This chapter is enacted pursuant to the authority granted by
Section 66477 of the
Government Code of the state. The park and recreational
facilities for which dedication of land and/or payment of a fee is
required by this chapter are in accordance with the adopted recreation
and parks element of the general plan.
(Ord. 88-O-117 § 1, 1988)
As a condition of approval of a final map or parcel map, the
subdivider shall dedicate land, pay a fee in lieu thereof, or both,
at the option of the city, for park or recreational purposes at the
time and according to the standards and formula contained in this
chapter.
(Ord. 88-O-117 § 1, 1988)
It is hereby found and determined that the public interest,
convenience, health, welfare and safety requires that two and one-half
(2.5) acres of property for each 1,000 persons residing within this
city be devoted to local park and recreational purposes.
(Ord. 88-O-117 § 1, 1988)
Where a park or recreational facility has been designated in
the adopted recreation and parks element of the general plan and is
to be located in whole or in part within the proposed subdivision
to serve the immediate and future needs of the residents of the subdivision,
the subdivider shall dedicate land sufficient in size and topography
to serve the residents of the subdivision. The amount of land to be
provided shall be determined pursuant to the adopted formula.
(Ord. 88-O-117 § 1, 1988)
If there is no park or recreational facility designated in the
adopted recreation and parks element, to be located in whole or in
part within the proposed subdivision to serve the immediate and future
needs of the residents of the subdivision, the subdivider shall, in
lieu of dedicating land, pay a fee as prescribed in Title 5 of this
code. The fee shall be used for park and recreation facilities which
the city council deems necessary to serve the residents of the area
and the city as a whole.
(Ord. 88-O-117 § 1, 1988)
In subdivisions of over 50 lots, the subdivider may be required
to dedicate both land and pay a fee in lieu thereof in accordance
with the adopted formula as listed in Title 5 of this code. The land
and/or fees shall be used for the purpose of developing new or rehabilitating
existing neighborhood or community park or recreational facilities
to serve the subdivision, and the amount of fees paid shall bear a
reasonable relationship to the use of the park and recreational facilities
by the future inhabitants of the subdivision.
(Ord. 88-O-117 § 1, 1988)
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:
(1) The adopted recreation and parks element of the general plan; and
(2) The topography, geology, access and location of land in the subdivision
available for dedication; and
(3) The size and shape of the subdivision and land available for dedication;
and
(4) The feasibility of dedication; and
(5) The compatibility of dedication with the adopted recreation and parks
element; and
(6) The availability of previously acquired park property.
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.
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(Ord. 88-O-117 § 1, 1988)
The provisions of this chapter shall not apply to subdivisions
containing less than five parcels not used for residential purposes;
provided, however, that a condition may be placed on the approval
of such parcel map that if a building permit is required 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 permits.
The provisions of this chapter also shall not apply to commercial
or industrial subdivisions or 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.
(Ord. 88-O-117 § 1, 1988)
Planned developments, real estate developments, community apartment
projects, condominium projects and stock cooperatives shall be eligible
to receive a 25% credit, against the amount of land required to be
dedicated, or the amount of the fee imposed, pursuant to this chapter,
for the value of private open space within the development which is
useable for active recreational uses.
(Ord. 88-O-117 § 1, 1988; Ord. O-2017-10 § 4, 2017)