§ 7.36

DEDICATION OF LAND FOR PARK FACILITIES AND PAYMENT OF IN-LIEU FEES

This chapter is adopted to implement the provisions of the Quimby Act which authorize a city to require the dedication of land for park facilities or payment of in-lieu fees incident to and as a condition of the approval of a tentative tract map or tentative parcel map for certain subdivisions.

Further, the purposes and objectives of this Chapter are:

• (a) To preserve, enhance and improve the quality of the physical environment of Dana Point;

• (b) To provide a procedure for the acquisition and development of local park facilities;

• (c) To ensure that adequate park and recreation facilities will be provided; and

• (d) To provide regulations requiring five acres of land, or the proportionate share thereof, for each 1,000 residents of the City of Dana Point be provided by persons proposing to establish dwelling units.

(Added by Ord. 95-03, 2/14/95)

The dedication of land for park facilities shall be required by the advisory agency incident to and as a condition of the approval of a tentative map or tentative parcel map for a subdivision if the subdivision contains 51 or more separate lots or parcels, or consists of a condominium project containing 51 or more dwelling units, excepting therefrom the conversion of an existing multifamily residential building, which is more than five years old, to a condominium project. (Added by Ord. 95-03, 2/14/95)

The amount of land required to be dedicated to the City for park facilities incident to and as a condition of the approval of a tentative map or tentative parcel map for a subdivision shall be consistent with the standards and policies for park facilities, adopted in the General Plan or an applicable specific plan and shall bear a reasonable relationship to the need for park facilities by the inhabitants of the subdivision.

(Added by Ord. 95-03, 2/14/95)

Except as otherwise provided by this Chapter, the number of acres or fraction of an acre of land required to be dedicated to the City for park facilities incident to and as a condition of the approval of a tentative map or tentative parcel map for a subdivision shall be the product of the following:

• (a) The maximum number of dwelling units permitted within the subdivision as determined from the zoning regulations applicable to the subdivision; multiplied by

• (b) The average number of residents per dwelling unit within the incorporated territory of the City, as determined by the most recent federal census or a census taken pursuant to the

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City of Dana Point, CA

DANA POINT CODE

§ 7.36.025

§ 7.36.035

provisions of Title 4, Division 3, Part 2 of the California Government Code (commencing with Section 40200); multiplied by

(c) Five thousandths (.005) of an acre per person. (Added by Ord. 95-03, 2/14/95)

• (a) Where a tentative map or a tentative parcel map is approved for a condominium project, planned development or a real estate development which includes private open space set aside for active recreational purposes, then the maximum number of acres or fraction thereof required to be dedicated to the city for park facilities incident to and as a condition of the approval of a tentative map or tentative parcel map shall be reduced by an amount equal to 25% of the number of acres or fraction of an acre of such private open space set aside for active recreational purposes.

• (b) For purposes of this section, private open space set aside for active recreational purposes shall include any private open space within the subdivision other than yards, court areas, setbacks, and other open areas required by zoning regulations of the City which meets all of the following requirements:

  • (1) The private open space is open to and accessible by all residents of the subdivision;

  • (2) The private open space includes one or more of the following active recreational elements:

    • (a) Open spaces dedicated to the active recreational pursuits such as soccer, golf, baseball, softball and football,

    • (b) Tennis courts, badminton courts, shuffleboard courts or similar hardsurfaced areas especially designed and exclusively used for court games, and

    • (c) Recreational swimming pools and other swimming areas; and

  • (3) Use of the private open space is restricted for active recreational purposes by a recorded covenant which runs with the land and which can only be terminated with the prior consent of the City Council.

(Added by Ord. 95-03, 2/14/95)

Where an application is filed for approval of a tentative map or tentative parcel map for a subdivision which contains less than 51 lots or parcels, such subdivision, nevertheless, shall be deemed to contain 51 or more lots or parcels for purposes of land dedication requirements provided for by this Chapter where the advisory board, based on all available evidence determines that one or more lots within the subdivision are likely to be further subdivided in a manner which would create a total of 51 or more lots or parcels within the entire subdivision. This evidence shall include, but not be limited to, the kind of development that would be permitted within the subdivision pursuant to the General Plan or any applicable specific plan. Moreover, where a subdivision contains lots and parcels likely to be further subdivided, the

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City of Dana Point, CA § 7.36.035

SUBDIVISIONS

§ 7.36.050

advisory agency shall determine the maximum number of acres and/or fraction of an acre to be dedicated to the City for park facilities in the manner provided by this Chapter. This number shall be based on the maximum number of dwelling units which would be permitted within the subdivision pursuant to the provisions of the General Plan or any relevant specific plan rather than on the zoning regulations applicable to the subdivision. (Added by Ord. 95-03, 2/14/95)

When the advisory agency has required the dedication of land for park facilities incident to and as a condition of the approval of a tentative map or tentative parcel map for a subdivision, the advisory agency shall, as a further condition of such approval, require the construction and installation of the following public improvements within the dedicated parkland and adjoining public rights-of-way:

• (a) Storm drainage facilities necessary for the conveyance and disposal of stormwaters generated within or flowing through the dedicated parkland;

• (b) Fencing necessary in order to provide an appropriate barrier between the dedicated parkland and adjoining properties;

• (c) Street improvements within the adjoining public rights-of-way including, but not limited to, street paving, sidewalks, curbs, gutters, street trees and traffic control devices; and

• (d) Any other public improvements which the advisory agency determines are necessary in order to make the dedicated parkland suitable for development as a park facility.

• (Added by Ord. 95-03, 2/14/95)

Where parkland has been dedicated to and accepted by the City in accordance with the conditions of approval of a tentative map or tentative parcel map for a subdivision, such parkland shall be used for the purpose of developing neighborhood or community park and recreational facilities which serve the residents of the subdivision in accordance with a parkland development schedule adopted by the City Council. Such parkland development schedule shall be adopted by the City Council within 12 months of the acceptance by the City of dedicated parkland or on or before the date the Council adopts the first annual City budget next following such acceptance, whichever last occurs, and shall specify how and when such parkland will be used for the development of neighborhood or community park facilities which serve the inhabitants of the community. (Added by Ord. 95-03, 2/14/95)

The Subdivision Committee may only require payment of in-lieu fees in subdivisions containing 50 or less lots or parcels. However, when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, a dedication of land may be required notwithstanding the fact that the number of parcels may be less than 50.

The Subdivision Committee may elect to impose the condition of payment of in-lieu fees for park and recreation purposes instead of dedication of parkland if the location or topography of the subdivision is not conducive to the development of parks and recreation facilities at this location. Such in-lieu fees shall be equal to the value of the parkland that would have been dedicated

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City of Dana Point, CA

DANA POINT CODE

§ 7.36.050

§ 7.36.050

pursuant to Section 7.36.025 plus the cost of improvements pursuant to Section 7.36.040. (Added by Ord. 95-03, 2/14/95)

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City of Dana Point, CA

SUBDIVISIONS

Note: Former Ch. 7.37, Urban Lot Splits, adopted by Ord. 22-01, was repealed by Ord. 26-01, 1/ 20/2026.

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