(A) Except as otherwise provided in this subchapter, any new residential development of more than one unit, and any addition of one or more units to an existing residential development shall be subject to the park dedication requirement, or payment of fees in lieu thereof, or both, established by this subchapter.
(B) The amount of land to be dedicated for neighborhood and community park or recreational facilities or fees to be paid in lieu thereof shall be based on the residential density of the proposed development, which shall be determined on the basis of the number of dwelling units to be constructed and the density factor as set forth in division (C) of this section, so as to provide three acres of park area for 1,000 residents. Only the payment of fees shall be required if a development project contains 50 parcels or less except that when a condominium project, stock cooperative, or community apartment project, as those terms are defined in California Civil Code § 1351, exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50.
(C) As used herein, the term DENSITY FACTOR means 4.44 persons per dwelling unit, based upon the most recently available Census, or Census taken pursuant to Cal. Gov. Code §§ 40200 et seq.
(D) When a fee is to be paid in lieu of or in addition to parkland dedication, the amount of such fee shall be the fair market value, as determined pursuant to § 154.007, per acre of the land within the proposed residential development multiplied by the numbers of acres required to be dedicated pursuant to this section, except that the amount of the fee shall be calculated as provided in § 154.003 when the construction consists solely of adding a second residential unit to a property containing only one single-family dwelling unit.
(E) The park dedication or payment of fees in lieu thereof, or both, shall be completed prior to the issuance of a Certificate of Occupancy or a Temporary Certificate of Occupancy for any such dwelling unit within a development.
(Ord. 1242, passed 9-15-04)