§ 152.037  PARK AND RECREATION DEDICATION AND FEES.
   (A)   Purpose.  This section is enacted pursuant to the authority granted by Cal. Gov't Code § 66477.  The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the recreational element of the general plan of the city, as revised on January 9, 1987.
   (B)   Requirements.  As a condition of approval of a parcel map or tentative map, the subdivider shall dedicate and develop 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 section.
      (1)   The subdivider shall without credit:
         (a)   Provide full public improvements, utility expansions and connections, including but not limited to sidewalks, curbs, gutters, street paving, traffic control devices, and street trees to land which is dedicated pursuant to this section;
         (b)   Provide fencing along the property line of that portion of the subdivision contiguous to the dedicated land;
         (c)   Provide improved drainage through the site; and
         (d)   Provide other improvements which the city determines to be essential to the acceptance of the land for recreational purposes.
      (2)   Access.  All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street that will provide access to the park or recreational facility by the time that the facility is completed.
   (C)   General standards. 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 this city be devoted to local park and recreational purposes.  Two and one-half acres shall be allocated for community parks and two and one-half acres shall be allocated for neighborhood parks.
   (D)   Standards and formula for dedication of land.
      (1)   Where a park or recreational facility has been designated in the recreation 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 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 standards and formula listed below. If the amount of land needed for the park according to the recreational element exceeds the amount of land to be dedicated according to the formula, the city shall pay compensation in an amount as determined pursuant to Cal. Code Civ. Proc. §§ 1260.010 et seq. and §§ 1263.010 et seq.  The formula for determining acreage to be dedicated shall be as follows:
 
Dwelling Type
Zoning District
Standard Density
Acres/DU
Single-Family dwelling unit
R-1
3.5 persons
1 acre/58 DUs
Duplex/Multiple
Mobile home dwelling unit
R-2/R-3
2.5 persons
1 acre/80 DUs
 
      (2)   Dedication of the land shall be made in accordance with the procedures contained in § 152.036 hereof.
   (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 recreation element 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) thereof and in an amount determined, in accordance with the provisions of this division (F).
      (2)   Fifty parcels or less. If the proposed subdivision contains 50 parcels or less, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in division (D) hereof and in an amount determined in accordance with the provisions of division (F) hereof.
      (3)   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 and/or the improving of such land for park and recreational purposes.
(Ord. 89-09, passed 11-27-89)
      (4)   Sale of dedicated land.  If, during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the City Council upon review of a recommendation from the Community Development Department and City Manager, with the resultant funds being used for purchase of a more suitable site.
   (F)   Amount of fee in lieu of land dedication.
      (1)    Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair-market value of the amount of land which would otherwise be required to be dedicated pursuant to division (D) hereof.  The fair market value of land shall be determined by the city with a written appraisal prepared and signed by a qualified real estate appraiser acceptable to the city.  The appraisal shall be made immediately prior to the filing of the final parcel map or tentative subdivision map.  If more than one year elapses between the preparation of the appraisal and the filing of the final parcel map or tentative subdivision map, the city shall cause a new appraisal to be prepared.  All costs associated with obtaining the appraisal and the reappraisal, if necessary, shall be borne by the subdivider.
(Ord. 90-05, passed 4-23-90)
      (2)   The city declares its intention that fair market value of land for the purchase of park land identified as a park site shall be presumed to be that value which would exist on the property were it not contemplated for development within the next ten years, rather than appraisals calculated on lost value based on the anticipated or prospective worth of land potentially or currently available for urban development.
   (G)   Criteria for requiring both dedication and fee.  The subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:
      (1)   When only a portion of the land to be subdivided is proposed on the recreational element as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of division (E) hereof shall be paid for any additional land that would have been required to be dedicated pursuant to division (D) hereof.
      (2)   When a major part of the local park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provisions of division (E) hereof shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to division (D) hereof, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.
   (H)   Determination of land or fee. Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, such shall be determined by consideration of the following:
      (1)   Recreational element of the city's general plan.
      (2)   Topography, geology, access and location of land in the subdivision available for dedication.
      (3)   Size and shape of the subdivision and land available for dedication.
      (4)   The feasibility of dedication.
      (5)   Compatibility of dedication with the recreation element.
      (6)   Availability of previously acquired park property.
      (7)   Availability of other, equally suitable sites for park property.
   (I)   Credit for private open spaces, partial credit. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately-owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50%, may be given against the requirements of land dedication or payment of fees in lieu thereof, if the city finds that it is in the public interest to do so and that all the following standards are met:
      (1)   Yards, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space.
      (2)   The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions.
      (3)   The use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successor.
      (4)   The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location.
      (5)   Facilities proposed for the open space are in substantial accordance with the provisions of the general plan.
      (6)   The open space for which credit is given is a minimum of two acres and provides some of the local park basic elements listed below:
         (a)   Children's play apparatus area.
         (b)   Landscape park-like and quiet areas.
         (c)   Family picnic area.
         (d)   Game court area.
         (e)   Turf playfield.
   (J)   Procedure. At the time of approval of the tentative parcel map, or tentative subdivision map, the Planning Commission (or City Council in the case of a tentative subdivision map) shall determine pursuant to division (D) hereof, the land to be dedicated and/or fees to be paid by the subdivider. At the time of the filing of the parcel map, the subdivider shall dedicate the land and/or pay the fees as previously determined by the Commission or Council. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final parcel map and shall be recorded contemporaneously with the final map. In the case of land zoned R-2, R-3, when the ultimate number of dwelling units is unknown, no park-in-lieu fee shall be collected at the time of filing the final map. When a building permit is obtained on the parcel so created for which no park-in-lieu fee has been collected, the fee shall be computed pursuant to division (D) hereof shall be collected prior to issuance of the building permit.
   (K)   Commencement of development. At the time of approval of the final parcel map, the City Council shall specify when development of the park or recreational facilities shall be commenced.  Fees collected shall be committed within five years after payment of such fees.
   (L)   Exemptions.  The provisions of this section shall not apply to subdivisions containing less than five parcels and not used for residential purposes, provided, however, that if a building permit is requested for construction of a residential structure or structures, the fees may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.  The provisions of this division also shall not apply to commercial or industrial subdivisions or to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old, when no new dwelling units are added.
(`67 Code, § 11-3-13)  (Am. Ord. 99-06, passed 6-28-99)