tenths (1.7) acres per one thousand (1,000) people for neighborhood parks.
2. The park and recreation area required per dwelling unit, “A,” is established as follows: Each residential dwelling unit is assigned two and seven-tenths (2.7) people.
B. “B” means the number of dwelling units in the proposed subdivision. For the purpose of this section, the number of dwelling units in the proposed subdivision shall be determined as follows: For single-family and townhome subdivisions, the number of dwelling units shall equal the number of lots or parcels created for residential use as indicated on the final map or parcel map. When the subdivision is for other multifamily or senior housing, the number of dwelling units shall equal the maximum number of residential units allowed within the proposed subdivision. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on the final map or parcel map. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved planned development plan. (Ord. 5-23 § 1; Ord. 8-17 § 1: Ord. 4-16 § 1 (Exh. A) (part): Ord. 8-15 § 2: Ord. 6-96 § 1: Ord. 1-91 § 1 (8-7.3))
9.28.050 Calculation of in-lieu fees.
Where fees are required by the city to be paid in lieu of land dedication, such fees shall be equal to the fee for “active community parks land,” “natural community parks land,” and “neighborhood parks land” of the city’s public facilities fee. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 8-15 § 3: Ord. 6-96 § 2: Ord. 5-96 § 1 (part); Ord. 1-91 § 1 (8-7.4))
9.28.060 Credits.
A. If the subdivider provides park and recreational improvements to the dedicated land as authorized by the advisory agency, the value of improvements may be a credit against fees or land dedication otherwise required by this chapter.
B. As may be determined by the advisory agency, common interest developments, as defined in Section 1351 of the Civil Code, shall be eligible to receive a credit for the value of private open space and recreational facilities in the subdivision not to exceed twenty-five percent (25%) of fees or land dedication otherwise required by this chapter; provided, that:
1. Private open space and recreational facilities are at least one-half (1/2) acre in area with their smallest dimension being at least one hundred (100) feet clear excluding yards and setbacks normally required by zoning provisions;
2. Private open space and recreational facilities are owned and maintained by a homeowner’s association, are available to all residents of the subdivision without restriction, and are designated for park and recreational purposes by recorded covenants which run with the land, and cannot be defeated or eliminated without consent of the City Council;
3. Private open space and recreational facilities are suitable for active park and recreation purposes taking into consideration such factors as shape, topography, access, and improvements proposed; and
4. The private open space and recreational facilities are in accord with the principles and standards for local parks contained in the parks and open space element of the city’s general plan and the parks and recreation master plan. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 6-96 §§ 3, 4, 5; Ord. 1-91 § 1 (8-7.5))
9.28.070 Procedures.
A. Prior to approval of the tentative map for the subdivision, the advisory agency shall consider the report and recommendation from the Parks and Community Services Commission or Parks and Community Services Director, as the case may be, regarding the following:
1. The amount of land required; or
2. That a fee be charged in lieu of land and the amount of such fee; or
3. That a combination of land and fee be required; and the amount of such land and fee; and/or the amount of credit granted pursuant to Section 9.28.060, if any; and
4. The location of the park land and, where appropriate, the siting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees.
B. At the time of approval of the tentative map for the subdivision, the advisory agency shall determine whether land, in-lieu fees, or a combination of land and fees, shall be dedicated and/or paid by the subdivider.
C. The advisory agency may approve, modify or disapprove the recommendation of the Parks and Community Services Commission or Parks and Community Services Director; provided, however, any modification of the recommendation not previously considered shall first be referred back to the Parks and Community Services Commission or Recreation Director for further report and recommendation. The Parks and Community Services Director shall report back to the advisory agency within thirty (30) days. After the receipt and consideration of the report, or after thirty (30) days have passed in the event no report is received, the advisory agency may take action on the modification. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-7.6))
9.28.080 Off-site dedication.
Dedication of land outside of the subdivision may be authorized by the city in consultation with the Public Works Department or Parks and Community Services Department by action on the tentative tract map or tentative parcel map and be credited toward the developer’s park land dedication requirement under this chapter. (Ord. 4-16 § 1 (Exh. A) (part): Ord. 1-91 § 1 (8-7.7))