Chapter 16.44
DEDICATION—PARK AND RECREATION

Sections:

16.44.010    Purpose.

16.44.020    Standards and formula for dedication of land.

16.44.030    Payment of fees in lieu of land.

16.44.040    Exemptions.

16.44.050    Payment of fees.

16.44.010 Purpose.

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code. The need for park facilities results from increases in residential development. Therefore, 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 park or recreational purposes at the time of approval of the final map or parcel map, and according to the standards and formula contained in this title. The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park and recreational facilities to serve the subdivision. (Ord. 536 § 6 (part), 1995: Ord. 268 § 1 (part), 1976).

16.44.020 Standard and formula for dedication of land.

The formula for determining acreage to be dedicated is based on a standard of three acres of park area per one thousand members of the population, and shall be as follows:

Average number of persons per unit (3.1) ? 1000 population X 3 acres of parkland X number of units in subdivision = land to be dedicated per unit.

Example: for a subdivision of 100 units—3.1 ? 1000 X 3 X 100 = 0.93 acres to be dedicated. (Ord. 536 § 6 (part), 1995: Ord. 268 § 1 (part), 1976).

16.44.030 Payment of fees in lieu of land.

The following fee is based upon three acres of park area per one thousand members of the population, and may be paid in lieu of dedicated land per housing unit:

Per housing unit

$478.83

(Ord. 536 § 6 (part), 1995: Ord. 268 § 1 (part), 1976).

16.44.040 Exemptions.

A.    Only the payment of fees may be required in subdivisions containing fifty parcels or less, 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.

B.    Subdivisions containing less than five parcels and not used for residential purposes shall be exempt from the requirements of this chapter. However, 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.

C.    If the subdivider provides park and recreational improvements consistent with city guidelines 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 and pursuant to Government Code Section 66477. (Ord. 536 § 6 (part), 1995: Ord. 268 § 1 (part), 1976).

16.44.050 Payment of fees.

All park and recreation in-lieu fees required to be paid pursuant to this chapter shall be paid as a condition of and upon approval of a final map or parcel map, and shall be deposited into the park in-lieu fund. (Ord. 536 § 6 (part), 1995: Ord. 268 § 1 (part), 1976).