Lancaster Municipal Code Ch. 15.72 Park-in-Lieu Fees

Footnotes:

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Editor's note— Ord. No. 1139, § 1, adopted Oct. 28, 2025, amended Ch. 15.72 in its entirety to read as herein set out. Former Ch. 15.72, §§ 15.72.010—15.72.060, pertained to similar subject matter, and derived from Ord. No. 1094, § 1, adopted Nov. 8, 2022.

The following words and phrases, whenever used in this ordinance, shall be construed as defined in this section:

"Bedroom" means a room intended to be furnished with a bed and intended primarily for sleeping.

"City" means the city of Lancaster, California.

"Construct" means the putting together, assembling, erecting, or altering of construction materials, components, or modules into a structure, or portion of a structure, and includes reconstructing, enlarging, or altering any structure. Construct also includes the moving and locating of a building, or portions thereof, onto a lot or parcel of land, and also includes the improvement of land as a mobile home park.

"Dwelling unit" means a separate single-family habitation structure or unit containing a bedroom or bedrooms and shall include:

1. A single-family dwelling;

2. Each separate apartment or habitation unit comprising a multiple-dwelling structure or condominium; and

3. Each space or pad designed and allocated to accommodate a mobile home within a mobile home park.

"Mobile home park" means any area or tract of land where one or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.

"Mobile home space" means any area or portion of a mobile home park designated, designed or used for the occupancy of one mobile home on a temporary, semi-permanent or permanent basis.

"Person" means any domestic or foreign corporation, firm, association, syndicate, joint-stock company, a partnership of any kind, joint venture, or common law trust, society, club, or individual.

(Ord. No. 1139, § 1, 10-28-2025)

Each person who constructs any dwelling unit or units as defined in this chapter containing bedrooms in the city shall pay a fee or dedicate land in lieu of the payment of the fee and/or dedication of land as provided for in Resolution No. 85-56, as it may be amended, adopted in conjunction herewith. All fees and/or dedications pursuant to a said resolution shall be deposited or dedicated to the city as provided in this chapter.

(Ord. No. 1139, § 1, 10-28-2025)

The fee imposed under this chapter shall not apply to the following:

A. Enlargement, remodeling, and/or alteration of a building;

B. Reconstruction of a building which was damaged or destroyed by earthquake, fire, flood, or other cause over which the owner has no control (provided that compliance with any building code or another ordinance requirement of the city shall not be deemed a cause over which the owner has no control). If the number of dwelling units in the building is increased, then the fee imposed under this chapter shall apply to such increased number of dwelling units;

C. Replacement of any building on the same lot, if the construction of the new building is commenced within twelve (12) months from the date the previous building was substantially removed from the lot.

(Ord. No. 1139, § 1, 10-28-2025)

Any fee and/or dedication of land required to comply with any provision(s) of this chapter shall be paid prior to the issuance of any building permit for construction of any dwelling unit or mobile home space. Such fee shall be paid to the city. Land dedication of parcels not within the project may be considered at the discretion of the city.

(Ord. No. 1139, § 1, 10-28-2025)

A fee paid under this chapter for the construction of a new dwelling unit which is not built is refundable. A refund shall be made upon the application of the property owner to the city and upon owner's showing that the construction of a new dwelling unit has not been commenced and the building permit issued therefor has expired, has been canceled, or has been revoked. The application must be made within one year from the cancellation, expiration, or revocation of the building permit, provided, however, no refund shall be made when a dwelling unit is damaged or destroyed. In addition, no refund shall be made for mobile home spaces upon final approval of the construction permit for a mobile home park. In no case shall any refund exceed ninety (90) percent of the total fee collected to offset costs incurred by the city for administering this fee.

(Ord. No. 1139, § 1, 10-28-2025)

No credit shall be given for private open space in a residential development.

(Ord. No. 1139, § 1, 10-28-2025)