(A) Application by subdivider. At the time of filing a tentative map or parcel map application, the subdivider shall, as part of such filing, state in writing whether it desires to dedicate property for park and recreational purposes, or to pay Quimby fees, or a combination of both. If the subdivider desires to dedicate land for this purpose, the area shall be designated on the tentative tract map or parcel map as submitted.
(B) Action of city. At the time of the tentative tract map or parcel map approval and in accordance with the criteria set forth in this chapter, the Quimby Act, the California Subdivision Map Act, the Open Space and Conservation Element of the city’s General Plan and any policy, standard, principle or guideline adopted in accordance therewith, the City Community and Economic Development Director shall determine as part of such approval, whether to require a dedication of the land within the subdivision, payment of Quimby fees, or a combination of both, based upon the totality of circumstances. The conditions of approval of any applicable tentative map or a parcel map shall require the dedication of land, the payment of Quimby fees, or a combination of both for park and recreational purposes to serve the future inhabitants of the subdivision. If the land is to be dedicated, the proposed dedication shall be shown on the approved tentative map or parcel map.
(C) Payment of in-lieu fees. Prior to the issuance of a building permit, the Community and Economic Development Director or his/her designee shall determine the amount of land to be dedicated and/or Quimby fees to be paid by the subdivider. Any fee required under this chapter shall be paid directly to the city prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The fees shall be placed in a specially designated fund and are used only for the acquisition and development of new, or improvement and/or rehabilitation of existing, park and recreational facilities. Any fees collected under this chapter shall be appropriated by the City Council, but need not be spent, within five years after the payment of such fees or the issuance of building permits on one half of the lots created by the subdivision, whichever occurs later. If such fees are not appropriated, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.
(D) Dedication of parkland. A dedication of parkland shall be made prior to the recordation of any applicable tentative map or parcel map. Where dedication is offered and accepted, such dedication shall be accomplished in accordance with the provisions of the Subdivision Map Act. All land dedicated to the city shall be conveyed in fee simple to the city free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the city agrees to accept.
(E) Improvement of parkland. The subdivider may choose to improve the dedicated parkland with amenities such as grass, trees, playground equipment and other improvements typical of a city park. If such improvements are made to the dedicated parkland, the cost of said improvements shall be estimated and applied as a credit against the parkland or the in-lieu fee identified as required per the calculation identified in § 8.26.060. The cost of said improvements and associated credit shall be determined in a manner meeting the approval of the Community Services Director.
(Ord. 2023-07, passed 8-15-2023)