The city may, as established by the open space and conservation element of the general plan and this title, require, as a condition of approval for development projects, the payment of fees and/or dedication of land for the provision of neighborhood or community parks and/or recreational facilities. The general plan establishes the ultimate proportion of three (3) acres of neighborhood park, community park and recreational facilities per one thousand (1,000) persons residing in the city.
(A) Number Of Dwelling Units: For the purposes of this section, the number of actual or potential dwelling units created by a subdivision or development shall be as follows:
1. Number: One dwelling unit per unit approved.
2. Multi-Family: Where the number of units to be built in a multi-family residential district is unknown, the maximum number of dwelling units allowed under that zone classification shall be used.
3. Condominium Projects: For a condominium project, the number of dwelling units created shall be the number of condominium units approved.
(B) Exemptions: This section shall not apply to the following subdivisions:
1. Commercial, Industrial: Commercial or industrial developments.
2. Condominium, Stock Cooperatives: Condominium projects or stock cooperatives, which consist of the subdivision of air space in an existing apartment building that is more than five (5) years old and in which no new dwelling units have been added by the subdivision.
3. Nonresidential: Subdivisions containing less than five (5) parcels and not used for residential purposes; provided, however, that a condition of approval shall be placed on those maps stating that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four (4) years after recordation of the subdivision map, the fees shall be paid by the owner of each parcel as a condition to the issuance of such permit.
(C) Dedication Requirements:
1. Statement Of Intent: Whenever a tentative tract map or other residential project, which is subject to the provisions of this section, is submitted to the planning department, the submittal shall be accompanied by a written statement from the applicant stating whether the applicant intends to dedicate land and/or pay fees in lieu thereof for park and recreational purposes. If the applicant intends to dedicate land for this purpose, such area shall be shown on the proposed tentative tract map or site plan. If fees are to be paid, the conditions of approval shall specify the amount of fees to be paid to the city and shall include the schedule for such payment. Dedications of park land shall be reviewed and, if acceptable, approved by the city council.
2. Land Conveyance: Land shall be conveyed fee simple to the city by grant deed, free and clear of all encumbrances, except for those encumbrances which will not interfere with the use of the property for its intended purposes and which the city agrees to accept. All deeds shall be delivered to the city before the approval of the final map, or as required by the final conditions of approval if no final map is required.
3. Deeds For Park Dedications: Deeds for park land dedications shall be returned to the developer, project applicant or developer, as applicable, upon:
(a) Withdrawal of a final map, if a final map is required; or
(b) Withdrawal of the application for the development permit by the applicant.
Deeds shall be returned under the circumstances described above within a reasonable time period, not to exceed ninety (90) days from date of withdrawal or disapproval, or as otherwise established by city ordinance.
4. Recording Of Deed: Deeds shall be recorded by the city upon recordation of the final map or at the discretion of the city clerk if no final map is recorded.
5. Title Insurance Policy: Deeds shall not be accepted for the dedication of park land, unless accompanied by a title insurance policy, secured by and at the expense of the grantor, in an amount equal to the land dedication.
6. Payment Of Fees: When required, fees shall be paid at such time as established by conditions of approval for a project. Payment may be required prior to approval of a final map if the fees are to reimburse the city for expenditures previously made or for an account which has been established wherein the city has adopted a proposed construction schedule or plan.
7. Reconveyance: Whenever land has been conveyed or fees paid to the city, as a condition of approval of a subdivision, and a final map for the subject subdivision is not recorded, or, if recorded, the land is thereafter reverted to acreage, the city may, at its option, either reconvey all land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other mutually agreeable arrangements with the developer.
(D) Determination Of Land Dedication And Payment Of Fees: When conditions of approval for a subdivision or other residential development, subject to the provisions of this section, require dedication of land and/or payment of fees, the conditions shall be based on the following:
1. Area Considerations: The natural features of the area, available access, location, size and shape of the land available for dedication, feasibility of dedication, location of existing and proposed park sites and trailways, and the compatibility of the dedication with the general plan.
2. Insufficient Amount Of Land: Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the developer shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.
3. Amount, Location: The amount and location of the land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision or other residential development.
4. Residential Density Consideration: The amount of land to be dedicated or fees paid shall be based on the residential density of the subdivision. The residential density shall be determined by multiplying the number of dwelling units of the subdivision by the number of persons per unit by the ratio which the number of acres of park land is required for each one thousand (1,000) persons (i.e., .0025). The average number of persons per unit shall be the most recent such average established by the department of finance of the state of California or by Kern council of governments.
5. Improvements Required: Whenever land is dedicated pursuant to this subsection, the developer may be required to provide the following for the benefit of the land dedicated:
(a) Full street improvements and utility connections, including, but not limited to, curbs, gutters, sidewalks, relocation or undergrounding of existing public utility facilities, street paving, traffic control devices and street trees.
(b) Block wall fencing, masonry wall or some other material approved by the planning director.
(c) Improve drainage through the park site.
(d) Minimal physical improvements, not including recreational facilities, building or equipment, which the public works director and city engineer determines are necessary for acceptance of the land for park and recreational purposes.
(e) Access to the park and recreational facilities from an existing or proposed public street, unless the public works director and city engineer determines that such access is unnecessary for maintenance of the park areas or use of the park by residents of the area.
(f) Grading and drainage improvements, irrigation and planting improvements as required by this title. All land is to be dedicated and improvements to be made shall be approved by the public works director and city engineer prior to final approval or disapproval of a subdivision or development plan by the city.
(g) No grading, drainage, irrigation, planting, street or utility improvements required under this section shall be eligible for a credit against the land to be dedicated or fees paid under the provisions of this title.
(h) Whenever a fee is to be paid, in lieu of the dedication of land, the following provisions shall apply:
(1) The fee shall be established by resolution of the city council. Said fee shall bear a reasonable relationship to the value of land which would otherwise be required if land dedication were being made.
(2) Whenever fees are paid pursuant to this section, the city shall deposit them into a separate park fund. All fees paid may be used only for the purpose of developing new or rehabilitating existing neighborhoods, community parks or recreational facilities to serve the subdivision. The development of new park and recreational facilities includes, but is not limited to, the acquisition of land for neighborhood or community parks for recreational purposes. Fees shall be expended for use only within the boundaries of the city.
(3) The developer may receive a credit against fees as follows:
A. A credit may be given against the requirements for the payment of fees or the dedication of land required by this subsection for the reasonable value of park and recreation improvements provided by the developer, if approved and accepted by the city. The amount of the credit shall be determined prior to the approval or conditional approval of a tentative map or equivalent for other residential projects not involving a subdivision.
B. A credit may be given where private areas for park and recreational purposes are provided in a subdivision or other residential development, when such areas are for active recreational uses, are to be privately owned, and are to be maintained in common by the future owners of the development. Upon approval by the city, such areas may be credited against a maximum fifty percent (50%) of the requirement of land dedication or fees. Approval of such credits shall be based on a determination by the city that it is in the public interest to allow such credits, and that all of the following standards have been met or will be met prior to approval of the final map or development permit:
i.Yards, court areas, setbacks and other open space areas, which are required to be established and maintained by other provisions of this title, are satisfactorily incorporated into the project design; and
ii.Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by record written agreement, covenants or restrictions; and
iii.The use of the private area is restricted to park and recreational purposes by an open space easement or other instrument in favor of or enforceable by the city; and
iv.The proposed private area is reasonably adaptable for use for park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and
v.The private recreational areas can be utilized by project residents in a manner which would reduce the need for public recreational facilities in proportion to the requested park land credit.
(i) Land which has been dedicated and accepted by the city may be sold by the city if a developer has not begun substantial construction within two (2) years following recordation of a final map or final approval of a project, other than a subdivision, provided the city determines that another site would be more suitable for park or recreational facilities. In that situation, the proceeds from the sale of the dedication land must be used for the purchase or improvement of the more suitable site.
(j) All fees collected pursuant to this section shall be committed by the city to develop park or recreation facilities to serve residents of the subdivision or other residential development if a subdivision is not involved.
(k) The commitment required by Government Code section 66477(f) for using fees collected by the city pursuant to this section shall be the applicable annual budget of the city unless the city adopts a separate schedule. (Ord. 805-14, 7-1-2014)