§ 9-4.1006 CRITERIA FOR REQUIRING BOTH THE DEDICATION OF LAND AND THE PAYMENT OF FEES.

   (A)   When only a portion of the land to be subdivided is proposed in the Park and Recreation Element of the General Plan as the site for a park, such portion shall be dedicated for park purposes. The value of such dedication shall be a credit against the fees required for any additional land which would have been required to be dedicated pursuant to § 9-4.1004 of this article.

   (B)   When a major part of the 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 the value of such dedication shall be a credit against the fees which otherwise would have been required to be paid. Fees collected shall be used for the improvement of the existing park and recreational facility or for the improvement of other parks and recreational facilities serving the subdivision.

('66 Code, § 9-4.1006) (Ord. 561-C-S, passed 1-19-84)

§ 9-4.1007 AMOUNT OF FEES IN LIEU OF LAND DEDICATIONS.

   The Council finds that the average land value for improved residential land is $100,000 per acre. Therefore, the amount of fees required to be paid in lieu of land dedication shall be the following amounts:

 

Type of Unit	Fee Per Dwelling Unit
Single-family, detached	$1,500
Single-family, attached	$1,100
Duplexes	$950
Multi-family	$950
Mobile home	$950
Senior housing	$750

 

(Ord. 2154-C-S, passed 9-25-18)

§ 9-4.1008 DETERMINATIONS OF THE DEDICATION OF LAND OR THE PAYMENT OF FEES.

   Whether the city accepts the dedication of land or elects to require the payment of a fee in lieu thereof, or a combination of both, shall be determined by the consideration of the following:

   (A)   The Environmental Resource and Land Use Elements of the General Plan;

   (B)   Any adopted Specific Plan for the area;

   (C)   The topography, geology, access, and location of land in the subdivision available for dedication;

   (D)   The size and shape of the subdivision and the land available for dedication;

   (E)   The feasibility of dedication;

   (F)   The compatibility of dedication with the General Plan and Specific Plan, if any; and

   (G)   The availability of previously acquired park property. The determination of the city as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

('66 Code, § 9-4.1008) (Ord. 561-C-S, passed 1-19-84)

§ 9-4.1009 CREDIT FOR IMPROVEMENTS.

   If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements, together with any equipment located thereon, shall be a credit against the payment of fees or dedication of land required by this article.

('66 Code, § 9-4.1009) (Ord. 561-C-S, passed 1-19-84)

§ 9-4.1010 CREDIT FOR PRIVATE RECREATION IMPROVEMENTS.

   (A)   Planned developments and real estate developments, as defined in Cal. Bus. and Prof. Code § 11003, respectively, shall be eligible to receive a credit, as determined in this section, against the amount of land required to be dedicated, or the amount of the fee imposed, for the value of private open space within the development which is usable for active recreational uses.

   (B)   Park and recreational uses shall include land and facilities for the activity of recreational community gardening, which activity consists of the cultivation by persons other than, or in addition to, the owner of such land, of plant materials not for sale.

   (C)   Credit shall be computed on an acre-for-acre basis. A minimum of two acres of contiguous private open space or private recreational facilities shall be provided before any credit shall be given. A maximum credit of six and three-fourths acres shall be allowable for such private open space or private recreational facilities.

   (D)   To be eligible for credit for private recreation improvements, the following standards shall be met:

      (1)   That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building laws and regulations shall not be included in the computation of such private open space;

      (2)   That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions;

      (3)   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 the property and which cannot be defeated or eliminated without the consent of the city or its successor;

      (4)   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;

      (5)   That the facilities proposed for open space are in substantial accordance with the provisions of the Park and Recreation Element of the General Plan of the city; and

      (6)   That the open space for which credit is given is a minimum of two acres and provides a minimum of four of the following Local Park Basic Elements or a combination of such and other recreational improvements which will meet the specific recreation park needs of the future residents of the area. The following table represents the minimum acreage required before credit will be given for a particular element and the maximum credit which will be allowed for each element, though the element may encompass a larger area:

Criteria List	Acres
	Minimum	Maximum
Children's play apparatus areas	.50	.75
Family picnic areas	.25	.75
Landscape park-like and quiet areas	.50	1.00
Game court areas	.25	.50
Turf playfields	1.00	3.00
Swimming pools with adjacent deck and lawn areas	.25	.50
Recreation center buildings	.15	.25

   (E)   In smaller developments where less than two acres of contiguous private open space or recreational facilities are provided, credit shall be granted on an acre-for-acre basis for the space or facilities so provided.

   (F)   Before credit is given, the Parks and Recreation Commission shall make written findings that the standards set forth in this section are met and shall report the same to the Planning Commission which shall in turn recommend to the Council.

('66 Code, § 9-4.1010) (Ord. 561-C-S, passed 1-19-84)

§ 9-4.1011 PROCEDURE.

   (A)   At the time of the review of the tentative subdivision map, the Parks and Recreation Commission shall determine, after a report and recommendation from the City Engineer/Director of Public Works pursuant to the provisions of § 9-4.1008 of this article, the land to be dedicated and/or the fees to be paid by the subdivider. The recommendation by the City Engineer/Director of Public Works and the action of the Parks and Recreation Commission shall be forwarded to the Planning Commission and shall include the following:

      (1)   The amount of land required; or

      (2)   That a fee be charged in lieu of land; or

      (3)   That land and a fee be required; and/or

      (4)   That a stated amount of credit be given for private recreation facilities or unique natural and special features and the like;

      (5)   The location of the park land to be dedicated or the use of the in-lieu fees; and

      (6)   The approximate time when the development of the park and recreation facility shall commence.

   (B)   Such action shall be reviewed by the Planning Commission for recommendation to the Council, which shall then make the final deter-mination. In making its determination, the Council shall be guided by the same standards set forth in this article where applicable.

   (C)   At the time of the filing of the final subdivision map, the subdivider shall dedicate the land and/or pay the fees as previously determined by the city.

   (D)   Open space covenants for private park or recreational facilities shall be submitted to the city prior to the approval of the final subdivision map and shall be recorded.

('66 Code, § 9-4.1011) (Ord. 561-C-S, passed 1-19-84)

§ 9-4.1012 SCHEDULE OF DEVELOPMENT AND COMMITMENT OF FUNDS.

   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. Any fees collected under this article 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, whichever occurs later. If such fees are not 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.

('66 Code, § 9-4.1012) (Ord. 561-C-S, passed 1-19-84)