Chapter 16.35 — PARK DEDICATION AND IN LIEU FEES

(A) Authority and purpose . This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California and shall be interpreted to be consistent with the provisions thereof. The park and recreational facilities for which payment of impact fees and/or dedication of land is required by the terms of this chapter shall be provided in accordance with the standards, specifications and requirements of the general plan of the city any specific plan adopted thereto, the city's Park Master Plan and any other adopted resolution, policy or standard of the city.

(B) Effect on other laws . This chapter shall supersede all other ordinances or regulations of the city adopted to implement Government Code, Section 66411. The enactment of this chapter shall not supersede any other provisions or authority adopted by ordinance of the city council unless expressly stated in this chapter. (Ord. 2845 § 2 (part), 2006)

The following definitions shall govern the meaning of words in this chapter, unless from the context in which the word is used, a different meaning is clearly intended:

(A) " Dwelling unit " means each single family or multi-family dwelling, whether attached or detached, including each dwelling unit in a duplex, apartment house or dwelling, condominium, mobile home unit, any other place designated, occupied or intended for occupancy as a separate living quarter by one or more persons for living, sleeping, cooking or eating purposes.

(B) " Fair market value " means the value of the land being subdivided based upon the current assessed value, modified to equal market value in accordance with the current practice of the county assessor, or at the option of city based upon an appraisal by a qualified appraiser selected by city. With regard to any park and recreation improvements or equipment provided by the subdivider, the fair market value shall be the actual cost to acquire, construct or install the improvement or equipment.

(C) " Master Plan " means the latest City of Corona Parks, Recreation and Open Space Master Plan as adopted by the City Council of the City of Corona.

(D) " Park " means a parcel or contiguous parcels of land which is owned, operated and maintained by a public agency and which provide park and recreational facilities for the benefit and enjoyment of the residents of the subdivision and of persons residing, working or visiting in the city. Parks may be classified as community parks, including community centers, special use parks, sport parks, athletic facilities, large multiuse swimming pools, picnic areas, cultural centers or similar facilities; neighborhood parks, including local or pocket parks, playground equipment, sports fields, and picnic areas; and private neighborhood parks, generally intended to serve only the immediate subdivision/development or specified planned community in which they are located. Parks may also include, or be limited to open space areas suitable for active or passive uses.

(E) " Park and recreational facilities " means any public improvements deemed necessary by the city to develop, improve or rehabilitate land and facilities for park and recreational purposes. Such improvements may include but not be limited to grading; landscaped areas for active and passive recreational use, open space and sports fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; rest rooms, bicycle facilities and park lighting; playground or other recreational equipment; picnic facilities; community center or

other buildings, swimming pools; volleyball, basketball, tennis, racquetball and other courts; vehicle driveways and parking areas and any other facilities which may hereafter be authorized by state law or approved by the city.

(F) " Private open space " means that privately owned land and facilities for park and recreation purposes provided within a subdivision and perpetually maintained and operated by the future residents or owner of the subdivision, which land and facilities can be credited against the dedication and payment in accordance with the requirements in this chapter.

(G) " Subdivider " means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided -real property into a subdivision for himself or for others.

(H) " Subdivision " means the definition contained in California Government Code Section 66424 and shall include any division of land governed by the provisions of the Subdivision Map Act (commencing with California Government Code Section 66410).

(Ord. 2845 § 2 (part), 2006)

As a condition of approval of a tentative or final tract map or parcel map for a residential subdivision, or for a building permit within a subdivision, the subdivider shall be required to dedicate park land or pay an in lieu fee, or both, at the sole and exclusive option of the city, in an amount set by resolution of the City Council, as authorized by this chapter, for park and recreational purposes, unless the subdivider is exempted from this requirement by the express provisions of this chapter. The payment of an impact fee and/or dedication of land shall be at the time and according to the standards and formula contained in this chapter.

(Ord. 2845 § 2 (part), 2006)

(A) General . If park dedication is required under Section 16.35.030, the park area required shall be determined in accordance with the standards provided in this section.

(B) Standard set by resolution in amount not to exceed formula of park area to population . The amount of park area required to be dedicated by a subdivider shall be the proportionate amount necessary to provide 3.0 acres of park area per 1,000 persons (the "maximum park area standard"). The city council finds that the park standard is authorized by Government Code, Section 66477 and is required by the public interest, convenience, health, welfare, and safety require.

(C) Dwelling unit occupancy factor . Using the latest available census data, the City Council shall, by resolution, determine the average number of persons per dwelling unit type.

(D) Computation of maximum area of park that may be required to be dedicated . The maximum amount of park land the city may require for any subdivision shall be determined by multiplying the number of dwelling units in the subdivision for each housing type by the occupancy factor for each housing type by .003 (i.e., the ratio of the maximum park area standard of three acres per one thousand population). This is represented as follows:

(# of dwelling units) x (occupancy factor) x (.003) = Park Area to be dedicated

(E) Qualification of land being dedicated . In addition to meeting the requirements set forth in this section, any land offered for park dedication shall meet the criteria specified in § 16.35.060(D).

(Ord. 2845 § 2 (part), 2006)

16.35.050 Standards for determining impact fees/maximum fee.

(A) When required by § 16.35.060, the subdivider shall pay to the City a fee in lieu of dedicating parkland. The fee shall be set by resolution of the City Council, as said resolution may be amended from time to time, based upon the findings and determinations of the city that the amount of fees will serve the public interest, convenience, health, safety and welfare of the residents of the city.

(B) Notwithstanding the above, the maximum fee that the city may require a subdivider to pay shall be computed by multiplying the area of park to be dedicated under § 16.35.040(D) by the fair market value of the land being developed. This is represented as follows:

Park Area to be dedicated x Fair Market Value = In-Lieu Fee

(A) Impact fee generally required . Where required by the city or where no park or recreational facility located in whole or in part within the proposed subdivision is designated in the general plan of the city, the city's master plan of parks or other adopted resolution policy or standard of the city, the subdivider shall pay an impact fee computed in accordance with § 16.35.050 to be used for park and recreational purposes to serve the residents of the area being subdivided and other members of the public.

(B) Dedication in lieu of impact fee . Where a park or recreational facility has been designated in the general plan of the city, the city's master plan of parks or other adopted resolution policy or standard of the city, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of that subdivision and other members of the public, the city may require the subdivider to dedicate land for park and recreational purposes and provide recreational facilities thereon in lieu of payment of an impact fee as provided in this chapter if the city determines that dedication is desirable as provided in this section. If the fair market value of the park and recreational facilities provided is less than that required hereunder, the difference shall be paid by the subdivider as an impact fee.

(C) Combination of land and fees . The city may accept a combination of land, recreational facilities and fees, with the respective amounts to be determined in the sole discretion of city, so long as the aggregate fair market value of the land and recreational facilities plus in-lieu fees does not exceed the limits established in this chapter.

(D) Determination of land or fee . Whether the city requires payment of an impact fee, or accepts land dedication in lieu thereof, or a combination of both, shall, in the city's sole discretion, be determined by consideration of the following:

(1) The provisions of the city's general plan, master plan of parks, any specific plan adopted thereto, and any other adopted resolution, policy or regulation of the city;

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

• (3) Size and shape of the subdivision and land available for dedication;

• (4) The feasibility of dedication;

• (5) Access and location of other park sites to subdivision; and

• (6) Need of other accessible park sites for development, improvement and rehabilitation.

• (7) The determination of the city as to whether an impact fee shall be charged or land dedicated, or a combination thereof, shall be final and conclusive.

(E) Impact fees for subdivisions of fifty parcels or less . If the subdivision contains 50 parcels or less, only the

payment of fees may be required, except that condominium, stock cooperative or community apartment projects may be required to dedicate land if they have more than 50 dwelling units.

(Ord. 2845 § 2 (part), 2006)

16.35.070 Subdivider credits.

(A) When park and recreational facilities, including equipment, are provided by the subdivider to the dedicated land, the value of the recreational facilities or equipment as determined by the City Council, upon recommendation by the Director of Parks and Community Services, shall be a credit against the fees to be paid or land to be dedicated pursuant to this chapter; provided, that the recreational facilities or equipment have been made or installed with the prior approval and to the satisfaction of the Director of Parks and Community Services.

(B) Credit shall not be allowed for single purpose commercial recreation facilities whether dedicated or in private ownership.

(C) Partial park dedication credit may be given when land dedicated for a community and/or neighborhood park has a slope gradient of not more than 5% for more than two-thirds of the site. The portion of land dedicated for a community park in excess of two-thirds may be credited at the sole discretion of the City Council upon the recommendation of the Director of Parks and Community Services and the Parks and Recreation Commission.

(D) Where park land is provided by the subdivider in a proposed subdivision and such park land is to be privately owned and maintained by future residents of the subdivision and restricted for the use, benefit and enjoyment by the residents of the subdivision and their guests and invitees, a maximum of 50% credit may be given for a privatelyowned park land provided in conjunction with the development of a subdivision against the requirement for dedication of park land in accordance with this chapter, subject to the following conditions:

(1) Credit for privately owned park land shall be subject to the approval of the City Council at the time of approval of the final tract or final parcel map and upon recommendation of the Parks and Recreation Commission and/or Planning Commission.

(2) The aggregate amount of privately-owned park land and public park land to provided under this shall not be less than the park acreage standard set forth in this chapter.

(3) The amount of privately-owned park land for which a subdivider may seek credit may not exceed one-third of the amount of the land required for dedication pursuant to this chapter and accepted by the city; meaning, for example, in a subdivision requiring a dedication of three acres of public park land, not more than one acre of privately-owned park land may be eligible for a credit and the credit to be given shall not be greater than 50% of the fair market value thereof. Assuming that a subdivider seeks and is given 50% credit for a one-acre privately owned park, the subdivider would then be required to dedicate two and a half acres of other park land for public purposes.

(4) The credit to be given shall not be greater than 50% of the fair market value of the privately owned park land to be provided, as such fair market value is determined by the City Council by separate resolution.

(5) The use of the privately-owned park land is restricted for park and recreational purposes by recorded covenants, or such other recorded covenants as may be acceptable to the City Attorney, which shall run with the land in favor of the future owners of property within the proposed subdivision and which cannot be defeated or eliminated without the consent of the city.

(6) Access to the privately-owned park land shall be available and suitable to meet the recreation needs of the residents within the subdivision and their guests and invitees.

(7) That yards, court areas, setbacks and other open space areas required to be maintained by the city's zoning and building regulations shall not be included in the computation of the private recreational area;

(8) The private ownership and maintenance of the recreational area is adequately provided for by written agreement.

(9) Except as otherwise provided herein, no credit shall be given for private open space in any subdivision.

(E) In order for any credit to be given, the City Council shall find that the above standards have been met after full consideration of a written report from the Director of Parks and Community Services and any recommendations thereon from the Park and Recreation Commission.

(Ord. 2845 § 2 (part), 2006)

The amount and location of land to be dedicated or the impact fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. In accordance with Government Code Section 66477, it is expressly acknowledged that the land to be dedicated or fees to be paid shall be used for parks and park and recreational facilities. In addition, such fees may be used to improve or rehabilitate existing parks. Impact fees paid by a subdivider pursuant to this chapter may be spent to develop, improve and rehabilitate parks and park and recreational facilities even though such parks and facilities may be used by nonresidents of the subdivision, so long as the benefit of the park and park and recreational facilities to residents of the subdivision is reasonable in relation to the location of the parks and amount of the impact fees. (Ord. 2845 § 2 (part), 2006)

All park impact fees shall be paid directly to the city cashier upon the date of final inspection, or the date the certificate of occupancy is issued, whichever occurs last, provided that the city may require payment on a pro rata basis for each dwelling or upon a percentage of dwellings when they have received final inspection or certificate of occupancy, whichever occurs last. Notwithstanding the foregoing, the city may require earlier payment of such fees if necessary to reimburse the city for previous expenditures or if the fees are collected for park and recreational facilities where the city has established an account, appropriated funds, and adopted a construction schedule or plan for the park and recreational facility improvements prior to final inspection or certificate of occupancy. In the event of dedication, dedication shall be made at the time of recordation of the final map.

(Ord. 2845 § 2 (part), 2006)

(A) City's schedule. The Director of Parks & Community Services shall prepare and maintain a schedule specifying how, when and where land or impact fees, or both, which were dedicated to the city to develop park or recreational facilities will be used. Any impact fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

(B) Subdivider's schedule. In the event that subdivider improves or develops parks for public or private ownership, the subdivider shall prepare a schedule specifying when, how and where he will develop the park or recreational facilities to serve the residents of the subdivision. This schedule will be required as a condition of subdivision map approval.

(Ord. 2845 § 2 (part), 2006)

(A) The provisions of this chapter shall not apply to subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such 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, an impact fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

(B) The provisions of this chapter also shall not apply to commercial or industrial subdivisions; or to condominium or stock cooperative projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

(Ord. 2845 § 2 (part), 2006)

(A) The City Council is empowered to grant deferrals or waivers of any fee imposed by this chapter upon request, after notice and hearing, if in the opinion of the City Council, properly supported by specific findings, deferral would allow a better or more fair financing arrangement to be developed and imposed, or where waiver is required because imposition of such fee or fees would cause undue hardship.

(B) Findings must include facts supporting deferral or waiver, including, without limitation, findings that in the case of deferral:

• (1) Other properties to be benefitted by any fee will not be burdened by the review and delay in fee imposition;

(2) Alternative financing methods involving more than one owner have been proposed for review; and

(3) Delay will result in a more fair funding arrangement; and, in the case of waiver the owner will receive little or no benefit from the fee imposed and would therefore be required, if the fee were imposed, to pay more than his or her fair share for the benefit received.

(Ord. 2845 § 2 (part), 2006)

CHAPTER 16.36 APPEALS