This Chapter is adopted to implement the provisions of the Quimby Act, contained in Section 66477 of the California Government Code, authorizing a City to require the dedication of land or payment of fees in lieu thereof, or a combination of both, for park and/or recreational purposes as a condition to its approval of a tentative map or parcel map under specified conditions, including establishment of definite standards for determining the amount of land to be dedicated and the amount of any fee to be paid in lieu thereof.

This Chapter also is adopted in compliance with the procedural requirements for the adoption of fees set forth in the Mitigation Fee Act contained in Chapters 5 through 9 of Division 1 of Title 7 of the California Government Code, commencing with Section 66000.

This Chapter is further adopted under the City's exercise of its independent police and franchising power, and under the powers granted in the City Charter.

This Chapter shall not apply to the following:

Only the payment of fees may be required in subdivisions containing fifty parcels or less, except that when a condominium project, stock cooperative, or community apartment project, as those terms are defined in Section 1351 of the California Civil Code, exceeds fifty dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty.

For purposes of this Chapter, a "major land development project" shall be a land development project exceeding forty acres in size.

When a proposed subdivision or development is a part of a major land development project, provisions for dedication of the land and/or payment of in lieu fees and development fees required by this Chapter shall be made by the approval of a comprehensive park plan for the major land development project by the Planning Commission at the time of approval of the tentative map.

Where a subdivision or other residential development is proposed for construction in increments, a schedule for the dedication of all land and payment of all fees required by this Chapter providing the park and recreational facilities shall be submitted to and subject to approval by the Planning Commission not later than approval of the first tentative map for the development project.

It hereby is found and determined that the public interest, convenience, health, welfare and safety require that three acres of land for each one thousand persons residing within the City be devoted to park and recreational purposes, unless the amount of existing neighborhood and community park areas, as calculated pursuant to this Chapter, exceeds that limit, in which case the legislative body may adopt the calculated amount as a higher standard not to exceed five acres per one thousand persons residing within a subdivision subject to this Section.

It hereby is found and determined that the public interest, convenience, health, welfare and safety require development of land for park or recreational purposes at a cost determined on an acreage basis for development of the average neighborhood park site of approximately five acres, with playgrounds, play equipment and facilities, parking lots, street improvements, landscaping and other appropriate and common amenities.

It also hereby is found and determined that the amount and location of land to be dedicated for park and recreational purposes and the fees in lieu of such dedication and additional development fees required to be paid by this Chapter bear a reasonable relationship to the use of the park and recreational facilities created thereby by the future inhabitants of the subdivision or other residential development, and such fees do not exceed the estimated reasonable cost of providing such facilities.

For purposes of this Chapter, the population density factor for the proposed subdivision or other residential development shall be based on the figures for population and housing disclosed by the most recent available decennial U.S. Census or a census taken pursuant to Chapter 17 (commencing with Section 402000) of Part 2 of Division 3 of Title 4 of the California Government Code (California Department of Finance census), according to the following:

The definition of one-family and two-family residential units, multiple family and mobile home units, shall be determined pursuant to Article 1 of this Chapter.

The density factor for each type of residential unit shall be determined by dividing the number of persons residing in such units as specified in subsection (A) by the number of such units. This shall be computed by taking an appropriate sampling from the most recent available decennial U.S. Census or California Department of Finance Census.

When a proposed development or subdivision contains dwelling units with different density factors, the formula shall be used for each such density factor and the results shall be totaled.

The number of dwelling units in a development or subdivision shall be the greatest number proposed and authorized for construction at the time of approval of the tentative map. When the actual number of dwelling units in a development or subdivision to be constructed is unknown, it shall be assumed for the purposes of this Chapter that the maximum number permissible at the time of approval of the tentative map, or any subsequent tentative map, will be constructed.

For purposes of this Chapter, a dwelling unit shall include each single-family dwelling and each habitable unit of an apartment, duplex, condominium project, planned residential development project, stock cooperative and community apartment project defined in Sections 783 and 1351 of the California Civil Code, Section 11003.4 of the Business and Professions Code and or mobile home park or the like, designed as a separate place for habitation of a family in the applicable laws or regulations of the City.

A = 3.0 (DF x No. DU)/1,000

Definition of Terms.

In lieu of dedicating land, the subdivider or developer shall pay a fee equal to the value of the land required to be dedicated by Section 12-105.6 of this Chapter in an amount determined in accordance with the provisions of this Section, if

However, when a condominium project, stock cooperative, or community apartment project, as those terms are defined in Section 1351 of the California Civil Code, exceeds fifty dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty.

Where a fee is required to be paid in lieu of land dedication, such fee shall be equal to an amount for each acre which otherwise would have been required to be dedicated by Section 12-105.6 of this Chapter, which amount is the median fair market value per acre of the land in all public parks of three or more acres within the City if such land were not used for or zoned for park or recreational purposes, but subdivided and zoned for residential use. The amount of fee in lieu of land to be paid shall be determined according to the following formula:

Fair market value of the land required to be dedicated by this Chapter shall be determined by a qualified real estate appraiser selected by the Planning and Building Department Director every two years for an appraisal of the median fair market value per acre of public parks of three acres or larger in residential areas within the City if such land were not used for or zoned for park or recreational purposes and zoned for such use. Such appraisal shall include basic infrastructure abutting the land, such as rough grading, installation of streets, curbs, gutters, street lighting, sidewalks, and installation of available trunk line utility connections, but exclude on-site and other off-site improvements. Such appraisal shall be approved by resolution of the City Council.

When only a portion of the land to be developed or subdivided is designated for park or recreational purposes in the conservation and open space element of the General Plan and Master Plan of Parks of the City, or any applicable Specific Plan, such portion shall be dedicated for park and recreational facility purposes, and a fee computed pursuant to the provisions of Section 12-105.7 shall be paid for any additional land that would have been required to be dedicated pursuant to Section 12-105.6 of this Chapter.

When a major portion of the land for such park or recreational facility site already has been acquired by the City and only a small remaining portion of such site is needed, that remaining portion shall be dedicated pursuant to Section 12-105.6 or fees in lieu of such dedication shall be paid pursuant to Section 12-105.7, and development fees required by Section 12-105.9 also shall be paid for the land comprising the larger portion of such site that would have been required to be dedicated pursuant to Section 12-105.6 of this Chapter.

A credit shall be given against the dedication of land or payment of fees in lieu thereof required by Sections 12-105.6 and 12-105.7 for private space within the subdivision or other residential development which is determined by the Planning Commission to meet the needs of the residents of such subdivision or other residential development. In determining whether credit shall be given for private space the Planning Commission shall consider whether the proposed credit contributes to the overall system of parks and recreational areas created by the major land use development project and results in a balanced system with acceptable mixture of different types of recreational uses of land within the development.

The percent of dedicated land area or in lieu fees for a particular type of recreational use to the total amount of the land that the developer receive credit for shall be in conformity with the guidelines set forth below unless the Planning Commission makes specific findings that due to the uniqueness of the proposed development a deviation from these guidelines would be in the best interest of the City.

Common interest developments, as defined in Section 1351 of the California Civil Code, shall be eligible to receive a credit, as determined by the Planning and Building Department Director pursuant to Section 12-105.11 against the amount of land required to be dedicated, or the amount of the fee in lieu of such dedication imposed by this Chapter, for the value of private space within the development which is usable for active recreational uses.

Any person requesting a credit against the dedication of land for park or recreational purposes or payment of fees in lieu thereof required by Sections 12-105.6 through 12-105.9 of this Chapter shall file a written application therefor with the City Clerk prior to the approval of the tentative map for the subdivision for private open space within the development or subdivision which is usable by the residents for recreational and open space uses. The application shall contain a description of the private open space within the development or subdivision which is usable for such recreational uses, the cost and value thereof, the amount of the in lieu fees paid, the fair market value of land dedicated determined in accordance with Sections 12-105.7 and 12-105.8, the amount of the credit sought, and all documents in support thereof. Upon the filing of said application, the City Clerk shall refer the same to the Planning and Building Department Director, who shall prepare an analysis of the requested credit and provide a recommendation to the Planning Commission within sixty days of the filing of the application. Within thirty days after receipt of such analysis and recommendation by the Planning and Building Department Director, the application shall be set for hearing before the Planning Commission for a determination on the request for a credit.

In order to be eligible for a credit, a residential subdivision or other development must contain private open space that is usable for recreational uses by the residents provided that the Planning Commission makes the findings required in this subsection. For major land development projects, the Planning Commission shall determine credit eligibility based on the total system of park and recreational uses as a whole provided throughout the major land development project. Where private open space for park and recreational purposes is provided in such a proposed subdivision or development and such space is to be privately owned and maintained by the future residents of such subdivision or development, credit shall be granted, on a square foot for square foot basis, against the requirement of this Chapter for land dedication and/or payment of fees in lieu thereof if the Planning Commission finds that it is in the public interest to do so, and all the following standards are met:

The decision of the Planning Commission to grant or deny a credit and the amount thereof shall be based upon the following factors in addition to those for credit eligibility provided in the preceding Section 12-105.11(B):

The amount of the credit determined by the Planning Commission shall not exceed the maximum amount authorized by Section 12-105.10 of this Chapter.

The Planning Commission shall adopt written findings respecting the eligibility of the subdivision or other development for a credit, the availability of a credit for the subdivision or other development, the amount of the credit, if any, based upon the criteria contained in this Chapter.

At the time of approval of the tentative subdivision map or other application for residential development, the Planning Commission shall determine pursuant to this Chapter whether land shall be dedicated and development fees paid, or whether fees in lieu of dedication shall be paid, or both, and the total of such dedication and/or fees, not exceeding the requirements of this Chapter.

When dedication is required, it shall be accomplished in accordance with the provisions of the subdivision map act as implemented by this Chapter and in no event later than approval of the first final map for the development project unless phased dedications are approved by the Planning Commission as part of the comprehensive park plan authorized by Section 12-105.3. When fees are required, the same shall be deposited with the public works department prior to recordation of the final tract map. Open space covenants for private parks or recreational facilities shall be approved by the City Attorney and the Planning and Building Department Director prior to approval of the final subdivision map by the City Council, and shall be recorded simultaneously with such map.

In addition to the dedication and fee payment requirements set forth in 12-105.13(B), the subdivider or developer shall dedicate such land and/or pay such fees prior to the earlier of: (1) issuance of any building permit; or (2) recordation of the final subdivision map for the development of that phase of development or that phase of development as approved pursuant to a comprehensive park plan.