SEC. 15-88. BICYCLE PATHS; TRANSIT FACILITIES.

   As a condition of approval of any map, the subdivider may be required to dedicate or offer to dedicate land for bicycle paths and local transit facilities subject to the requirements of the Subdivision Map Act.

(`64 Code, Sec. 27-63) (Ord. No. 1684)

DIVISION 2. CONTRIBUTION OF PARK SITES

SEC. 15-95. PURPOSE.

   (A)   This division is enacted pursuant to authority granted by Cal. Gov't Code, Section 66477 and is intended to provide a means to implement the adopted parks, recreation and open space element of the general plan and is separate and distinct from the imposition of the city park acquisition and development fee.

   (B)   The city council finds and determines that the public interest, health, and welfare require the dedication of land and payment of fees for each 1,000 persons as provided in this division for the acquisition and development of park and recreational facilities. The amount and location of land to be dedicated and fees paid, as determined pursuant to this division, shall bear a reasonable relationship to the use of such park and recreational facilities by the future inhabitants of each subdivision from which such land or fees were obtained.

(`64 Code, Sec. 27-65) (Ord. No. 1570, 1791)

SEC. 15-96. REQUIREMENTS.

   As a condition of approval of any subdivision, the developer shall provide land or fees in lieu thereof, or a combination of both, for park or recreational purposes, as follows:

   (A)   For each 1,000 persons residing within the city there shall be dedicated three acres of land or fees shall be paid in lieu thereof, as determined by the city.

   (B)   Only the payment of fees shall be required in subdivisions containing 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment projects, as those terms are defined in Section 1351 of the Cal. Civil Code, exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50.

   (C)   This division shall not apply to any condominium project which consists of the subdivision of airspace in an existing apartment building which is more than five years old, when no new dwelling units are added.

(`64 Code, Sec. 27-66) (Ord. No. 1570, 1791, 2683)

SEC. 15-97. INCREASED DENSITY; LATER RESIDENTIAL DEVELOPMENT.

   (A)   The commission may recommend, and the city council may condition its approval of any map to require the applicable dedication or the payment of the applicable public parks fee if the density of a development is increased, or a nonresidential development is converted or partially converted to residential use following approval of any map of the development.

   (B)   The commission may recommend, and the city council may condition its approval of any map depicting fewer than five lots or parcels for nonresidential purposes that, if a building permit is requested for construction of a residential structure on one or more of the parcels within four years, the public parks fee shall be required to be paid in addition to the parks acquisition and development fee by the owner of each such parcel as a condition to the issuance of such permit.

(`64 Code, Sec. 27-67) (Ord. No. 1570)

SEC. 15-98. DETERMINATION OF DENSITY FACTOR AND DWELLING UNITS.

   (A)   For the purpose of calculating the amount of land to be dedicated and fees in lieu thereof, the population density factor for each dwelling unit is based on the number of bedrooms as follows:

      (1)   Single-family detached units and town houses: 3.9 persons per unit.

      (2)   Condominiums, stock cooperatives: 2.85 persons per unit.

      (3)   Apartments, mobile homes: 2.0 persons per unit.

   (B)   The basis for determining the total number of dwelling units shall be the number of dwelling units permitted by the city by special use or planned development permit, if one has been issued, or by the number of dwelling units allowed under the zoning of the property included in any map at the time the final map or parcel map is filed with the city for approval.

(`64 Code, Sec. 27-68) (Ord. No. 1570, 1791, 2683)

SEC. 15-99. FORMULA FOR DEDICATION OR FEES.

   (A)   The amount of land to be dedicated and fees in lieu thereof shall be based on the following formula:

   A = 3 (D.F. x D.U.)
      1,000

   (B)   Definition of terms.

      (1)   “A” is the area in acres required to be dedicated as park sites or to be approved for fee payment in lieu of dedication.

      (2)   “D.F.” is the density factor obtained from preceding section as applicable to the proposed development.

      (3)   “D.U.” is the number of dwelling units in the subdivision.

      (4)   “3” is the number of acres of land per 1,000 persons.

      (5)   “1,000” is the number of persons.

(`64 Code, Sec. 27-69) (Ord. No. 1570, 1791, 2683)