Chapter 17.20
PARK AND RECREATION DEDICATION AND FEES
Sections:
17.20.010 Dedication of land for park and recreation purposes.
17.20.020 Standards for determinations.
17.20.030 Amount of land to be dedicated and/or amount of fees in lieu of land dedication.
17.20.040 Repealed by Ord. 1818.
17.20.050 Payment of fees only.
17.20.060 Park site selection.
17.20.070 Credit for recreational improvements.
17.20.080 Limitations on use of land and fees.
17.20.090 No credit for private park amenities.
17.20.010 Dedication of land for park and recreation purposes.
A. In accordance with the city of Gardena general plan including the open space plan of the community resources element and in accordance with the Subdivision Map Act (Government Code Sections 66410 et seq.) and specifically Government Code Section 66477, the city of Gardena does hereby require either the dedication of land, the payment of fees, or a combination of both for park or recreational purposes as a condition of the approval of a tentative or parcel map for residential subdivisions.
B. The city also requires either the dedication of land, the payment of fees, or a combination of both for park or recreational purposes as a condition of the approval of a parcel map for a division of land not a subdivision for purposes of construction of a residential structure or structures.
C. Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section. A condition, however, shall be placed on the approval of such parcel map and if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. (Ord. 1818 § 1 (part), 2020: Ord. 1642 § 1, 2003)
17.20.020 Standards for determinations.
A. The provisions of this chapter shall apply to all subdivisions for the purpose of residential development. This chapter does not apply to commercial or industrial subdivisions or to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.
B. The amount of land dedicated or fees paid shall be based upon the residential density, which shall be determined based on the approved or conditionally approved tentative or parcel map. There shall be a rebuttable presumption that the average number of persons per household by units in a structure is the same as that disclosed by the most recent available federal census or a census taken pursuant to Chapter 17 (commencing with Section 40200) of Part 2 of Division 3 of Title 4 of the Government Code.
C. Subdividers may offer evidence of the actual population densities of their proposed projects for determination by the city council. The city council shall consider the evidence submitted and if it finds that the actual population density will differ from the presumed density, it shall use the actual density to calculate the required land or in-lieu fee. (Ord. 1818 § 1 (part), 2020: Ord. 1642 § 1, 2003)
17.20.030 Amount of land to be dedicated and/or amount of fees in lieu of land dedication.
A. The dedication of land, or the payment of fees, or a combination of both shall be based on a minimum of three acres of usable park area, as defined in this chapter, per one thousand persons residing within the subdivision.
B. The amount of land to be dedicated by a subdivider in accordance with this chapter shall be calculated by the following formula:
1. Park and recreation formula:
A = .003 x (UP)
2. Definition of terms:
A = local park space obligation in acres
U = total number of approved dwelling units
P = population density per unit
.003 = total acreage standard of three acres per one thousand population
C. The amount of fee to be paid by a subdivider in lieu of land to be dedicated in accordance with this chapter shall be set by resolution of the city council using the calculation set forth below.
1. F = A x C
2. Definition of term:
F = fee
A = local park space obligation in acres as determined above
C = land acquisition cost per acre
D. The city may accept combinations of land, recreational facilities and fees, with the respective amounts to be determined in the sole discretion of the city, so long as the total does not exceed the proportionate amount necessary to provide three acres of park area per one thousand persons.
E. The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.
F. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be calculated in accordance with the formula and shall be based on the amount established by resolution of the city council and the fees shall not exceed the proportionate amount necessary to provide three acres of park area per one thousand persons. The city council may choose not to impose the full fee that would be required.
G. Fees shall be payable at the time of the recording of the final map or parcel map. (Ord. 1818 § 1 (part), 2020: Ord. 1642 § 1, 2003)
17.20.050 Payment of fees only.
Only the payment of fees may be required in subdivisions containing fifty parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds fifty dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty. (Ord. 1818 § 1 (part), 2020: Ord. 1642 § 1, 2003)
17.20.060 Park site selection.
The city council shall determine if park space shall be provided and the design and location of such space and any amenities thereon. This determination shall be made in accordance with the principles and standards for local park and recreational facilities. (Ord. 1818 § 1 (part), 2020: Ord. 1642 § 1, 2003)
17.20.070 Credit for recreational improvements.
If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements to the dedicated land or the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this chapter. Excepting, however, that the subdivider and the city council, upon recommendation of the director of community development, must agree in advance and in writing with such expenditures based on current and verified prices and costs for such improvements and equipment. (Ord. 1818 § 1 (part), 2020: Ord. 1642 § 1, 2003)
17.20.080 Limitations on use of land and fees.
A. Any park land or fees shall be received by the city and pursuant to the provisions of this chapter shall be used only for either acquiring land or developing new or rehabilitating existing park and recreational facilities that serve the area from which they were derived.
B. The city council shall develop a schedule specifying how, when and where it will use the land or fees, or both, to provide park or recreational facilities to serve the residents of the subdivision. Any fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. (Ord. 1818 § 1 (part), 2020: Ord. 1642 § 1, 2003)
17.20.090 No credit for private park amenities.
No credit shall be given for private open space or recreational improvements. (Ord. 1818 § 1 (part), 2020: Ord. 1642 § 1, 2003)