§ 16.36.060. Dedication of land and/or payment of fees for park and recreation purposes pursuant to the Quimby Act.

A.

This section is adopted pursuant to Section 66477 of the Government Code which provides for the dedication of land or the payment of fees in lieu thereof for park and recreational facilities as a condition of approval of a tentative map or parcel map.

B.

Whenever land that is proposed to be divided for residential use lies within the boundaries of the city, a fee and/or the dedication of land shall be required as a condition of approval of the division of land.

C.

It is found and determined by the city council that the public interest, convenience, health, welfare and safety requires that three acres of land for each one thousand (1,000) persons residing within a subdivision shall be devoted to neighborhood and community park and recreational facilities. However, if the amount of actual acreage of neighborhood and community park area existing within the city, as shown on the city's records, plans, recreational element, maps, or reports as of the date of the most recent available federal census, per one thousand (1,000) members of the total population of the city, as shown in the most recent available federal census, exceeds that limit, then the city council determines that the public interest, convenience, health, welfare and safety requires that a higher standard, not to exceed five acres of land per one thousand (1,000) persons residing within the city, shall be devoted to neighborhood and community park purposes.

D.

Definitions.

"Dwelling unit" means a building or mobilehome designed for residential occupancy. For the purposes of this section, the number of dwelling units created by a land division shall be as follows: One dwelling unit per lot created in a single-family residential zone, one dwelling per unit approved in a multifamily residential zone; and where the number of units to be built in a multifamily residential zone is unknown, the maximum number of dwelling units allowed under that zone. For a condominium project, the number of dwelling units created shall be the number of condominium units approved.

"Park" means a parcel or parcels of land, exclusive of natural open space, which is open and available for use by the general public and which serves the recreational needs of the public.

"Parks and recreation plan" means a general plan and/or other plan for park and recreational facilities adopted by the city which describes current and planned facilities and services.

E.

Exemptions. This section shall not apply to the following land divisions:

1.

Commercial or industrial;

2.

Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old and no new dwelling units area added; and

3.

Subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition of approval shall be placed on those maps that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each parcel as a condition to issuance of such permit. F. Adoption and Amendment of a Parks and Recreation Plan.

1.

Prior to requiring a subdivider to dedicate land or pay a fee, or a combination of both, the city must adopt a parks and recreation plan which shall be used to plan and direct park and recreation services within the city.

2.

The city may amend an approved parks and recreation plan at any time to reflect the needs of the city or when there are pertinent changes in the city's boundaries.

3.

A parks and recreation plan shall contain a statement of goals, policies, programs, standards and proposed location and development or rehabilitation of recreation facilities and services such as natural reservations, parks, parkways, playgrounds, recreational community gardens, and other recreational areas.

G.

Land Dedication and Fee Requirements.

1.

Whenever a tentative map or a parcel map which is subject to the provisions of this section is submitted to the community development department of the city, the city director of community development shall determine whether the city will require the dedication of land or payment of fees in lieu thereof for park and recreational purposes. If dedication of land is required, the city director of community development also shall determine its location, after consultation with the subdivider. Thereafter, such location shall be shown on the tentative map or parcel map as submitted. The subdivider shall have the right to appeal any such determination to the planning commission and thereafter to the city council, upon filing a written appeal with the city director of community development within fifteen (15) days after written notice of such determination is received by the subdivider.

2.

The conditions of approval of a tentative map or a parcel map subject to the provisions of this section shall require the dedication of land, the payment of fees in lieu thereof, 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. If fees are to be paid, the condition of approval shall require that the fees be paid to the city.

3.

The amount and location of land to be dedicated and/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.

4.

All land dedicated, fees paid, or a combination of both, must be used only for the purpose of developing new or rehabilitating existing neighborhood or community park and recreational facilities to serve the subdivision.

5.

The amount and location of property to be dedicated and the amount of any fees to be paid shall be as approved by the city in accordance with the provisions of this section.

6.

Whenever subsequent development occurs on property for which fees have been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units which were not subject to a prior fee or dedication requirement.

7.

All dedications of land shall be in accordance with the Subdivision Map Act. Land 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. All deeds shall be delivered to the city before the approval of the final map or parcel map. If the final map or parcel map is disapproved, or if it is withdrawn by the subdivider, the deeds shall be returned to the subdivider. If the final map or parcel map is approved, the deeds shall be recorded by the city at the time the final map or parcel map is recorded. No deed for dedication of land shall be accepted unless it is accompanied by a policy of title insurance, secured by the subdivider, in an amount equal to the value of the land dedicated.

8.

Whenever land has been conveyed or fees paid to the city and a final map is never recorded or, if recorded, is reverted to acreage, the city shall, at its option, either reconvey all land dedicated to it, repay all fees paid without interest, allow the developer a credit for any land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other arrangements with the subdivider.

9.

Land which has been dedicated and accepted may be sold by the city if the subdivider has not begun substantial construction on the subdivision and the city council determines that another site would be more suitable for local park or recreational facilities. The proceeds from the sale of the land must be used for the purchase of the more suitable site.

10.

Where a proposed subdivision lies within an area not then within the city's element of the general plan but intended to be annexed into the city by the developer, the developer shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the provisions of this section and the general plan shall be amended after the approval of the tentative map or parcel map to include said development and any previously unincluded park for which development there was a dedication of land and/or a payment of fees.

11.

Whenever fees are to be paid, the fees shall be paid at such time as is agreed upon by the subdivider and the city through the conditions of approval. Payment may be required prior to recordation of the final map or parcel map if the fees are to reimburse the city for expenditures previously made, or if the city determines that the fees will be collected for park and recreation facilities for which an account has been established and funds appropriated and for which the city has adopted a proposed construction schedule or plan. Payment may be deferred to the date of the issuance of building permits, or the date of final inspection or the date the certificate of occupancy is issued, whichever occurs last. If the payment of fees is deferred, the city may determine whether the fees shall be paid on a pro rata basis for each dwelling unit when it received its final inspection or certificate of occupancy, on a pro rata basis when certain percentages of the dwelling units have received their final inspections or certificates of occupancy, or on a lump-sum basis when the last dwelling in the development receives its final inspection or certificate of occupancy.

12.

Whenever fees are paid pursuant to this section, the city shall deposit them into a separate subdivision park trust fund.

13.

All fees paid must be used only for the purpose of developing new or rehabilitating existing neighborhood or community park and recreational facilities to serve the subdivision. The development of new park and recreational facilities includes, but is not limited to, the acquisition of land for neighborhood or community parks for recreational purposes.

14.

Fees paid pursuant to this section shall be expended for use only within the boundaries of the city and as specified in this chapter and the city shall maintain appropriate records to reflect such expenditures.

15.

All fees collected pursuant to this section shall be committed by the city for a specific project to serve residents of the subdivision in a budgetary year either within five years of receipt of the fees or five years after the issuance of building permits on one-half of the lots created by the subdivision whichever occurs later. If the fees are not so committed, the fees received shall be distributed 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 in the subdivision.

16.

A subdivider of any tentative map or parcel map which was approved prior to the effective date of the ordinance codified in this chapter may apply to be reassessed pursuant to the provisions of this section, provided the fees have not yet been paid and, in such event, all other provisions of this section shall apply. Upon such application, the community development department shall determine the amount of fees required, and the matter need not be set for hearing before the city council or the planning commission unless a dedication of land or a credit as provided in subsection (H)(6) of this section is requested by the subdivider or recommended by the community development department.

H.

Land Dedication and Fee Determinations.

1.

Whether the conditions of approval for a land division shall require the dedication of land, the payment of fees, or both, shall be based on the following:

a.

The natural features of the area; topography; geology; available access; the location; size and shape of the subdivision; the land available for dedication; the feasibility of dedication; the location of existing and proposed park sites and trailways; suitability for patrol, supervision and maintenance; and the compatibility of dedication with the city's general plan and other plans pertaining to parks and recreation adopted by the city.

b.

For subdivisions containing fifty (50) parcels or less, only the payment of fees may be required, provided, however, that when a condominium project, stock cooperative or community apartment project, as those terms are defined in Section 1351 of the Civil Code, exceeds fifty (50) dwelling units, the dedication of land may be required even though the number of parcels may be less than fifty (50). Nothing in this section shall prevent the city from accepting the voluntary dedication of land by a subdivider for a subdivision containing less than fifty (50) parcels if the dedication meets the other requirements of this section.

c.

Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.

2.

Unless a different number is set forth in the parks and recreation plan, the average number of persons per unit (density) for calculating the amount of land to be dedicated or the amount of fee to be paid, or a combination of both, shall be 4.72 according to the U. S. Census Bureau, Census 2000.

3.

The amount of land to be dedicated or fees paid shall be based on the residential density of the subdivision and shall be determined by multiplying the number of dwelling units of the subdivision by the average number of persons per unit (as determined pursuant to subsection (H)(2) of this section) by a coefficient equaling the number of acres of park land required per person (ranging from .003 to .005).

4.

Whenever land will be dedicated, the following provisions shall apply:

a.

Whenever land is dedicated, the subdivider shall, without credit, provide the following for the benefit of the land dedicated:

i.

Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation of existing public utility facilities, street paving, traffic control devices, street trees, and sidewalks to the dedicated land;

ii.

Fencing along the property lines of the subdivision which are contiguous to the park;

iii.

Improve the drainage through the park site;

iv.

Provide minimal physical improvements, not including recreational facilities, building, or equipment, which the city determines are necessary for acceptance of the land for park and recreational purposes;

v.

Provide access from the park and recreational facilities to an existing or proposed public street, unless the city determines that such access is unnecessary for maintenance of the park area or use of the park by the residents of the area;

vi.

Water, sewer, grading and drainage improvements in addition to those grading, drainage, irrigation and planting improvements required under other city ordinances. All land to be dedicated and improvements to be made should be approved by the city prior to the approval or disapproval of a subdivision;

vii.

All grading plans for land to be dedicated shall be reviewed and approved by the city for conformance with the city's general plan and any other parks and recreation plans and the needs of the city; and

viii.

No grading, drainage, irrigation, planting, street or utility improvements required under this section shall be eligible for a credit against the land to be dedicated or fees paid under the provisions of this section.

5.

Whenever a fee is to be paid in lieu of the dedication of land, the following provisions shall apply:

a.

The amount of the fee shall be determined by multiplying the number of acres of land required to be dedicated pursuant to subsection (H)(3) of this section by the per acre fair market value of the land within the subdivision which would otherwise be dedicated.

b.

The per acre fair market value of the land within the subdivision which would otherwise be required to be dedicated shall be based on the zoning of the property contemplated under the development approval and on the value of the land within the subdivision as if it were improved only with those improvements specified in subsection (H)(4)(a) of this section. The value of any structures other than those improvements specified in subsection (H)(4)(a) of this section shall not be considered when determining fair market value. The fair market value shall be determined by the city council based on annual appraisals of the average values of property within the city zoned for single-family and multiple-family residential uses, with an approved subdivision or parcel map and improved with those improvements described in subsection (H)(4)(a) of this section.

6.

The subdivider may receive a credit against the payment of fees or the dedication of land as follows:

a.

Common interest developments, as defined in Section 1351 of the Civil Code, shall be eligible to receive a credit, as determined by the city council, 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.

b.

A credit may be given against the requirement for the payment of fees or the dedication of land required by this section for the reasonable value of park and recreation improvements, including any equipment, provided by the subdivider to the dedicated land. The amount of the credit shall be determined prior to the approval or conditional approval of the tentative map or parcel map. The granting of a credit shall be made by the city council and shall be based on an approved set of improvement plans. However, the city reserves the right to require in-lieu fees if it finds the improvements unacceptable.

c.

A credit may be given where private areas for park and recreational purposes are provided in a subdivision and such areas are for active recreational uses, to be privately owned and maintained in common by the future owner(s) of the development. Such areas may be credited against up to fifty (50) percent of the requirement of land dedication or fees at the discretion of the city council; provided, that the city council determines that it is in the public interest to grant such credits and that all of the following standards either have been or will be met prior to approval of the final map or development permit:

1.

That yards, court areas, setbacks, and other open space areas, as may be required to be maintained by this code, the building code and other regulations, shall not be included in the computation of such private areas;

2.

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

3.

That the use of the private area is restricted for park and recreational purposes by an open space easement or other instrument;

4.

That the proposed private area is reasonably adaptable for use of park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;

5.

"Active recreational uses" mean, for the purposes of this section, recreation facilities occurring on usable level land (five percent maximum slope) in a planned development which are designed to provide individual or group activities of an active nature including, but not limited to, open lawn, sports fields, court games, swimming pools, children's play areas, picnic areas, golf courses, and recreational community gardening. Active recreational uses do not include natural open space, nature study areas, open space for buffer areas, steep slopes, or scenic overlooks. Credits for areas within watercourses, drainage areas, or water bodies may be granted only if:

a.

Such areas are suitable for active recreational use,

b.

Such areas will actually be used for active recreation, and

c.

The proposed type of active recreational use to be located within such areas is allowed or otherwise permitted by the city's general plan or other plan adopted by the city for parks and recreational facilities;

6.

Notwithstanding the fifty (50) percent limitation as set forth above, a private open space credit in excess of fifty (50) percent of the requirement of land dedication or fees payment may be granted by the city council provided that the proposed recreational use is cited in the city's general plan or other plan adopted by the city for parks and recreational facilities.

I.

Annual Reports.

1.

The city shall maintain a separate account for all land dedications and fee payments received pursuant to this section and shall prepare an annual report for each account. The annual reports shall be prepared no later than ninety (90) days after the fiscal year of the city ends. The reports shall include each of the following:

a.

The land dedications and fee payments received, the balance of the account, and the facilities purchased, leased or constructed during the fiscal year;

b.

Documentation in support of and justification for the land dedications, fee payments, fee expenditures and any change in the fee account balance;

c.

Information describing any changes in boundaries, service area, plan goals, policies, standards, as well as, any changes in park and recreation facility inventory; and

d.

A schedule of how, when and where the city intends to use the land dedicated or fees paid, or both, to develop park or recreational facilities to serve the residents of the subdivisions and the anticipated starting dates for the development of the park and recreation facilities. The starting dates shall be reasonable with respect to the need for such parks and facilities, weather constraints, the need to minimize the disruption of the neighborhood, the amount of land and fees received, and the anticipated availability of funds for the operation and maintenance of the parks and facilities which are constructed.

(Ord. 927 § 1, 2005; Ord. 924 § 1, 2005; Ord. 868 § 4, 2002)