A. Applicability: The dedication of land for park and recreation facilities shall be required incident to and as a condition of the approval of a tentative tract map or tentative parcel map for a subdivision. Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this chapter; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four (4) years of the date of approval of the parcel map, the fee 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 chapter do not apply to commercial or industrial subdivision or to condominium projects or stock cooperatives which consist of division of air space in an existing multi-family residential building which is more than five (5) years old when no new dwelling units are added.
B. Use Of Land And Fees: The land, fees or combination of land and fees, are to be used only for the purpose of providing park or recreational facilities within the town which will serve or benefit future inhabitants of such subdivision, and the park and recreational facilities so developed shall bear a reasonable relationship to the needs thereof by the inhabitants of the subdivision. The park and recreational facilities shall be consistent with the standards and policies for park and recreation facilities, adopted in the general plan, the parks master plan or an applicable specific plan.
C. Establishment And Development Time: The town council shall specify by resolution at the time approval is given to the final map when the development of a park or recreation facility to serve the subject subdivision will begin. The starting date shall be reasonable with respect to: 1) the need for such park or facility, 2) weather constraints, 3) minimized disruption of the neighborhood, and 4) the accumulation of the necessary funds and land.
D. Land Disposition: In the event that opportunities for better recreation facilities than those provided by the dedication materialize, the land so dedicated may be sold and the proceeds used for suitable park and recreation facilities which serve the neighborhood or area in which that subdivision is located.
E. Standards For Dedications: The amount of land required to be dedicated to the town for park and recreation facilities incident to and as a condition of the approval of a tentative tract map or tentative parcel map for a subdivision shall bear a reasonable relationship to the use or benefits of the park and recreation facilities by the future inhabitants of the subdivision. It is found and determined that the public interest, convenience, health, welfare and safety require that three (3) acres of usable land for each one thousand (1,000) persons residing within the town be devoted to neighborhood or community park and recreation facilities. The park land to be so dedicated shall conform to locations and standards set forth in the general plan and the parks master plan, or as necessary to implement the general plan and parks master plan. The slope, topography and geology of the site, as well as its surroundings, must be suitable for the intended park and recreation purposes. The primary intent of this section shall be construed to provide the land for functional recreation units of local, neighborhood, or community park services, including, but not limited to: tot lots, playlots, playgrounds, neighborhood parks, playfields, and other specialized recreational facilities that may serve the organized recreation programs, family group and also senior citizens.
F. Amount Of Land To Be Dedicated: Except as otherwise provided in this chapter, the number of acres or fraction of an acre of usable land required to be dedicated to the town for park and recreation facilities incident to and as a condition of the approval of a tentative tract map or tentative parcel map shall be the product of the following:
1. The number of proposed dwelling units within the subdivision, multiplied by
2. The average number of residents per dwelling unit within the incorporated territory of the city, as determined by the most recent federal census or a census taken pursuant to the provisions of title 4, division 3, part 2 of the California Government Code (commencing with section 40200), or such other acceptable means of determination provided by California Government Code section 66477, divided by
3. One thousand (1,000), multiplied by
4. Five (5). (Ord. 254, 12-16-2014)