§ 40.01. Dedication of lands for park and recreational purposes.

(a)

Authority. This article is enacted under the general police power and Government Code Section 66477.

(b)

Requirements. Each subdivider of land proposed for residential use shall, as a condition of approval of a tentative or parcel map, at the option of the city, dedicate land, pay fees in lieu thereof, or a combination of both, for park or recreational purposes. This requirement shall be included in the conditions of the tentative or parcel map, and shall be calculated according to the standards and formula in this article.

(c)

General Standards.

1.

The dedication of land or payment of fees, or both, shall be the proportionate amount necessary to provide five acres of park area per one thousand persons residing within a subdivision.

2.

The amount of land dedicated or fees paid is based upon the residential density. Residential density is determined on the basis of the tentative or parcel map and utilizing an average household size, as set forth in this article.

3.

No land dedication or fee is required on a parcel for which park dedication requirements have previously been met.

(d)

Standards and Formula for Dedication of Land.

1.

The amount and location of 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.

2.

The amount of land to be dedicated shall be determined according to the following standards and formula:

Dwelling Type	Density per DU	Park Acres per 100 units
Single-family (detached)	2.81	1.41
Multiple-family (including condos/townhomes/apts.)	2.17	1.09

 

3.

Dedicated land shall meet the following requirements unless waived by the city: (a) adjacent public streets shall be fully improved with curbs, gutters, street paving, traffic control devices, utilities, street trees, and sidewalks; (b) fencing shall be installed along the property line of the subdivision contiguous to the dedicated land; (c) the property shall be graded within three inches of the finished grade; and (d) other minimal improvements which the city determines to be essential to the acceptance of land for park and recreation purposes. The subdivider shall not be entitled to credit for installing the above improvements.

4.

Dedication of land is governed by the procedure in subsection (k) of this section.

(e)

Formula for Fees in Lieu of Land Dedication.

1.

If (a) there is no park or recreation facility designated in the general plan within a proposed subdivision, or (b) the dedication of land is not feasible or compatible with the general plan, or (c) the city has previously acquired the necessary park property, or (d) the city otherwise determines that in lieu fees will be required, the subdivider shall pay a fee instead of land dedication.

2.

The amount of an in lieu fee required under this section shall be calculated and collected as follows:

a.

The fee shall equal fair market value of land within the city, and shall be set periodically by the city council through a city park fee resolution. Fair market value shall be the value of a typical buildable acre of land within the city suitable for residential or parkland development, excluding areas which are unbuildable due to flooding, topography, easements or other restrictions. The city has the sole discretion to determine what is fair market value of a typical buildable acre within the city, and the city's determination as to what constitutes a buildable acre of land shall be binding for purposes of this chapter.

b.

The city council shall at least once every other fiscal year, update the city park fee resolution. The city council may, at its option, choose to update the city park fee resolution more frequently as new market information becomes available. The fair market value established in the city park fee resolution shall be applied to the calculation of all park dedication in lieu fees required under this section.

c.

The fair market value established in each city park fee resolution shall be adjusted for inflation pursuant to the Bay Area Consumer Price Index until the next updated fair market value is established by the city council.

d.

Any applicable in lieu fee shall be paid in full to the city at the time of approval of the final map covering the territory in question.

(f)

Fees in Lieu of Land Dedication—Fifty Parcels or Less. If the proposed subdivision contains fifty parcels or less, the City may only require the payment of fees under this section, and may not require the dedication of land. However, this section does not preclude the dedication and acceptance of land for park and recreation purposes in a subdivision of fifty parcels or less if the subdivider proposes dedication voluntarily and the land is acceptable to the city.

(g)

Combination of Fees and Dedication. The city may approve a combination of fee payment and land dedication when:

1.

Only a portion of a proposed and accepted park falls within a subdivision. That portion shall be dedicated for park purposes and a fee is required for any additional amount of land that would otherwise be required for dedication; or

2.

A major part of the park or recreation site has already been acquired and only a small portion of land is needed from the subdivision to complete the site. The needed portion shall be acquired by dedication and a fee required for any additional amount of land that would otherwise be required for dedication; or

3.

The planning commission determines that a combination of fees and dedication will best serve the public interest.

(h)

Determination of Land or Fee. Whether the city accepts land dedication or requires a fee, or a combination of both, is determined by considering the following:

1.

Consistency with the applicable principles and standards for parks contained in the city's general plan;

2.

Topography, geology, access and location of land in the subdivision available for dedication. Proposed park sites should be designed so that eighty percent (80%) of the site has slopes of less than three percent and should be available for year-round use;

3.

Size and shape of the subdivision and land available for dedication;

4.

The feasibility of dedication;

5.

Whether the city has previously acquired sufficient land for park and recreation purposes;

6.

Whether the public interest is best served by the dedication of land or the imposition of an in lieu fee; and

7.

The factors set forth in subsections (f) and (g) of this article.

(i)

Partial Credit for Private Open Space. Where private open space for active park and recreation uses is provided in a proposed subdivision, the city may grant partial credit not to exceed twenty-five percent against the requirement of land dedication or payment of fees if the city finds it is in the public interest to do so and all of the following standards are met:

1.

Yard, court areas, setbacks and other open area or landscaping required to be maintained by the zoning and building ordinances and regulations are not included in the computation of credit; and

2.

The private ownership and maintenance of the area is adequately provided for by recorded written agreement, covenants or restrictions; and

3.

The use of the private area is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision and which cannot be amended or eliminated without the city's consent; and

4.

The proposed private area is reasonably adoptable for use for active park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

5.

The proposed facilities are in substantial conformance with the parks and recreation element of the general plan; and

6.

At least three-quarters of an acre in area with the smallest dimension being at least one hundred feet clear excluding yards and setbacks normally required by the zoning code.

(j)

Credit for Park and Recreation Improvements. If the subdivider provides park and recreation improvements to the dedicated land (other than improvements required by subsection (d)(3) of this section), the value of the improvements shall be a credit against the payment of fees or dedication of land required by this section. To qualify for credit under this subsection, the subdivider must first obtain approval from the planning commission for the precise improvements to be installed.

(k)

Procedure.

1.

General. When a developer submits a tentative map to the city, he or she shall specify as part of the filing how he intends to satisfy the park dedication requirements of this section.

2.

Recommendation and Decision. At the time of recommending approval of a tentative map, the planning commission shall determine whether to require a dedication of land, payment of a fee instead, or a combination of both. The planning commission's decision shall be based upon a report and recommendation from city staff which shall include:

a.

The amount of land required for purposes of park dedication;

b.

Credit to be given under subsection (i) or (j) of this section;

c.

The location of the dedicated land or proposed use of in lieu fees.

3.

Time for Dedication or Payment.

a.

The subdivider shall dedicate the land required for dedication at the time of the filing of the final or parcel map for the subdivision.

b.

The subdivider shall dedicate land or pay the fee at the time of filing the final map or parcel map, unless the developer agrees with the city to pay at an earlier time.

(l)

Appeal. Appeal from any final action of the planning commission may be made in writing to the city council within ten days from the date of the planning commission's action. Such application shall be accompanied by a fee in an amount established from time to time by the city council. Advisory actions of the planning commission are not subject to appeal.

(m)

Use of Land and Fees.

1.

The land, fees, or combination of both may be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision.

2.

The city council shall develop and adopt a schedule specifying how, when, and where it will use the land, fees and interest. Fees and interest collected under this section shall be committed within five years after the payment of the fees or the issuance of building permits on one-half the lots created by the subdivision, whichever occurs later.

(n)

Exemptions. This section does not apply to:

1.

Subdivisions containing less than five parcels and not used for residential purposes. However, the following condition shall be placed on the parcel map: If a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the owner of each such parcel is required to pay a park dedication fee under this chapter, as a condition of the issuance of the permit.

2.

Commercial or industrial subdivisions or to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

(Ord. No. 441, § 2, 9-16-2008)