As a condition of approval of any tentative map or parcel map, the city shall require the dedication of land and/or improvements/amenities, or payment of a fee in-lieu thereof, or a combination of both, at the option of the city, for park or recreational purposes to serve the future residents of the subdivided property.
(A) This requirement shall apply to all residential subdivisions, except those exempted by the Quimby Act.
(B) Except as provided in division (C), below, if a proposed subdivision contains less than 50 parcels, the subdivider shall not be required to dedicate any land for park and recreational purposes without his or her consent but may instead choose to pay a fee equivalent to the rate of four acres per 1,000 residents, in accordance with § 8.26.060(B), below.
(C) When a condominium, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. Pursuant to Cal. Gov’t Code § 66477(e), these kinds of developments shall be eligible to receive a credit, as determined by the legislative body, 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.
(D) Notwithstanding the requirement in this section that fees be used to serve the subdivision for which the fees were paid, fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision for which fees were paid as a condition to the approval of a tentative map or parcel map is located, if all of the following conditions are met:
(1) The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population.
(2) The neighborhood in which the subdivision for which the fees were paid has a park area per 1,000 members of the neighborhood population that meets or exceeds the ratio calculated pursuant to this chapter.
(3) The City Council holds a public hearing before using the fees pursuant to this chapter, and at that public hearing, makes a finding supported by evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the alternative neighborhood where the fees are spent.
(4) The fees shall be used within the geographic boundaries of the city, so long as a reasonable relationship can be demonstrated between the location of the use of the fees and the subdivision for which the fees were paid.
(5) The fees shall be used in a manner consistent with the Parks Master Plan and the Open Space and Conservation Element of the city’s General Plan, as well as any policy, standard, principle or guideline adopted in accordance therewith.
(Ord. 2023-07, passed 8-15-2023)