Chino Hills Municipal Code Art. 14 Park Dedications and Fees

This Article is enacted pursuant to the authority granted by Government Code Section 66477 which authorizes the City to require the dedication of land for park and recreational purposes, the payment of in-lieu fees, or a combination of both, incident to and as a condition of approval of a tentative map or a tentative parcel map for certain subdivisions.

(Ord. No. 424, § 3(Exh. A), 11-12-2025)

(a) Applicability. The provisions of this Article apply to all residential subdivisions except those exempted pursuant to subparagraph (b) of this section.

(b) Exemptions.

(1) The requirements of this Article do 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 years old when no new dwelling units are added.

(2) Subdivisions containing fewer than five parcels and not used for residential purposes are exempt from the requirements of this Article. 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 parcels within four years, the fee may be required to be paid by the owner of each parcel as a condition of the issuance of the permit.

(Ord. No. 424, § 3(Exh. A), 11-12-2025)

(a) Use of Land and Fees. The following rules apply to the use of dedicated park land and in-lieu fees:

(1) The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreation facilities to serve the subdivision, except as provided in subparagraph (b).

(2) The park and recreational facilities must be consistent with the standards and policies for park and recreation facilities contained in the General Plan, the Park, Recreation and Open Space Master Plan, or an applicable specific plan.

(3) The amount and location of land to be dedicated or the fees to be paid must bear a reasonable relationship to the use of park and recreational facilities by future inhabitants of the subdivision.

(4) In the event that opportunities for better recreation facilities than those provided by a dedication materialize, the land so dedicated may be sold with the proceeds therefrom being used for suitable park and recreation facilities that serve the neighborhood in which the subdivision is located.

(b) Notwithstanding subparagraph (a)(1), fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision for which fees were paid as a condition of approval of a tentative map or parcel map is located, if all of the following requirements are met:

(1) The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population.

(2) The neighborhood in which the subdivision for which the fees were paid has a park area per 1,000 members of the neighborhood population ratio that meets or exceeds the ratio calculated pursuant to subparagraph (a) of Section 83.041415, but in no event is less than three acres per 1,000 persons.

(3) The City Council holds a public hearing before using the fees pursuant to this subparagraph.

(4) The City Council makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used.

(5) The fees are used within the City's corporate boundary or sphere of influence and are used consistent with the General Plan or applicable specific plan.

(c) The City shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision.

(d) In addition to the purposes described in subparagraphs (a) and (b), in-lieu fees may be expended for the purpose of creating and administering the Quimby In-Lieu fee program, including, without limitation, associated administrative and accounting expenses (including both recurring and non-recurring expenses), legal expenses, and auditing expenses.

(Ord. No. 424, § 3(Exh. A), 11-12-2025)

(a) Park Land Standard. As of the 2020 federal census, the City's population was 78,426 and the total amount of existing neighborhood and community park acreage in the City was 312.85, equating to a total of 3.99 acres of park land per 1,000 members of the population. Pursuant to Government Code Section 66477, the City may use its existing park land ratio, based on data from the most recent available federal census, as its park dedication standard for new subdivisions, provided that the required dedications do not exceed five acres per 1,000 persons residing within a subdivision. Accordingly, as of the effective date of this section, the City's park dedication standard is 3.99 aces per 1,000 population. This standard will be adjusted after each federal census in accordance with Government Code Section 66477.

(b) Amount of Land to be Dedicated. To determine the number of acres of usable land, or fraction thereof, required to be dedicated to the City for park and recreation facilities incident to and as a condition of approval of a tentative map or tentative parcel map, the following process will be employed:

(1) Average Number of Residents Per Dwelling Unit. The City will determine the average number of residents per dwelling unit for each dwelling unit type, based on the average household size for that dwelling unit type (e.g., single family detached, apartment, etc.). Data from the most recent federal or state census will be used to make this computation unless the City determines that there is substantial evidence to support a finding that a different household size is appropriate for some or all of the dwelling units proposed.

(2) Computation of Acreage Required for Dedication. The amount of acreage required for dedication will be calculated as follows:

(A) The number of proposed dwelling units within the subdivision; multiplied by

(B) The average number of residents per dwelling unit as determined pursuant to subparagraph (b)(1); multiplied by

(C) The park land standard calculated pursuant to subparagraph (a) expressed in acres per resident. For example, as of the 2020 federal census, this number is .00399.

(Ord. No. 424, § 3(Exh. A), 11-12-2025)

(a) Computation of Fee. Where a fee is required to be paid in lieu of land dedication, the fee will be computed by multiplying the acreage of land that would otherwise be required to be dedicated pursuant to Section 83.041415 times the fair market value of similarly situated property within the City that is developable as park land, as established by periodic appraisal commissioned by the City. The amount of the fee will be set by resolution of the City Council in a manner consistent with this section.

(b) Use of Funds. Except as authorized by subparagraph (b) of Section 83.041410, the in-lieu fees collected pursuant to this Article, together with any interest earned thereon, shall be used only for the purpose of developing new or rehabilitating existing park or recreation facilities that serve the subdivision, either by way of the purchase of land for park purposes or, if the City Council determines that there is sufficient land available, for the improvement of such land for park and recreational purposes.

(c) Time Limits. Any fees collected pursuant to this Article must be committed within five years after the payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

(Ord. No. 424, § 3(Exh. A), 11-12-2025)

The tentative map decision making body shall determine whether land dedication, an in-lieu fee, or a combination of the two shall be required in conjunction with its approval of a tentative map in accordance with the following criteria.

(a) Land Dedication. The following criteria shall be used in making a determination regarding land dedication:

(1) Whether a park site is shown within the subdivision in the City's General Plan Recreation and Open Space Element, in the City's Park, Recreation and Open Space Master Plan, or in an applicable specific plan;

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

(3) The size and shape of the subdivision and the land available for dedication; and

(4) Whether the proposed site has access to a public street.

(b) In-Lieu Fee. If the proposed subdivision contains 50 parcels or less, the subdivider must pay a fee in lieu of land dedication, except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50.

(c) Both Land Dedication and In-Lieu Fee. In subdivisions of more than 50 parcels, the tentative map decision making body may require the subdivider to both dedicate land and pay a fee in lieu thereof in accordance with the following criteria:

(1) When a park site shown within a proposed subdivision is smaller in area than the acreage that is required for dedication pursuant to Section 83.041415, the decision making body may require the site to be dedicated for park purposes and a fee, computed pursuant to Section 83.041420, to be paid for the remaining acreage that would have been required to be dedicated.

(2) When a major part of a park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such remaining portion may be required to be dedicated and a fee, computed pursuant to Section 83.041420, shall be paid for the remaining acreage that would have been required to be dedicated.

(3) Except as authorized by subparagraph (b) of Section 83.041410, any in-lieu fees paid pursuant to this subparagraph must be used for the improvement of the park and recreational site dedicated by the subdivider or for the improvement of other local parks and recreational facilities serving the subdivision.

(Ord. No. 424, § 3(Exh. A), 11-12-2025)

When only a portion of land is dedicated as required by Section 83.041415, an in-lieu fee for the remaining required acres of land must be paid in accordance with Section 83.041420.

(Ord. No. 424, § 3(Exh. A), 11-12-2025)

If a subdivider provides park and recreational improvements to dedicated parkland, the value of the improvements, together with any equipment located thereon, shall be a credit against the payment of fees or dedication of land required by this Article.

(Ord. No. 424, § 3(Exh. A), 11-12-2025)

(a) Action by Subdivider. At the time of filing a tentative map or tentative parcel map for approval, the subdivider shall, as a part of such filing, state in writing whether such subdivider desires to dedicate property for park and recreational purposes or to pay a fee in lieu thereof. If the subdivider desires to dedicate land for this purpose, the area must be designated on the tentative tract or tentative parcel map as submitted.

(b) Actions of City. At the time of tentative map or tentative parcel map approval, the decision making body will decide whether to require dedication or the land within the subdivision, payment of a fee in lieu thereof, or a combination of both, and such shall be made a condition of approval of the tentative map or tentative parcel map.

(c) Prerequisites for Approval of Final Map. Where dedication is offered and accepted, it must be accomplished in accordance with the Subdivision Map Act. Where fees are required, the same must be deposited with the City prior to approval of the final map. Open space covenants for private park or recreational facilities must be submitted to the City prior to the approval of the final map and must be recorded contemporaneously with the final map.

(Ord. No. 424, § 3(Exh. A), 11-12-2025)

(a) Standards for Granting Credit. The tentative map decision making body may grant credit for private recreational facilities provided within common interest developments (as defined in California Civil Code Section 4100) against the amount of land required to be dedicated, or the amount of the in-lieu fee imposed, provided that the decision making body finds that it is in the public interest to do so and that the following standards are met:

(1) Passive open space, yards, setbacks, passive greenbelts, and any open areas required to be maintained by the zoning, land use district, or building regulations, are not eligible for credit;

(2) The use of the property on which the private recreational facilities are located is restricted to park, recreation or trail (where such trail connects to the City master-planned trail system and allows public access) purposes and their private ownership and maintenance are assured by recorded covenants that run with the land and that cannot be eliminated without the consent of the City;

(3) The proposed private open space is reasonably adaptable for use for active park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land;

(4) The facilities proposed for the private open space area are in substantial conformance with the General Plan and the Park, Recreation and Open Space Master Plan, or an applicable specific plan; and

(5) The private recreational facilities provided include one or more of the following active recreational elements:

(A) Open spaces dedicated to active recreational pursuits such as soccer, golf, baseball, softball and football;

(B) Basketball courts, tennis courts, badminton courts, shuffleboard courts, pickleball courts or other similar hard-surfaced areas and volleyball courts, specially designed and exclusively used for court games; and

(C) Recreational swimming pools and other swimming areas.

(b) Amount of Credit. Credit granted for private recreational facilities may be from zero to fifty percent of the amount of the required land dedication or in-lieu fee imposed pursuant to this Article. In no case may the credit exceed fifty percent. The amount of credit will be determined by the tentative map decision making body in accordance with the following criteria:

(1) The degree to which the private recreational facilities complement existing or proposed park facilities serving the subdivision, as shown in the General Plan Recreation and Open Space Element, the Park, Recreation and Open Space Master Plan, or an applicable specific plan; and

(2) The degree to which the private recreational facilities reduce the burden on existing or proposed public park facilities serving the subdivision.

(Ord. No. 424, § 3(Exh. A), 11-12-2025)