Hesperia Municipal Code Ch. 17.52 Dedication of Land and/or Payment of Fees for Park and Recreation Purposes

A. As a condition of approval of a tentative map, prior to the approval of every final map, the city shall require dedication of a portion of such land, payment of a fee in lieu thereof, or a combination of both, as set forth in this chapter, for the purpose of establishing and developing park and recreation facilities to serve the future residents of such subdivided property.

B. As a condition of final approval of any building permit for a single-family residence, condominium unit, townhouse unit, apartment unit, second dwelling unit, mobile home space, recreational vehicle space, or any similar unit or space where an individual or group of individuals may reside, the city shall require dedication of a portion of such land, payment of a fee in lieu thereof, or a combination of both, as set forth in this chapter; for the purpose of establishing and developing park and recreational facilities to serve the future residents of such subdivided property.

(Ord. 2006-19 § 3 (Exh. A (part)), 2006)

The requirements of the ordinance codified in this chapter shall be complied with prior to the final approval of any building permit by the provision of parkland in whole or in part the payment of a park fee, or by a combination of both as required by the city.

A. Subdivider/Owner. At a time of filing a tentative map application, or building permit, the subdivider/owner shall, as part of such filing, state in writing whether it is desired to dedicate property for park and recreational purposes or to pay a fee in lieu thereof. If the subdivider/owner desires to dedicate a park for this purpose, the area shall be designated on the tentative tract map as submitted.

B. Action of City. At the time of the tentative tract map approval, or building permit application, the city shall determine as part of such approval, whether to require a dedication of the land within the subdivision, payment of a fee in lieu thereof or a combination of both.

C. Prerequisites for Approval of Final Maps. Where dedication is offered and accepted, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be deposited with the city prior to approval of the final inspection for any building permit.

D. Determination. The city shall determine whether to require land dedication, require payment of the fee in lieu thereof or a combination of both, by consideration of the following:

1. Open space element of the general plan;

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

3. Size and shape of the subdivision and land available for dedication.

E. Credit for Private Open Space. Where private open space is and its creation 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 up to seventy-five (75) percent against the requirement of a dedication for park and recreation purposes, or the payment of fees in lieu thereof, provided the city finds it is in the public interest to do so, and that the following standards are met:

1. That yards, court areas, setbacks, and other open area required be maintained by the zoning, land use district, and building regulations shall 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 written agreement;

3. That 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 tract;

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

5. That facilities proposed for the open space are in substantial accordance with the provisions of the general plan and are approved by the planning commission and/or city council.

(Ord. 2006-19 § 3 (Exh. A (part)), 2006)

The provisions of this chapter do not apply to non-residential subdivisions or developments.

(Ord. 2006-19 § 3 (Exh. A (part)), 2006)