This chapter is enacted pursuant to the authority granted by Article 3 of Chapter 4, Gov. Code 66475 et seq. of the Map Act. The park and recreational facilities, for which dedication of land and/or payment of a fee is required by this title, are in accordance with the open space element of the general plan, adopted by the City on July 15, 1980, and amended on January 17, 1984, and the local coastal land use plan, certified December 1982.
(Ord. 84-5 §1)
As a condition of approval of a final subdivision 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 section. The land, fees, or combinations thereof, are to be used only for the purpose of providing park or recreational facilities to serve the subdivision. Usable open space shall be composed of land that offers natural advantages for the type of facilities proposed to serve the area. Except in the case of condominium conversions, which shall be exempt from dedication requirements, the subdivider shall provide one of the following:
A. 
Dedication or grant of easement of all lands to be provided for usable open space;
B. 
The dedication of any portion of proposed usable open space lying within the boundaries of the subdivision, plus a fee to fulfill the requirements of this section as herein described;
C. 
A fee in lieu of such dedication shall be required, when no portion of the proposed usable open space is planned to be located within the limits of the subdivision;
D. 
Only the payment of a fee may be required in the case of a subdivision of 50 or fewer parcels;
E. 
The reservation of permanently maintained private open spaces which meet the requirements of this section.
(Ord. 84-5 §2)
A. 
The subdivider shall dedicate usable open space, grant an easement, or pay a fee in lieu of such dedication or grant of easement, as specified by the City in conformance with an adopted fee schedule ordinance.
B. 
The fee schedule and dedication/ easement requirements shall be based upon the following:
1. 
Minimum standard of at least 130 square feet of park land per person;
2. 
Habitat areas are not considered as park land dedications;
3. 
Sandy beach dedication/easement available to the general public account for no more than 75% of park land dedication requirement;
4. 
In-lieu fees to be based on current fair market value of land and development costs in areas where park facilities are planned. The land, fees or combinations thereof are to be used only for the purpose of providing park and recreational facilities which will serve residents of the development and the local community, except for private park dedication for project residents.
C. 
Park dedication fees shall be applied as follows:
1. 
A minimum dedication of 130 square feet of land per person in the subdivision and/or an in-lieu fee consistent with subsection (B)(4) of this section;
2. 
The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision and the local community;
3. 
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;
4. 
The land or fees conveyed or paid to the City shall be scheduled specifying how, when and where it will use the land or fees, or both, to develop 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 1/2 of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they 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;
5. 
Only the payment of fees may be required in subdivisions containing 50 parcels or less;
6. 
Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this chapter; provided, however, that a condition may be placed on the approval of such parcel map that 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;
7. 
If the subdivider provides park and recreational improvements to the dedicated land, 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;
8. 
Land or fees required under this section shall be conveyed or paid directly to the City, which provides park and recreational services on a community-wide level and to the area within which the proposed development will be located, if such agency elects to accept the land or fee. The local agency accepting such land or funds shall develop the land or use the funds in the manner provided in this chapter;
9. 
In the event park and recreational services and facilities are provided by a public agency other than the City, the amount and location of land to be dedicated or fees to be paid shall, subject to this chapter, be jointly determined by the City having jurisdiction and such public agency;
10. 
The provisions of this chapter do not apply to commercial or industrial subdivisions; nor do they apply 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;
11. 
Planned developments and real estate developments, as defined in Sections 11003 and 11003.1, respectively, of the Business and Professions Code, shall be eligible to receive a credit, as determined by the City, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to the ordinance codified in this chapter, for the value of private open space within the development which is usable for active recreational uses.
(Ord. 84-5 §3)