Chapter 17.32
DEDICATIONS

Sections:

17.32.010    Required when—Procedures.

17.32.020    Dedication of improvements—Scope.

17.32.030    Park and recreation land dedications or in-lieu fees.

17.32.040    Park and recreation land dedications or in-lieu fees—Exemptions.

17.32.010 Required when—Procedures.

A. The subdivider shall dedicate or offer to dedicate to the City or other appropriate public agency any and all rights-of-way and easements necessary for the design, construction, maintenance and operation of all public improvements required or permitted under this title or by specific conditions of the subdivision approval. Such dedications or offers shall be made upon the final map or, in the case of a parcel map, on the parcel map or by separate instrument, at the option of the City Engineer. All easements and rights-of-way shall be of a width specified in this title or the conditions of approval, and shall be of sufficient size to meet the requirements of the purpose for which they are dedicated.

B. Required dedications shall include, but not limited to:

1. Easements for public utility, sanitary sewer and drainage purposes, and for the overhead pole lines and anchors;

2. Improved planting strips;

3. Improved service roads and/or improved parking areas;

4. Installed street-name signs and traffic-control signal system, signs and markings;

5. Rights-of-way for public streets and alleys;

6. Rights-of-way for storm drainage;

7. Bicycle paths required or shown on the tentative map or tentative parcel map;

8. Transit facilities required or shown on the tentative map or the tentative parcel map;

9. Dedication of access rights.

C. In the case of dedications and offers of dedication that are made by certificate on a parcel map, the City Engineer may accept or reject such dedications or offers of dedication. (Ord. 879 § 1 Ex. A (part), 1981)

17.32.020 Dedication of improvements—Scope.

Whenever any dedication for public improvements is required by this title, dedication shall include not only such right-of- way and easement as is required for the improvements, but also any such improvements constructed, installed or erected by the subdivider. (Ord. 879 § 1 Ex. A (part), 1981)

17.32.030 Park and recreation land dedications or in-lieu fees.

A. This section is enacted pursuant to the authority granted by Section 66477 et seq. of the Government Code of the state.

B. The park and recreation facilities for which dedication of land and/or payment of a fee is required by this title are in accordance with the recreational element of the adopted General Plan, as contained in the land use, open space and conservation elements of the General Plan.

C. As a condition of approval of any final subdivision 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 according to the following standards:

1. Dedication of Sites. Where a park or recreational facility has been designated in the General Plan, and the park or facility is to be located in whole or in part within a proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall be required to dedicate land for park and recreational facilities sufficient in size to serve the residents of the subdivision area. The park land to be so dedicated shall conform to locations and standards set forth in the General Plan of the City. The slope, topography and geology of the site, as well as its surroundings, must be suitable for the intended park or recreation purpose. The amount of land to be provided shall be determined pursuant to the standards set forth in the land and fee requirements provisions of this section establishing the formula for land dedication or for payment of fees in lieu thereof.

2. Fees in Lieu of Land Dedication. If there is no park or recreational facility designated or required in whole or in part within a proposed subdivision, and the proposed subdivision is within a one-half- mile radius of a neighborhood park or recreational facility, proposed neighborhood park or proposed recreational facility, designated in the plan, the subdivider shall be required to pay a cash payment in lieu of the land equal to the value of the land as determined in this section.

3. A fee in lieu of land dedication hereunder shall be required, unless otherwise exempted by Section 17.32.040 of this chapter, when:

a. A subdivider is subdividing land on which no park is shown or proposed; or

b. When dedication is impossible, impractical or undesirable; or

c. When the proposed subdivision contains fifty parcels of land or fewer.

4. Dedication and Fees Required. In certain subdivisions in excess of fifty parcels of land, a combination of land dedication and fee payment may be required. These shall be subdivisions in which:

a. Only a portion of the land to be subdivided is proposed in the General Plan as the location for a park or recreational facility, in which case that land, or a portion thereof within the subdivision, shall be dedicated for park purposes, and a fee shall then be required in lieu of any additional land that would have been required to be dedicated under this title; or

b. A major part of the park or recreational site falling within the subdivision has already been acquired, and only a small portion of land is needed from the subdivider to complete the park or recreational site, in which case the land needed shall be required for dedication, and a fee shall then be required in lieu of the additional land that would have been required to be dedicated under this title.

5. Use of and Basis for In-Lieu Fees. The money collected pursuant to this title is to be used only for the purpose of providing park or recreational facilities

 

Table 17.32.030 PARK AND RECREATION LAND REQUIREMENTS

Dwelling Type

Dwelling Units Per Acre

Density of Persons per Dwelling Unit

Acreage Requirement per Dwelling Unit Within Subdivision

Single-family

1 — 4

3.1

.00775

Medium density

4.1 + 15

1.9

.00475

High density

15.1 — 30

1.9

.00475

Higher density

30.1 +

1.9

.00475

to serve the subdivision from which fees are collected. Fees so collected shall be used to purchase land, buy equipment or construct improvements in neighborhood parks and recreational facilities serving such subdivision. The fee so required shall be based on the fair market value of the land that otherwise would have been required for dedication.

6. Land and Fee Requirements.

a. In accordance with the recreation element of the General Plan, it is found and determined that the public interest, convenience, health, welfare and safety require that four acres of property for each one thousand persons residing within the City. The requirement will be partially satisfied by cooperative arrangements between the City and local School Districts to make available one and one-half acres of property for each one thousand persons and the remainder of two and one-half acres per one thousand persons shall be supplied by the requirement of this title.

b. In calculating dedication and in-lieu fee payment requirements under this title, the following table, derived from density assumptions of the General Plan, shall apply. (See Table 17.32.030, below.)

7. Procedure. The Planning Commission or City Council, as appropriate, shall, upon approving a tentative or tentative parcel map, determine the conditions necessary to comply with the requirements for park land dedication or fees in lieu thereof as set forth in this title, and such conditions shall be attached as conditions of approval of the map.

8. Calculation of Fair Market Value. At the time of filing of the final map for approval, the Director of Planning shall, in those cases where a fee in lieu of dedication is required either in whole or in part, determine the fair market value of the land in the proposed subdivision, and this determination shall be used in calculating the fee to be paid. If the subdivider objects to the determination, he may, at his own expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the City, which appraisal may be accepted by the City Council if found reasonable. Alternatively, the City and the subdivider may agree as to the fair market value.

9. Calculation of Requirement.

a. Calculations shall be made using the following formulas and shall be submitted in a form capable of being checked.

Formula in calculating land required:

A x B = L.

Formula in calculating in-lieu fees required:

A x B x C = F.

Where:

A =

The acreage required per dwelling unit within the proposed subdivision for park and recreational facilities from this title.

 

B =

The number of dwelling units in the proposed subdivision.

 

C =

The fair market value per acre of land in the proposed subdivision.

 

F =

Fee required to be paid under this title.

 

L =

Land required to be dedicated under this title.

b. The "in-lieu" fee required to be paid under this title for multifamily residential subdivisions shall not exceed, on an average per-dwelling-unit basis, more than fifty percent of the highest in-lieu fee, on an average per-dwelling-unit basis, collected by the City for a single-family residential subdivision since March 1, 1976.

10. Commencement of Development. At the time of approval of the final map, the City shall specify when development of the park and/or recreational facilities shall begin.

11. 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, such areas may be credited against the requirement of dedication for park and recreation purposes or the payment of fees in-lieu thereof, provided that the City Council finds it is in the public interest to do so and that the following standards are met:

a. Yards, court area, 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; and

b. Private ownership and maintenance of the open space is adequately provided for by written agreement; and

c. Use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which can not be defeated or eliminated without the consent of the City Council; and

d. 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 of the private open space land; and

e. Facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the General Plan and are approved by the City Council. (Ord. 1173 § 1 (part), 1995; Ord. 879 § 1 Ex. A (part), 1981)

17.32.040 Park and recreation land dedications or in-lieu fees—Exemptions.

The contribution of land for park or recreational purposes or an in-lieu fee shall not be required for the following subdivisions:

A. Commercial, retail, office and industrial subdivisions and uses with no residential development or uses. In-lieu fees shall be required where a residential dwelling unit is constructed in conjunction with commercial or industrial subdivisions;

B. Condominium projects and stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old and when no new dwelling units are added;

C. Reconstruction, rehabilitation, remodel or replacement of a residential structure, provided the replacement structure is the same type of unit, does not create additional residential units, and is substantially the same size as the structure it replaces;

D. Subdivisions or development for which park dedication requirements have previously been met and evidence acceptable to the city is submitted. However, subsequent division of such parcels may require dedications and/or in-lieu fees set forth in this chapter. (Ord. 1173 § 1 (part), 1995)