This chapter shall be known and cited as the "parks lands dedication ordinance."
As a condition of approval of any residential development, this chapter requires that the applicants dedicate land, pay fees in lieu thereof, or do a combination of both, for the purpose of providing park or recreational facilities to serve future residents of such development.
Words used in this chapter that are not specifically defined in this section shall have the same meaning as may be given to them in Chapter 16.08, or Chapter 17.04, or elsewhere in the municipal code.
"Development"
means a subdivision, mobilehome park, or construction or installation of a dwelling; not to include subdivisions created for industrial or commercial purposes.
"Dwelling"
means a building, or portion thereof, designed for or occupied exclusively for residential purposes, but not including hotels, motels, boarding or lodging houses.
"Dwelling unit"
means one or more rooms, designed, occupied or intended as separate living quarters, with private sanitary and kitchen facilities, for the exclusive use of one household.
"Family"
means one or more individuals occupying a dwelling unit and living as a single household. The term "family" shall not be construed to include a fraternity, sorority, club, or other group of persons occupying a hotel, boarding house, or institution of any kind.
At the time of filing a tentative subdivision map or other application for development approval, the applicant shall, as a part of such filing, indicate whether the applicant prefers to dedicate land for park or recreation purposes, or to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, the applicant shall specify the land proposed to be dedicated. In order to facilitate decisions regarding dedication of land, the developer shall furnish a tabulation showing the number of dwelling units proposed to be constructed in each portion of the development. The tabulation may be waived by the planning director if, in his or her judgment, the information is not necessary.
The amount of land to be dedicated or in lieu fee to be paid shall be based upon a schedule as adopted by resolution of the city council.
A. 
For developments containing more than fifty parcels or dwelling units, whichever is larger, the planning commission or, upon appeal, the city council, shall determine whether to require a combination of both, and in making such determination, shall consider the following factors:
1. 
Conformity of lands offered for dedication with the recreation element of the Lemon Grove general plan;
2. 
The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;
3. 
The size and shape of the development and land available for dedication;
4. 
The amount, usability and location of publicly owned property available for combination with dedicated lands in the formation of local park and recreation facilities;
5. 
The recreation facilities to be privately owned and maintained by future residents of the development.
B. 
For developments containing fifty or fewer parcels or dwelling units, whichever is larger, only the payment of fees shall be required, unless the applicant offers to dedicate land in lieu of paying the fees, in which event the planning commission, or, on appeal, the city council, may elect to accept the land or require the payment of fees or a combination of both, and in making such election, shall consider the factors enumerated in subsection A of this section.
A. 
If the development in question is a subdivision and land is to be dedicated, approval of the tentative map shall be subject to the condition that the land be offered for dedication prior to approval of the final map.
B. 
If the development in question is a subdivision and fees alone are to be paid, or fees are to be paid in combination with the dedication of land, approval of the tentative map shall be subject to the condition that the subdivider shall, prior to approval of the final map, either deposit the fees with the city clerk or execute a secured agreement guaranteeing payment of the fees prior to the issuance of any building permit, or prior to the date upon which all subdivision improvements are to be completed, whichever occurs first.
C. 
If the development in question is other than a subdivision, the land shall be offered for dedication or the fee in lieu thereof deposited with the office of building inspection prior to the issuance of any building permit or other permit for development under the jurisdiction of that office, or a written statement shall be presented from the planning director certifying that the requirements of this chapter have otherwise been satisfied with respect to the development for which permits are sought.
A. 
In the event that subsequent development occurs with respect to property for which fees have been paid or land dedicated, additional fees for dedication shall be required only for additional lots or dwellings units which were not included in computing the prior fee or dedication requirement.
B. 
The requirements of this chapter shall not apply to the replacement on the same parcel by the owner of a dwelling or dwellings destroyed by fire or other calamity, provided that the application for a building permit to replace such dwelling is filed with the office of building inspection within six months after destruction of the dwelling.
Any fee paid pursuant to the provisions of this chapter may be refunded or partially refunded under either of the following circumstances:
A. 
Upon written application for refund following the withdrawal of the application for approval of the development, provided that, for subdivision such withdrawal must occur prior to recordation of the final map and for all other developments, such withdrawal must occur prior to the commencement of actual construction.
B. 
In the event that an applicant for building permits deposits the full amount of the fees required by this chapter to obtain building permits to construct dwellings within a planned residential development or other subdivision, and upon written request of the applicant, the planning director subsequently determines, pursuant to Section 18.36.060, to allow credit to the applicant for private parks, or the planning commission subsequently selects, pursuant to Section 18.36.060, to accept land in lieu of fees, the office of building inspection shall refund to the applicant the dollar amount, not to exceed the amount originally deposited, specified in a verification copy of the action taken by the planning director or planning commission or, on appeal, the city council authorizing such credit or accepting such land.
Where private area for park and recreational purposes is provided in a development and such area is to be privately owned and maintained by the future owner(s) of the development, such area may be credited against up to fifty percent of the requirement of land dedication or fee payment, if the planning director determines that it is in the public interest to do so and that all of the following standards either have been, or will be, met prior to approval of the final subdivision map:
A. 
Yards, court areas, setbacks, and other open areas, required to be maintained by the zoning and building ordinances and other regulations, shall not be included in the computation of such private areas;
B. 
Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions;
C. 
The use of the private area is restricted for park and recreational purposes by an open space easement or other instrument approved by the city attorney;
D. 
The proposed private area is reasonably adaptable for use for park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;
E. 
The facilities proposed meet the following requirements:
1. 
They are in substantial accordance with the provisions of the recreation element of the general plan,
2. 
They are appropriate to the recreation needs of the future residents of the development,
3. 
They will substitute for the park lands otherwise required to be dedicated in meeting the recreational needs of the residents.
In the event that an applicant has dedicated a park to the public to serve a subdivision, the planning commission, or on appeal, the city council may, pursuant to Sections 18.36.050 and 18.36.060, allow a credit therefor against up to one hundred percent of the requirement for land dedication or fee payment required by this chapter for building permits to construct dwellings on the subdivision lots served by the dedicated public park. Credit may also be granted against fees required for such building permits for the value of improvements to such park installed or constructed by the applicant, provided that such credit shall not exceed the value of improvements normally authorized by the city for similar parks.
The land, fees or combination thereof required for development approval pursuant to this chapter are to be used only for the purpose of providing park or recreation facilities which are in accordance with the principles and standards contained in the recreation element of the general plan, and which will serve residents of the local neighborhood which includes the development from which the fees were derived.
Development of park or recreational facilities for which land has been dedicated or for which fees have been paid in lieu thereof will begin when the city council determines that enough resources are available to conduct a sufficient proportion of the improvements needed to make the facilities usable and safe.
The city may transfer land or funds acquired pursuant to this chapter to another governmental agency only on condition that such land or funds shall be used in the manner prescribed by this chapter.
The city council may, from time to time, approve such regulations as it deems necessary to implement the provisions of this chapter.
An appeal from a decision of the office of building inspection or other administrative official in the administration or enforcement of this chapter may be taken in the manner prescribed by Section 17.28.020. An appeal from a decision of the planning commission in the administration or enforcement of this chapter may be taken in the manner prescribed in Chapter 16.20 if the subject development is a subdivision, or in the manner prescribed for variances in the zoning ordinance if the development is other than a subdivision.
(Ord. 386 § 3, 2009)