Kingsburg Municipal Code Ch. 15.56 Dedications for Parks and Recreation Facilities

This chapter is enacted pursuant to Section 66477 of the Government Code of the State of California to provide the city with the authority to require the dedication of land or payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approval of any tentative subdivision map or parcel map and to provide definite standards for determining the proportion of a subdivision to be dedicated and the amount of any fee to be paid in lieu thereof. The park and recreation areas and facilities for which land dedication and/or fees are required by this chapter shall be in accordance with the policies and standards of the Kingsburg general plan and the North Kingsburg specific plan.

(Ord. 2007-05 § 1 (part), 2007)

As a condition of approval of any tentative subdivision map or any parcel map, the applicant shall dedicate land or pay a fee in lieu thereof, or a combination of both, at the option of the city, to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision. The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. The city shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision. All fees collected pursuant to this chapter shall, within five years after the payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later, be committed for expenditure for the development of new or the rehabilitation of existing neighborhood or community parks or recreational facilities to serve the inhabitants of the subdivision. If the fees are not so committed, such fees, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. Only the payment of fees may be required in subdivisions containing fifty (50) parcels or less, except that when a condominium project, stock cooperative, or community apartment project, as those terms are defined in Section 1351 of the Civil Code, exceeds fifty (50) dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty (50). Park and recreation purposes shall include land and facilities for the activity of "recreational community gardening," which actively consists of the cultivation by persons other than, or in addition to, the owner of the land, of plant material not for sale.

(Ord. 2007-05 § 1 (part), 2007)

The amount of land dedicated or fees paid shall be established by resolution of the city council and shall be based upon residential density determined on the basis of the approved or conditionally approved tentative map or parcel map and the average number of persons per household. The average number of persons per household by units in a structure shall be the same as that disclosed by the most recent available federal census. The dedication of land, or the payment of fees, or both, shall not exceed the proportionate amount necessary to provide three acres of park area per one thousand (1,000) persons residing within a subdivision unless the amount of existing neighborhood and community park area, as calculated pursuant to this chapter exceeds that limit, in which case the city council may adopt the calculated amount as a higher standard not to exceed five acres per one thousand (1,000) persons residing within a subdivision. The park area per one thousand (1,000) members of the population of the city, shall be derived from the ratio that the amount of neighborhood and community park acreage bears to the total population of the city, as shown in the most recent available federal census. The amount of neighborhood and community park acreage shall be the actual acreage of existing neighborhood and community parks of the city, as shown on its records, plans, recreational element, maps, or reports as of the date of the most recent available federal census. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this chapter. Common interest developments, as defined in Section 1351 of the California Civil Code, shall be eligible to receive a credit, as determined by the city council against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses.

(Ord. 2007-05 § 1 (part), 2007)

This chapter shall not apply to the following land divisions:

A. Subdivisions containing fewer than five parcels and not used for residential purposes. However, a condition may be placed on the approval of a 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 after the date of recordation of the parcel map, the fee may be required to be paid by the owner of each parcel as a condition of the issuance of the permit;

B. Commercial or industrial subdivisions;

C. Condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five years old when no new dwelling units are added.

(Ord. 2007-05 § 1 (part), 2007)