The City Council finds that under the Parks and Recreation Element of the City's General Plan, there is an existing shortage of adequate parklands in the City, and that future residential subdivision development will exacerbate this condition. In order to mitigate the impacts and cumulative impacts of residential subdivision development on the availability of parklands within the City, the declared purpose of this Chapter is to provide a fair and equitable mechanism in accordance with the authority granted pursuant to Section 66477 of the Government Code of the State of California for the payment of fees or dedication of land, or combination thereof, for developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision.
(Prior code § 2878)
A. 
"Fee" shall mean the fees calculated in accordance with Section 16.44.040.
B. 
Unless otherwise defined herein, all other definitions set forth in this Title and Zoning Ordinance of the City of Lompoc shall apply unless in conflict with the Subdivision Map Act of the State of California, in which case the latter shall prevail.
(Prior code § 2879)
A. 
Except as provided in Subsections B and C of this Section, as a condition of approval of any tentative map or parcel map, each applicant shall pay the fee. The fee shall be payable at the time of the recording of the final map or parcel map or such later time as may be specified by the City.
B. 
Payment of the fee shall not be a condition of approval of any tentative map or parcel map under any of the following circumstances:
1. 
The subdivision is not used for residential purposes and contains less than five parcels; provided, however, that a condition may be imposed 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.
2. 
The subdivision is a commercial or industrial subdivision.
3. 
The subdivision is a condominium project or stock cooperative which consists of the subdivision of airspace in an existing apartment house which is more than five years old when no new dwelling units are added.
4. 
The tentative map of the subdivision map or parcel map shall have been filed less than 30 days following the effective date of the ordinance codified in this Chapter.
C. 
Payment of the fee shall not be required when a dedication of land shall be made pursuant to Section 16.44.050, unless such dedication of land shall not be entirely in lieu of payment of the fee, in which case the amount of the Fee shall be reduced in proportion to the number of acres dedicated multiplied by the fair market value of the subdivision per acre as set forth in Section 16.44.040(C).
(Prior code § 2880)
A. 
The fee shall be calculated by reference to the following formula which determines the acreage required for the subdivision or parcel, based on five acres per 1,000 residents:
A
=
(DF x DU)
x
5
1000
B. 
The foregoing formula is defined and explained as follows:
1. 
"A" is the area in acres upon which the fee is based.
2. 
"5" is the existing neighborhood and community park area in acres within the City of Lompoc, per 1,000 population based on the 2000 census.
3. 
"DF" is the density factor determined by the average number of persons per household within the City of Lompoc, based on the 2000 Federal census. The density factors are as follows:
Single-family detached
3.03
Single-family attached
2.95
Two to four residential units per structure
2.90
Five or more residential units per structure
2.69
Mobilehomes
2.13
4. 
"DU" is the number of dwelling units in the subdivision.
C. 
The fee shall be equal to the City-wide average fair market value of the land contained in the subdivision to the nearest acre, multiplied by "A." The City-wide average fair market value of land shall be determined by the City Council by resolution which shall be made available to the public and shall contain a calculation formulated to a per unit price.
(Prior code § 2881)
A. 
The City Council shall have the discretion to accept or require a dedication of land in lieu of or partially in lieu of payment of the fee in accordance with the following procedures:
1. 
At the time of filing a tentative map for approval, the applicant may designate the area on the tentative map which it desires to dedicate for park and recreation purposes; provided, however, that the failure to do so shall not prevent the City Council from requiring a dedication of land in lieu of or partially in lieu of payment of the fee.
2. 
At or about the time of tentative map approval, the City Council shall determine as a part of the approval, whether to accept or require a dedication of land within the area represented in the map in lieu of or partially in lieu of payment of the fee.
3. 
If dedication is accepted or required, it shall be accomplished in accordance with the provisions of this Chapter and the Subdivision Map Act.
B. 
The City Council's acceptance or requirement of a land dedication in lieu of or partially in lieu of payment of the fee shall be determined by reference to the following factors:
1. 
Parks and Recreation Element of the City's General Plan;
2. 
Topography, geology, access and location of land in the development or subdivision available for dedication;
3. 
Size and shape of subdivision or development and land available for dedication.
C. 
The maximum amount of land that may be required to be dedicated pursuant to this Chapter shall be determined by the formula set forth in Section 16.44.040(A).
D. 
Notwithstanding anything contained in this Chapter to the contrary, the City Council shall not require, but may accept, any dedication of land in lieu of or partially in lieu of payment of the fee if the subdivision shall contain 50 parcels or less; provided, however, that a dedication of land may be required with respect to a condominium project, stock cooperative or community apartment project which exceeds 50 dwelling units notwithstanding that the number of parcels may be less than 50.
(Prior code § 2882)
The fee or land obtained pursuant to this Chapter shall be utilized for developing new or rehabilitating existing neighborhood or community park or recreational facilities in accordance with a schedule approved by the City Council, which shall specify how, when and where the fee or land shall be used to serve the subdivision. In no event shall the fee be used for maintenance purposes.
(Prior code § 2883)
The fee shall be committed to its permitted use under this Chapter within five years after payment or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If not so committed the fee shall be distributed pro rata to the then record owners of the lots in the subdivision. That part of the fee which has been appropriated shall be deemed to have been committed.
(Prior code § 2884)
A. 
A credit against payment of the fee or dedication of land, as applicable, shall be afforded for the value of any park and recreational improvements, including any equipment located thereon, to the dedicated land made by the applicant.
B. 
Real estate developments, stock cooperatives, and community apartment projects, as defined in Sections 11003.1, 11003.4 and 11004, respectively, of the Business and Professions Code of the State of California, and condominiums, as defined in Section 1351 of the Civil Code of the State of California, shall be eligible to receive a credit, as determined by the City Council, against the payment of the fee or the amount of land required to be dedicated. Planned developments, as defined in Section 11003 of the Business and Professions Code, shall receive credit against the payment of the fee or the amount of land required to be dedicated for the value of private open space within the development which is usable for active recreational uses, if the City Council finds that it is in the public interest to do so and that all of the following standards are met:
1. 
Yards, court areas, setbacks, and other open areas provided for use for individual residents shall not be included in the computation of such private open space.
2. 
Private park and recreational facilities shall be owned by a homeowners association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by 100 percent affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining facilities.
3. 
Use of the private open space is restricted for park and recreation purposes by a recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City.
4. 
The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location.
5. 
Facilities proposed for the open space are in substantial accordance with the provisions of the Recreation Element of the General Plan.
6. 
The open space for which credit is given shall consist of at least three acres and shall provide all of the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:
a. 
Recreational open spaces, which are generally defined as park areas for active recreation pursuits such as soccer, golf, baseball, softball, and football and have at least one acre of maintained turf with less than five percent slope.
b. 
Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard-surface areas especially designed and exclusively used for court games.
c. 
Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving or both. They must also include decks, lawn area, bathhouses or other facilities developed and used exclusively for swimming and diving and consisting of no less than 15 square feet of water surface area for each three percent of the population of the subdivision with a minimum of 800 square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool.
d. 
Recreational buildings and facilities designed and primarily used for the recreational needs of residents of the development.
C. 
A project eligible to receive a credit under Subsection B of this Section shall not be eligible to receive a credit under any other Section or Subsection of this Chapter.
(Prior code § 2885)