Chapter 17.40
DEDICATIONS FOR PARK AND RECREATIONAL USES
Sections:
17.40.030 Commencement of development.
17.40.040 Industrial subdivisions.
17.40.010 Purpose.
The city council declares:
(1) The ordinance codified herein is enacted pursuant to the authority granted by Section 11510 and Section 11546 of the Business and Professions Code as amended and added by Chapter 1809, Statutes of 1965.
(2) The park and recreational facilities for which dedication of land and/or the payment of a fee is required by this chapter are in accordance with the parks and recreational element of the general plan of the city, adopted by the city on January 19, 1966. (Ord. 164 § 1, 1966)
17.40.020 Fees.
As a condition of approval of a final subdivision map, or the approval of any residential development within this city when a tract map is not required, the subdivider or developer shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park and recreational purposes according to the following standards:
(1) In order to provide for the more orderly development of parks and in accordance with the city’s recreation element of its general plan, it is determined that a fee in such an amount as the city council may by resolution provide, shall be required of each subdivider or developer. No zoning approval shall be final nor shall any tract map be recorded until the fee has been paid. It is the intention of this city that payment of fees will be required rather than the dedication of land;
(2) Where the payment of fees is not desired by subdivider or the dedication of land appears more appropriate in connection with subdivision of any particular parcel, the subdivider shall indicate such desire at the time of filing the tentative tract map and the city council shall at the time of approval of such tentative map determine whether to require and accept such dedication of land, payment of a fee in lieu thereof or a combination of both;
(3) If a dedication of land in lieu of a fee is required, the amount of land to be dedicated by a subdivider shall be that amount of land, based upon the fair market value thereof, that would be equivalent in value to the amount of the fee that would otherwise be required to be paid pursuant to this chapter,
(4) Whether the city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
(A) Recreational element of the city’s general plan,
(B) Topography, geology, access and location of land in the subdivision available for dedication, and
(C) Size and shape of the subdivision and land available for dedication.
The determination of the city council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. On subdivisions involving fifty lots or less, only the payment of fees shall be required. (Ord. 289 § 2, 1970; Ord. 164 § 2, 1966)
17.40.030 Commencement of development.
At the time of approval of the final subdivision map, the city shall specify when development of the park or recreational facilities shall begin. (Ord. 164 § 3, 1966)
17.40.040 Industrial subdivisions.
The provisions of this chapter shall not apply to industrial subdivisions. (Ord. 164 § 4, 1966)