Lafayette Municipal Code Art. 3 Procedures and Administration

Before city approval of a final map, the parks, trails and recreation commission shall have recommended and the city council shall have established a schedule specifying how, when and where the city will use the land or fees, or both, to develop park or recreational facilities.

(Ord. No. 575, § 2, 7-28-2008)

All land dedicated, park facilities provided, or fees paid shall be held by the city only for the purposes described in Section 6-1619.

(a) Parkland dedication fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by a subdivision, whichever occurs later. If such fees are not committed, such uncommitted funds shall be distributed among 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. For the purpose of this chapter, "committed" means that the fees have been encumbered by contract, conveyed or paid for a specific project, to accomplish a specific purpose with the scope of Section 6-1619.

(b) Except when administrative costs of refunding the unexpended revenues exceed the amount to be refunded, when sufficient funds have been collected for park facilities, as provided for in the Mitigation Fee Act, Government Code § 66006(b)(1)(F), to complete financing on incomplete public facilities and the public facilities remain incomplete, the city shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the acquisition and installation of the parkland facilities will be commenced, or shall refund to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the park improvement fee, and any interest accrued thereon.

(Ord. No. 575, § 2, 7-28-2008)

If, during the ensuing time between dedication of land for park purposes and commencement of first stage development, circumstances arise which indicate that another site would be more suitable for local park, trail or recreational purposes (such as receipt of a gift of additional park and or a change in school location), the land may be sold upon the approval of the city council with the resultant funds being used for the purchase of a more suitable site.

(Ord. No. 575, § 2, 7-28-2008)

(a) At the time of the submittal of a tentative map for official city review or an application for a building permit when no map is required, the owner shall indicate a preference for dedicating land, paying a fee, or a combination of both. If the owner prefers to dedicate land, the owner shall designate it and clearly identify those elements for which the owner is requesting partial credit. Additionally, the owner shall provide evidence of how the dedicated land is to be maintained to a standard acceptable to the approving body.

(b) At the time of the submittal of a tentative map for official city review or an application for a building permit when no map is required, the owner shall indicate a preference for paying a park facilities fee, providing park facilities on dedicated parkland, or a combination of both. If the owner prefers to provide park facilities, the owner shall identify the park facilities and clearly identify those elements for which the owner is requesting an offset of the fees. Additionally, the owner shall provide evidence of how the park facilities are to be maintained to a standard acceptable to the approving body.

(Ord. No. 575, § 2, 7-28-2008)

(a) At the time of approval of the development, the planning commission upon recommendation of the parks, trails and recreation commission shall determine whether to require the dedication of land within the development or the payment of a fee instead, or a combination of both. In making this determination, the planning commission shall consider the following factors:

(1) Whether or not the land offered for dedication substantially complies with the park and recreation, open space, schools and utilities elements of the general plan; and

(2) The topography, soils, soil stability, drainage, access, location and general utility of the land proposed for dedication; and

(3) The size and shape of the development and land proposed to be dedicated; and

(4) The availability of school playgrounds, public parklands and recreational trails in the area and whether or not these can be combined with the land proposed to be dedicated for park and recreational facilities; and

(5) Privately owned park and recreational facilities permanently available and maintained for use by future residents of the development, including any partial credit to be applied pursuant to Section 6-1617 that has been approved by the city council; and

(6) Credit to be applied pursuant to Section 6-1618 that has been approved by city council.

(b) At the time of approval of the development, the planning commission upon recommendation of the parks, trails and recreation commission shall also determine whether the provision of park facilities on dedicated parkland, or the payment of a fee, or a combination of both, is acceptable, including any private facility partial credit (Section 6-1617) or public facility credit (Section 6-1618) approved by the city council.

(Ord. No. 575, § 2, 7-28-2008)

The time and manner for satisfying the requirements imposed by this chapter upon the development of land are as follows:

(a) When land is to be dedicated, it shall be offered for dedication in substantially the same manner as property offered for dedication for street and other public purposes.

(b) When park facilities are to be provided, they shall be offered to the city at the time of recording of the final map or parcel map or issuance of the building permit, whichever occurs first.

(c) When a fee is required, it shall be paid to the city at the time of the recording of the final map or parcel map or issuance of the building permit, whichever occurs first.

(Ord. No. 575, § 2, 7-28-2008)

(a) A permit to rebuild a dwelling unit damaged or destroyed by act of God, fire or other natural disaster, is exempt from this chapter if the permit to rebuild is applied for by the owner within one year of the damage or destruction caused by the natural disaster. If the habitable area of the new unit exceeds that of the unit destroyed or damaged, then the owner shall pay the fee as if the increased area were an addition.

(b) This chapter does not apply to subdivisions containing less than five parcels and not used for residential purposes. However, the city shall place the following condition on the parcel map approval of subdivision: If, within four years, a building permit is requested for construction of a residential structure on one or more of the parcels, the owner of each such parcel is required to comply with this chapter before the permit is issued.

(c) This chapter does not apply to commercial or industrial subdivisions; nor does it apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building if that building is more than five years old and no new dwelling units are added.

(d) No fee, land dedication, nor park facility is required on a parcel for which the requirements of this chapter have previously been met, unless the owner proposes to build a residential structure to add habitable floor area to an existing dwelling unit or to build a second unit on the parcel. If a lesser fee was paid when a subdivision map was recorded the owner shall pay the difference between the amount previously paid and the amount required by the currently approved city fees.

(e) No fee is required for additions to residences of less than 120 square feet of habitable space.

(Ord. No. 575, § 2, 7-28-2008)

The applicant shall provide a report on the schedule of development to the planning commission and parks, trails and recreation commission when submitting the final map to the city. At the time the city approves the final map, parcel map or building permit, the city shall designate when the owner must begin and complete development of the park, trails and recreational facilities, including either on-site or off-site park facilities.

(Ord. No. 575, § 2, 7-28-2008)

The fees and interest earned thereon shall be accounted for accordingly in a separate parkland dedication fund and park facilities fund by the city manager until committed by the city."

(Ord. No. 575, § 2, 7-28-2008)