This Chapter provides for the dedication of land and/or the payment of fees to the Rancho Simi Park and Recreation District for park and recreational purposes as a condition of the approval of a Tentative Map. This Chapter is enacted as authorized by the provisions of Map Act Chapter 4, Article 3 also known as the "Quimby Act."

(§ 5, Ord. 1085, eff. January 6, 2006)

The provisions of this Chapter shall apply to all subdivisions except a subdivision expressly excluded by Map Act Section 66477 from the requirement of the dedication of land, payment of a fee in lieu thereof, or a combination of both, for park and recreational purposes as a condition of approval.

(§ 5, Ord. 1085, eff. January 6, 2006)

Any ordinance enacted by the City, including this Article, that changes the amount of land which shall be dedicated by a subdivider for park and recreational purposes, or changes the amount of a fee to be paid in lieu thereof, or changes both requirements, shall only apply to a subdivision for which a Tentative Tract Map or Tentative Parcel Map has been filed with the City on or after 30 days after the effective date of the ordinance making the change or changes.

(§ 5, Ord. 1085, eff. January 6, 2006)

As a condition of the approval of a Parcel Map or Final Map, every subdivider shall dedicate a portion of the land, pay a fee in lieu thereof, or a combination of both, as required by this Article, for the purpose of establishing and developing park and recreational facilities to serve the future residents of the divided property.

(§ 5, Ord. 1085, eff. January 6, 2006)

Based upon the standards of the Recreation Element of the General Plan, it is hereby found and determined that the public interest, convenience, health, welfare, and safety require that five acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes, exclusive of and in addition to school lands used cooperatively for recreational purposes.

A.

Population density. For the purposes of this Article, population density shall be determined as follows, based on the most recent data available in the form of the Federal and State census and studies of population density in the County and City. The density shall be determined by the City at the time it issues a Zoning Clearance in compliance with the following:

1.

Single-family dwelling units: 3.97 persons per dwelling unit;

2.

Multi-family dwelling units:

a.

1.7 persons per one-bedroom/bachelor dwelling unit;

b.

2.45 persons per two bedroom dwelling unit;

c.

3.8 persons per three bedroom dwelling unit;

3.

Mobile homes: 2.03 persons per dwelling unit; and

4.

Senior citizen dwelling units: 1.7 persons per dwelling unit.

B.

Determinations of numbers of bedrooms.

1.

For the purposes of this Section, when a room (e.g., den, study, or sewing room) is provided in conjunction with a one bedroom/bachelor dwelling unit, and the room meets the Uniform Building Code definition of a habitable room, the room shall be considered a bedroom.

2.

When a room (e.g., den, study, or sewing room) is provided in conjunction with a two-bedroom dwelling unit, and the room meets the Uniform Building Code definition of a habitable room, the additional room shall not be considered as a den, study, or sewing room, but as a bedroom if a wardrobe, closet, or similar facility normally found in a bedroom is proposed and if the room is constructed in a manner that 50 percent or less of one wall is open to an adjacent room or hallway.

3.

If the City, as part of its issuance of a Zoning Clearance determines that a room can be converted to a bedroom, the room shall be considered a bedroom.

C.

Determinations of density.

1.

The basis for determining the total number of dwelling units or bedrooms shall be the number of the units or bedrooms allowed by the City on the land included within the subdivision at the time the City issues a Zoning Clearance.

2.

The basis for determining the number of bedrooms per dwelling unit shall be the number of the rooms as determined from data submitted to the City and the District by the subdivider and the review and evaluation of the data and the project by the City and the District.

3.

Where no data is provided, dwelling units shall be treated, for the purpose of determining density, as single-family dwelling units.

(§ 5, Ord. 1085, eff. January 6, 2006)

The amount of land required to be dedicated by a subdivider in compliance with the provisions of this Chapter shall be based upon the population generated by the subdivision and shall be computed on the basis of five acres per 1,000 persons. The number of persons anticipated shall be determined by a computation in compliance with the following formula: the number of dwelling units within the subdivision multiplied by population density (number of persons anticipated to reside within each dwelling unit) as identified in Section 9-68.050. The number of persons anticipated to reside within the subdivision according to the computation shall be divided by 1,000, and the result shall be multiplied by five to determine the amount of acreage to be dedicated.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

If it is determined that a fee shall be paid in lieu of the dedication of land, the amount of the fee shall be based upon the fair market value of the amount of land, as determined from the Table of Values, which would otherwise be required to be dedicated in compliance with Section 9-70.060 and shall be determined in compliance with the following formula: the number of acres of land that would otherwise be required to be dedicated multiplied by the value of an acre of land within the subdivision as determined from the established Table of Values.

B.

The computation of the fair market value of an acre of land within the subdivision based upon established ranges in the Table of Values shall be consistent with the zoning of the property at the time the Zoning Clearance is issued by the City and shall be based on the following procedure:

1.

The City, District, and the subdivider may negotiate and thereafter agree as to the fair market value; or

2.

If an agreement cannot be reached, a subdivider at the subdivider's own expense, may obtain an appraisal of the land by a real estate appraiser, which appraisal may be accepted by the City and District if found to be reasonable; or

3.

If the City and District are not satisfied with the subdivider's appraisal, they may cause an appraisal to be made of the land, which appraisal shall utilize generally accepted and recognized methods of real estate appraisal.

C.

Unless a subdivider retains an appraiser, the City and District's determination of fair market value, shall be final and conclusive. If the City and District do not accept a subdivider's appraisal, their subsequent appraisal in compliance with Subsection (B)(3) shall be final and conclusive.

D.

This land value procedure shall be reviewed on an annual basis and shall be adjusted to current values on a no less than biennial basis. At the time of the annual review, if land values have not changed in either direction up or down, by at least five percent, no change shall be undertaken until the time of the biennial review.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Offsite improvements with dedication of land. If a subdivider is required to dedicate land in compliance with Section 9-68.060, and any property line of the land to be dedicated abuts any street right-of-way, the subdivider shall be required by a condition of Tentative Map approval to improve the street frontages at the time of Final Tract Map or Final Parcel Map approval, with curbs, gutters, sidewalks, drainage facilities, lights, matching pavement, street trees, the relocation of existing public utility facilities, and the stubbing in of requested utility line services, all to full City standards. At the discretion of the City, however, and with the concurrence of the District, in lieu of providing the improvements, the subdivider shall pay a sum equal to 20 percent of the value of the land, as determined from the established Table of Values, dedicated to pay the District's costs of constructing the improvements. If the subdivider provides park and recreational improvements to the dedicated land in excess of local standards and/or subdivider-agency agreements, the value of the park and recreation improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this Chapter. Before the City issues a Zoning Clearance, the City and District shall jointly determine the manner in which a subdivider shall comply with the requirements of this Chapter.

B.

Offsite improvements with payment of in-lieu fee.

1.

If a subdivider is required to pay a fee in lieu of dedicating land for park and recreational purposes in compliance with Section 9-68.070, and the park site the District proposes to acquire with all or part of the fee is offsite and bounded on one or more sides by, or abuts, any street frontage, the subdivider, at the time the Zoning Clearance is issued by the City, shall be obligated, by a condition of approval to improve the frontage with curbs, gutters, sidewalks, drainage facilities, lights, matching pavement, street trees, the relocation of existing public utility facilities, and the stubbing in of requested utility line services, all to full City standards.

2.

Before the time the City issues a Zoning Clearance the City and District shall jointly determine the manner in which a subdivider shall comply with the requirements of this Chapter. At the discretion of the City, and with the concurrence of the District, a subdivider may fulfill the requirements of this Chapter by:

a.

Actually constructing the offsite improvements identified in Subsection (B)(1) on a prorated basis in the same ratio as the fee paid in lieu of dedication bears to the total cost of the planned park site; or

b.

Paying a sum equal to 20 percent of the total amount of the subdivider's in lieu payment to cover the Districts costs in constructing the offsite improvements.

(§ 5, Ord. 1085, eff. January 6, 2006)

The following procedure shall determine whether a subdivider shall dedicate land, pay a fee, or both.

A.

At the time of application for Tentative Map approval, the subdivider shall indicate whether the subdivider desires to dedicate property for park and recreational purposes, whether the subdivider desires to pay a fee in lieu thereof, or a combination of both. If the subdivider desires to dedicate land for the purposes, the subdivider shall designate the area thereof on the Tentative Map following consultation with the City and District as to the appropriate location and size of the area proposed to be dedicated.

B.

The City and District shall jointly determine, before approval of the Tentative Map, whether to require a subdivider to dedicate land, pay a fee in lieu thereof, or a combination of both.

C.

The decision of the City and District in this regard shall be governed by consideration of the following:

1.

Adherence to the Recreation Element of the General Plan;

2.

The topography, geology, access, and location of the land in the subdivision available for dedication;

3.

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

4.

The location of existing or proposed park sites and trailways.

D.

Nothing in this Chapter shall be interpreted to prohibit, or limit in any manner, the City and District from determining the location and configuration of the land to be dedicated.

E.

The joint determination of the City and District, made at the time of Tentative Map approval, that land shall be dedicated, a fee paid in lieu thereof, or a combination of both, as well as the manner in which the subdivider shall meet the requirements identified in Sections 9-68.060 and 9-68.070 shall be final and conclusive.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Where dedication is required, it shall be accomplished in compliance with the provisions of the Map Act. Real property dedicated in compliance with the provisions of this Section shall be conveyed by grant deed in fee simple to the District by the subdivider free and clear of all encumbrances, except those which will not interfere with the use of the property for park and recreational purposes and which the District agrees to accept. Deeds required to be given shall be deposited with the District before the time of approval of the Final Tract Map or Final Parcel Map by the City. The deeds shall be held in trust by the District until the time the Final Tract Map or Final Parcel Map is approved. If the map is not approved by the City, or the application is withdrawn by the subdivider before the City's approval, the deeds shall be returned to the subdivider. If the map is approved, the deeds received may be recorded by the District. The subdivider shall secure for the District title insurance in an amount equal to the value of the property dedicated.

B.

Any fee paid in lieu of the dedication of real property shall be deposited with the District before the time the Final Map or Parcel Map is approved by the City. The fee shall be held in trust by the District until the time the map is recorded. If the map is not recorded prior to expiration or the application is withdrawn by the subdivider, the fee shall be returned to the subdivider or a credit given, as provided in Section 9-68.110. If the map is recorded, the District shall retain the fee. Any fee collected under the ordinance shall be committed within five years after the payment of the fees or the issuance of Building Permits on one-half of the parcels created by the subdivision, whichever occurs later. The District shall use the fee to provide park or recreational facilities to serve the subdivision. Fees conveyed to the District shall be expended only within the City limits, unless the City approves the expenditure of the fees outside the City limits, and the District shall maintain appropriate records to so indicate.

(§ 5, Ord. 1085, eff. January 6, 2006)

If a subdivider does not record a Final Map or Parcel Map prior to expiration or withdraws the application, the District, at its option, shall in lieu of return of deeds and/or fees required by this Chapter, allow the subdivider a credit for the land dedicated, fees paid, or a combination of both, with the qualification that the credit shall only be applied to the land included within the boundaries of the previously approved Tentative Tract Map or Tentative Parcel Map.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

If it is determined that a subdivider shall dedicate land in order to satisfy the provisions of this Chapter, the City may, at the time of approval of the Tentative Tract Map or Tentative Parcel Map, allow certain exceptions to be made from one or more or all of the following requirements:

1.

The land to be conveyed to the District for park and recreational purposes actually be located within the boundaries of the proposed subdivision as shown by the Tentative Tract Map, or Tentative Parcel Map, submitted to the City for approval;

2.

The land to be conveyed to the District, assuming it is to be located outside the boundaries of the proposed subdivision actually be owned by the subdivider or that the subdivider have an interest in the land;

3.

The land, assuming it is to be located outside the boundaries of the proposed subdivision actually be conveyed to the District before the time of Final Map or Parcel Map approval; and

4.

The subdivider be obligated to construct, or pay the Districts costs of constructing, offsite improvements in compliance with the provisions of either Section 9-68.080.

B.

The City and District shall only allow exceptions from the requirements of this Chapter if substantial evidence introduced at the public hearing on the subdivider's Tentative Tract Map or Tentative Parcel Map shows that all of the following criteria have been met:

1.

The amount of land to be conveyed to the District by a third person on behalf of a subdivider be, at a minimum, at least equal to the amount of land which the subdivider would ordinarily have been required to dedicate in compliance with the provisions of Section 9-68.060;

2.

The location of the land to be conveyed to the District by a third person on behalf of a subdivider is consistent with the Recreation Element of the General Plan and of the District's General Plan;

3.

The District intends to use the land conveyed to it for the development of a park or other recreational facilities to serve the residents of the proposed subdivision; and

4.

The exception will not impair the public health, safety, and welfare.

C.

Any exception shall only be authorized by the City as an alternative to the normal requirement of the dedication of land located within the boundaries of a subdivision. If, for any reason, at any time during the process of the issuance of the Zoning Clearance the person arranging the conveyance of real property to the District on behalf of a subdivider cannot complete the transaction, the subdivider shall be required to comply with all provisions of this Section regarding the dedication of land within the boundaries of the subdivision, the payment of a fee in lieu thereof, or a combination of both as well as constructing or paying the cost of constructing offsite improvements. In this case, the City and District shall jointly determine how the subdivider shall comply with the provisions of this Chapter, and the Zoning Clearance shall not be approved by the City until the requirements have been met.

D.

If the City allows exceptions to be made from one or more or all of the requirements of this Chapter, the City, may require the subdivider to post with the District a bond, or other form of security, which is jointly acceptable to the City and District, conditioned on the subdivider's faithful performance of all of the requirements imposed by the City as a condition of approval.

E.

If the City allows an exception to the requirements of this Chapter per Subsection (A)(2), the City shall require the subdivider to enter into a written agreement with the District and with the third person conveying land to the District on behalf of the subdivider, which agreement shall address the criteria identified in Subsection B. The agreement shall be subject to the approval of the City.

(§ 5, Ord. 1085, eff. January 6, 2006)

The land and fees received in compliance with this Chapter shall be used only for providing park and recreational facilities, and the amount and location of land to be dedicated, the fees to be paid in lieu thereof, or a combination of both, as well as the provision by a subdivider of offsite improvements, shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision development.

(§ 5, Ord. 1085, eff. January 6, 2006)