Chapter 16.08
PARK AND RECREATION DEDICATIONS AND FEES
Sections:
16.08.020 Standards and formula for dedication of land.
16.08.030 Formula for fees in lieu of land dedication.
16.08.050 Subdivisions not within the general plan.
16.08.060 Determination of payment of fee or dedication of land.
16.08.070 Time schedule for use of land/fees.
16.08.100 Access requirements.
16.08.110 Sale of dedicated land.
16.08.010 Purpose and intent.
A. 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 recreation and cultural resources element of the general plan of the city.
B. The city council finds and determines that new residential subdivisions need improved public parks. Thus, subdivisions have a responsibility to provide both land for parks and the improvement of that land for park and recreational use. Hence, as authorized by Government Code 66477, the city council finds that subdivisions may be required to dedicate land, pay fees, or both, for park and recreational purposes. (Ord. 93-09 (part))
16.08.020 Standards and formula for dedication of land.
Where a recreational or park facility has been designated in the general plan, specific plan or master 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 recreation or park facility 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; where the city requires the dedication of land, the subdivider or owner shall dedicate the land for local recreational or park facilities according to the formula D X F = A in which:
D = the number of dwelling units
F = “factor” herein described
A = the amount of land, in acres, to be dedicated
The assumed average number of persons per household according to the 1990 Census for the city is 3.0, and shall be revised upon receipt of subsequent centennial Census Reports. Applying the 1990 Census average number of persons per household, a factor of .015, which when multiplied by the number of dwelling units permitted in the subject area, will produce five acres per thousand population. A verbal description of the formula is as follows:
Number of dwelling units X 5 acres per 1,000
population
X persons per dwelling
=
the amount of land, in acres, to be dedicated.
Thus,
Number of dwelling units X .015 = the amount of land, in acres, to be dedicated.
Unless the subdivider enters into an agreement with the city for a lower population per household, the number of dwelling units shall be calculated as follows:
When the tentative map is submitted, density shall be calculated according to the population per household described in the current centennial Census Report for the city.
If it appears that the actual population per household which will result from the project, is reasonably certain for the foreseeable future, and is less than the assumed population per household per the current centennial Census Report, then the calculations shall be based upon such actual population per household. In the event that the calculation is based upon actual population per household, a note shall be placed on the final map or parcel map that, prior to the issuance of a building permit for all or any part of the subject property at a higher population per household than was used for the calculations pursuant to this chapter, the building permit applicant shall pay the difference between the fee paid pursuant to this chapter (or the fee which would have been paid had no land been dedicated pursuant to the chapter) and that which would have been required had the calculations been based upon the density proposed in the building permit application. The applicant shall hold the burden of proof justifying a lower population per household. (Ord. 93-09 (part))
16.08.030 Formula for fees in lieu of land dedication.
A. If there is no park or recreational facility designated in the city’s general plan or any existing parks and recreation plan, to be located in whole or in part within the proposed subdivision to serve the needs of the residents of the subdivision, and/or where the city council requires the payment of in lieu fees, the project proponent shall, in lieu of dedication of land, pay a fee equal to the amount as set by resolution of the city council.
B. If the proposed subdivision contains fifty (50) parcels or less, the subdivider shall pay a fee in the amount adopted by resolution of the city council in lieu of dedication of land. Nevertheless, when a condominium project, stock cooperative, or community apartment project exceeds fifty (50) dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty (50).
C. Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section. However 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 parcels within four years the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of a building permit. (Editorially amended during 2003 codification; Ord. 93-09 (part))
16.08.040 Use of fees.
Fees collected pursuant to this chapter shall be used only for the purpose of developing new or rehabilitating existing park or recreational facilities as provided in Section 66477 of the Government Code. (Ord. 93-09 (part))
16.08.050 Subdivisions not within the general plan.
Where the proposed subdivision lies within an area not then but to be included within the city’s general plan, the subdivider shall dedicate park land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the city’s general plan and in accordance with the provisions of this chapter. (Ord. 93-09 (part))
16.08.060 Determination of payment of fee or dedication of land.
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. Compatibility with an existing recreation and parks plan and the city 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. Feasibility of dedication;
E. 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. 93-09 (part))
16.08.070 Time schedule for use of land/fees.
Any fee collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, or units created by the project, whichever occurs later. “Committed” shall be interpreted to include assigned to use for future activities as scheduled by the city council in a capital improvement program. If such fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same amount established by city council resolution. (Editorially amended during 2003 codification; Ord. 93-09 (part))
16.08.080 Credits.
If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment thereon shall be a credit against the payment of fees or dedication of land otherwise required.
Golf course development and creek setbacks shall not be counted toward meeting the park dedication or in lieu of fee requirements. (Ord. 93-09 (part))
16.08.090 Procedure.
A. At the time of its hearing on the tentative subdivision map or tentative parcel map, the planning commission shall recommend, after reviewing the report and recommendation from the community development director or designee, that land be dedicated or fees be paid, or both, by the subdivider for park or recreational purposes as a condition of approval of the subdivision map or parcel map. The recommendation by the community development director or designee shall include the following where applicable:
1. The amount of land required to be dedicated;
2. That a fee be charged in lieu of dedication;
3. That both dedication and a fee be required;
4. The location of the park land to be dedicated;
5. The approximate time when development of the park or recreation facility shall commence.
B. At the time of city council consideration of the subdivision improvement agreement for subdivisions of more than five parcels, the city council shall determine the amount of land to be dedicated under this chapter, whether an in-lieu fee is required, whether or not a fee credit shall be granted, and the location of the park land to be dedicated, if any. In making its determination, the city council shall be guided by the standards contained in this chapter where applicable. (Ord. 93-09 (part))
16.08.100 Access requirements.
All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the planning commission if the planning commission determines that public street access is unnecessary for the maintenance of the park area or use thereof by the residents. (Ord. 93-09 (part))
16.08.110 Sale of dedicated land.
If during the ensuing times between dedication of land for park purposes and the commencement of first stage of actual construction of a park, 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 gift or park land, or change in school location), by mutual agreement of the subdivider or owner and the city council with the resultant funds being used for the purchase of a more suitable site. (Ord. 93-09 (part))