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For the purposes of this chapter, the terms and words identified below shall be defined as follows:
AVERAGE NUMBER OF PERSONS PER DWELLING UNIT. Average number of persons per household in the city, based on the most recent data available in the form of the federal census. The most recent AVERAGE NUMBER OF PERSONS PER DWELLING UNIT may be reflected in a City Council resolution as determined by the Director, Community and Economic Development.
CITY. The City of Tulare.
DWELLING UNIT. Includes each single-family dwelling, multifamily dwelling, or each mobile home space designed to contain a mobile home trailer on a semi permanent or permanent basis. Single-family residential units, multifamily residential units, and mobile home units shall be defined according to the latest decennial U.S. or State of California Department of Finance census.
LAND ACQUISITION COST PER ACRE. The estimated per acre value of vacant residential land costs in the city as determined by the City Council based upon receipt sale records or appraisal. The most recent LAND ACQUISITION COST PER ACRE may be reflected in a City Council resolution. If the subdivider objects to such a valuation, the subdivider, at its own expense, may obtain an appraisal of the property by a qualified appraiser approved by the city, whose appraisal may be accepted or rejected by the City Community and Economic Development Director.
MERCHANT BUILDER. An individual, company, partnership, corporation, or similar entity that obtains land previously subdivided for the purpose of constructing new residential units upon the subdivided land.
NUMBER OF DWELLING UNITS. The number of dwelling units as determined by the city based upon the number of units allowed pursuant to the standards of the city’s Zoning Code or as otherwise specified by the city on the property included in the subdivision at the time the tentative map or parcel map is filed for approval.
QUIMBY ACT. Cal. Gov’t Code § 66477, as amended from time to time, or any successor statute.
QUIMBY FEES. Fees paid as a condition to the approval of a tentative map or parcel map pursuant to this chapter and the Quimby Act in lieu of dedicating land to the city for park and recreational purposes.
RESIDENTIAL DEVELOPMENT. Any development that creates new or increases the number of existing dwelling units on a property.
SUBDIVISION MAP ACT. Cal. Gov’t Code §§ 66410 et seq., as amended from time to time, or any successor statute.
(Ord. 2023-07, passed 8-15-2023)
All standards for park dedication and improvement shall comply with the Quimby Act, the California Subdivision Map Act, the Parks Master Plan, and the Open Space and Conservation Element of the city’s General Plan. The dedication and improvement of land and/or Quimby fees for park or recreational purposes shall be at the rate of either three or four acres of park area (and/or Quimby fees) per 1,000 subdivision residents, with this amount determined by the existing service level at the time of application for a tentative map or parcel map. If the existing service level of park area at the time of subdivision application exceeds four acres per 1,000 residents, the rate will be four acres per 1,000 residents. However, the rate will be three acres per 1,000 residents if the existing service level of developed park area at the time of subdivision application is less than four acres per 1,000 residents.
(Ord. 2023-07, passed 8-15-2023)
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)
(A) Formula for calculating the “dedication of land”. Where the requirements of this chapter are solely complied with on the basis of providing parkland, the minimum amount of land measured in acres to be provided shall be based on the existing level of service for developed park area per 1,000 residents as stipulated in § 8.26.040 of this chapter:
Number of Dwelling Units | X | Average Number of Persons per Dwelling Unit | X | .003 (3 Acres per 1,000 Residents) | = | Number of Acres to be Dedicated |
OR | ||||||
Number of Dwelling Units | X | Average Number of Persons per Dwelling Unit | X | .004 (4 Acres per 1,000 Residents) | = | Number of Acres to be Dedicated |
Whenever land is dedicated pursuant to this chapter, the subdivider shall provide the public improvements, as set forth in § 8.26.070 of this chapter.
(B) Formula for calculating the fee amount “Quimby fees”. Where the requirements of this chapter are solely complied with on the basis of the payment of in-lieu fees, such fees shall be calculated, at either of the two ratios stipulated in § 8.26.040 of this chapter, on a per residential unit basis, as follows:
Number of Dwelling Units | X | Average Number of Persons per Dwelling Unit | X | .003 (3 Acres per 1,000 Residents) | X | Land Acquisition Cost per Acre | = | Total Quimby Fee |
OR | ||||||||
Number of Dwelling Units | X | Average Number of Persons per Dwelling Unit | X | .004 (4 Acres per 1,000 Residents) | X | Land Acquisition Cost per Acre | = | Total Quimby Fee |
The Land Acquisition Cost per Acre amount of the Quimby fees may be adopted by resolution of the City Council. The Council may adopt and/or revise the fee amount as often as on an annual basis.
(C) Formula for calculating a combination of dedicated land and Quimby fees. Where the requirements of this chapter are complied with by both the provision of parkland and payment of Quimby fees, the amount of the Quimby fees shall be computed by determining the required amount of parkland in accordance with the provisions of division (A) and subtracting the amount of parkland actually provided. The remainder shall be converted to a fee in accordance with the provisions of division (B).
(Ord. 2023-07, passed 8-15-2023)
The subdivider shall provide utility and full street improvements consistent with the Circulation Element of the adopted General Plan and the city’s subdivision regulations in Chapter 8.24 of the Tulare Municipal Code, including but not limited to curbs, gutters, sidewalks, street paving, sewer, water and drainage improvements. The full cost of such improvements shall be borne by the subdivider and shall not be deducted from or credited against any fees or other amounts due the city under this chapter or otherwise. The land to be dedicated and improvements to be made pursuant to this chapter shall be approved by the city.
(Ord. 2023-07, passed 8-15-2023)
For subdivisions consisting of 50 or more units, the subdivider shall have the option to either dedicate land or pay Quimby fees or a combination of both on the following basis:
(A) General Plan requirements. When only a portion of the subdivision is proposed for a future park site(s) in conformance with this chapter, such portion shall be dedicated to the city for park and recreational purposes pursuant to the dedication standards set forth in § 8.26.040, and any remaining parkland dedication requirements shall be satisfied through Quimby fees computed pursuant to §§ 8.26.060(A) and (B). If no parkland dedication is provided, the subdivider shall pay Quimby fees for the full three or four acres per 1,000 residents computed pursuant to § 8.26.060(C).
(B) Remainder dedications. When a major portion of a park or recreational site/facility serving the proposed subdivision has already been acquired by the city, and only a portion of additional land is needed from the subdivision to complete the site/facility, such remaining portion shall be dedicated to the city pursuant to the standards set forth in § 8.26.040, and any remaining parkland dedication requirements shall be satisfied through Quimby fees computed pursuant to § 8.26.060(C). Such fees may be used for either the improvement of the existing park and recreational site/facility or for the improvement of other park and recreational sites/facilities serving the subdivision at the sole discretion of the city.
(Ord. 2023-07, passed 8-15-2023)
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