Chapter 9.51 — DEDICATION OF LAND FOR PARK AND RECREATION PURPOSES

This chapter is enacted pursuant to the authority granted by section 66477 of the California Government Code which authorizes a city to require the dedication of land for park and recreation facilities or payment of in lieu fees incident to and as a condition of approval of a tentative tract map or tentative parcel map for certain subdivisions. The purpose and intent of this chapter is to implement the general plan, the parks master plan, and any specific or other plan in requiring the dedication of land for park and recreation purposes. The purpose and intent of this chapter is also to ensure the adequate provision of park and recreation facilities to meet the needs of neighborhood residents for both active and passive recreational functions. (Ord. 254, 12-16-2014)

A. Applicability: The dedication of land for park and recreation facilities shall be required incident to and as a condition of the approval of a tentative tract map or tentative parcel map for a subdivision. Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this chapter; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four (4) years of the date of approval of the parcel map, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. The provisions of this chapter do not apply to commercial or industrial subdivision or to condominium projects or stock cooperatives which consist of division of air space in an existing multi-family residential building which is more than five (5) years old when no new dwelling units are added. B. Use Of Land And Fees: The land, fees or combination of land and fees, are to be used only for the purpose of providing park or recreational facilities within the town which will serve or benefit future inhabitants of such subdivision, and the park and recreational facilities so developed shall bear a reasonable relationship to the needs thereof by the inhabitants of the subdivision. The park and recreational facilities shall be consistent with the standards and policies for park and recreation facilities, adopted in the general plan, the parks master plan or an applicable specific plan.

C. Establishment And Development Time: The town council shall specify by resolution at the time approval is given to the final map when the development of a park or recreation facility to serve the subject subdivision will begin. The starting date shall be reasonable with respect to: 1) the need for such park or facility, 2) weather constraints, 3) minimized disruption of the neighborhood, and 4) the accumulation of the necessary funds and land. D. Land Disposition: In the event that opportunities for better recreation facilities than those provided by the dedication materialize, the land so dedicated may be sold and the proceeds used for suitable park and recreation facilities which serve the neighborhood or area in which that subdivision is located.

ruption of the neighborhood, and 4) the accumulation of the necessary funds and land. D. Land Disposition: In the event that opportunities for better recreation facilities than those provided by the dedication materialize, the land so dedicated may be sold and the proceeds used for suitable park and recreation facilities which serve the neighborhood or area in which that subdivision is located.

E. Standards For Dedications: The amount of land required to be dedicated to the town for park and recreation facilities incident to and as a condition of the approval of a tentative tract map or tentative parcel map for a subdivision shall bear a reasonable relationship to the use or benefits of the park and recreation facilities by the future inhabitants of the subdivision. It is found and determined that the public interest, convenience, health, welfare and safety require that three (3) acres of usable land for each one thousand (1,000) persons residing within the town be devoted to neighborhood or community park and recreation facilities. The park land to be so dedicated shall conform to locations and standards set forth in the general plan and the parks master plan, or as necessary to implement the

general plan and parks master plan. The slope, topography and geology of the site, as well as its surroundings, must be suitable for the intended park and recreation purposes. The primary intent of this section shall be construed to provide the land for functional recreation units of local, neighborhood, or community park services, including, but not limited to: tot lots, playlots, playgrounds, neighborhood parks, playfields, and other specialized recreational facilities that may serve the organized recreation programs, family group and also senior citizens.

F. Amount Of Land To Be Dedicated: Except as otherwise provided in this chapter, the number of acres or fraction of an acre of usable land required to be dedicated to the town for park and recreation facilities incident to and as a condition of the approval of a tentative tract map or tentative parcel map shall be the product of the following:

1. The number of proposed dwelling units within the subdivision, multiplied by

2. The average number of residents per dwelling unit within the incorporated territory of the city, as determined by the most recent federal census or a census taken pursuant to the provisions of title 4, division 3, part 2 of the California Government Code (commencing with section 40200), or such other acceptable means of determination provided by California Government Code section 66477, divided by

3. One thousand (1,000), multiplied by

4. Five (5). (Ord. 254, 12-16-2014)

A. Amount Of In Lieu Fees Required: Where a fee is required to be paid in lieu of dedicating land, the fee shall be based on the fair market value of the amount of land which would otherwise be required for dedication, as provided in section 9.51.020 of this chapter. Such fee shall be determined each year in the amount as set forth in a park fee study. The fair market value of a buildable acre shall be based on an appraisal of similarly situated property for usable park land within the town as determined by the town manager. If the subdivider objects to such evaluation, the subdivider may, at its own expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the town manager, with the appraisal accepted by the town council if found reasonable or the city and subdivider may agree to the fair market value.

B. Fifty Parcels Or Less: The payment of fees in lieu of dedication may be required in subdivisions containing fifty (50) or less lots or parcels, 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 one (51). (Ord. 254, 12-16-2014)

When only a portion of the required land is dedicated as required by section 9.51.020 of this chapter, an in lieu fee for the remaining required acres of land shall be paid in accordance with section 9.51.030 of this chapter. (Ord. 254, 1216-2014)

The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows: A. Action By Subdivider: At the time of filing a tentative tract map or tentative parcel map for approval, the subdivider shall, as part of such filing state in writing whether such subdivider desires to dedicate property for park and recreation purposes or to pay a fee in lieu thereof. If the subdivider desires to dedicate land for this purpose, the area shall be designated on the tentative tract or parcel map as submitted.

B. Actions Of Town: At the time of the tentative tract map or tentative parcel map approval, the parks, recreation and cultural commission (the "advisory agency") shall recommend to the planning commission, and town council if required, whether to require dedication of the land within the subdivision, payment of a fee in lieu thereof, or a combination of both, and shall incorporate such recommendation, as may be amended, as a part of its approval of the tentative tract map or tentative parcel map.

C. Prerequisites For Approval Of Final Map: Where dedication is offered and accepted, it shall be accomplished in accordance with the subdivision map act. Where fees are required, such fees shall be deposited with the town prior to the approval of the final tract map. Open space covenants for private park or recreation facilities shall be submitted to the town prior to the approval of the final tract map and shall be recorded contemporaneously with the final tract map.

D. Determination: The parks, recreation, and cultural commission shall recommend whether to require land dedication, require payment of a fee in lieu thereof, or a combination of both, by consideration of the following:

1. Recreational element of the town's general plan and the town's parks master plan; and

2. Topography, geology, access and location of land within the subdivision available for dedication; and

3. Size and shape of the subdivision and land available for dedication.

E. Conveyances: All dedications of land shall be in accordance with the subdivision map act. Land shall be conveyed in fee simple to the town free and clear of all encumbrances. Properly executed deeds shall be delivered to the town before the approval of the final map or parcel map. The subdivider shall also obtain at its sole cost, a policy of title insurance insuring the town in an amount equal to the value of the dedicated land. If the final map or parcel map is disapproved, or if it is withdrawn by the subdivider, the deeds shall be returned to the subdivider. If the final map or parcel map is approved, the deeds shall be recorded concurrently with the final map/parcel map by the town. (Ord. 254, 12-16-2014)

When private open space for park and recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by future residents of the subdivision, such areas shall be credited up to twenty five percent (25%) against the requirement of a dedication of park and recreation purposes set forth in section 9.51.020 of this chapter or the payment of fees set forth in section 9.51.030 of this chapter, provided the parks, recreation and cultural commission finds that it is in the public interest to do so, and that the following standards are met:

A. That yards, court areas, setbacks and other open areas required to be maintained by the zoning, land use district, and building regulations shall not be included in the computation of such private open space; and

B. That the private ownership and maintenance of the private open space is adequately provided for by written agreement; and

C. That the use of the private open space is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract; and

D. That the proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and

E. That facilities proposed for the open space are in substantial accordance with the provisions of the city's general plan and parks master plan and are approved by the parks, recreation, and cultural commission; and

F. That the private recreational facilities include one or more of the following active recreational elements: 1) open spaces dedicated to active recreational pursuits such as soccer, golf, baseball, softball and football; 2) basketball courts, tennis courts, badminton courts, shuffleboard courts or other similar hard surfaced areas and volleyball courts, especially designed and exclusively used for court games; and 3) recreational swimming pools and other swimming

areas. The town may consider acceptance of passive open space, based upon preservation of the natural environment, topography, creation of usable passive open space reflective of the desert environment, consistent with the adopted general plan. (Ord. 254, 12-16-2014)

A. When the town has required the dedication of land for park facilities incidental to and as a condition of the approval of a tentative tract map or tentative parcel map for a residential subdivision, the town shall, as a further condition of such approval, require the construction and installation of the following public improvements within the dedicated park land and adjoining public rights of way, which are in addition to any park and recreation facilities and improvement impact fees, including, but not limited to:

1. Storm drainage facilities necessary for the conveyance and disposal of stormwaters generated within or flowing through the dedicated park land.

2. Fencing necessary in order to provide an appropriate barrier between the dedicated park land and adjoining properties.

3. Street improvements within the adjoining public rights of way including, but not limited to, street paving, sidewalks, curbs, gutters, street trees and traffic control devices.

4. Grading necessary for facilitation of the project.

5. Any other public improvements which the town determines are necessary in order to make the dedicated park land suitable for development as a park facility.

6. Provide access from the park and recreational facilities to an existing or proposed public street, unless the town determines that such access is unnecessary for maintenance of the park area or use of the park by the residents of the area.

7. Provide all utilities to the site.

No grading, drainage, irrigation, planting, street or utility improvements required under this section shall be eligible for a credit against the land to be dedicated or fees paid under the provisions of this section. (Ord. 254, 12-16-2014)

This chapter is intended to establish an alternative method for spreading the costs of the park and recreation facilities against the lands which will be benefited thereby; and the provisions of this chapter shall not be construed to limit the powers of the town council to utilize any other method for accomplishing this purpose but shall be in addition to any other requirements which the town council is authorized to impose as a condition to approving new development pursuant to state and local statutory and decisional law. (Ord. 254, 12-16-2014)

CHAPTER 9.53 MARIJUANA USES PROHIBITED; PERSONAL MARIJUANA CULTIVATION REGULATIONS

The purpose of this chapter is to prohibit all recreational and medical marijuana uses and activities in the Town to the extent allowable under State law, and to establish reasonable regulations for the indoor personal cultivation of no more than six (6) marijuana plants. (Ord. 268, 7-18-2017)

For purposes of this chapter, the following words and phrases shall have the following meanings: ACCESSORY STRUCTURE: Means a detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land, and which is located in the same or a less restrictive zone on the same lot or parcel of land with the main building or use.

CULTIVATION: Means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of one or more marijuana plants or any part thereof, whether for recreational, medical, or any other use.

DELIVERY: Means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed under this chapter that enables customers to arrange for or facilitate the commercial transfer by a dispensary of marijuana or marijuana products.

DIRECTOR: Means the Community Development Director of the Town of Yucca Valley, or his or her designee. DISPENSARY: Means a premises where marijuana, marijuana products, or devices for the use of marijuana or marijuana products are offered, either individually or in any combination, for retail sale, including an establishment that delivers marijuana or marijuana products, whether such marijuana is used for recreational, medical or any other purpose. "Dispensary" also includes any for profit or not-for-profit cooperative, collective, association or similar entity that distributes, dispenses, stores, exchanges, processes, delivers, transmits, gives away , or otherwise makes available marijuana in the Town for any purpose, whether for medical, recreational, commercial, or any other use. FIRE DEPARTMENT: Means the San Bernardino County Fire Department.

MARIJUANA: Has the same definition as provided for in Business and Professions Code section 19300.5(f) for the term "cannabis", and as may be amended, defined as: all parts of the plant Cannabis sativa Linnaeus, Cannabis indicia, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. 'Cannabis' also means the separated resin, whether crude or purified, obtained from marijuana. 'Cannabis' also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. 'Cannabis' does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination .

r 1407 of the Statutes of 1972. 'Cannabis' does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination_ .

MARIJUANA CULTIVATION SITE: Means the private residence, or fully enclosed accessory structure to that residence, at which marijuana cultivation is occurring under the provisions of this chapter, or the property on which the private residence, or fully enclosed accessory structure to that residence, at which an applicant for a personal marijuana cultivation permit proposes to conduct marijuana cultivation.

MARIJUANA DISTRIBUTION: Means the procurement, sale, and transport of marijuana and marijuana products between entities licensed by the State of California, whether such marijuana or marijuana products are used for recreational, medical, or any other purposes.

MARIJUANA MANUFACTURING: Means any activity related to conducting the production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or re-labels its container. MARIJUANA PRODUCTS: Means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

MARIJUANA TRANSPORTATION: Means the transfer of marijuana or marijuana products from the business location of one State licensee to the business location of another State licensee.

PERSON: Includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. PRIMARY CAREGIVER: Has the same definition as provided for in Health and Safety Code section 11362.7(d), and as may be amended, defined in part as: the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.

PRIVATE RESIDENCE: Has the same definition as provided for in Health and Safety Code section 11362.2(b)(5), and as may be amended, defined as: a house, an apartment unit, a mobile home, or other similar dwelling. QUALIFIED PATIENT: Has the same definition as provided for in Health and Safety Code section 11362.7(f), and as may be amended, defined as: a person who is entitled to the protections of Section 11362.5, but who does not have an identification card issued pursuant to this article. (Ord. 268, 7-18-2017; amd. Ord. 284, 5-21-2019)

A. Except as provided in paragraph C, marijuana dispensary is not a permitted use and is prohibited in all zones throughout the Town. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance, or operation of a marijuana dispensary within the Town except as provided in paragraph C.

B. The prohibition in paragraph A explicitly prohibits, without limitation, any use or activity that may be authorized under a State license described in Business and Professions Code sections 26050(a)(18) and (20), as amended.

C. Medicinal marijuana dispensaries that operate under a M-Type 9 (non-storefront retailer) license from the Department of Cannabis Control, as such license type may be amended or renamed from time to time, are a permitted use by right for existing developments and Site Plan Review (SPR) for new developments in the I (Industrial) and OTI/C (Old Town Industrial/Commercial) zones. Adult-use marijuana dispensaries operating under an A-Type 9 or mixed A & M-Type 9 license are prohibited, as are all marijuana dispensaries operating under a Type 10 (storefront retailer) State license. A permitted non-storefront medicinal marijuana dispensary shall comply with the following requirements:

1. The use shall not be located within 600 feet of a day care center, a youth center, a preschool, or a public or private school. The distance specified herein shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point on the property line on which the cannabis business is or will be located, to the nearest property line of the parcel where such use is located.

2. The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the marijuana dispensary that is distinctive to its operation is not detected outside the premises, anywhere on

adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the business. As such, a marijuana dispensary must install and maintain the following equipment or any other equipment which the Town determines has the same or better effectiveness:

a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or

b. An air system that creates negative air pressure between the businesses’ interior and exterior so that the odors generated inside the business are not detectable outside the business.

3. Marijuana, marijuana products, and marijuana paraphernalia shall not be visible from the exterior of the use.

4. The use shall comply with all State laws and regulations governing the retail sale and delivery of marijuana and the operation and licensure of marijuana businesses. A violation of any State law or regulation shall be deemed a violation of this code. (Ord. 268, 7-18-2017; Ord. 307, 12-5-2023)

A. Marijuana cultivation is not a permitted use and is prohibited in all zones throughout the Town. No permit or any other applicable license or entitlement for use, nor any business license shall be approved or issued for marijuana cultivation within the Town.

B. This section explicitly prohibits, without limitation, any marijuana cultivation in the Town that may be authorized under a State license described in Business and Professions Code sections 26050(a)(1) through (13) or (19), as amended, as well as any marijuana cultivation in the Town that may be authorized under a State license issued pursuant to Business and Professions Code sections 19300.7(a) through (j).

C. Pursuant to California State law, no person or entity may cultivate marijuana at any location in the Town, except that a person may cultivate no more than six (6) living marijuana plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of that private residence. All marijuana cultivation must not be visible from anywhere outside the residence or accessory structure and shall not produce odors, sounds or other emissions that are sensible from surrounding properties which may indicate marijuana cultivation. All marijuana cultivation shall comply with State and local laws including, but not limited to, Health and Safety Code section 11362.2 as that provision may be amended subsequently. (Ord. 268, 7-18-2017; amd. Ord. 284, 5- 21-2019)

A. Marijuana Manufacturing Prohibited:

1. Marijuana manufacturing is not a permitted use and is prohibited in all zones throughout the Town. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for marijuana manufacturing within the Town.

2. This subsection A explicitly prohibits, without limitation, any marijuana manufacturing in the Town that may be authorized under a State license described in Business and Professions Code sections 26050(a)(14) or (15), as

amended, as well as any marijuana manufacturing in the Town that may be authorized under a State license described in Business and Professions Code sections 19300.7(k) or (l), as amended.

• B. Marijuana Testing Prohibited:

1. Marijuana testing is not a permitted use and is prohibited in all zones throughout the Town. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for marijuana testing within the Town.

2. This subsection B explicitly prohibits, without limitation, any marijuana testing in the Town that may be authorized under a State license described in Business and Professions Code section 26050(a)(16), as amended, as well as any marijuana testing in the Town that may be authorized under a State license described in Business and Professions Code section 19300.7(m).

• C. Marijuana Distribution Prohibited:

1. Marijuana distribution is not a permitted use and is prohibited in all zones throughout the Town. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for marijuana distribution within the Town.

2. Except as provided below, this subsection C explicitly prohibits, without limitation, any marijuana distribution in the Town that may be authorized under a State license described in Business and Professions Code sections 26050(a)(18), as amended, as well as any marijuana distribution in the Town that may be authorized under a State license described in Business and Professions Code section 19300.7(p), as amended. This subsection C does not prohibit the transportation of marijuana or marijuana products on the public roads in the Town. (Ord. 268, 7-18-2017; Ord. 307, 12-5-2023)

A. A violation of this chapter or noncompliance with any of the requirements of this chapter shall be subject to any criminal or civil enforcement remedies available under the law and this Code. In addition, the Town may prosecute a violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction, or by any other means authorized by law or equity. Notwithstanding any other provision of this Code, no conduct which is protected from criminal liability pursuant to State law shall be made criminal by this chapter. B. Any violation of the provisions of this chapter is declared to be a public nuisance and may be abated by the Town either pursuant to this Code, including but not limited to procedures provided for in title 6, chapter 6.04, "Abatement Of Public Nuisances", of this Code or any other available remedies at law or equity.

C. Any person violating or causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 268, 7-18-2017)