(A) Authority and purpose.
(1) This subchapter is enacted pursuant to the authority granted by Cal. Gov't Code § 66477, and shall be interpreted to be consistent with the provisions thereof.
(2) The park and recreational facilities for which dedication of land and/or payment of a fee is required by the terms of this section shall be provided in accordance with the standards, specifications and requirements of the city's general plan, any specific plan adopted pursuant thereto, and any other adopted city resolution, policy or standard.
(B) Conflict with other laws.
(1) With respect to its subject matter, this subchapter supersedes all other ordinances or regulations of the city.
(2) This subchapter shall not supersede other ordinances or regulations of the city, except as expressly stated in this subchapter.
(C) Exemptions.
(1) The provisions of this section shall not apply to commercial or industrial subdivisions; nor to condominium or stock cooperative projects, which consist of the subdivision of airspace in an existing apartment building more than five years old, when no new dwelling units are added.
(2) Nonresidential subdivisions containing less than five parcels.
(a) Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section.
(b) However, in that event, a condition may be placed on the approval of a parcel map that, if a building permit is requested for construction of a residential structure or structures on one or more of the parcels, the fee may be required to be paid by theowner of each parcel as a condition of the issuance of the permit.
(Ord. 1325, passed 11-6-02)
Cross-reference:
General dedication requirements, see § 156.045