16.36.040 Parkland dedication and fees – Dedications for park and recreational purposes.
A. Where a park and recreation area has been designated in the Sebastopol Conservation, Parks and Open Space Element of the General Plan or is required in accordance with standards adopted by the City Council, and when such area is designated or required as a park or recreation area and is to be located in whole or in part within a proposed subdivision or division of land to serve the immediate and future needs of the residents of the subdivision or division of land, such area shall be designated as a park and/or recreation area on the tentative and final maps or parcel maps submitted by the developer, and the necessary lands shall be offered for dedication to the City at the time of filing the final map or parcel map or a cash payment in lieu of land for such facilities shall be made, in accordance with the following provisions:
1. The subdivider shall be required to dedicate a site or sites for a neighborhood park, preferably adjacent to a school or a proposed school site, sufficient in size and topography to serve the immediate and future needs of the residents of the subdivision area.
2. Where the proposed subdivision or division of land is within one-half mile of a required community park, and if such community park is outside the proposed limits of the subdivision or division of land, the subdivider shall be required to make a cash payment equivalent to the land value of the portion of the community park required to serve the immediate and future needs of residents of the subdivision of division of land. Such money shall be used only in the acquisition and development of the community park serving that proposed subdivision or division of land.
3. Where an existing park and recreation area is not of sufficient size to serve the immediate and future needs of the residents of the proposed subdivision or division of land or if the City Council is contemplating additional park and/or recreational areas which are not currently within the General Plan, subsections (A)(1) and (2) of this section shall apply.
4. The City Council may modify the above requirements if the subdivider has designated certain land for private park and/or recreation areas to be used by the residents of the proposed subdivision, or if the subdivider will provide green belt areas and/or open space areas, provided the combination of private and public park and recreation lands and the green belt and/or open space areas satisfy the requirements of the principals and standards adopted.
B. At the time of approval of the final subdivision map or parcel map, the City shall specify when development of the park or recreational facilities shall begin.
C. The provisions of this section shall not apply to commercial or industrial subdivisions.
D. In subdivisions of over 50 lots, the subdivider may satisfy the requirements of these sections with a combination of dedicated land and in-lieu fees, if the City Council determines that such combination will best implement the General Plan.
E. Where private open space for park and recreational purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50 percent, may be given against the requirement of land dedication, or payment of fees in lieu thereof if the City Council finds that it is in the public interest to do so and that all the following standards are met:
1. Yards, court areas, setbacks and other open areas required to be maintained by SMC Title 17, Zoning, and the Building Code (SMC Title 15) shall not be included in the computation of such private open space.
2. The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions.
3. The use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City or its successor.
4. The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.
5. Facilities proposed for the open space are in substantial accordance with the provisions of the Conservation, Parks and Open Space Element of the General Plan.
6. The open space for which credit is proposed is of sufficient size and provides recreational improvements that will meet the recreation and park needs of the future residents of the area. Before credit is given, the City Council shall make written findings that the above standards are met.
F. At the time of approval of the tentative map or parcel map, the City Council shall determine the land to be dedicated and/or fees to be paid by the subdivider.
G. At the time of the filing of the final map or parcel map, the subdivider shall dedicate the land. Fees shall be paid as required by the City Council.
H. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map.