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16.12. 010 Authority.

This chapter is enacted pursuant to the authority granted by California Government Code Section 66477. The provisions of this chapter shall not apply to any subdivisions exempted from dedication requirements by California Government Code Section 66477. (Prior code § 29.5-13(a))

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16.12. 020 Requirements.

As a condition of approval of a final tract map or parcel map for a residential subdivision, a subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, at the option of the city, as determined at the time of approval of the tentative map. Such land dedication, or in-lieu fee or combination thereof, shall be used for parkland, park and recreational purposes. The dedication of five acres per one thousand (1,000) persons, or an in-lieu fee or a combination thereof, shall be imposed as condition of approval. (Prior code § 29.5-13(b))

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16.12. 030 Standards.

A. Persons per household shall be based on the most recent available U.S. Census.

B. If a fee in lieu of dedication is required, the amount of such fee shall be based on the average estimated fair market value of land zoned for open space which would otherwise be required to be dedicated. Fair market value shall be determined at the time of filing the final map, in accordance with one of the following:

1. Fair market value shall be determined by an independent appraisal of open space zoned property in the city by a qualified real estate appraiser approved by the city; appraisal shall be at the subdivider's expense and may be accepted by the city council if found reasonable.
2. The city may accept an appraisal of open space zoned property when the appraisal is less than one year old.
3. The city and the subdivider may agree as to the fair market value.

C. Where private open space for parkland, park and recreational purposes, in excess of front setbacks and other open space zoning requirements, is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty (50) percent of the parkland requirement, may be given for such excess open space against the requirements of land dedication or payment of fees in lieu thereof, if the planning commission or city council finds that it is in the public interest to do so, subject to the following terms and conditions:

1. The subdivider shall submit for review and approval by the city a plan for installation of private recreation facilities to be used in common by residents of the subdivision.
2. The front setbacks and other open spaces required to be maintained by the zoning ordinance shall not be included in the private recreational facilities.
3. The use of the private recreational facilities shall be restricted for parkland, park and recreational purposes by recorded covenant which shall run with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor. (Prior code § 29.5-13(c))

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16.12. 040 Choice of land or fees.

A. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

1. At the time of filing a tentative map for approval, the owner of the property shall, as a part of such filing, indicate whether he desires to dedicate property for parkland, park and recreational purposes or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for such purpose, he shall designate the area thereof on the tentative map as submitted.
2. At the time of the tentative map approval, the planning commission or city council, if appealed, shall determine, as a part of their approval, whether to require a dedication of land within or adjacent to the subdivision, payment of a fee in lieu thereof, or a combination of both.
3. Where dedication is provided, it shall be accomplished in accordance with the provision of the Subdivision Map Act. Where fees are provided, they shall be deposited with the city prior to approval of the final map.

B. Determination by the planning commission or city council as to whether to accept a land dedication or to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. Open space and recreational element of the city's general plan;
2. Topography, geology, access and location of land in the subdivision available for dedication;
3. Size and shape of the subdivision of land available for dedication.

C. The determination of the planning commission or city council as to whether land shall be so dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive; provided, however, that any land proposed to be dedicated shall be approved as acceptable by the city. In accordance with California Government Code Section 66477(g), only the payment of fees may be required in connection with subdivisions containing fifty (50) parcels or less. (Prior code § 29.5-13(d))

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16.12. 050 Limitation on use of land or fees.

The land and/or fees received by the city pursuant to this chapter shall be used only for the purpose of providing parkland, park and recreational facilities to serve the subdivision for which received, and the location of the land and amount of fees shall bear a reasonable relationship to the requirements for and use of the parkland, park and recreational facilities by the future residents of the subdivision. Any fees collected under this chapter shall be committed 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. (Prior code § 29.5-13(e))

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