Lincoln Municipal Code Ch. 17.32 Park Dedication and Fees

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California. The park and recreational facilities for which dedication of land and/or payment of the fee is required by this chapter are in accordance with the recreation element of the general plan.

(Ord. 324B §7-1, 1977)

As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in this chapter. The city engineer may accept dedications imposed as a condition of approval of a tentative parcel map.

(Ord. 347B §3, 1978: Ord. 324B §7-2, 1977)

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

(1) Only the payment of fees shall be required in subdivisions containing 50 parcels or less;

(2) The recreation element of the general plan;

(3) Topography, geology, access and location of land in the subdivision available for dedication;

(4) Size and shape of the subdivision and land available for dedication;

(5) The feasibility of dedication;

(6) The location of suitable recreational facilities in the unincorporated area of the county;

(7) The availability and location of existing community parks.

(b) The determination of the council whether land shall be dedicated, or whether a fee shall be charged or a combination thereof, shall be final.

(Ord. 324B §7-3, 1977)

Principles and standards for park and recreational facilities have been designated in the recreation element of the general plan. The subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula:

(1) The park acreage standard is five acres per 1,000 population.

(2) The following table of population density is to be followed:

PARK LAND DEDICATION FORMULA TABLE

(Ord. 607B §1, 1993: Ord. 324B §7-4, 1977)

Whenever a fee is required to be paid in lieu of land dedication, the subdivider shall pay a fee equal to the value of the land prescribed for dedication in Section 17.32.040 and in an amount determined in accordance with the provisions of Section 17.32.070.

(Ord. 324B §7-5.1, 1977)

In subdivisions of over 50 lots, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following standards:

(1) When only a portion of the land to be subdivided is proposed in the recreational element of the general plan as a site for a local park, such portion shall be dedicated for local park purposes and a fee, computed pursuant to the provisions of Section 17.32.070, shall be paid for any additional land that would have been required to be dedicated pursuant to Section 17.32.040.

(2) When a major part of a park or recreational site to serve the subdivision has already been acquired by the city and only a small portion of land is needed from the subdivision to render the site adequate in size, such remaining portion shall be dedicated and a fee, computed pursuant to the provisions of Section 17.32.050, shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to Section 17.32.040. Such fees are to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and re-creational facilities in the area serving the subdivision.

(Ord. 324B §7-6, 1977)

Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would other-wise be required to be dedicated pursuant to Section 17.32.040. Fees shall be paid pursuant to the provisions contained in Section 17.32.050. The fair market value shall be determined at the time of filing the tentative map or parcel map.

(Ord. 324B §7-7, 1977)

Where the proposed subdivision lies within an area not then, but to be, included within the city's general plan, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the general plan and in accordance with the provisions of this article.

(Ord. 324B §7-8, 1977)

(a) No credit shall be given for private open space in a subdivision except as provided in this section. Whenever any subdivision of 50 or more lots is to be developed as a condominium project, stock cooperative or community apartment project, and private open space for park and recreation purposes is provided in the proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed to exceed 50 percent, may be given against the requirement of land dedication or payment of fees in lieu thereof if the council, upon the recommendation of the commission and the parks and recreation commission, finds that it is in the public interest to do so and that all the following standards are met:

(1) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not 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 recorded written agreement, conveyance or restrictions;

(3) That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successor;

(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;

(5) That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan.

(b) Before credit is given, the council shall make written findings that the standards of subsection (a) of this section are met.

(Ord. 324B §7-9, 1977)

The land, fees or combination thereof shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase and development of necessary land or, if the council determines that there is sufficient land available to serve the subdivision, for improving such land for park and recreational purposes.

(Ord. 324B §7-5.2, 1977)

At the time of approval of the tentative subdivision map or parcel map, the council shall determine pursuant to Section 17.32.030 the land to be dedicated and/or the fees to be paid by the subdivider. At the time of the filing of the final subdivision map or parcel map, the subdivider shall dedicate the land and/or pay the fees as previously determined.

(Ord. 324B §7-10, 1977)

At the time of approval of the final map, or parcel map, the council shall specify when development of the park or recreational facilities shall begin.

(Ord. 324B §7-11, 1977)

The provisions of this chapter do not apply to industrial subdivisions, nor do they apply to condominium projects which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added, nor to parcel maps for a subdivision containing less than five parcels and not used for residential purposes.

(Ord. 324B §7-12, 1977)