This division is enacted under Government Code Section 66477.

(Prior code § 8-6201)

The park and recreational facilities, for which dedication of land or payment of a fee or both are required, shall be in accordance with the recreation, park and open space elements of the general plan.

(Prior code § 8-6202)

The town council may from time to time, by resolution, issue regulations to establish administration, procedures, interpretation and policy direction under this chapter.

(Prior code § 8-6203)

The parks and recreation commission is charged with determining the adequacy and sufficiency of parks and recreation facilities in relation to credit as provided in Article 4 of this chapter. The planning commission is charged with determining the appropriateness of parks and recreation facilities in relation to land use and circulation. The town council makes the final determination regarding credit or partial credit as specified in Section 8.140.200.

(Prior code § 8-6204)

As a condition of approval of a tentative map or parcel map (referred to in this chapter as "development"), the developer of land for residential use, excluding that land which is exempt as provided in the Subdivision Map Act, shall dedicate land, pay a fee in lieu thereof, or do a combination of both, for neighborhood and community park or recreational purposes.

(Prior code § 8-6210)

As a condition of approval of a permit to build a principal residential structure, including but not limited to a multiple-family structure or mobile home, an owner shall dedicate land, pay a fee in lieu thereof, or do a combination of both, for neighborhood and community park or recreational purposes in accordance with the same standards as if a final map or parcel map were required. A principal residential structure does not include a building comprised of college dormitory facilities.

(Prior code § 8-6211)

The amount of land to be dedicated, or the fees to be paid, shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the development.

The amount of land dedicated or fees paid is based upon the residential density, which shall be determined on the basis of the tentative map and the average household size.

The dedication of land, or the payment of fees, or both, shall be the proportionate amount necessary to provide three acres of park area per one thousand (1,000) persons residing within a subdivision.

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

(Prior code § 8-6220; Ord. No. 262, § 2, 5-25-2016)

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

A.

The town requirement of three acres per one thousand (1,000) persons is the same as .003 acre (or one hundred thirty-one (131) square feet) per person.

B.

The average number of persons per dwelling unit for the following household classifications shall be as established in the adopted 2016 Development Impact Fee Nexus Study, or as such study may be updated and adopted by the town council from time to time:

i.

Single Family Detached

ii.

Single Family Attached/Townhouse

iii.

Multi-Family/Mixed Use

iv.

Senior Housing

v.

Miscellaneous (Residential)

C.

The amount of land to be dedicated is determined by the following formula:

For example, the area required for dedication for a subdivision of one hundred (100) single-family residential units, with an average number of persons per dwelling unit of 3.40 would be:

100 × 3.40 × .003 = 1.02 acres

(Example calculation only, actual persons per dwelling unit to be determined per Section B., above)

(Ord. 221 § 1 (part), 2008; Ord. No. 262, § 3, 5-25-2016)

A.

General Formula. When a fee is to be paid in lieu of land dedication, the fee shall be equal to the value of the land prescribed for dedication in Section 8.140.080 and in an amount determined in accordance with subsection B of this section.

B.

Amount of Fee. When a fee is to be paid in lieu of parkland dedication, the amount of the fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication under Section 8.140.080, as established in the adopted 2016 Development Impact Fee Nexus Study, or as such study may be updated and adopted by the town council from time to time.

C.

Fees in Lieu of Land—Fifty (50) Parcels or Less. Only the payment of fees, not the dedication of land, may be required in subdivisions containing fifty (50) parcels or less.

However, nothing in this subsection precludes the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the town council.

(Ord. 221 § 1 (part), 2008; Ord. No. 262, § 3, 5-25-2016)

The town council may approve a combination of fee payment and land dedication.

(Prior code § 8-6224)

In common interest developments (as defined in Section 1351 of the Civil Code), where private open space or recreational facilities within the development, usable for active recreational uses, is provided and such area is to be privately owned and maintained by the future owner(s) of the development, the town council after recommendations from the parks and recreation commission, may give partial credit, not to exceed fifty (50) percent, against the requirement of land dedication or payment of fees. An application for partial credit must be made to the parks and recreation commission, with a copy to the planning commission, no later than at the time the tentative map is submitted for official town review. Following action by the planning commission on the tentative map, the question of partial credit shall be scheduled for consideration by the town council. Partial credit may be given only if the town council finds that it is in the public interest to do so and that the standards set forth in Section 8.140.120 are met.

(Ord. 178 § 4, 2000: prior code § 8-6230)

The standards for partial credit are that:

A.

Yards, median strips, setbacks and other open areas or landscaping required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such credit;

B.

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

C.

The use of the private open space and facilities is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be amended or eliminated without the consent of the town, or its successor;

D.

The proposed private open space and facilities are reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;

E.

Those elements proposed for the area are in substantial accordance with the provisions of the park and recreation elements of the general plan; and

F.

The open space and/or facility for which credit is given is usable for active recreational uses and satisfies the requirements of subdivision 1 or 2 of this subsection or a combination thereof:

1.

A minimum of two contiguous areas which provide a minimum of four of the elements listed below:

* These bicycle, hiking and/or equestrian trails refer to neighborhood trails used primarily by residents living inside the proposed subdivision, but which may join a community or regional trail system. (Under California Government Code Section 66475.5 a developer of over two hundred (200) parcels may be required to dedicate bicycle paths.)

2.

Other recreational improvements as agreed to by the parks and recreation commission that meet the specific recreation and park needs of the future residents of the development.

(Prior code § 8-6231)

The town council, upon recommendation from the parks and recreation commission, may give full or partial credit against the requirement of land dedication or payment of fees for on and off-site public park and open space projects which the council finds are of major benefit to the entire community and which are dedicated for a public use. However, credit for public bicycle, hiking and/or equestrian trails may not exceed fifty (50) percent. "Public trails," as used in this section, are those used on a regional or community-wide basis or which serve as a major artery for a community or regional trail system, and which are used primarily by residents living outside the subdivision.

If a subdivider provides park and recreational improvements to the dedicated land which are acceptable to the parks and recreation commission, the value of the improvements shall be a credit against the payment of fees or dedication of land.

The town council, upon recommendation from the parks and recreation commission, shall make the final determination as to credit given under this section.

(Prior code § 8-6232)

A.

General. The requirements of this chapter may be reduced for a senior citizen residential, development in accordance with this section. Such a modification, if granted, may constitute a financial incentive (alternative to a density bonus) under Government Code Section 65915(a).

B.

Definitions. A "senior citizen residential development" is a development in which ninety (90) percent or more of the residential units are constructed specifically for senior citizens. A "senior citizen" means a person fifty-five (55) years of age or older. A development may qualify for modification under this section if the senior citizen use is established by either: (1) the nature of the proposed use, e.g., a convalescent hospital; or (2) a recorded deed restriction providing for senior citizen use for a period of at least thirty (30) years, in a form acceptable to the town attorney. Only multiple dwelling units with common kitchen and dining facilities will be considered for credit under this section.

C.

Criteria. The town may reduce the requirements for the dedication of land or payment of fees for a senior citizen residential development based upon the following criteria:

1.

The percentage of units proposed for use by senior citizens;

2.

The projected use of town park and recreational facilities by residents;

3.

If applicable, the degree to which the town will provide either a density bonus or other incentives under Government Code section 65915;

4.

The projected use of the proposed facilities by the residents of the town, e.g., senior citizens' programs and facilities open to the general public.

D.

Procedure. Before a development is granted a modification under this section: (1) the planning commission must determine whether it qualifies as a senior citizen residential development; (2) the parks and recreation commission shall evaluate the factors in subsection C of this section and make a recommendation to the town council; and (3) the town council shall, by resolution, determine the amount of land to be dedicated or fee to be paid.

(Prior code § 8-6233)

The land or fees or both shall be used only for the purpose of developing new or rehabilitating existing park or recreational facilities which will serve or be available to future residents of the development.

(Prior code § 8-6240)

Before town approval of a final map, the parks and recreation commission shall provide a schedule specifying how, when and where the town will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision.

(Prior code § 8-6241)

All land dedicated or fees paid shall be held by the town only for the purposes described in Section 8.140.150. 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. If such fees are not committed, such uncommitted funds shall be distributed among 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 within the subdivision. For the purposes of this chapter, "committed" means that the fees have been encumbered by contract, conveyed or paid for a specific project, to accomplish a specific purpose within the scope of Section 8.140.150.

(Prior code § 8-6242)

At the time of the submittal of a tentative map for official town review or application for building permit when no map is required, the developer shall, as part of such filing or application, indicate whether he or she prefers to dedicate land or facilities or both for park and recreation purposes, or to pay a fee in lieu thereof, or do a combination of these. If the developer prefers to dedicate land, the specific land shall be recommended. The developer must clearly identify those elements for which he is requesting partial credit. Additionally, the developer shall provide evidence as to how the dedicated facilities or land are to be maintained.

(Prior code § 8-6250)

At the time of approval of a tentative or parcel map, the town council, upon recommendations of the parks and recreation and planning commissions, shall determine whether to require a dedication of land, payment of a fee in lieu thereof, or a combination of both. In making this determination, the town council shall consider the following factors:

A.

Whether or not lands offered for dedication will substantially comply with the recreation, parks and open space elements of the general plan;

B.

The topography, soils, soil stability, drainage, access, location and general utility of the land in the development available for dedication;

C.

The size and shape of the development and land available for dedication;

D.

The potential use of adjacent land (i.e., school playgrounds or public park lands) in combination with dedicated lands for the development of local park and recreation facilities and open space;

E.

The space or local park and recreation facilities to be privately owned and maintained by future residents of the development; and

F.

Credit to be given under Article 4 of this chapter.

(Prior code § 8-6251)

The determination of the town council to require land dedication, payment of a fee, or a combination of both, and the amount of partial credit to be given, is final and conclusive.

(Prior code § 8-6252)

A.

Land. When land is to be dedicated, it shall be offered for dedication in the manner provided for by law for the dedication of streets and other easements. When a recorded covenant concerning the ownership, maintenance or use of private areas and facilities for park and recreational purposes under Section 8.140.120(B) or (C) is required, the covenant shall be submitted to the town for approval before approval of the final map, parcel map or building permit, whichever occurs first. Such covenants shall be recorded at the same time as the final or parcel map, or if there is no map, when the building permit is issued.

B.

Fees. When a fee is required, it shall be paid to the park dedication fund of the town at the time of the recording of the final map or parcel map or issuance of a building permit, whichever occurs first.

(Prior code § 8-6253)

When a development project (as shown on a tentative map) exceeds seventy-five (75) dwelling units, the developer may pay the park dedication fees in increments as provided in this section.

The incremental payments shall be made as follows:

A.

The fees for twenty-five (25) percent of the dwelling units shown on a final map shall be paid when that final map is approved.

B.

The fees due on the remaining seventy-five (75) percent of the units shall all be paid when the first building permit is applied for.

(Prior code § 8-6254)

At the time the town approves the final map, parcel map or building permit, the town shall designate when the developer must begin and complete development of the park and recreational facilities, including either on site or off site improvements. A report of same shall be made to the planning commission and parks and recreation commission.

(Prior code § 8-6255)

The fees and interest earned thereon shall be accounted for by the town until committed by the town.

(Prior code § 8-6256)

The parks and recreation commission shall make recommendations to the town council concerning maintenance and public liability associated with each dedication of land or facilities.

(Prior code § 8-6257)

A.

If the land in a final subdivision map or parcel map is reverted to acreage and the fees paid have not been committed, the town council may order return of the fees and interest earned thereon, less administration costs, upon written request of the applicant.

B.

If a building permit is cancelled or voided and the fees have not been committed, the town council may order return of the fee and interest earned thereon, less administration costs, upon written request of the applicant.

(Prior code § 8-6258)

A.

A permit to repair or rebuild a dwelling unit damaged by act of God, fire, or other natural disaster, is exempt from this chapter if the permit to rebuild is applied for within one year of the damage or destruction.

B.

This chapter does not apply to subdivisions containing less than five parcels and not used for residential purposes. However, the town shall place the following condition on the parcel map approval of such a subdivision:

If, within four years, a building permit is requested for construction of a residential structure on one or more of the parcels, the owner of each parcel is required to comply with this chapter before the permit is issued.

C.

This chapter does not apply to commercial or industrial subdivisions; nor does it apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building if that building is more than five years old and no new dwelling units are added.

(Prior code § 8-6259)