(A) Authority; agreement with general plan. This division is enacted pursuant to the authority granted by the subdivision map act of the state. The part and recreational facilities for which dedication of land and/or payment of a fee is required by this subchapter agree in accordance with the recreational element of the general plan of the city, adopted by the city on September 20, 1977, and any amendments thereto.
(B) Requirements. If required as a condition of approval of a final subdivision map or parcel 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 at the time and according to the standards and formula contained in this subchapter.
(C) General standard. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that five acres of property for each 1,000 persons residing within the city be devoted to local park and recreational purposes.
(D) Standards and formula for dedication of land. Where a park or recreational facility has been designated in an element of the general plan of the city, 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, if required shall dedicate land for a local park 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:
Acreage = (Avg. No. Pers./Unit x (Units) x (5 Acres)
1000 Pers.
(E) Formula for fees in lieu of land dedication.
(1) General formula. If there is no park or recreational facility designated in the city's general plan 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, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in division (D) of this section and in an amount determined in accordance with the provisions of division (F) of this section, such fee to be paid for a local park which will serve the residents of the area being subdivided.
(2) Use of money. The money collected hereunder shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the Park and Recreation Commission deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes.
(F) Amount of fee in lieu of park land dedication.
(1) When a fee is required to be paid in lieu of park land dedication, the amount of such fee shall be based upon the average estimated fair market value of the land being subdivided.
(2) The fair market value shall be as determined by a qualified real estate appraiser mutually agreed upon by the city and the subdivider, which appraisal will be considered by the city in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider.
(3) The amount of fee to be paid in lieu of park land dedication shall be the value of the land which would otherwise be required to be dedicated pursuant to division (D) of this section.
(G) Subdivisions not within general plan. When the proposed subdivision lies within an area not then within, but to be included within, the city's general plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreation principles and standards of the city's general plan and in accordance with the provisions of this subchapter.
(H) Determination of land or fee. 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:
(1) Recreational element of the city's general plan;
(2) Topography, geology, access and location of the land in the subdivision available for dedication;
(3) Size and shape of the subdivision of land available for dedication;
(4) Feasibility of dedication; and,
(5) Availability of previously acquired park property.
(I) Procedure.
(1) At the time of approval of the tentative subdivision map, the Recreation and Parks, Recreation, and Open Space Commission shall determine, after a report and recommendation from the Parks and Recreation Staff, pursuant to division (H) of this section whether land is to be dedicated or in lieu fees are to be paid by the subdivider or any combination of land and fees.
(2) The recommendation by the Parks and Recreation Staff and the action of the Parks, Recreation, and Open Space Commission shall include the following:
(a) The amount of land required;
(b) That a fee be charged in lieu of land;
(c) That land and a fee be required;
(d) That a stated amount of credit be given for private recreation facilities or unique natural and special features, and the like;
(e) The location of the park land to be dedicated or use of in lieu fees; or
(f) The approximate time when development of the park or recreation facility shall commence.
(3) This action shall be reviewed by the Planning Commission for concurrence. If concurrence is not obtained, this matter will be forwarded to the City Council for final determination. In making its determination, the Council shall be guided by the same standards contained in this subchapter where applicable.
(4) At the time of the filing of the final subdivision map, the subdivider shall dedicate the land and/or pay the fees as determined by the city.
(5) Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final subdivision map.
(J) Commencement of development. At the time of approval of the final subdivision map, the city shall specify when development of the park or recreational facilities shall be commenced.
(K) Non-applicable subdivisions. The provisions of this subchapter do not apply to industrial subdivisions, condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.
('63 Code, § 10-4.602) (Ord. 416-C.S., passed 12-6-84; Am. Ord. 588-C.S., passed 2-21-95)