Chino Municipal Code Ch. 18.01 Park Land Dedication, in-Lieu Fees and Park Development Fees

A. This chapter is adopted to implement the provisions of the Quimby Act, contained in Section 66477 of the California Government Code, authorizing a city to require the dedication of land or payment of fees in lieu thereof, or a combination of both, for park and/or recreational purposes as a condition to its approval of a tentative map or parcel map under specified conditions, including establishment of definite standards for determining the amount of land to be dedicated and the amount of any fee to be paid in lieu thereof.

B. This chapter also is adopted to exercise the independent police and franchise powers of the city under the Mitigation Fee Act contained in Chapters 5 through 9 of Division 1 of Title 7 of the California Government Code, commencing with Section 66000, to require such dedication and payment of fees in lieu thereof, or combination of both, as a condition to its approval of residential developments for which no approval of a tentative map or parcel map is required.

C. This chapter also is adopted to exercise the independent police and franchise powers of the city under the Mitigation Fee Act to require payment of additional fees for development of land for park and/or recreational purposes.

(Ord. 2002-17 § 1 (part), 2002.)

This chapter is enacted pursuant to the authority of Section 66477 of the California Government Code, the policies and standards for parks and recreational facilities contained in the adopted conservation and open space element of the general plan and master plan of parks of the city of Chino, and pursuant to the independent police and franchise powers of the city.

(Ord. 2002-17 § 1 (part), 2002.)

A. This chapter shall not apply to the following:

1. Commercial or industrial subdivisions;

2. Subdivisions containing less than five parcels and not used for residential purposes. 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 within four years, the in-lieu and development fees otherwise required by Sections 18.01.080 and 18.01.090 of this chapter may be required to be paid by the owner of each parcel as a condition of the issuance of such permit;

3. Alterations or additions to existing dwelling units, senior citizen housing, or units that replace previously existing dwelling units, provided said alteration, addition or replacement does not create an additional dwelling unit or increase the population density of the previous dwelling unit;

4. 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.

B. Only the payment of fees may be required in subdivisions containing fifty parcels or less, except that when a condominium project, stock cooperative, or community apartment project, as those terms are defined in Section 1351 of the California Civil Code, exceeds fifty dwelling units, dedication of land may be required notwithstanding that the number of parcels maybe less than fifty.

(Ord. 2002-17 § 1 (part), 2002.)

A. For purposes of this chapter, a "major land development project" shall be a land development project exceeding forty acres in size.

B. When a proposed subdivision or development is a part of a major land development project, and the owner of such land proposes to permit development by several subdividers or developers, provisions for dedication of the land and/or payment of in-lieu fees and development fees required by this chapter shall be made by the major landowner through adoption of a comprehensive plan approved by the planning commission, and not by the individual subdividers or developers.

C. Where land has been dedicated and/or in-lieu fees or development fees paid in excess of the requirements of this chapter for any subdivision or development, the major landowner, at the discretion of the city, may be given one hundred percent credit for such excess dedication on subsequent subdivisions or projects within such comprehensive plan.

D. Where a subdivision or other residential development is proposed for construction in increments, a schedule for the dedication of all land and payment of all fees required by this chapter providing the park and recreational facilities shall be submitted for approval by the planning commission, and a bond equal to one hundred percent of the value of all such land and all fees shall be provided to the city, guaranteeing completion of such dedication and payment of fees in accordance with the approved comprehensive plan.

(Ord. 2002-17 § 1 (part), 2002.)

A. A credit shall be given against the dedication of land or payment of fees in lieu thereof required by Section 18.01.050 of this chapter for private space within the development or subdivision which is usable for active recreational uses that satisfies the requirements of Section 18.01.120.

B. When the developer's master plan of development allocates space for a golf course, lake or the like, hereinafter called "special facilities," designed to serve both the residents of a subdivision and the general public, the developer may, at the city's discretion pursuant to this chapter, be credited for supplying a portion of the requirements of this chapter up to an amount not to exceed fifty percent credit on only the subdivision that abuts such special facility. However, such special facility shall not eliminate the requirement for other designated park and recreation facilities needed to serve the subdivision. The special facility shall be restricted to its initial purpose and permanently devoted or dedicated to use by the general public, unless a satisfactory substitute is approved by the planning commission.

C. Common interest developments, as defined in Section 1351 of the California Civil Code, shall be eligible to receive a credit, as determined by the director of community services, parks, and recreation pursuant to Section 18.01.120 against the amount of land required to be dedicated, or the amount of the fee in lieu of such dedication imposed by this chapter, for the value of private space within the development which is usable for active recreational uses.

(Ord. 2002-17 § 1 (part), 2002.)

(Ord. No. 2023-016, § 17, 2023.)

A. It hereby is found and determined that the public interest, convenience, health, welfare and safety require that three acres of land for each one thousand persons residing within the city be devoted to park and recreational purposes, unless the amount of existing neighborhood and community park areas, as calculated pursuant to this subdivision, exceeds that limit, in which case the legislative body may adopt the calculated amount as a higher standard not to exceed five acres per one thousand persons residing within a subdivision subject to this section.

B. It hereby is found and determined that the public interest, convenience, health, welfare and safety require development of land for park or recreational purposes at a cost determined on an acreage basis for development of the average neighborhood park site of approximately five acres, with playgrounds, play equipment and facilities, parking lots, street improvements, landscaping and other appropriate and common amenities. Historically, such cost has been and now is 1.12 times the value of land devoted to park and recreational purposes, as determined from time to time by the city council pursuant to the provisions of the mitigation fee act contained in Chapters 5 through 9 of Division 1 of Title 7 of the California Government Code.

C. It also hereby is found and determined that the amount and location of land to be dedicated for park and recreational purposes and the fees in lieu of such dedication and additional development fees required to be paid by this chapter bear a reasonable relationship to the use of the park and recreational facilities created thereby by the future inhabitants of the residential development or subdivision, and such fees do not exceed the estimated reasonable cost of providing such facilities.

(Ord. 2002-17 § 1 (part), 2002.)

A. For purposes of this chapter, the population density factors for the proposed residential development or subdivision shall be determined by using the figures for population and housing disclosed by the most recent available decennial U.S. Census or a census taken pursuant to Chapter 17 (commencing with Section 402000) of Part 2 of Division 3 of Title 4 of the California Government Code (California Department of Finance census). Such density factors shall be adopted by resolution of the city council of the city of Chino as such census figures become available.

B. The number and definition of single family residential units, multiple family residential units, and mobile home units shall be determined pursuant to the most recent available decennial U.S. Census or California department of finance census.

C. The density factor for a type of residential unit shall be determined by dividing the number of persons residing in such units by the number of such units. This shall be computed by taking an appropriate sampling from the most recent available decennial U.S. Census or California department of finance census.

D. When a proposed development or subdivision contains dwelling units with different density factors, the formula shall be used for each such density factor and the results shall be totaled.

E. The number of dwelling units in a development or subdivision shall be the number proposed for construction. When the actual number of units to be constructed is unknown, it shall be assumed for the purposes of this chapter that the maximum number permissible by law will be constructed.

F. For purposes of this chapter, a dwelling unit shall include each single family dwelling and each habitable unit of an apartment, duplex, condominium, multiple dwelling structure, planned residential development, stock cooperatives and community apartment projects as defined in Sections 11003, 11003.1, 11003.2, 11003.4 and 11004 respectively of the Business and Professions Code and condominiums as defined in Section 783 of the Civil Code stock cooperative, mobile home park or the like, designed as a separate place for habitation of a family in the applicable laws or regulations of the city.

(Ord. 2002-17 § 1 (part), 2002.)

Where land for park or recreational purposes has been designated as such in the conservation and open space element of the general plan and master plan of parks of the city, and is to be located, in whole or in part, within a proposed subdivision or other residential development to serve the immediate and future needs of residents within such subdivision or development, the subdivider or developer shall dedicate such land for park or recreational purposes according to the following formula:

A. A = 3.0 (DF × No. DU)÷1,000

B. Definition of Terms:

1. "A" is the area in acres required to be dedicated.

2. "DF" is the applicable density factor determined in accordance with Section 18.01.070 of this chapter.

3. "3.0" is the number of acres per one thousand persons acreage standard prescribed by Section 18.010.060 of this chapter.

4. "No. DU" is the number of dwelling units proposed or the maximum permissible by law in the development or subdivision, determined in accordance with Section 18.01.070.

(Ord. 2002-17 § 1 (part), 2002.)

A. In lieu of dedicating land, the subdivider or developer shall pay a fee equal to the value of the land required to be dedicated by Section 18.01.080 of this chapter in an amount determined in accordance with the provisions of this section, if:

1. There is no land designated for park or recreational purposes in the conservation and open space element of the general plan and master plan of parks of the city to be located in whole or in part within the proposed development or subdivision to serve the immediate and future needs of the residents of such development or subdivision; or

2. The proposed subdivision contains fifty parcels or less; or

3. There is no site determined to be suitable to the city for a park or recreation facility in the development or subdivision.

B. However, when a condominium project, stock cooperative, or community apartment project, as those terms are defined in Section 1351 of the California Civil Code, exceeds fifty dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty.

C. Where a fee is required to be paid in lieu of land dedication, such fee shall be equal to an amount for each acre which would otherwise have been required to be dedicated by Section 18.01.080 of this chapter, which amount is the median fair market value per acre of the land in all public parks of three or more acres within the city if such land were not used for or zoned for park or recreational purposes. The amount of fee in lieu of land to be paid shall be determined according to the following formula:

1. F = 3.0 (No. DU × DF) × FMV ÷1,000

2. Definition of Terms:

a. "F" is the fee to be collected in-lieu of land dedication.

b. "No. DU" is the number of dwelling units proposed in the development or subdivision.

c. "DF" is the density factor obtained from Section 18.01.070 of this chapter as applicable to the proposed development or subdivision.

d. "3.0" is the park acreage standard for the city of Chino; per one thousand persons.

e. "FMV" is the fair market value of the land pursuant to subsection (C) hereof.

D. Fair market value of the land required to be dedicated by this chapter shall be determined by a qualified real estate appraiser selected by the director of community services, parks, and recreation for an annual appraisal of the median fair market value per acre of public parks of three acres or larger in residential areas within the city if such land were not used for or zoned for park or recreational purposes. Such appraisal shall include basic infrastructure abutting the land, such as rough grading, installation of streets, curbs, gutters, street lighting, sidewalks, and installation of available trunk line utility connections, but exclude on-site and other off-site improvements. Such appraisal shall be approved by resolution of the city council.

(Ord. 2002-17 § 1 (part), 2002.)

(Ord. No. 2023-016, § 18, 2023.)

In developments or subdivisions of over fifty parcels, the developer or subdivider shall both dedicate land and/or pay fees in lieu thereof, in accordance with the following standards:

A. When only a portion of the land to be developed or subdivided is designated for park or recreational purposes in the conservation and open space element of the general plan and master plan of parks of the city, such portion shall be dedicated for park and recreational facility purposes, and a fee computed pursuant to the provisions of Section 18.05.100 of this chapter shall be paid for any additional land that would have been required to be dedicated pursuant to Section 18.01.080 of this chapter.

B. When a major portion of the land for such park or recreational facility site already has been acquired by the city and only a small remaining portion of such site is needed, that remaining portion shall be dedicated pursuant to Sections 18.01.080 or 18.01.100 of this chapter or fees in lieu of such dedication shall be paid pursuant to Section 18.01.090, and development fees required by Section 18.01.110 of this chapter also shall be paid for the land comprising the larger portion of such site that would have been required to be dedicated pursuant to Section 18.01.080 of this chapter.

(Ord. 2002-17 § 1 (part), 2002.)

A fee in addition to the in-lieu fee required by Sections 18.01.090 or 18.01.100 of this chapter also shall be paid by the developer or subdivider of any residential development or subdivision for the cost of improvements of land dedicated or otherwise acquired by the city for park and recreational purposes with park or recreational facilities which will serve the residents of the area being developed or subdivided pursuant to the conservation and open space element of the general plan and master plan of parks of the city, at the actual cost of construction of such facilities, determined annually in accordance with the mitigation fee act contained in Chapters 5 through 9 of Division 1 of Title 7 of the California Government Code.

(Ord. 2002-17 § 1 (part), 2002.)

A. Any person requesting a credit against the dedication of land for park or recreational purposes or payment of fees in lieu thereof required by Sections 18.01.050 through 18.01.100 of this chapter shall file a written application therefor with the city clerk no later than sixty days after issuance of the first certificate of occupancy for private open space within the development or subdivision which is usable for active recreational uses. The application shall contain a description of the private open space within the development or subdivision which is usable for active recreational uses, the cost and value thereof, the amount of the in-lieu fees paid, the fair market value of land dedicated determined in accordance with Section 18.01.090 of this chapter, the amount of the credit sought, and all documents in support thereof. Upon the filing of said application, the city clerk shall refer the same to the director of community services, parks, and recreation, who shall prepare an analysis of the requested credit and provide a recommendation to the planning commission within sixty days of the filing of the application. Within thirty days of the receipt of the analysis and recommendation by the director of community services, parks, and recreation, the application shall be set for hearing before the planning commission for a determination on the request for a credit.

B. In order to be eligible for a credit, a residential subdivision or other development must contain private open space that is usable for active recreational uses. Where private open space for park and recreational purposes is provided in such a proposed subdivision or development and such space is to be privately owned and maintained by the future residents of such subdivision or development, partial credit on a square foot for square foot basis, up to an amount not to exceed fifty percent maybe given against the requirement of this chapter for land dedication and/or payment of fees in lieu thereof if the director of community services, parks, and recreation finds that it is in the public interest to do so and all the following standards are met:

1. The proposed private open space is actually usable for active recreational uses taking into consideration such factors as size, shape, topography, geology, access and location of the private open space within the development;

2. The private ownership and perpetual maintenance of the open space is adequately guaranteed by recorded written agreement, conveyance or restrictions;

3. The use of the private open space other than special facilities described in Section 18.01.050 (B) of this chapter, is restricted for park and recreational purposes by a recorded covenant, which runs with the land in favor of the future owners of the property within such subdivision or other development and which cannot be defeated or eliminated without the consent of the city or its successor. Special facilities, however, shall be permanently devoted or dedicated to use by the general public by such a covenant or other legal equivalent, unless a satisfactory substitute is approved by the planning commission;

4. The facilities and amenities proposed for the open space are in substantial accordance with the provisions of conservation and open space element of the general plan and master plan of parks of the city;

5. The yards, court areas, setbacks and other open areas required to be maintained by the zoning and building provisions of this code or the conditions for the approval of the development shall not be included in the computation of such private open space;

6. The open space for which a credit is given, excluding those areas described in subsection (C)(5) herein, shall contain a minimum of one acre in area;

7. The total private open space shall provide a minimum of four of the basic local park elements listed below, or a combination of such elements and other park or recreational improvements that will meet specific recreation and park needs of the future residents of the area:

a. Children's play apparatus area - to include safe and sturdy swings, climbing apparatus, slides, or other like equipment.

b. Landscaped park-like and passive areas.

c. Family picnic area - to include picnic tables and benches and barbecues similar to those presently used by the city.

d. Paved game concrete area - of such size so as to allow basketball, volleyball, tennis or other such court games.

e. Turf playfield (i.e., baseball, softball, soccer).

f. Swimming pool (42' x 75' minimum size with adjacent deck and lawn area), also to include the basic support facilities, i.e.; filtration system and other items as required by law.

g. Recreation center building - to include rest-rooms, kitchen facilities, small meeting rooms and game rooms.

C. The decision of the planning commission to grant or deny a credit and the amount thereof shall be based upon the following factors:

1. Whether such subdivision or development, as a whole, contains more acreage than the amount of acreage required by the city's zoning ordinance for the density of the subdivision or development for which a credit is sought;

2. Whether the ultimate population of such subdivision or development for which a credit is sought exceeds the density permitted for a normal residential development of four and one half units per acre;

3. Whether the private open space within such subdivision or development is, in fact, usable for active recreational uses;

4. What portion, if any, of the total recreational uses for the residents of such subdivision or development is satisfied by the private open space within the private development;

5. Whether the active recreational uses, if any, of such private space and subdivision or development are consistent with the uses identified in the city's conservation and open space element of the general plan.

D. The amount of the credit determined by the planning commission shall not exceed the maximum amount authorized by Section 18.05.050 of this chapter.

E. The planning commission shall adopt written findings respecting the eligibility of the subdivision or other development for a credit, the availability of a credit for the subdivision or other development, the amount of the credit, if any, based upon the criteria contained in this chapter.

(Ord. 2002-17 § 1 (part), 2002.)

(Ord. No. 2023-016, § 19, 2023.)

If a subdivider or developer provides park and/or recreational improvements to land dedicated for park or recreational purposes, with or without the payment of fees in lieu thereof, or a combination of both, as a condition to approval of a tentative tract map, tentative parcel map, or other residential development, pursuant to the requirements of Section 18.01.080, 18.01.090 or 18.01.100 of this chapter, in addition to such dedication of land or payment of fees, the value of such improvements together with any equipment located thereon shall be a credit against such dedication of land or payment of such fees otherwise required by this chapter. The amount of such credit shall be determined by the director of community services, parks, and recreation in accordance with park improvement standards established by the city.

(Ord. 2002-17 § 1 (part), 2002.)

(Ord. No. 2023-016, § 20, 2023.)

A. At the time of approval of the tentative subdivision map or other application for residential development, the planning commission shall determine pursuant to this chapter whether land shall be dedicated and development fees paid, or whether fees in lieu of dedication shall be paid, or both, and the total of such dedication and/or fees, not exceeding the requirements of this chapter.

B. When dedication is required, it shall be accomplished in accordance with the provisions of the subdivision map act as implemented by this chapter. When fees are required, the same shall be deposited with the public works department prior to recordation of the final tract map. Open space covenants for private park or recreational facilities shall be approved by the city attorney and the director of community services, parks, and recreation prior to approval of the final subdivision map by the city council, and shall be recorded simultaneously with such map.

C. The developer or subdivider shall dedicate such land and/or pay such fees after final imposition of the requirement therefor by decision of the planning commission and prior to issuance of any building permit, recordation of the final subdivision map or final approval of any other residential development land use entitlement by the city, whichever is first to occur.

(Ord. 2002-17 § 1 (part), 2002.)

(Ord. No. 2023-016, § 21, 2023.)

Any decision of the director of community services, parks, and recreation or planning commission authorized by this chapter shall be final and conclusive unless appealed by the city council within sixty days of such decision.

(Ord. 2002-17 § 1 (part), 2002.)

(Ord. No. 2023-016, § 22, 2023.)

Fees collected pursuant to Section 18.01.090 of this chapter as a condition to approval of a subdivision map shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities which bear a reasonable relation to the use of such facilities by the future inhabitants of that subdivision. Other fees collected pursuant to this chapter shall be used for providing park and recreational facilities reasonably related to serving the citizens living in the proposed development or subdivision, or for neighborhood or community park and recreational facilities within the service radius of the development or subdivision, or community-wide park and recreational facilities as designated in the conservation and open space element of the Chino general plan, by way of the purchase of necessary land, or if it is deemed by the planning commission that there is sufficient park land available for the development, for improving such land for park and recreational purposes.

(Ord. 2002-17 § 1 (part), 2002.)

The city shall develop a schedule specifying how, when and where it will use the land or fees dedicated or paid pursuant to Sections 18.01.080 or 18.01.090 of this chapter as a condition to its approval of a tentative map or parcel map within five years after payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later, by beginning development of park and recreational facilities or providing documentation indicating its intent to develop such facilities based upon the conservation and open space element of the general plan and master plan of parks of the city.

(Ord. 2002-17 § 1 (part), 2002.)

If the fees paid as a condition to the city approval of a tentative tract map or tentative parcel map pursuant to this chapter are not committed to use in accordance with the provisions of Section 18.01.170 of this chapter, 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. 2002-17 § 1 (part), 2002.)