A. Parkland dedication or payment of fee.
1. The public interest, convenience, health, welfare, and safety require that three (3) acres of property for each one thousand (1,000) persons residing within this City be devoted to neighborhood and community serving parks.
2. The amount of land to be dedicated for neighborhood and community park or recreation facilities or fees to be paid in lieu thereof shall be based on the residential density of the proposed development, which shall be determined on the basis of the number of residential dwelling units to be constructed and the density factor, as set forth in Subsection A.3., so as to provide three (3) acres of park area for one thousand (1,000) residents, exclusive of and in addition to those school properties used cooperatively for recreational purposes.
3. As used herein, the term “density factor” means the average number of persons per household for the type of dwelling unit proposed to be constructed, based on the most recent available federal census, or census taken pursuant to Cal. Gov't Code §§ 40200 et seq., according to the following:
a. Single-family detached dwelling unit: Two and seventy-five hundredths (2.75) persons per dwelling unit;
b. Single-family attached dwelling unit: Two and forty-four hundredths (2.44) persons per dwelling unit;
c. Multi-family residential developed with four (4) or fewer units: Two and thirty-one hundredths (2.31) persons per dwelling unit;
d. Multi-family residential developed with more than five (5) units: Two (2.00) persons per dwelling unit; and
e. Mobile homes: One and seventy-eight hundredths (1.78) persons per dwelling unit.
4. Where the development contains more than one (1) type of dwelling unit, the density factor for the number of each type of dwelling unit shall be calculated separately, and the totals thereof shall be combined, to determine the total amount of land dedicated or fees to be paid in lieu thereof.
5. If, at the time the tentative map is presented to the City for approval or conditional approval, the proposed subdivision is presented without a specific development proposal, such as an application for site plan review, specific plan, conditional use permit, variance, planned development or similar application, the parkland dedication or in lieu fee payment shall be established in accordance with the presumed residential density as set forth in Subsection B.
6. If, at a time subsequent to the recordation of a final map, there is an increase in the number of units to be built or a change in the type of dwelling unit which results in an increase in residential density, the subdivider shall be required to dedicate additional parkland or pay additional fees in lieu thereof in accordance with the density factor in effect at the time the additional units or change in type of dwelling unit is approved.
7. When a fee is to be paid in lieu of or in addition to parkland dedication, the amount of such fee shall be the fair market value, as determined in Subsection C., per acre of the land within the proposed subdivision multiplied by the number of acres required to be dedicated pursuant to this Section.
('65 Code, § 31-115)
B. Determination of parkland dedication or payment of fee in absence of a development proposal.
1. If, at the time the tentative map is presented to the City for approval or conditional approval, the proposed subdivision is presented without a specific development proposal, the amount of land dedicated or fees to be paid in lieu thereof shall be determined on the following basis:
a. The total number of residential dwelling units to be constructed shall be the maximum number of such units permitted by the City's General Plan, any applicable specific plan, or existing zoning, whichever is greater, on the land included within the proposed subdivision.
b. The type of dwelling unit which yields the highest density factor shall be used to determine the residential density of the proposed subdivision.
2. Nothing in this Section shall constitute an approval for construction of the maximum number or type of residential dwelling units in the absence of an approved site plan review for the proposed development.
('65 Code, § 31-115A.)
C. Determination of fair market value.
1. The fair market value of the subdivision shall be determined by the City based on a written appraisal report provided by the subdivider and prepared and signed by an appraiser acceptable to the City. The appraisal shall be paid for by the subdivider.
2. The date of the appraisal shall be no more than six (6) months prior to the payment of the fee. If more than six (6) months elapses from the date of the appraisal to the time of payment of the fee, the City may require preparation of an updated appraisal. The subdivider shall pay for the cost of any such updated appraisal.
3. For the purposes of this Section, fair market value shall be determined based on the assumption that the tentative map or tentative parcel map is approved and in accordance with acceptable standards of the real estate appraisal profession.
4. The determination of fair market value by the City shall be final and conclusive.
('65 Code, § 31-115B.)
(Ord. No. CS-622 § 1 (part); Ord. No. CS-725 § 1; Ord. No. CS-773 § 1; Ord. No. CS-786 § 2; Ord. No. 90-002 §§ 4 - 6)
Cross-reference: