§ 16.24.100  DEDICATION OF LAND FOR PUBLIC PURPOSES.
   (A)   As a condition to the approval of a tentative map or parcel map, the subdivider shall dedicate land, pay fees, or a combination of both for park or recreational facilities in accordance with the provisions of this section, Cal. Gov’t Code § 66477, and the parks and recreation element of the general plan.
   (B)   The fees or dedications shall bear reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.
      (1)   Dedication of land.  An irrevocable offer of dedication shall be made to the town or other appropriate governing bodies of all parcels of land intended or designated to be used for public purposes.  Such offer of dedication shall be by certificate on the final or parcel map or by such other method as may be appropriate.
      (2)   Easements.  A conservation or recreation easement established for specific purposes consistent with this section and to be held in perpetuity for such purposes shall be conveyed to the town or to an entity, governmental or non-governmental, approved by the Town Council.
      (3)   General.  The payment of fees, or the dedication of land, or both, shall be in a proportionate amount necessary to provide five acres of property devoted to local park or recreational purposes for each 1,000 persons residing in the town.
      (4)   Exemptions.  The following shall be exempt from the provisions of this section:
         (a)   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 the 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 the permit.
         (b)   Commercial and industrial subdivisions and condominium projects or stock cooperatives which consist of subdivision of airspace in an existing apartment building more than five years old when no new dwelling units are added.
      (5)   Payment of fees.  Only the payment of fees may be required in subdivisions containing 50 parcels or less, except that when a condominium project exceeds 50 dwelling units, dedication of land may be required notwithstanding the number of parcels may be less than 50.
      (6)   Land dedication and fees.
         (a)   At the time of approval of a tentative map or parcel map, the Town Council shall determine the land to be dedicated and fees to be paid by the subdivider based on the provisions of division (B)(7) below.
         (b)   Covenants for dedicated land shall be submitted to the town prior to approval of a final subdivision map and shall be recorded at the same time as the final map.
         (c)   Fees shall be paid to the town and other public agencies, if applicable, in accordance with the provisions set forth in Cal. Gov’t Code § 66477(f).
      (7)   Dedications and fees.  Land dedications and fees shall be determined as set forth in this division.
         (a)   Formula for dedication of land.  Where a park or recreation facility has been designated in the town general 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 park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision.  The amount of land to be provided shall be determined pursuant to the following formulas:
            1.   Alternative 1:  formula based on population estimate.  The formula for determining acreage to be dedicated shall be as set forth in the Table 16.24-1.  This table is based on 1990 U.S. Census information and has been established pursuant to Cal. Gov’t Code § 66477(b).
Table 16.24-1
 
Dwelling Type
Assumed Density (Person/Dwelling Unit)
Standard (Acres/ Dwelling Unit)
Single-family
2.5 persons/DU
0.0075
Duplex/
multiple-family
1.87 persons/DU
0.00561
 
            2.   Alternative 2:  formula based on dwelling units.  Table 16.24-2, which contains the formula for determining acreage to be dedicated based on dwelling units, is based on 1990 U.S. Census information and has been established pursuant to Cal. Gov’t Code § 66477(b).
Table 16.24-2
 
Dwelling Type
Zoning District
Assumed Density
Standard
Single- family
RS-7.5, RS-6
2.5 person/ DU
5 acres/ 400 DUs
Duplex/
multiple
RD 5.5-7, UR-7 (PDD), RM
1.87 persons/ DU
5 acres/ 535 DUs
 
            3.   Alternative 3; population formula.  At any future point in time, after the adoption of the ordinance codified in this title, when updated U.S. Census information is released to the general public and accepted as accurate by the town, the formula set forth in the following table for determining parkland to be dedicated shall be substituted for divisions (G)(1)(a) and (b) of this section.
Table 16.24-3
 
Average number of persons/unit
-
1,000 population
5 acres
=
Minimum acreage dedication
 
         (b)   Improvements.  The subdivider shall, without credit:
            1.   Provide full street improve- ments and utility connections including, but not limited to curbs, gutters, street paving, traffic control devices, street lighting, street trees, retaining walls and sidewalks to land which is dedicated pursuant to this section;
            2.   Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; and
            3.   Provide other minimal improvements which the Town Council determines to be essential to the acceptance of the land for recreational purposes.
         (c)   Formula for fees.  If there is no park or recreation facility designated in the town 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 value of that land.  Fees shall be determined in accordance with Table 16.24-4.  The fees shall be used for a local park which bears a reasonable relationship to serve the present and future residents of the area being subdivided.
Table 16.24-4
 
DUs
X
Population
DU
X
5 Acres
1,000 Population
X
FMV of Land
Land acreage
=
In Lieu Fee
NOTES TO TABLE:
Where:
DUs = Number of dwelling units
FMV = Fair market value as determined by division (B)(7)(e) of this section
Land acreage = The total acreage of the property
 
         (d)   Number of dwelling units.  For the purpose of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the map when in an area zoned for one dwelling unit per parcel.  When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under the zone.  In the case of a condominium project, the number of new dwelling units shall be the number of condominium units.  The term “new dwelling units” does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.
         (e)   Fair market value.  The fair market value shall be determined by the town with a written appraisal report prepared and signed by an appraiser acceptable to the town.  The appraisal shall be made immediately prior to the filing of the final map.  The subdivider shall notify the town of the expected filing date at least six weeks prior to filing the final map.  If more than one year elapses prior to filing the final map, the town will prepare a new appraisal and will bill the subdivider for the cost of the reappraisal.  If the subdivider objects to the determined fair market value, the subdivider may appeal to the Town Council.  The determination of the fair market value shall consider, but shall not be limited to the following:
            1.   Approval of and conditions of the tentative subdivision map;
            2.   The general plan;
            3.   Zoning;
            4.   Property location;
            5.   Off-site improvements facil- itating use of the property;
            6.   Site characteristics of the property; and
            7.   Comparable property transactions within the market area.
         (f)   Use of money.  Any in-lieu fees collected shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision.
      (8)   Fees.  Any fees collected pursuant to this section shall be committed within five years after payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.  If the fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of each lot bears to the total area of all lots in the subdivision.
      (9)   Development schedule.  The Town Council shall specify in a public lands development plan how, when and where it will use the land or fees or both to develop park or recreational facilities.
      (10)   Credits.  Credit against the payment of fees or dedication of land required by this section shall be given in accordance with the provisions of the following divisions:
         (a)   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 section.
         (b)   Planned developments, real estate developments, stock cooperatives and community apartment projects, as defined in Cal. Business and Professions Code §§ 11003, 11003.1, 11003.2, 11003.4 and 11004 and condominiums, as defined in Cal. Civil Code § 783 shall be eligible to receive a credit, as determined by the Town Council, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses.  For the purposes of this section, private open space is that open space which is available to all residents within the development.
(Prior Code, § 16.07.100)  (Ord. 670, passed - -1998)