The requirement for dedication of land for park facilities incident to and as a condition of the approval of a tentative subdivision map or tentative parcel map for certain subdivisions.
A. Dedication of Land for Park Facilities. This chapter is adopted to implement the provisions of the Quimby Act (Government Code Section 66477) which authorize a city to require the dedication of land for park facilities for certain subdivisions.
B. Park Land Dedication Required. The dedication of land for park facilities shall be required by the advisory agency if:
1. The subdivision includes property which is designated as a park site on the city general plan, adopted Development Impact Fee Program, an applicable specific plan or a master plan adopted by the Chico area recreation and park district and approved by the city council.
2. Where dedication of land meeting the requirements of a parkland facility per the adopted Development Impact Fee Program is subject to receiving reimbursement at the identified values in such program.
3. The amount of land required to be dedicated to the city for park facilities incident to and as a condition of the approval of a tentative subdivision map or tentative parcel map for a subdivision shall be consistent with the standards and policies for park facilities adopted in the city general plan, an applicable specific plan, or a master plan adopted by the Chico area recreation and park district and approved by the city council; and established on a net acreage basis.
4. Except as otherwise provided by this chapter, the maximum number of acres or fraction of an acre of land required to be dedicated to the city for park facilities shall not exceed the product of the following:
a) The maximum number of dwelling units permitted within the subdivision as determined from the zoning regulations applicable to the subdivision; multiplied by;
b) The average number of residents per dwelling unit within the incorporated territory of the city, as determined by the most recent federal census or a census taken pursuant to the provisions of Title 4, Division 3, Part 2, of the California Government Code (commencing with Section 40200); multiplied by;
c) Five thousandths of an acre (.005 acre) per person.
5. Where a tentative subdivision map or a tentative parcel map is approved for a condominium project, a planned development, or a real estate development which includes private open space set aside either for active or passive recreational purposes, then the maximum number of acres or fraction of an acre required to be dedicated to the city for park facilities shall be reduced by an amount equal to twenty-five percent of the number of acres or fraction of an acre of such private open space set aside for active or passive recreational purposes.
C. Private Open Space Defined. For purposes of this section, private open space set aside for active recreational purposes shall include any private open space within the subdivision other than yards, court areas, setbacks, and other open areas required by zoning regulations, building regulations, and other regulations of the city which meets all of the following requirements:
1. The private open space is open to and accessible by all residents of the subdivision.
2. The private open space includes one or more of the following active recreational elements:
a) Open spaces dedicated to active recreational pursuits such as soccer, golf, baseball, softball and football;
b) Tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced areas especially designed and exclusively used for court games;
c) Recreational swimming pools or other swimming areas; and
d) Buildings and other facilities designed and primarily used for the specific recreational needs of the residents of the subdivision.
3. Use of the private open space is restricted for active recreational purposes by a recorded covenant which runs with the land and which can be terminated only with the prior consent of the city council.
4. For purposes of this section, private open space set aside for passive recreational purposes shall include any private open space within the subdivision other than yards, court areas, setbacks, and other open areas required by zoning regulations, building regulations and other regulations of the city which meets all of the following requirements:
a) The private open space is open to and accessible by all residents of the subdivision.
b) The private open space includes one or more of the following passive recreational elements:
i. Landscaped areas, picnic areas, and gardens;
ii. Areas set aside as natural habitats for the preservation of rare, endangered or otherwise significant natural vegetation;
iii. Lakes, ponds, creeks, streams and other similar water impoundments and water courses; and
iv. Bike and pedestrian paths other than bike and pedestrian paths which would normally be constructed and installed as part of the main traffic and circulation system of the subdivision.
c) Use of the private open space is restricted for passive recreational purposes by a recorded covenant which runs with the land, and which can be terminated only with the prior consent of the city council.
5. Where an application is filed for approval of a tentative subdivision map or a tentative parcel map for a subdivision which contains less than fifty-one lots or parcels, such subdivision, shall be deemed to contain fifty-one or more lots or parcels for purposes of land dedication requirements provided for by this chapter where the advisory agency, based on all available evidence including but not limited to the kind of development that would be permitted within the subdivision pursuant to the general plan or any applicable specific plan, determines that one or more lots within the subdivision are likely to be further subdivided in a manner which will create a total of fifty-one or more lots or parcels within the entire subdivision. Moreover, where a subdivision contains lots and parcels likely to be further subdivided, the advisory agency shall determine the maximum number of acres and/or fraction of an acre to be dedicated to the city for park facilities in the manner provided by this chapter based on the maximum number of dwelling units which would be permitted within the subdivision pursuant to the provisions of the general plan or any relevant specific plan rather than on the zoning regulations applicable to the subdivisions.
6. When the advisory agency has required the dedication of land for park facilities the advisory agency, as a further condition of such approval, may require the construction and installation of the following public improvements within the dedicated parkland and adjoining public rights-of-way:
a) Storm drainage facilities necessary for the conveyance and disposal of stormwaters generated within or flowing through the dedicated parkland;
b) Fencing necessary in order to provide an appropriate barrier between the dedicated parkland and adjoining properties;
c) Street improvements within the adjoining public rights-of-way including, but not limited to, street paving, sidewalks, curbs, gutters, street trees and traffic control devices; and
d) Any other public improvements which the advisory agency determines are necessary in order to make the dedicated parkland suitable for development as a park facility.
7. Where parkland has been dedicated to and accepted by the city in accordance with the conditions of approval of a tentative subdivision map or tentative parcel map for a subdivision, such parkland shall be used only for the purpose of developing neighborhood or community park and recreational facilities, except in cases where the circumstances in subsection C.9., below, applies.
8. Where parkland has been dedicated to and accepted by the city in accordance with the conditions of approval of a tentative subdivision map or tentative parcel map for a subdivision, the council, following the adoption of a parkland development schedule or memorandum of understanding with the Chico area recreation district, may lease or transfer such parkland to the Chico area recreation and park district if the council has determined that leasing or transferring the parkland to the Chico area recreation and park district will serve the best interest of the city and the inhabitants of the subdivision for which the parkland dedication was made, and if the Chico area recreation and park district, in such lease or by a separate agreement executed on or before the date such conveyance is made, has undertaken to develop, operate and maintain the parkland in accordance with such parkland development schedule or memorandum of understanding with the city.
9. If, following the city's acceptance of parkland dedicated to it in accordance with the conditions of approval of any tentative subdivision map or tentative parcel map for a subdivision, the city council determines that there is another site available that would more suitably serve the park and recreational needs of future inhabitants of such subdivision, or that there is another site available that could be developed, operated, and maintained in a manner which meets the needs of the future inhabitants of the subdivision for park facilities for a significantly lesser cost, then the city council may either sell the dedicated land and use the proceeds from such sale to acquire and develop such other site for park and recreational purposes, or may exchange the dedicated land for such other site.
10. Where parkland has been dedicated to and accepted by the city, and/or improved with park facilities, in accordance with the conditions of approval of any tentative subdivision map or tentative parcel map for a subdivision, the owner of any residential lot or parcel within such subdivision shall, at the time of applying for a permit authorizing the construction or installation of a building or structure on such lot or parcel, be entitled to a credit against any park facility fee now or hereafter assessed and levied by or pursuant to the provisions of Title 3 of this code at the time of the issuance of such permit in the amount provided for.
11. Notwithstanding any provisions of this chapter to the contrary, the advisory agency, may require the dedication of park and recreation facilities at any location and in any amount which the advisory agency determines is necessary in order to substantially mitigate an adverse environmental effect identified in an environmental impact report provided in connection with the approval of such tentative subdivision map or tentative parcel map.
(Ord. 2591 (part))