Belmont Municipal Code Art. IV Parkland Dedication Requirements and in-Lieu Fees

This article sets forth and amends requirements for the dedication of land and the payment of in-lieu fees previously set forth in the Belmont Subdivision Ordinance, Ordinance No. 530, Section 6.10.

(Ord. No. 2014-1082, § 3, 11-25-14)

This Article is adopted in accordance with the provisions of the Quimby Act (Government Code Section 66477) which is a part of the Subdivision Map Act, and implements the Parks, Recreation and Open Space Element of the City's General Plan and the City of Belmont Park and Open Space Master Plan.

(Ord. No. 2014-1082, § 3, 11-25-14; Ord. No. 2020-1152, § 2, 10-13-20)

(a) This article provides for the dedication of land, the payment of fees in-lieu thereof, or a combination of both, for park and recreational purposes in conjunction with the approval of residential subdivisions.

(b) This article does not apply to commercial or industrial subdivisions or to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building that is more than five (5) years old when no dwelling units are added.

(c) Subdivisions containing less than five (5) parcels and not used for residential purposes are exempted from the requirements of this article. However, in that event, a condition shall 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 (1) or more of the parcels within four (4) years, an in-lieu fee shall be paid by the owner of each parcel as a condition of the issuance of the permit.

(Ord. No. 2014-1082, § 3, 11-25-14)

(a) Tentative map conditions. As a condition of approval of a tentative map or tentative parcel map for a residential subdivision, the approving body must require that land be offered for dedication, in-lieu fees to be paid, or both, for park and recreational purposes, according to the standards and formula contained in this chapter.

(b) Final map conditions. At the time of final map or parcel map approval for recordation, the subdivider must, as required by the conditions of approval, offer to dedicate land, pay an in-lieu fee, or both, and provide improvement agreements and security for improvement of parkland for which the subdivider is receiving a credit.

(c) Limitation on requiring dedication of land. In accordance with Government Code Section 66477(a)(7), the approving body may require dedication of land without the subdivider's consent only for:

(1) Residential subdivisions containing more than fifty (50) parcels; or

(2) Residential condominium, stock cooperative, or community apartment project containing more than fifty (50) dwelling units, even if the development contains fewer than fifty (50) parcels.

(d) Fees required when parkland not dedicated. The approving body must require payment of an in-lieu fee as provided in section 17-105 when parkland is not dedicated.

(Ord. No. 2014-1082, § 3, 11-25-14)

(a) Parkland Dedication Standard. The City's General Plan establishes a service standard goal of 5 acres of parkland per 1,000 residents. However, under the Quimby Act, the City's maximum dedication requirement is its existing ratio of neighborhood and community parks per 1,000 residents. The area of existing neighborhood and community parks is 3.44 acres per 1,000 residents. For purposes of this Article, the City therefore adopts a parkland dedication standard of 3.44 acres of parkland for every 1,000 persons.

(b) Calculation of Dedication Requirement. Under the Quimby Act, a subdivision's dedication requirement is calculated based on the average number of persons for each dwelling unit type (single-family multi-family) as established by the most recent federal census. The average household size in the U.S. Census American Community Survey (5-year estimate, 2014-2018) is shown in Columns 1 and 2 in the following table. The parkland dedication requirement per dwelling type (Column 3) is computed by multiplying the average number of persons per dwelling type in Column 2 by the dedication standard in subsection (a). The subdivision's acreage dedication requirement (Column 4) is calculated by multiplying Column 3 by the number of dwelling units of each dwelling unit type contained in the subdivision and adding up the total acreage.

*U.S. Census American Community Survey (5-year estimate, 2014-2018)

(Ord. No. 2014-1082, § 3, 11-25-14; Ord. No. 2020-1152, § 3, 10-13-20)

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(a) When a fee is required to be paid in-lieu of parkland dedication, the amount of the fee is be based upon the amount of land required to be dedicated as determined in section 17-104(b). The city council will establish a fee amount per acre of land required to be dedicated based on the estimated fair market value of land in the city. The city council will establish the fee amount by resolution which it may amend from time to time.

(b) A subdivider may request that the city complete an appraisal of the fair market value of the subdivided property. The appraisal shall be completed by a certified MAI appraiser retained by the city at the subdivider's expense. If the appraisal determines that the fair market value of the subdivided property varies from the estimated fair market value adopted by the city council by more than five (5) percent, the in-lieu fee shall be based on the appraised value of the subdivided property as determined by the appraisal.

(Ord. No. 2014-1082, § 3, 11-25-14)

(a) All in-lieu fees collected shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision. As specified in the City of Belmont Park and Open Space Master Plan, community parks serve an area within a four-mile radius, and so serve residents in the entire city and all subdivisions. Neighborhood parks serve subdivisions that are within a one-half-mile radius of the park or within the same planning area, as planning areas are shown in the City of Belmont Park and Open Space Master Plan.

(b) The city shall develop a schedule specifying how, when, and where it will use the fees to acquire and develop park or recreational facilities to serve the residents of the subdivision. Fees not committed within the timeframe required by Government Code Section 66477(a)(6) shall be distributed as provided therein.

(Ord. No. 2014-1082, § 3, 11-25-14)

(a) Parks, recreation and culture commission review. Before the approval of any tentative map with 50 or more units, any condominium project with 50 or more dwelling units, any tentative map or tentative parcel map where parkland dedication is proposed or improvements to dedicated parkland are proposed, or any tentative map or tentative parcel map where a credit for private recreational facilities is proposed, the park, recreation, and culture commission shall consider, after a report and recommendation from the park, recreation, and culture director, whether land should be dedicated, whether in-lieu fees should be paid by the subdivider, whether improvements should be made to neighborhood or community parks or dedicated land, whether a credit should be given for private recreational facilities, or any combination, in accordance with the standards in this article and the criteria listed in this section. The recommendation of the park, recreation and culture commission shall be submitted to the approving body in its review of the tentative map or tentative parcel map.

(b) Suitability of proposed parkland. Land proposed for dedication must meet the following standards:

(1) Use of the land as parkland must be consistent with the goals and policies General Plan, any applicable specific plan, and the City of Belmont Park and Open Space Master Plan.

(2) The proposed parkland must be suitable for the type of park being developed considering location, physical attributes, sufficiency of size and shape, constraints, and proximity to existing parkland.

(3) The proposed parkland must have access to a public street.

(4) Park and recreational purposes may include land for the activity of "recreational community gardening," as defined in the Quimby Act.

(c) Parkland outside a subdivision. The city may approve the proposed dedication of parkland not located within the subdivision provided that the land proposed for dedication will serve the subdivision as described in section 17-106(a) and is otherwise suitable as described in this section 17-107(b).

(d) Fee in lieu of dedication. If the proposed dedication of land does not meet the standards set forth in subsection (b), the subdivider shall pay a fee in lieu of land dedication. The fee amount shall be determined in accordance with section 17-105.

(e) Land dedication and fee in lieu of dedication. The subdivider may both dedicate land and pay a fee in lieu of dedication when land suitable for dedication is smaller than that required by section 17-104.

(f) Improvements to dedicated parkland. If the subdivider proposes to provide improvements and equipment on dedicated land, the proposed improvements and equipment shall be consistent with the general plan, any applicable specific plan, the City of Belmont Park and Open Space Master Plan, and any other applicable adopted standards. If the approving body for the tentative map or tentative parcel map approves the improvements and equipment, the value of the improvements and equipment shall be determined by the park and recreation director, and the value of the improvements and equipment shall be a credit against the dedication of land or payment of fees otherwise required by this article.

(g) Credit for private recreational facilities. A credit may be granted for private recreational facilities provided within common interest developments, as defined in Section 1351 of the Civil Code, against required land dedications or in lieu fees if all of the following standards are met:

(1) The private facilities are consistent with the all of the standards for mini-parks, neighborhood parks, or community parks contained in the City of Belmont Park and Open Space Master Plan.

(2) The private facilities are open to the public.

(3) The use of the private facilities is restricted to park and recreation purposes and their private ownership and maintenance are assured by recorded covenants that run with the land and cannot be eliminated without the consent of the city.

(4) Credit granted for private recreational facilities shall be from zero percent to twenty (20) percent of the amount of required land dedication or in lieu fee imposed by this article. In no case shall credit exceed twenty (20) percent. The amount of credit shall be determined based on the degree to which the private facilities complement existing or proposed public facilities serving the subdivision, as shown in the City of Belmont Park and Open Space Master Plan; and the degree to which the private facilities reduce the burden on existing or proposed public park facilities serving the subdivision.

(Ord. No. 2014-1082, § 3, 11-25-14; Ord. No. 2025-1190, § 25, 9-23-25)

(a) At the time of filing the final map or parcel map for recordation, the subdivider must offer to dedicate any land as required, pay any required in-lieu fee, and provide improvement agreements and security for improvement of parkland for which the subdivider is receiving a credit.

(b) The city council will accept, accept subject to improvement, or reject the offer of dedication at the time of map approval.

(c) The subdivider must coordinate any required improvements to public or private park and recreational facilities with the development of the subdivision to assure the availability of recreational facilities to serve the residents of the area.

(Ord. No. 2014-1082, § 3, 11-25-14)