Lomita Municipal Code Art. 9 Park Land Dedications

Pursuant to section 66477 of the California Government Code, a subdivider as hereinafter provided must dedicate land to the city, or pay a fee to the city in lieu thereof, or a combination of both for park or recreation purposes.

(Ord. No. 442, § 1, 6-5-89)

This Article shall apply to all residential subdivisions. However, a condition may be placed on the approval of a nonresidential parcel map at the discretion of the city that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee provided for hereunder may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. This Article does not apply to commercial or industrial subdivisions or to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five (5) years old when the new dwelling units are added.

(Ord. No. 442, § 1, 6-5-89; Ord. No. 482, § 1, 7-1-91)

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 exceeds fifty (50) dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty (50). However, nothing herein shall prohibit the dedication and acceptance of land for park and recreation purposes from developments of fifty (50) parcels or less where the subdivider proposes such dedication voluntarily and the land is acceptable to the city council.

(Ord. No. 442, § 1, 6-5-89)

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 Article.

Planned developments, real estate developments, stock cooperatives and community apartment projects (as defined in sections 11003, 11003.1, 11003.2, 11003.4 and 11004 of the Business and Professions Code) and condominiums (as defined in section 783 of the Civil Code) shall be eligible to receive a credit determined on a case-by-case basis by the planning commission against the amount of land required to be dedicated or the amount of the fee imposed pursuant to this Article for the value of private open space within the development which is usable for active recreational uses.

(Ord. No. 442, § 1, 6-5-89)

The amount of land required to be dedicated by the subdivider shall be no more than the acreage determined by the following formula:

(D.U. × D.F.) × 1½ = A

1,000

(Ord. No. 442, § 1, 6-5-89; Ord. No. 482, § 2, 7-1-91; Ord. No. 659, § 1, 9-15-03)

The city shall develop a schedule specifying how, when and where it will use the land or fees to serve the residents of the subdivision. Fees collected under this Article shall be committed within five (5) years of collection or issuance of building permits on one-half of the project units whichever is later. Fees not so committed shall be distributed and paid to the then record owners of the subdivision in the same proportion that their lot size bears to the total area of the project.

(Ord. No. 442, § 1, 6-5-89)

(a) Dedication of land required herein shall be made in accordance with the procedures set forth in Government Code sections 66475 through 66478.

(b) The subdivision shall, without credit:

(1) Provide full street improvements and utility connections, including but not limited to curbs, gutters, street paving, traffic-control devices, street trees, and sidewalks to land which is dedicated hereunder;

(2) Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

(3) Provide improved drainage through the site; and

(4) Provide other minimal improvements which the planning commission determines to be essential to the acceptance of the land for recreational purposes.

(c) The land to be dedicated and the improvements to be made pursuant to this section shall be approved by the director of parks and recreation.

(Ord. No. 442, § 1, 6-5-89)

(a) Fees in lieu of land dedications shall be used only for the purpose of developing new or rehabilitating existing recreational facilities to serve the subdivision for which the fees were paid. The amount of fee in lieu of land dedication shall be determined by the following formula:

XB = F

(b) The fair market value shall be based upon the then assessed value modified to equal market value in accordance with current practice of the county assessor.

(c) The fee so calculated must be paid by the subdivider prior to recording of the parcel map or tentative map.

(Ord. No. 442, § 1, 6-5-89; Ord. No. 482, § 3, 7-1-91)