(a) 
The dedication requirements specified by this chapter are imposed under the authority of Section 66475 of the Subdivision Map Act, and shall apply to all final maps and parcel maps unless exempted from specific dedication requirements by the Subdivision Map Act or this title.
(b) 
All dedications of property to the City for public purposes shall be made as an irrevocable offer of dedication, except that, at the City's discretion, a grant of easement may be accepted for the following purposes: streets, alleys, open space easements, scenic easements, street tree easements, or public utilities. The City may elect to accept a dedication in fee title in lieu of an irrevocable offer of dedication for items such as park sites and public use areas.
(c) 
The provisions of this chapter may be imposed as necessary on projects not involving a subdivision in order to implement the provisions of the General Plan.
(Ord. 94-29, eff. 12/15/94)
(a) 
Required Dedications.
(1) 
As a condition of approval of an official tentative map, and consistent with applicable laws, the subdivider shall, as part of the final or parcel map process, dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights, drainage, public open space, multi-purpose trails, bicycle paths as provided in Section 66475.1 of the Subdivision Map Act, public service and utility easements, local transit facilities as provided by Section 66475.2 of the Subdivision Map Act, common area landscaping, street tree easements, and other public easements.
(2) 
In addition, consistent with applicable laws, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public open space, multi-purpose trails, bicycle paths, public service and utility easements, local transit facilities, street tree easements, common area landscaping, and other public easements.
(3) 
Improvements shall be in accordance with Chapter 8 of this title. (Reference: Government Code Section 66475).
(b) 
Waiver of Direct Access Rights.
(1) 
The City may require as a condition of approval of an official tentative map that dedication, or offers of dedication of streets, include a waiver of direct access rights to any such street from any property within or abutting the subdivision.
(2) 
Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions. (Reference: Government Code Section 66476).
(c) 
Acceptance or Rejection.
At the time of approval of the final or parcel map, the City Council shall accept, accept subject to improvement, or reject any offer of dedication. The City Clerk shall certify on the map the action of the City Council. Offers of dedication shall be rejected and terminated as provided by Sections 66477.1 and 66477.2 of the Subdivision Map Act.
(Ord. 94-29, eff. 12/15/94)
(a) 
As a condition of approval of an official tentative map, the subdivider may be required to reserve areas of real property within the subdivision for parks, recreational facilities, fire stations, libraries, or other public uses, subject to the following:
(1) 
The requirement is based upon an adopted specific plan or an adopted general plan containing policies and standards for those uses, and the required reservations are in accordance with those polices and standards.
(2) 
The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.
(3) 
The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible.
(b) 
The reserved area shall conform to the adopted specific or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that the land is not acquired within the prescribed period.
(c) 
Nothing in this section shall be construed to limit the authority of the City to levy fees pursuant to this title and the City's Municipal Code. (Reference: Government Code Section 66479 et seq.).
(Ord. 94-29, eff. 12/15/94)
The City may require the dedication of land for school purposes pursuant to Section 66478 of the Government Code. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the official tentative map. (Reference: Government Code Section 66478).
(Ord. 94-29, eff. 12/15/94)
(a) 
General.
(1) 
This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the City and is for the purpose of providing such additional park and recreational facilities and open space as appropriate pursuant to the General Plan. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the policies, objectives, and standards for park and recreational facilities contained in the General Plan.
(2) 
For the purpose of this section, "Subdivision In-Lieu Fee" shall mean either of the following:
(A) 
For all subdivisions noted in Section 11-9.05(b)(1), the subdivision in-lieu fee means the Quimby Act provisions of Government Code Section 66410 et seq. and of Chapter 9 of this title.
(B) 
For all residential developments not being subdivided as noted in Section 11-9.05(b)(2), the subdivision in-lieu fee means the fee provisions of Chapter 9 of this title.
The subdivision in-lieu fee is not the same as the residential development tax (Chapter 7 of Title 3) or the recreation and parks mitigation fee (Section 19 of Chapter 15 of Title 8).
(b) 
Applicability.
(1) 
The provisions of this section shall apply to all subdivisions with the exception of the following:
(A) 
Commercial or industrial subdivisions.
(B) 
Condominium projects or stock cooperative projects which consist of the subdivision of airspace within an existing apartment building which is more than five years old and by which no new dwelling units are added.
(C) 
Official tentative maps containing four or fewer parcels and not used for residential purposes. However, a condition may be placed on the approval of the official tentative map to the effect that if a building permit is requested for construction of a residential structure or structures on one or more of the lots within four years, the fee which is required at the time of building permit issuance may be required to be paid by the owner of each such parcel as a condition to the issuance of the building permit. (Reference: Government Code Section 66477).
(2) 
The provisions of this section shall apply to residential developments which are not being subdivided and have not previously been assessed fees pursuant to the provisions of this section. The exactions imposed upon these developments shall be paid at the earliest time allowed by law.
(c) 
Requirements.
(1) 
As a condition of approval of an official tentative map, the subdivider shall dedicate land to the City, pay a subdivision in-lieu fee to the City, or a combination of both, at the option of the City, for park or recreational purposes at the time and according to the standards described in Section 11-9.05(d) of this chapter. Dedications and/or fees acquired for park and recreational uses shall be used as follows:
(A) 
To compensate the City for the cost of providing for the rehabilitation or construction of new park and recreational facilities; or
(B) 
To provide park and recreational facilities that will reasonably serve the residents of the development from which the exaction was obtained, and the amount and location of the fee and /or land shall bear a reasonable relationship to the use of the park and recreational facilities by those future residents.
(2) 
Any fee collected shall be committed within five years after the payment of such fee, or in the case of a subdivision, when building permits are issued on 1/2 of the lots created, whichever occurs later.
(3) 
Any fee not committed shall be reimbursed to the then record owners of the subdivision pursuant to the procedure set forth in Government Code Section 66477(f). (Reference: Government Code Section 66477).
(d) 
Standards for Calculating Parkland Dedication or Fees.
(1) 
The amount of the subdivision in-lieu fee or the amount of land to be dedicated, or both, shall be based upon the residential density of the site and the average household size according to the following standards:
(A) 
Residential density shall be the total number of units proposed on the property by the official tentative map filed for Planning Commission action. In the case of a condominium project, the number of dwelling units shall be the number of condominium units.
(B) 
The average household size reflects the average for the area based on the latest Federal Census.
(C) 
The dedication of land, or the payment of fees, or both, shall not exceed the proportionate amount necessary to provide three acres of park area per 1,000 persons residing within a subdivision, unless the amount of existing neighborhood and community park area, as calculated pursuant to this section, exceeds that limit, in which case the City Council may adopt the calculated amount as a higher standard not to exceed five acres per 1,000 persons residing within a subdivision.
(D) 
The park area per 1,000 members of the population of the City shall be derived from the ratio of the amount of neighborhood and community park acreage bears to the total population of the City as shown in the most recent available Federal Census. The amount of neighborhood and community park acreage shall be the actual acreage of these parks within the City as shown on its records, plans, recreational element, maps, or reports as of the date of the most recent available Federal Census.
(E) 
Only subdivision in-lieu fees, as calculated in this chapter, may be required of developments of 50 lots or fewer, except that when a condominium project, stock cooperative, or community apartment exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. However, nothing in this chapter shall prohibit the dedication and acceptance of land for park and recreation purposes in developments of 50 lots or fewer, where the subdivider proposes such dedication voluntarily and the land is acceptable to the City.
(2) 
The in-lieu fee per acre shall be based on the Citywide average fair market value of land that would be dedicated. The value per acre may be amended by resolution of the City Council on the basis of a Citywide appraisal; information provided by the Director of Recreation and Parks. The value per acre may be amended no more than every 12 months. (Reference: Government Code Section 66477).
(e) 
Determination of Land or Fee.
(1) 
Whether the City accepts land dedication, or elects to require the payment of the subdivision in-lieu fee, or a combination of both, shall be determined by consideration of the following:
(A) 
The policies, objectives, and standards for park and recreation facilities in the City's General Plan;
(B) 
The topography, geology, and location of and access to land in the subdivision available for dedication;
(C) 
The size and shape of the subdivision and land available for dedication;
(D) 
The feasibility of dedication;
(E) 
The availability of previously-acquired park property; and
(F) 
The location of existing or proposed park sites and recreation trails.
(2) 
The determination by the City Council as to whether land shall be dedicated, or the subdivision in-lieu fee shall be charged, or a combination of both, shall be final and conclusive. (Reference: Government Code Section 66477).
(f) 
Procedure.
(1) 
At the time of approval or conditional approval of the official tentative map, the Planning Commission shall determine, based on recommendations from the Director of Recreation and Parks, whether land, subdivision in-lieu fees, or a combination of both, shall be dedicated and/or paid by the subdivider.
(2) 
The Planning Commission may approve, modify, or disapprove the recommendation of the Director of Recreation and Parks.
(3) 
The recommendation of the Director of Recreation and Parks shall include the following:
(A) 
The amount of land required, or that the subdivision in-lieu fee be charged instead of the dedication, or that a combination of land and fee be required; and
(B) 
The location of the park land and, where appropriate, the siting and conceptual design of the park facilities thereto, to be dedicated or used in lieu of fees; and
(C) 
The approximate time when the development of the park or recreation facility shall commence in the case of land dedication.
(4) 
Where dedication is required, the dedication shall be accomplished in accordance with the Subdivision Map Act and this title, and such land shall be conveyed to the City.
(5) 
Where subdivision in-lieu fees are required, they are due and payable to the City at the time of building permit issuance.
(6) 
Open space covenants, easements or other appropriate designations for private park or recreational facilities shall be submitted to the City, in a form and type acceptable to the City Attorney and Director of Recreation and Parks, prior to approval of the final or parcel map by the City Council, and shall be recorded as part of the final or parcel map or recorded concurrently as a separate instrument with the final or parcel map.
(g) 
Private Parks/Open Space Maintained by Others.
(1) 
If private open space for park and recreational purposes is provided in a proposed development, and such space is to be privately owned and maintained by others, such areas may be credited against not more than 60% of the requirement of dedication and development for park and recreation purposes, as set forth in this chapter, or the payment of the subdivision in-lieu fee thereof, in accordance with Section 11-9.05(f) of this chapter, provided that the following standards are met:
(A) 
That yards, court areas, required setbacks and other open space areas required to be maintained by the zoning and building provisions of the City's Municipal Code shall not be included in the computation of such private open space; and
(B) 
That the ownership and maintenance of the open space is adequately provided for; and
(C) 
That the use of the private open space is restricted for park and recreational purposes by recorded easements which run with the land in favor of the existing and future owners of property within the development and which cannot be modified or eliminated without the consent of the City Council; and
(D) 
That the proposed private open space is reasonably adaptable for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land; and
(E) 
That facilities proposed for the open space are in substantial accordance with the provisions of the Land Use Element of the City's General Plan and are approved by the Recreation and Parks Commission; and
(F) 
That the quality of all elements of recreation improvements shall meet the guidelines of the U.S. Consumer's Product Safety Commission (CPSC).
(G) 
Nothing in this chapter shall prevent credit for lands used jointly for flood control as well as recreational purposes except that land inundated in an average annual storm shall not be given credit for recreational purposes.
(2) 
A minimum of fifteen hundred (1,500) square feet of landscaped space containing recreation facilities may qualify the applicant for credit to a maximum of 60% of the total subdivision in-lieu fee. All recreation facilities shall meet the CPSC Guidelines. The actual amount of credit will be determined by the estimated value of the land as set forth in Section 11-9.05(d) of this chapter, and the cost estimates of the recreation facilities as approved by the Director of Recreation and Parks. These are calculated and available at the Recreation and Parks Department. All recreation facilities proposed for credit shall be approved by the Director of Recreation and Parks prior to approval of the official tentative map.
(3) 
Minor deviations from the standards of this section may be approved by the Director of Recreation and Parks, provided the changes are in conformance with the purpose and intent of this chapter.
(4) 
If a credit is received under this section, further credit may be given under Section 11-9.05(h), but in no case shall the total credit given under Sections 11-9.05(g) and (h) exceed 60%.
(5) 
If a credit is received under this section, no credit shall be available pursuant to Chapter 7 of Title 3 of the Municipal Code (Residential Development Tax), or Section 11-9.05(i) of this chapter. In addition, no credit shall be available pursuant to Municipal Code Section 8-15.19 unless the exemption provisions of Municipal Code Section 8-15.16 apply (AB1600 Growth Mitigation Fee).
(h) 
Other Credit - No Impact to Recreation or Park Facilities.
(1) 
If an applicant for a proposed residential development can meet a needs test proving that the residences will not impact typical neighborhood recreation and park facilities, the development may be eligible for credit of up to 60% of the required subdivision in-lieu fee. The Recreation and Parks Commission shall determine eligibility for this credit.
(2) 
If a credit is received under this section, further credit may be given under Section 11-9.05(g), but in no case shall the total credit given under Sections 11-9.05(g) and (h) exceed 60%.
(3) 
If a credit is received under this section, no credit shall be available pursuant to Chapter 7 of Title 3 of the Municipal Code (Residential Development Tax), or Section 11-9.05(i) of this chapter. In addition, no credit shall be available pursuant to Municipal Code Section 8-15.19 unless the exemption provisions of Municipal Code Section 8-15.16 apply (AB1600 Growth Mitigation Fee).
(i) 
Deferments and Reductions.
(1) 
Deferments. If the Recreation and Parks Commission finds that a project will be built and operated for Lower Income Tenants, as defined by the latest United States Housing and Urban Development Department figures for the Santa Maria area, the payment of the subdivision in-lieu fee may be deferred according to the following:
(A) 
One half of the fee amount shall be paid on or before one year from the date the City issues the last Certificate of Occupancy for the project, with the remainder of the fee due on or before one year thereafter together with interest based on the average interest rate of the Local Agency Investment Fund for the 12 month period (last four statements) ending 30 days prior to the date payment is due. An agreement and note secured by a Deed of Trust in a form acceptable to the City Attorney shall be entered into between the City and the subdivider.
Approval of the fee deferment shall be through a resolution adopted by the Recreation and Parks Commission.
(2) 
Reductions. If the City Council finds that a project will be built and operated for senior citizens, the City Council may, by resolution, approve a credit to a maximum of 60% of the total subdivision in-lieu fee. If the project does not remain as a seniors only project, the remainder of the subdivision in-lieu fee shall be paid. If a reduction is received under this section, no credits or reductions shall be available pursuant to Chapter 7 of Title 3 of the Municipal Code, or Sections 11-9.05(g) and 11-9.05(h) of this chapter. In addition, no credit shall be available pursuant to Municipal Code Section 8-15.19 unless the exemption provisions of Municipal Code Section 8-15.16 apply.
(3) 
Senior Conversions. If the City Council finds that a project that converts existing facilities to senior housing will provide on-site recreational facilities, the City Council may, by resolution, waive up to 100% of the subdivision inlieu fee. The waiver of all or a portion of the fee will be determined by the Director of Recreation and Parks based on the estimated cost of the on-site recreation facilities. If a reduction is received under this section, no credits or reductions shall be available pursuant to Chapter 7 of Title 3 of the Municipal Code, or Sections 11-9.05(g), 11-9.05(h), or 11-9.05(i)(2) of this chapter. In addition, no credit shall be available pursuant to Municipal Code Section 8-15.19 unless the exemption provisions of Municipal Code Section 8-15.16 apply.
(Ord. 94-29, eff. 12/15/94; Ord. 2016-10 § 1, eff. 6/16/16)