Chapter 16.44
LAND DEDICATIONS*
Sections:
16.44.030 Land and fees for subdivision in excess of fifty parcels--Designation.
16.44.040 Fees for subdivision of fifty parcels or less--Designation.
16.44.050 Land and use fees--Use.
16.44.060 Report by subdivider.
16.44.070 Fees collected--Commitment.
16.44.090 Land and use fees--Credit.
16.44.100 Special change in requirements.
* For statutory provisions on land dedications for park and recreational purposes, see Gov. Code §66477 et seq. Prior ordinance history: Ords. 80-1 and 81-03.
16.44.010 Definitions.
"Dwelling unit" means each single-family dwelling in each unit, an apartment, duplex, multiple-dwelling structure, condominium, cooperative or planned development, as defined in Section 11003 of the business and Professions Code of the state, or each stall, space or site, or location for a mobile home or trailer in a mobile home park or mobile home subdivision. (Ord. 87-09 §1(part), 1988).
16.44.020 Generally.
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 recreation element of the general plan of the city, adopted by the city on September 17, 1973. As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both at the option of the city, for developing new or rehabilitating existing neighborhood or community park or recreational facilities at the time and according to the standards and formula contained in this chapter. (Ord. 87-09 §1(part), 1988).
16.44.030 Land and fees for subdivision in excess of fifty parcels--Designation.
At the option of the city, the subdivider shall pay to the city a sum of two hundred dollars for each dwelling unit to be constructed in the subdivision or the subdivider shall dedicate to the city land equal to .018 acres times the number of dwelling units to be constructed in the subdivision. (Ord. 87-09 §1(part), 1988).
16.44.040 Fees for subdivision of fifty parcels or less--Designation.
A subdivider of fifty parcels or less shall pay to the city a sum of two hundred dollars for each dwelling unit and shall not be required to dedicate to the city land equal to .018 acres times the number of dwelling units, 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. 87-09 §1(part), 1988).
16.44.050 Land and use fees--Use.
All land dedicated and all fees paid under this title shall be used for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision in carrying out the recreational element of the general plan of the city. (Ord. 87-09 §1(part), 1988).
16.44.060 Report by subdivider.
The city shall create a separate fund for any fees collected pursuant to this chapter and shall design a general or specific plan containing policies and standards for parks and recreational facilities. For the purpose of computing the amount of land to be dedicated or the amount of fees to be paid under this title, the subdivider shall file a verified written report with the city stating the type of dwelling units to be constructed in the subdivision and the number of dwelling units to be constructed on each parcel in the subdivision. Where property in the subdivision is zoned R-1, it shall be conclusively presumed that there will be one dwelling unit constructed on each R-1 parcel. In other cases, the planning commission may accept the verified written report of the subdivider as conclusive or in the alternative consider the same together with published standards in general use in making a determination. (Ord. 87-09 §1(part), 1988).
16.44.070 Fees collected--Commitment.
Any fees collected under this chapter shall be committed by the city for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities 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. 87-09 §1 (part), 1988).
16.44.080 Exemptions.
A. Subdivisions containing less than five parcels and not used for residential purposes are exempted from the requirements and provisions of this chapter. However, 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 shall be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.
B. 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. (Ord. 87-09 §1(part), 1988).
16.44.090 Land and use fees--Credit.
Planned developments, real estate development, stock cooperatives and community apartment projects, as defined in Sections 11003, 11003.1, 11003.2, 11003.4 and 11004, respectively, of the Business Professions Code, and condominiums, as defined in Section 783 of the Civil Code, shall be eligible to receive a credit, as determined by the legislative body, 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 usable for active recreational use. (Ord. 87-09 §1(part), 1988).
16.44.100 Special change in requirements.
Any subdivider with an approved tentative map on March 1, 1981, and who is required to dedicate .018 acres of land per dwelling unit plus pay to the city an additional one hundred dollars per dwelling unit shall be relieved of the requirement to pay the additional fees and shall only be required to dedicate the required amount of land to the city. (Ord. 87-09 §1 (part), 1988).
16.44.110 Fee amount--Change.
The above-mentioned fee of two hundred dollars for each dwelling unit shall remain in effect until the city council deems it necessary to change the amount. Any further changes will be made by resolution and passed by the city council. (Ord. 87-09 §1(part), 1988).