Calexico Municipal Code Ch. 3.34 Parkland Dedication Fees

This section is enacted pursuant to the authority granted by Section 66477 of Government Code of the state of California. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the park and recreational element of the general plan of the city.

(Ord. 953 Exh. A (part), 1995)

As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula adopted by resolution of city council.

(Ord. 953 Exh. A (part), 1995)

If the city council determines that a park or recreational facility 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, at the time of the filing of the final or parcel map, dedicate land for such facility pursuant to standards and formula determined by city council.

The total number of dwelling units shall be the number approved by the city on the property in the subdivision at the time the final map or parcel map is filed for approval. Exceptions shall be made for subdivisions which consist of the conversion of existing buildings or mobile home parks into condominiums or other planned developments, and any existing residential units. In those cases, the existing units or lots shall be subtracted from the total units or lots.

(Ord. 953 Exh. A (part), 1995)

A. If the proposed subdivision contains fifty parcels or less, only the payment of fees shall be required.

B. If the city council determines that there is no park or recreational facility to be located in whole or in part within the proposed subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in accordance with this section.

C. If the city council requires the subdivider to dedicate land and the amount of land is less than would otherwise be required by this section for that subdivision, a fee equal to the value of the land which would otherwise have been required shall be paid.

D. If fees are required, they shall be paid prior to the issuance of certificates of occupancy for the subdivision. If building permits are issued for a portion of the subdivision, only the corresponding portion of the fees shall be paid. The lot owner's obligation to pay the fees, if the fees are not paid at recordation, shall be noted on the final map.

(Ord. 953 Exh. A (part), 1995)

Whether the city council requires land dedication or elects to accept payment of a fee in lieu thereof, or a combination of both, shall be determined by the city council at the time of approval of the tentative map. In making that determination, the city council shall consider the following:

A. Park and recreation element of the general plan;

B. Topography, geology, access and location of land in the subdivision available for dedication. In the event a retention basin is necessary for the health and safety of the subdivision, the retention basin shall be developed and dedicated for park purposes;

C. Size and shape of the subdivision and land available for dedication. The dedicated land shall be of the size and shape acceptable to the city council.

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;

D. The fee in lieu of land dedication shall be set by resolution of the city council after conducting a public hearing;

E. The net land dedication shall be .0125 acres per residential unit.

(Ord. 1036 § 3, 2006; Ord. 953 Exh. A (part), 1995)*

* Editor's Note: Ord. 1036 contained two sections numbered 3.

A. Where a fee is required to be paid in lieu of land dedication, the amount of such fees shall be paid upon the fair market value of the amount of land and improvements as determined by resolution of the city council.

B. The value of minimum land improvements shall be included in the fee. Said improvements shall include an irrigation system, extension of raw water main, and ground cover.

C. If the subdivider objects to such valuation, he may, at his expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the city, which appraisal may be accepted by the city council if found to be reasonable. If accepted, the fee shall be based on that appraisal instead of the average estimate.

(Ord. 953 Exh. A (part), 1995)

The land and fees received under this section shall be used only for the purpose of developing new or rehabilitating existing park and recreational 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 recreational facilities by the future inhabitants of the subdivision.

(Ord. 953 Exh. A (part), 1995)

The city council shall develop a schedule specifying how, when, and where it will use the fees to benefit the residents of the subdivision. The city council may adopt conditions of approval for the subdivision which satisfy this schedule requirement.

(Ord. 953 Exh. A (part), 1995)

A. The provisions of this section shall not apply to subdivisions containing less than five parcels and not used for residential purposes; provided, however, that 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 condition to the issuance of such permit.

B. The provisions of this section also do not apply to commercial or industrial subdivisions; nor 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.

C. The provisions of this section shall not apply to residential property where a final map or parcel map is already filed and no division of the land into a greater number of parcels is requested.

(Ord. 953 Exh. A (part), 1995)