Chapter 19.20
PARK LAND DEDICATION
Sections:
19.20.020 Requirements for subdivisions.
19.20.030 Exemptions and special provisions.
19.20.070 Review and adjustment of fees.
Cross references: Parks and recreation, Title 4.
19.20.010 Findings.
The City Council does hereby find, determine, and declare as follows:
(1) The Legislature of the state amended the Subdivision Map Act so as to enable cities and counties to require either the dedication of land, the payment of fees, or a combination of both for park or recreational purposes as a condition of approval of a subdivision map.
(2) Before a city or county may avail itself of said Act, it must have a general plan containing a recreational element with definite principles and standards for the park and recreational facilities to serve the residents of the city or county.
(3) The City Council has adopted a General Plan containing such recreational element.
(Code 1965, § 4441; Code 2002, § 78-121. Ord. No. 752; Ord. No. 771; Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 1093)
19.20.020 Requirements for subdivisions.
(a) Dedication or payment of fee required. As a condition of approval of a final development plan, final subdivision map, or parcel map (which are hereinafter referred to as “development”), the developer of land zoned for residential use shall dedicate land, pay a fee in lieu thereof, or do a combination of both for park or recreational purposes required by the city.
(b) Standards for area. The amount of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the development. The total area required to be dedicated shall be as set forth in section 19.10.040 of this Code.
(c) Amount of in-lieu fee. When a fee is required in lieu of land dedication, the amount of such fee shall be based on the estimated proportionate cost that would be needed to acquire the land and develop minimum facilities thereon. The amount of said in-lieu fee shall be as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. The in-lieu fee shall be paid at the time of application for a building permit, except that, for subdivisions of five or more lots, such fee shall be paid at the time of final map approval.
(d) Limitation on use of land and fees. The land, fees, or combination thereof, are to be used only for the purpose of providing or rehabilitating park or recreation facilities which will serve the future residents of such development; but if the city’s General Plan or a specific area plan contemplates a larger or more significant recreation development (such as an area of community park) which will serve an area, including the development, the dedicated land or fees may be devoted to such use.
(e) Prerequisites for approval of final map. For any subdivision in which dedication is required, the documents dedicating such land shall be approved by the city and recorded contemporaneously with the final map.
(Code 1965, § 4442; Code 2002, § 78-122. Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 1093; Ord. No. 86-10; Ord. No. 07-2)
19.20.030 Exemptions and special provisions.
(a) Industrial and commercial subdivisions are exempted from the provisions of this article.
(b) Park land requirements, or fees in lieu thereof, shall not be required for a condominium project consisting of the conversion of an existing apartment building or buildings which are more than five years old; i.e., received a final building inspection prior to the five-year period immediately preceding the filing of a tentative map, provided, however, this exemption is not effective if the conversion involves the creation of new dwelling units by remodeling or by the construction of additional buildings within the project area.
(Code 1965, § 4443; Code 2002, § 78-123. Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 86-10)
19.20.040 Credits.
Credit for private recreation or open space shall be determined in accordance with the provisions of Chapter 17.15.
(Code 1965, § 4444; Code 2002, § 78-124. Ord. No. 943; Ord. No. 1010; Ord. No. 1086; Ord. No. 86-10; Ord. No. 89-6; Ord. No. 89-17)
19.20.050 Time of commencement of development of park or recreation facilities must be designated by city.
At the time the final tract map is approved, the city shall specify when development of the park or recreation facilities will begin.
(Code 1965, § 4445; Code 2002, § 78-125. Ord. No. 943; Ord. No. 1010; Ord. No. 1086)
19.20.060 Use of fees.
The money collected is to be used only for the purpose of providing park or recreational facilities reasonably related to serve the subdivision by the way of purchase of necessary land or, if the city deems that there is sufficient land available for the subdivision, for improving of the land itself for park and recreational purposes.
(Code 1965, § 4446; Code 2002, § 78-126. Ord. No. 943; Ord. No. 1010; Ord. No. 1086)
19.20.070 Review and adjustment of fees.
The amount of in-lieu fees required shall be reviewed every three years and may be adjusted as set forth in section 19.15.050 of this Code.
(Code 1965, § 4447; Code 2002, § 78-127. Ord. No. 1086; Ord. No. 86-10; Ord. No. 07-2)