§ 19.82 — Duarte Zoning Code | GoCodebook Library

19.82.010 - Purpose and recitals. ¶

A.

Purpose. This Chapter establishes requirements for the dedication of land for parks and related recreational purposes to serve the residents of newly created subdivisions.

B.

Council recitals. The Council finds, determines, and declares as follows:

1.

In 1975, the State Legislature amended the Subdivision Map Act (Government Code Sections 66410 et seq.) to enable the City to require the dedication of land, the payment of fees, or a combination of both, for park or recreational purposes as a condition of approval of a subdivision;

2.

Before the City may avail itself of Government Code Sections 66410 et seq., it shall have a Open Space and Conservation Element to the General Plan with definite principles and standards for the park and recreational facilities to serve the residents of the City; and

3.

The Council has adopted an Open Space and Conservation Element to the General Plan.

19.82.020 - Applicability.

A.

Subdividers shall provide park and recreational facilities. Every subdivider who subdivides land shall dedicate a portion of the land, pay a fee, or do both, as specified in this Chapter for the purpose of providing park and recreational facilities to serve future residents of the subdivision.

Application—Exceptions. The provisions of this Chapter shall apply to all subdivisions, as that phrase is defined in Government Code Sections 66410 et seq., except for the following:

1.

Condominium projects which consist of the subdivision of air space in an existing apartment structure which is more than five years old when no new dwelling units are added;

2.

Industrial subdivisions;

3.

Parcel maps containing fewer than five parcels; and

4.

For a shopping center containing more than 300,000 square feet of gross leasable area with no residential development or uses.

C.

Applicability to parcel maps and multi-dwelling unit developments.

1.

The requirements of this Chapter shall also apply to persons filing parcel maps for approval by the City and to persons constructing new multi-unit residential developments within the City, except as provided in this Section.

2.

Notwithstanding the provisions of this Chapter, persons subject to the provisions of this Section shall pay the required fee(s) and shall not have the alternative of dedicating land.

19.82.030 - Relationship of land required to population density. ¶

A.

Relation of land required to population density. The Council has found and determined that the public convenience, health, interest, safety, and welfare require that two and one-half acres of property, for each 1,000 persons residing within this City, shall be devoted to park and recreational purposes.

B.

Population density.

1.

Population density, for the purpose of this Chapter shall be determined in compliance with the most recent decennial U.S. Census or State of California Department of Finance population estimates):

a.

Single-family dwelling units and duplexes are equal to three and one-tenth persons per dwelling unit; and

b.

Multi-family dwelling units are equal to two and one-tenth persons per dwelling unit.

2.

The basis for determining the total number of dwelling units shall be the number of units allowed by the City on the property included in the subdivision at the time the final map is filed with the Council and/or review authority for approval.

_____

19.82.040 - Land dedication formula. ¶

The amount of land required to be dedicated by a subdivider in compliance with this Chapter shall be based on the gross area included within the subdivision in compliance with Table 5-2 (Density Calculations), below.

TABLE 5-2

DENSITY CALCULATIONS

TABLE 5-2 DENSITY CALCULATIONS
Net Density per Dwelling Unit	Percentage of the Gross Area of the Subdivision Required When Park Land Is Dedicated
1 dwelling unit per acre or more	0.60
1 dwelling unit per ½ to 1 acre	1.20
1 dwelling unit per 10,000 sq. ft. to ½ acre	1.73
1 dwelling unit per 9,000 to 9,999 sq. ft.	2.70
1 dwelling unit per 8,000 to 8,999 sq. ft.	3.01
1 dwelling unit per 7,000 to 7,999 sq. ft.	3.40
1 dwelling unit per 6,000 to 6,999 sq. ft.	3.90
1 dwelling unit per 5,000 to 5,999 sq. ft.	4.58
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

19.82.050 - Amount of fee in lieu of land dedication. ¶

A. Amount of fee required.

1.

Where a fee is required to be paid in lieu of land dedication, the amount of the fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated in compliance with Section 19.82.040 (Land Dedication Formula), above.

2.

The amount of the fee shall be a sum equal to the fair market value of the amount of land required in compliance with Table 5-3 (Fee Calculations), below.

TABLE 5-3 FEE CALCULATIONS
Net Density per Dwelling Unit	Square Feet of Park Land Required for Each Gross Acre of Subdivision
1 dwelling unit per acre or more	262
1 dwelling unit per ½ to 1 acre	527
1 dwelling unit per 10,000 sq. ft. to ½ acre	767
1 dwelling unit per 9,000 to 9,999 sq. ft.	1,209
1 dwelling unit per 8,000 to 8,999 sq. ft.	1,350
1 dwelling unit per 7,000 to 7,999 sq. ft.	1,532
1 dwelling unit per 6,000 to 6,999 sq. ft.	1,768
1 dwelling unit per 5,000 to 5,999 sq. ft.	2,090
10 to 19 dwelling units per acre	2,680
20 to 29 dwelling units per acre	4,466
30 to 39 dwelling units per acre	6,257

B.

Fair market value. The fair market value shall be determined as of the time of filing of the final map in compliance with the following:

The subdivider may, at the subdivider's own expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the City, which appraisal may be accepted by the Council if found reasonable; or

2.

The City and subdivider may agree to the fair market value.

C.

Credit for private open space. Where private open space for park and recreational purposes is provided in a proposed subdivision and the space is to be privately owned and maintained by the future residents of the subdivision, the areas shall be credited against the requirement of dedication for park and recreation purposes, as specified in Section 19.82.040 (Land Dedication Formula), above, or the payment of fees in lieu thereof, as specified in this Section (Amount of Fee in Lieu of Land Dedication); provided, the Council finds it is in the public interest to do so, and that all of the following standards are met:

1.

The court areas, setbacks, yards, and other open areas required to be maintained by this Development Code or applicable building regulations shall not be included in the computation of the private open space;

2.

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

3.

The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the subdivision and which cannot be defeated or eliminated without the consent of the Council;

4.

The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration factors as access, geology, shape, size, topography, and location of the private open space land(s); and

5.

The facilities proposed for the open space are in substantial compliance with the provisions of the Open Space and Conservation Element of the General Plan, and are approved by the Council.

D.

Time of commencement shall be designated. The approved tentative map shall be conditioned to designate the time when development of the park and recreational facilities shall be commenced.

19.82.060 - Determination of dedication of land or payment of fee. ¶

A.

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

1.

Subdivider.

a.

At the time of filing a tentative map for approval, the owner of the property shall, as a part of the filing, indicate whether the owner desires to dedicate property for park and recreational purposes or desires to pay a fee in lieu of dedication.

b.

If the owner desires to dedicate land for this purpose, the owner shall designate the area on the tentative map as submitted.

2.

Action of city. At the time of the tentative map approval, the Council shall determine as a part of the approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu of dedication, or a combination of both.

3.

Prerequisites for approval of final map.

a.

Where dedication is required, it shall be accomplished in compliance with Government Code Sections 66410 et seq.

b.

Where fees are required, the same shall be deposited with the City before the approval of the final map.

c.

Open space covenants for private park or recreational facilities shall be submitted to the City before approval of the final map and shall be recorded contemporaneously with the final map.

B.

Determination.

1.

Whether the Council accepts land dedication or elects to require payment of a fee in lieu of dedication, or a combination of both, shall be determined by consideration of all of the following:

a.

The Open Space and Conservation Element of the General Plan;

b.

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

c.

The shape and size of the subdivision and the land available for dedication.

2.

The determination of the Council as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

3.

On subdivisions involving 50 parcels or fewer, only the payment of fees shall be required in compliance with Government Code Section 66477 (a)(7); however, land may be accepted upon agreement of the subdivider and the Council.

19.82.070 - Limitations on the use of land and fees. ¶

The land and fees received in compliance with this Chapter shall be used only for the purpose of providing 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.

Chapter 19.83 - NONRESIDENTIAL CONDOMINIUMS

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