Chapter 3.34
PARKLAND DEDICATION

Sections:

3.34.020    Residential park fees.

3.34.030    Definitions.

3.34.040    Applicability.

3.34.050    Exemptions.

3.34.060    Dedication.

3.34.070    Fee on new construction.

3.34.090    Refund of fee.

3.34.100    Establishment of reserve fund.

3.34.110    Fee adjustment.

3.34.120    Parkland fee credits.

3.34.020 Residential park fees.

(A) The parkland development fees for a residential dwelling unit must be paid, in the amount established by resolution of the City Council, upon the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first.

(B) For the purposes of this section, the terms “final inspection” and “certificate of occupancy” have the same meaning as described in California Government Code Section 66007, as amended. (Ord. 1143 § 1, 1999; Ord. 813 § 1, 1989; Ord. 505, 1983)

3.34.030 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

(A) “Bedroom” means a room intended to be furnished with a bed and intended primarily for sleeping. In the case of dispute, the decision of the Building Official shall be final.

(B) “Condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in an apartment building on such real property. A “condominium” may include, in addition, a separate interest in other portions of such real property.

(C) “Construct” means the putting together, assembling, erecting or altering of construction materials, components or modules into a structure, or portion of a structure, and includes reconstructing, enlarging or altering any structure. “Construct” also includes the moving and locating of a building, or portions thereof, onto a lot or parcel of land, and also includes the improvement of land as a mobile home park.

(D) “Dwelling unit” means a separate single-family habitation, structure or unit; the term includes:

(1) A single-family dwelling;

(2) Each separate apartment or habitation unit composing a multiple-dwelling structure or condominium; and

(3) Each space or pad designed and allocated to accommodate a mobile home within a mobile home park.

(E) “Mobile home park” means any area or tract of land where one or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.

(F) “Mobile home space” means any area or portion of a mobile home park designated, designed or used for the occupancy of one mobile home on a temporary, semipermanent or permanent basis.

(G) “Park and recreation facilities” includes, but is not limited to, land and interests in land, swimming pools, tennis and volleyball and basketball courts, baseball grounds, children’s play areas, turf, sprinkler systems, community center buildings, recreation buildings and other works, properties, structures and facilities necessary or convenient for public park, playground and recreation purposes; and also including any of the facilities described in this subsection constructed or installed within or upon any public school grounds where the City is given the right to use the same for public playground or recreation purposes.

(H) “Person” means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, or common law trust, society, club or individual. (Ord. 1408 § 6, 2010; Ord. 505, 1983)

3.34.040 Applicability.

Each person who constructs any dwelling unit or units containing bedrooms in the City shall pay a fee or dedicate land in lieu of the fee as provided in this chapter. Also, each person who constructs a bedroom unit within any existing dwelling unit in the City shall pay a fee or dedicate land in lieu of such fee. All fees and/or dedications pursuant to this chapter shall be deposited or dedicated to the City as provided in this chapter. (Ord. 505, 1983)

3.34.050 Exemptions.

The fee imposed under this chapter shall not apply to the following:

(A) The City, the United States or any agency or instrumentality thereof, the state or any county, city and county, district or any political subdivision of the state;

(B) Construction of any building, intended and used exclusively to house the elderly or handicapped, which is constructed for and operated by a foundation, agency or entity which, pursuant to Article 13, Section 1(c) of the State Constitution, has been granted a property tax exemption by the State Legislature;

(C) Enlargement, remodeling and/or alteration of a building, but only if the number of bedrooms therein is not increased. If the number of bedrooms in the building is increased, then the fee imposed under this chapter shall apply to such increased number of bedrooms; provided, however, that if such enlargement, remodeling and/or alteration is to an existing single-family dwelling, then the fee imposed under this chapter shall not apply even though such enlargement, remodeling and/or alteration results in an increased number of bedrooms;

(D) Reconstruction of a building which was damaged or destroyed by earthquake, fire, flood or other cause over which the owner has no control (provided that compliance with any building code or other ordinance requirement of the City shall not be deemed a cause over which the owner has no control), but only if the number of bedrooms therein is not increased. If the number of dwelling units in the building is increased, then the fee imposed under this chapter shall apply to such increased number of dwelling units;

(E) Replacement of any building on the same lot, if construction of the new building is commenced within 12 months from the date the previous building was substantially removed from the lot, but only if the number of dwelling units therein is not increased. If the number of bedrooms in the building is increased, then the tax imposed under this chapter shall apply to such increased number of bedrooms. (Ord. 505, 1983)

3.34.060 Dedication.

(A) Where the acceptance of land in lieu of fees will better serve the purpose of the citizens of Palmdale, such land may be accepted based upon findings by the Planning Commission. The Planning Commission shall consider the following:

(1) Parks and recreation element of the City’s general plan;

(2) Topography, geology, access and location of land in the development available for dedication;

(3) Suitability for patrol, supervision and maintenance;

(4) Size and shape of the development and land available for dedication;

(5) The feasibility of dedication;

(6) Availability of previously acquired park property;

(7) The value of such lands to be dedicated shall be no less than the fee(s) which would be otherwise required.

(B) The determination of the Planning Commission as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive, unless appealed to the City Council. (Ord. 505, 1983)

3.34.070 Fee on new construction.

Any person constructing a bedroom or mobile home space in the City shall pay to the City a fee as established by resolution of the City Council. A mobile home space shall be assessed a fee equivalent to the fee assessed for the construction of two bedrooms. (Ord. 789 § 1, 1989; Ord. 505, 1983)

3.34.090 Refund of fee.

A fee paid under this chapter for the construction of a new dwelling unit which is not built is refundable. A refund shall be made upon application of the property owner to the Director of Finance and upon owner’s showing that the construction of a new dwelling unit has not been commenced and the building permit issued therefor has expired, has been cancelled or has been revoked. Application must be made within one year from the cancellation, expiration or revocation of the building permit; provided, however, no refund shall be made when a dwelling unit is damaged or destroyed. In addition, no refund shall be made for mobile home spaces upon final approval of the construction permit for a mobile home park. In no case shall any refund exceed 90 percent of the total fee collected, to offset costs incurred by the City for administering this fee. (Ord. 505, 1983)

3.34.100 Establishment of reserve fund.

All fees collected pursuant to this chapter shall be deposited in the “City of Palmdale parks development reserve fund.” All such fees shall be used solely for the purpose of providing park and recreational facilities for the benefit of the City. (Ord. 505, 1983)

3.34.110 Fee adjustment.

(A)(1) Any person subject to the parkland development fee required by this chapter may apply to the Director of Parks and Recreation for a reduction in that fee based upon the demonstrable absence of a reasonable relationship between the impact of that person’s development on the City’s parks, playgrounds and other park facilities and either the amount of the parkland development fee charged or the type of facilities to be constructed. The application shall be made in writing and filed with the Director of Parks and Recreation not later than the time at which application for site plan review is filed. If site plan review is not required for the development, then the application shall be made in writing and filed with the application for a building permit. The application shall state in detail the factual basis for the request for reduction.

(2) The Director shall make a decision on the application for reduction within 30 calendar days after the application has been filed. Notice of the Director’s decision shall be mailed to the applicant, postage paid.

(B)(1) The decision of the Director of Parks and Recreation may be appealed to the Planning Commission by filing an application for appeal with the Director of Parks and Recreation. The application must be filed within 15 calendar days after notice of the Director’s decision has been mailed to the applicant; provided, however, that if the 15 days expires on a day that Palmdale City Hall is not open for business, then the appeal period shall be extended to the next business day.

(2) Failure to file a timely appeal application deprives the Planning Commission of jurisdiction to hear the appeal.

(3) The Planning Commission shall consider the appeal at a public hearing to be held within 60 calendar days after the appeal application is filed.

(C)(1) The decision of the Planning Commission may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within 15 calendar days after the Commission has made a final decision on the appeal; provided, however, that if the 15 days expires on a day that Palmdale City Hall is not open for business, then the appeal period shall be extended to the next business day.

(2) Failure to file a timely appeal application deprives the City Council of jurisdiction to hear the appeal.

(3) The City Council shall consider the appeal at a public hearing to be held within 60 calendar days after the appeal application is filed. The decision of the City Council shall be final.

(D) If a reduction is granted pursuant to this section, any subsequent change in the use of the subject property, or any increase in the square footage of the development, shall invalidate the reduction. (Ord. 789 § 3, 1989)

3.34.120 Parkland fee credits.

For the purpose of this chapter, a developer may fulfill the developer’s obligation to pay parkland development fees, or any portion thereof, by applying parkland fee credits toward the developer’s fee obligation. (Ord. 1299 § 10, 2007; Ord. U-1299 § 10, 2006; Ord. 970 § 2, 1992)