Chapter 15.42 — PARK AND RECREATIONAL LAND DEDICATIONS AND IN-LIEU FEES

(a) The purpose of this chapter is to comply with Section 66477 of the Government Code of the state, and to provide by ordinance for the dedication of land, the payment of fees in lieu thereof, or a combination of both, for park and recreational purposes, as a condition to approval of a final map or parcel map.

(b)

The park and recreational land requirements imposed must be compatible with the open space and conservation element and the recreation element of the city's general plan and must be in accordance with the principles and standards set forth in such plan. The amount and location of land to be dedicated or the fees to be paid do, in the opinion of the city council, bear a reasonable relationship to the park and recreational needs of the future inhabitants of the subdivision. When fees are charged in lieu of land dedication, the city council obligates itself to spend such fees upon the development of park or recreational facilities for the use of the inhabitants Of such subdivision within ten years following the end of the fiscal year in which such fees are imposed.

(Ord. 586 § 2(part), 1983).

15.42.020 - Limitations on application of chapter.

(a) In subdivisions containing fifty parcels or less, the city shall require only the payment of fees and shall not require the dedication of land.

(b)

Subdivisions containing less than five parcels and not proposed to be used for residential purposes are exempt from the requirements of this chapter; provided, however, that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels of such subdivision within four years of its approval, a fee may be required to be paid by the applicant for said permit as a condition to the issuance thereof.

(c)

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, but no new dwelling units are added; nor do they apply to parcel maps for a subdivision containing less than five parcels for a shopping center containing more than three hundred thousand square feet of gross leasable area and no residential development or uses.

(Ord. 586 § 2(part), 1983).

(a) The city council has determined that any inhabitant of a subdivision needs approximately two hundred ninety square feet of improved public park and recreational facilities to adequately provide for the public health, welfare and safety. The city council finds and determines, based upon historical experience and current statistical trends, that the average occupancy of a single-family dwelling in the city is three persons. The average occupancy for a duplex dwelling in Yreka is 2.25 persons, and the average occupancy per unit of apartment dwellings is 1.75 persons per unit.

(b)

The council further determines that the in-lieu fees must be predicated upon an established uniform land value predicated upon the permitted use of the land within the area to be subdivided. In other words, as a

community average, the greater the residential density permitted per acre, the greater the fair market value per acre.

(Ord. 586 § 2(part), 1983).

(a) As a condition to the approval of a final map or a parcel map, the planning commission shall impose a land dedication requirement or an in-lieu fee requirement, or a combination thereof, in accordance with the following table. Where dedication of land is required, the land proposed for such dedication must be suitable for a multiplicity of recreational purposes, and its proposed location shall be subject to the approval of the parks and recreation department and the planning commission, and shall be compatible with the parks and recreation element of the general plan. Maximum accessibility and usability shall be used by the planning commission as criteria in the site selection.

The in-lieu fee per unit for each type of unit shall be set by resolution of the city council.

(b)

Planned development districts or new condominiums shall be computed as a single-family unit.

(c)

The requirements of this chapter for planned development districts shall be in addition to those specific requirements set forth in the planned development district preliminary plans.

(Ord. 586 § 2(part), 1983).

If the development or operation of a mobilehome park results in a subdivision of land as such is defined in the Subdivision Map Act of the state, at the time of the approval of the final map or parcel map for such subdivision, the developer or owner of each parcel shall pay to the city, in addition to any and all other requirements of this code, an in-lieu fee of one hundred dollars per mobilehome space, to offset the cost of public provision of park and recreational facilities to serve the needs of the inhabitants of the mobilehome park.

(Ord. 586 § 2 (part), 1983).

Where land is dedicated for park and recreation purposes pursuant to this title, and such land fronts on a street interior to a subdivision, the subdivider shall be responsible for the improvement of the dedicated area with curb, gutter, drains, street lights, sidewalk and pavement identical to the standards of improvement required for the other areas of the subdivision.

(Ord. 586 § 2(part), 1983).

This chapter shall apply to all subdivisions except those subdivisions for which a completed application is on file prior to the effective date of this title. Applications for subdivisions for which a completed application is on file prior to August 8, 1983, and the provisions of this chapter in effect prior to said date shall govern all such applications and tentatively or conditionally approved maps.

(Ord. 586 § 2(part), 1983).

The funds collected pursuant to the provisions of this chapter shall be used only for the purpose of providing park or recreational facilities and improvements reasonably related to serving the subdivision or subdivisions from which said fees are collected. In collecting funds pursuant to this section, the city shall assign said funds to the general geographic area of the subdivision by placing said funds in trusts based on the eight geographic areas listed below, and as depicted on that certain map on file with the city clerk and as approved by resolution of the city council, said geographic areas to be identified as City Park, Discovery Park, Ringe Park, Lewis Park, Collier Park, Greenhorn Park, Hillside Park and the Butcher Hill Park Area.

(Ord. 586 § 2 (part), 1983)

At the time a tentative map is submitted, the planning commission shall indicate any usable area proposed to be dedicated for park purposes pursuant to this chapter, and, in addition, if the application is for other than a single-family subdivision, the applicant shall designate on each lot the maximum number of dwelling units to be constructed. The number of dwelling units shown shall be in conformance with the applicable general plan classification of the property or the current zoning, whichever is mare restrictive.

(Ord. 586 § 2(part), 1983).

15.42.110 - Prerequisites for approval of final map and acceptance of improvements.

For any subdivision in which dedication is required, the documents dedicating such land shall be approved by the city council and recorded contemporaneously with the final map. When land is to be dedicated, it shall be dedicated free and clear of all liens, charges and encumbrances, and shall front on a dedicated and improved public street or shall be dedicated with any necessary easements for usable public access to such land, and with any necessary improvements to reasonably provide such access.

(Ord. 586 § 2(part), 1983)

15.42.120 - Credit for private parks.

Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may, at the discretion of the city council, be credited against the requirements of Section 15.42.040; provided, that the city council finds it in the public interest to do so, and that the following standards are met:

(1)

That yards, court areas, setbacks and other open areas required by the zoning and building 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 written agreement;

(3)

That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the city council;

(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 of the private open space land;

(5)

That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan and are approved by the city council;

(6)

That the open space and/or facilities will provide for park needs of the residents of the project in such manner as to reduce the impact on existing facilities or reduce the need to provide new facilities by the city.

(Ord. 586 § 2(part), 1983)

Chapter 15.43 - RESERVATIONS OF LAND FOR PUBLIC USE

Sections: