Sebastopol City Zoning Code
17.280 Park
and Recreation Land Dedication and Fees
17.280.010 Authority, purpose, and definitions.
A. Authority. This chapter is enacted pursuant to the Government Code Section 66477 for the purpose of executing and implementing the General Plan and will be applicable upon a resolution by the City Council establishing park and recreation in-lieu fees in accordance with this chapter.
B. Purpose. It is the purpose of this chapter to provide for the acquisition of park land for neighborhood and community parks or recreational purposes through dedication of land or payment of fees in lieu thereof, or a combination of both land dedication and fee payment, and to provide for the development of park and recreation facilities by imposition of fees in connection with the development of new dwelling units.
C. Additional Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter.
1. “Subdivision” means any type of construction, land division or improvement of land which provides for dwelling units identified under the provisions of Government Code Section 66424. “Subdivision” includes any increase in the number of mobile home spaces.
2. “Park factor” means the factor, or ratio, that describes the amount of park land required per dwelling unit based upon the average household size for the applicable dwelling unit type. (Ord. 1111, 2018)
17.280.020 Requirements.
As a condition of approval of a tentative map or parcel map, rezoning, issuance of a building permit, or other discretionary action granting approval for the development of one or more dwelling units, the developer shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, except as set forth in Government Code Section 66477(c)(7) and (8), for neighborhood or community parks or recreational purposes at the time and according to the standards and formulas contained in this chapter; provided, that the land, fees, or combination thereof are to be used only for the purposes of developing new and rehabilitating existing park or recreational facilities to serve the subdivision, pursuant to Government Code Section 66477(a)(3). (Ord. 1111, 2018)
17.280.030 Park and recreational acreage standard.
All new residential development projects and subdivisions shall provide park and recreation property at a minimum of five acres for each 1,000 persons residing within this City. This park and recreational acreage standard reflects the ratio of park land to residents, as set forth in Government Code Section 66477. (Ord. 1111, 2018)
17.280.040 Calculating park and recreational acreage requirement for land dedication.
A. The amount of land to be dedicated shall be determined according to the following formula:
D x P = A, where: | |
D = | the number of dwelling units |
P = | a “park factor” based on unit type (single-family, multifamily, and mobile home) |
A = | the buildable acres to be dedicated |
B. Park Factors.
1. The Planning Director shall establish, and update from time to time, the park factors necessary to determine the acreage of parkland required. The data source for these park factors shall be data for the City of Sebastopol as reported by the U.S. Census Bureau. The park factors shall be calculated based upon the following equation and shall be specific for each of the three types of dwelling units defined above (single-family, multifamily, and mobile home). The household size shall be determined based upon the total population in each dwelling category, divided by the total number of occupied units in that dwelling category:
(Parkland Requirement (e.g., 5 acres) x Household Size | |
(1,000) |
2. In the case of a specific plan or similar plan for a geographic area, the park factors shall be established at the time of adoption of the plan as provided in this section.
C. In multifamily development, the number of dwelling units shall be calculated from the maximum density permitted in the proposed district, as determined from the Zoning Code, including any density bonus, unless the subdivider can demonstrate that the development will contain a lesser number of dwelling units. For tentative parcel maps in multifamily districts, a condition may be added to the tentative parcel map stating that the number of dwelling units may be calculated using the density tentatively approved, and such approval shall not become final until the required land or improvements are dedicated (or fees in lieu thereof are paid by the subdivider) to the satisfaction of the City.
D. Unless a specific written request is made by the applicant, fees shall be payable at the time of the recording of the final map or parcel map. Upon the written request of the applicant, the Planning Commission may recommend and the City Council may add a condition to any map contemplated by subsection C of this section for multifamily development, whether submitted as a parcel map or subdivision map, stating that required land or dedication or improvements or the payment of an in-lieu fee may occur after the recordation of the final or parcel map and that required land or dedication or improvements or the payment of an in-lieu fee shall occur at some later time but not later than prior to the issuance of building permits. (Ord. 1111, 2018)
17.280.050 Formula for fees in lieu of land dedication.
A. If there is no park or recreation facility designated in the General Plan to be located in whole or in part within the proposed subdivision for the purpose of serving the immediate and future needs of the residents of the subdivision, the developer shall, in lieu of dedicating land, pay a fee equal to the fair market value of that land, plus 20 percent toward costs of off-site improvements pursuant to the following formula:
A x V = F | |
where, | |
A = | the amount of land required for dedication as determined by SMC 17.280.040; |
V = | fair market value (per acre) of the property to be subdivided, as determined by this section, plus 20 percent for off-site improvements; and |
F = | the number of dollars to be paid in lieu of dedication of land. |
B. For the purposes of this chapter, off-site improvements are defined as those improvements which would have been required if land had been dedicated using the provisions of SMC 17.280.040.
C. Fees in lieu of land dedication for City park and recreation land shall be established for single-family, multifamily, and mobile home units by resolution of the City Council based on the formula identified in this section. (Ord. 1111, 2018)
17.280.060 Criteria for requiring both dedication and fee.
In subdivisions of: (A) more than 50 parcels, or (B) for a condominium project, stock cooperative, or community apartment project, as those terms are defined in Civil Code Sections 4105, 4125, and 4190, that exceeds 50 dwelling units, the developer shall both dedicate land and/or pay a fee as determined by the City. Projects of 50 dwelling units or less shall not be required to dedicate land. (Ord. 1111, 2018)
17.280.070 Credit for privately owned facilities.
A. The City may grant credit for privately owned and maintained open space or local recreation facilities, or both, in planned communities, residential townhouse units, mobile home developments, and other forms of planned developments; provided, that such property is located within the City. Such credit determination shall be made at the discretion of the City and shall be subtracted from the dedication or fees, or both, provided:
1. Yards, park areas, setbacks, and other open space areas identified for credit shall be maintained in such uses;
2. Provision is made by recorded covenants that the private areas be adequately maintained, including landscaping and equipment, consistent with City standards;
3. The use of private open space or recreation facilities is limited to park and local recreation purposes and shall not be changed to another use without the written consent of the City.
4. Where appropriate, facilities shall be open and available to the public.
B. Land or facilities which may qualify for credit will generally include the following:
1. Open spaces, which are generally defined as parks and parkway areas, ornamental parks, extensive areas with tree coverage, lowlands along streams or areas of rough terrain when such areas are extensive and have natural features worthy of scenic preservation, or open areas on the site in excess of 10,000 square feet;
2. Court areas for tennis, badminton, shuffleboard or similar hard-surfaced areas designed and used exclusively for court games;
3. Recreational swimming areas defined as fenced areas devoted primarily to swimming and diving, including decks, lawn area, user facilities (e.g., changing rooms/locker rooms, showers), or other facilities developed and used exclusively for swimming and diving and consisting of no less than 15 square feet of water surface area for each three percent of the population of the subdivision;
4. Recreation buildings designed and primarily used for the recreational needs of the residents of the development;
5. Special areas defined as areas of scenic or natural beauty, historic sites, hiking, riding or motorless bicycle trails, including pedestrian walkways separated from public roads, planting strips, lake sites, or river beaches, improved access or right-of-way in excess of the requirements of the SMC, and similar types of open space or recreational facilities.
C. Amount of Credit. The categories for credit described in this section shall be given equal weight, with each category not to exceed 20 percent of the total dedication or fee required by a development. The City Council may grant additional credit for each category if there is substantial evidence that:
1. The open space or recreational facility is above average in aesthetic quality, arrangement or design;
2. The open space or recreational facility is clearly proportionately greater in amount or size than required by this title or usually provided in other similar types of development; or
3. The open space or recreational facility is situated so as to complement open space or local recreational facilities in other private or public developments. (Ord. 1111, 2018)
17.280.080 Procedure.
At the time of approval of a tentative map or tentative parcel map, rezoning, issuance of a building permit, or any other discretionary approval of development, the decision-making body shall, pursuant to this chapter, require the dedication of land or payment of fees in lieu thereof and the payment of fees for park development.
Dedications of land shall be made on the final subdivision map. Fees in lieu of land dedication and fees for park development shall be calculated and paid at the time of issuance of the building permit using the formulas set forth in this chapter.
Open space covenants for private park or recreation facilities shall be submitted to the City prior to approval of the final or parcel map and shall be recorded contemporaneously with the final or parcel map. (Ord. 1111, 2018)
17.280.090 Exemptions.
Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this chapter; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels the fee may be required to be paid by the owner of each such parcel as condition to the issuance of such permit. (Ord. 1111, 2018)
17.280.100 Developer-provided park and recreation improvements.
After the decision-making body determines the land required for dedication and/or in-lieu fee payment by the developer, the developer may apply to the City for permission to construct specified park and recreation improvements on land of the developer required for dedication or on other land within the same City service area to be developed as a park. If the City grants the developer permission for construction of specified parks and recreation improvements on the land, the Department shall fix the dollar value of the parks and recreation improvements approved by the Department. The dollar value of park and recreation improvements provided by the developer in the manner described in this chapter shall be credited against the fees required by this chapter. (Ord. 1111, 2018)
17.280.110 Access.
All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the decision-making body if the decision-making body determines that public street access is unnecessary for maintenance of the park area or use thereof by residents. (Ord. 1111, 2018)