§ 16.20.100. Park and recreation dedications and fees.

A.

Intent. This chapter is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act. The provisions of this chapter shall not apply to any subdivisions exempted from dedication requirements by Section 66477 of the Subdivision Map Act.

B.

Requirements. As a condition of approval of a tentative tract 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 and recreational purposes at the time and according to the standards and formulas contained in this chapter.

C.

General Standard. It is found and determined that the public interest, convenience, health, welfare and safety require that four acres of property for each one thousand persons residing within this city be devoted to local park and recreational purposes.

D.

Formula for Dedication of Land. Where a park or recreational facility has been designated under the "Recreational Activity," section of the "Urban Environment Element" of the city's general plan, and is to be located, in whole or in part, within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Amount of land to be provided	=	Parkland Acreage per DU	x	Number of lots to be created
Parkland Acreage per DU	=	Average Density per DU	÷	1,000 population park acreage standard

 

The following table of population density is to be followed:

Density of Dwelling	Average Density/DU	Parkland Acreage/DU
Less than 6.1 DU/ac.	3.5	.0140
6.1 or more DU/ac.	2.8	.0112

 

DU	=	Dwelling unit
ac.	=	Acre
Park acreage standard	=	4 acres of property

 

The amount of land to be provided shall be the parkland acreage per dwelling unit applied to the number of parcels (dwelling units) that will be created through the subject subdivision. In the event that a parcel is created where there is an existing dwelling unit, and the dwelling unit will remain on the newly created parcel, said parcel shall be exempt from the parkland acreage calculation. Dedication of the land shall be made in accordance with the procedures contained in subsection J of this section.

E.

Formula for Fees in Lieu of Land Dedication.

1.

General Formula. If there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in subsection D of this section and in an amount determined in accordance with the provisions of subsection G of this section.

2.

Fees in Lieu of Land. If the proposed subdivision is exempt under Government Code Section 66477 from dedication requirements but is subject to the requirement of fees in lieu of land or if the city council elects to require a fee in lieu of dedication, the subdivider shall pay a fee equal to the value of the land prescribed for dedication in subsection D of this section and in an amount determined in accordance with the provisions of subsection G of this section.

3.

Use of Money. The money collected under this section shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision, including the purchase of necessary land and the improvement of such land for park or recreational purposes.

F.

Criteria for Requiring Both Dedication and Fee. The city may require the subdivider to both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

1.

When only a portion of the land to be subdivided is proposed in the general plan as the site for a local park, such portion shall be dedicated for local park purposes, and a fee computed pursuant to the provisions of subsection E of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection D of this section.

2.

When a major part of the local park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated for local park purposes, and a fee computed pursuant to the provisions of subsection E of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection D of this section.

G.

Amount of Fee in Lieu of Land Dedication. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to subsection D of this section. The fee shall be paid pursuant to the provisions contained in subsection J of this section. The "fair market value" of the land at the time of filing the tentative tract or parcel map shall be determined by the city council using one of the following methods:

1.

The assessed market valuation established by the Los Angeles County Tax Assessor, if the land has been assessed within the last calendar year;

2.

The sale price of the land, if the land has been sold within the past five years, plus the inflation rate established by the Consumer Price Index (C.P.I.) for each year subsequent to the sale, plus any contingencies established at the sale which would increase the market value. Documentation of the price established in escrow and the escrow instructions which would affect the final sale price, if any, shall be submitted to the director by the developer;

3.

The sale price of comparable properties in the area, taken from transactions that have completed escrow within the previous year;

4.

An appraisal performed by a member of the appraisal institute (M.A.I.) appraiser, to be paid by the developer, if none of the above methods are applicable.

H.

Determination of Land or Fee. The city council shall determine whether land dedication, the payment of a fee in lieu thereof, or a combination of both, shall be required. Whether the city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1.

Recreational element of the city's general plan;

2.

Topography, geology, access and location of land in the subdivision available for dedication;

3.

Size and shape of the subdivision and land available for dedication;

4.

The feasibility of dedication;

5.

Availability of previously acquired park property. Only the payment of fees shall be required in subdivisions containing fifty parcels or less, or in condominium projects, stock cooperative projects, or community apartment projects containing fifty dwelling units or less. The determination of the city council as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

I.

Credit for Private Open Space. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty percent of the total land dedication required by this section, may be given against the requirement of land dedication or payment of fees in lieu thereof, if the city council finds that it is in the public interest to do so and that all the following standards are met:

1.

That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

2.

That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions;

3.

That the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city council or its successor;

4.

That the proposed private open space is reasonably adaptable for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;

5.

That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan.

Before credit is given, the city council shall make written findings that the above standards are met.

J.

Procedure.

1.

At the time of approval of the tentative tract or parcel map, the city council upon the recommendation of the planning commission, shall determine pursuant to subsection H of this section, the land to be dedicated and/or fees to be paid by the subdivider.

2.

At the time of the filing of the final tract or parcel map, the subdivider shall dedicate the land or pay the fees as previously determined by the city council.

3.

Open space covenants for private park or recreational facilities shall be submitted to the city council prior to approval of the final tract or parcel map and shall be recorded contemporaneously with the final tract or parcel map.

(Ord. 320 § 7 (part), 1997: Ord. 269 § 1, 1991; Ord. 126 § 1 (part), 1980: Ord. 78 (part), 1975)