Burbank Municipal Code Art. 13 Dedication of Park

11-1-1301: DEDICATION OF LAND AND/OR PAYMENT OF FEES FOR PARK AND RECREATION PURPOSES:

Every subdivider who subdivides land shall, for the purpose of providing park and recreation facilities to serve such subdivision dedicate a portion of the land, pay a fee, or do both, as set forth in this article. [Formerly numbered Section 27-133; renumbered by Ord. No. 3058, eff. 2/21/87; 2197.]

11-1-1302: LIMITATION ON APPLICABILITY OF ARTICLE:

The provisions of this article shall be applicable only to subdivisions for which tentative maps were applied for and accepted for processing prior to November 1, 1986. [Added by Ord. No. 3045; formerly numbered Section 27-133.1; renumbered by Ord. No. 3058, eff. 2/21/87.]

11-1-1303: EXEMPTIONS FROM PARK DEDICATION:

A. The provisions of this article shall not apply to:

Subdivisions for which tentative subdivision maps have been filed within thirty (30) days after the effective date of this article;
Industrial subdivisions;
Condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added;
Commercial subdivisions;
Subdivisions of residentially zoned land into four (4) or less parcels, but only as to those parcels having existing single-family dwellings which will continue to remain on such parcels without any increase in the number of dwelling units. [Formerly numbered Section 27-134; renumbered by Ord. No. 3058, eff. 2/21/87; 2397, 2197.]

11-1-1304: RELATION OF LAND REQUIRED FOR PARK DEDICATION TO POPULATION DENSITY:

It is hereby found and determined:

A. That the public interest, convenience, health, welfare and safety require that four (4) acres of property for each one thousand (1,000) persons residing within this City be devoted to park and recreation purposes.

B. That said requirement will be satisfied in part by cooperative arrangements between the City and the Burbank Unified School District to make available one and one-half (11/2) acres of property for each one thousand (1,000) persons residing within the City for park and recreation purposes.

C. That the remainder of the required four (4) acres shall be supplied by the requirements of this article and the recreation program of the City. [Formerly numbered Section 27-135; renumbered by Ord. No. 3058, eff. 2/21/87; 2197.]

11-1-1305: POPULATION DENSITY FOR PARK DEDICATION:

Population density for the purpose of this article shall be:

A. Single-family dwelling units, and duplexes = 3.1 persons per dwelling unit; and

B. Multiple-family dwelling units = 2.1 persons per dwelling unit.

The basis for determining the total number of dwelling units shall be the number of such units permitted by the City on the property included in the subdivision at the time the parcel or final subdivision tract map is filed with the Council for approval. [Formerly numbered Section 27-136; renumbered by Ord. No. 3058, eff. 2/21/87; 2197.]

11-1-1306: AMOUNT OF LAND FOR PARK DEDICATION:

The amount of land required to be dedicated by a subdivider pursuant to this article shall be based on the gross area included in the subdivision determined by the following formula:

Density Formula

Percentage of the Gross Area of the

Net Density Per Dwelling Unit Subdivision Required When Park Land is Dedicated 1 dwelling unit per acre or more 0.60 1 dwelling unit per 1/2 to 1 acre 1.20 1 dwelling unit per 10,000 square feet to 1.73 1/2 acre 1 dwelling unit per 9,000 to 9,999 2.70 square feet 1 dwelling unit per 8,000 to 8,999 3.01 square feet 1 dwelling unit per 7,000 to 7,999 3.40 square feet 1 dwelling unit per 6,000 to 6,999 3.90 square feet 1 dwelling unit per 5,000 to 5,999 4.58 square feet 10 to 19 dwelling units per acre 5.79 20 to 29 dwelling units per acre 9.30 30 to 39 dwelling units per acre 12.56 40 to 49 dwelling units per acre 15.58 50 to 59 dwelling units per acre 18.40 60 to 69 dwelling units per acre 21.05 70 to 79 dwelling units per acre 23.54 80 to 89 dwelling units per acre 25.85 90 to 99 dwelling units per acre 28.00 100 dwelling units and over per acre 29.07

[Formerly numbered Section 27-137; renumbered by Ord. No. 3058, eff. 2/21/87; 2197.]

11-1-1307: AMOUNT OF FEE IN LIEU OF PARK LAND DEDICATION:

Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be as designated in the Burbank Fee Resolution. [Formerly numbered Section 27-138; renumbered by Ord. No. 3058, eff. 2/21/87; 2930, 2810, 2197.]

11-1-1308: SUBDIVIDER REQUIRED TO DEDICATE PARK LAND GIVEN CREDIT FOR OPEN SPACE:

Where private open space for park and recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas shall be credited against the requirement of dedication for park and recreation purposes, as set forth in Section 11-1-1306 of this article, or the payment in fees in lieu thereof, as set forth in Section 11-1-1307 of this article, provided the approving body finds it is in the public interest to do so, and that the following standards are met:

A. That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations of this code are not included in the computation of such open space.

B. That the private ownership and maintenance of the open space is adequately provided for by written agreement;

C. That the use of the open space is restricted to park and recreation purposes, by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the Council;

D. That the proposed open space is reasonably adaptable for park and recreation use, taking into consideration such factors as size, shape, topography, geology, access, and location of the open space land; and

E. That facilities proposed for the open space are in substantial accordance with the provisions of the recreation element of the General Plan. [Formerly numbered Section 27-139; renumbered by Ord. No. 3058, eff. 2/21/87; 2197.]

11-1-1309: CHOICE OF DEDICATING PARK LAND OR PAYING FEE:

A. Procedure: The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

Subdivider: At the time of filing a tentative map for approval, the subdivider shall, as a part of such filing, indicate whether they desire to dedicate property for park and recreation purposes, or whether they desire to pay a fee in lieu thereof. If they desire to dedicate land, they shall designate the area on the tentative map as submitted.
Action of City: At the time the tentative map is approved, the approving body shall determine as a part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both.
Prerequisites for Approval of Final or Parcel Map: Where dedication is required it shall be accomplished in accordance with the provisions of this article and the other articles of this chapter. Where fees are required they shall be deposited with the City prior to the approval of the final or parcel map. Open space covenants for private park or recreation facilities shall be submitted to the City prior to approval of the final or parcel map and shall be recorded contemporaneously with the final or parcel map.

B. Determination: Whether the approving body 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:

Recreation element of the City’s General Plan;
Topography, geology, access and location of land in the subdivision available for dedication; and
Size and shape of the subdivision and land available for dedication.

The determination of the approving body as to whether land shall be dedicated, or a fee charged, or a combination of both, shall be final and conclusive, except for appeal. On subdivisions involving fifty (50) lots or less, only the payment of fees shall be required. [Formerly numbered Section 27-140; renumbered by Ord. No. 3058, eff. 2/21/87; 2197.]

11-1-1310: COMMENCEMENT OF PARK DEVELOPMENT:

At the time the final map is approved or in the case of a parcel map, on being advised of the Planning Commission’s approval, the Council shall specify the time when development of the park and recreation facilities will begin. [Formerly numbered Section 27-141; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2197.]

11-1-1311: LIMITATIONS ON USE OF DEDICATED PARK LAND AND FEES:

The land and fees received under this article shall be used only for the purpose of providing park and recreation facilities to serve the subdivision for which received and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the subdivision. [Formerly numbered Section 27-142; renumbered by Ord. No. 3058, eff. 2/21/87; 2197.]