Diamond Bar Municipal Code Ch. 21.32 Dedications and Exactions

This chapter establishes standards for subdivider dedications of land or payment of fees in lieu thereof, in conjunction with subdivision approval.

(Ord. No. 01(1999), § B, 2-2-99)

(a) Compliance required. All proposed subdivisions shall comply with the requirements of this chapter for dedications, reservations, or the payment of in-lieu fees.

(b) Conditions of approval. The requirements of this chapter as they apply to a specific subdivision shall be described in conditions of approval adopted by the review authority for the tentative map.

(Ord. No. 01(1999), § B, 2-2-99)

The review authority may require any of the dedications or exactions through conditions of approval of a proposed tentative map only after first making findings which:

(1) Identify the purpose for the dedication or exaction; and

(2) Demonstrate that there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the subdivision from which the dedication or exaction is required.

(Ord. No. 01(1999), § B, 2-2-99)

(a) Purpose. This section provides for the dedication of land and/or the payment of fees to the city for park and recreational purposes as a condition of the approval of a tentative map. This section is enacted as authorized by the provisions of article 3, chapter 4 of the map act, also known as the "Quimby Act."

(b) Applicability.

(1) Land dedication and/or fee payment required. As a condition of tentative map approval, the subdivider shall dedicate land and/or pay a fee in compliance with this section for the purpose of developing new or rehabilitating existing park or recreation facilities to serve the subdivision.

(2) Exemptions. The provisions of this section do not apply to industrial or commercial subdivisions, condominium projects or stock cooperatives 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, or to any other subdivisions exempted by map act section 66477.

(c) Amount of parkland required. The amount of acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the number of dwelling units expected in the subdivision. The required dedication shall be computed using the following formula:

X = .005(UP)

Where:

(d) Formula for fees in lieu of land. If the entire parkland obligation for a proposed residential subdivision is not satisfied by dedication in compliance with subsection (c) above, the subdivider shall pay a fee to the city in lieu of dedication, as a condition of tentative map approval. The fee shall equal the parkland obligation derived from the formula in subsection (c), less the amount of parkland, if any, offered for dedication by the subdivider, times the average per-acre fair market value for the appropriate park planning area.

For purposes of determining the required fee, the term "fair market value" shall mean the market value of the land as determined by the staff of the city, and approved by the commission or council, prior to or at tentative map approval. If the subdivider objects to the valuation, the subdivider, at his/her own expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the city whose appraisal may be accepted by the city if found reasonable. Fair market value may be determined by mutual agreement of the city and subdivider; however, decisions of the city as to fair market value shall be final and conclusive.

(e) Criteria for requiring dedication and fees. In subdivisions of over 50 lots, the city may require the subdivider to dedicate both land and pay a fee, as follows:

(1) Determination of land or fee. Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

a. The resource management element of the general plan, city-wide comprehensive parks master plan, and any applicable specific plans, and the compatibility of dedication with those plans;

b. Topography, geology, access, size, shape and the location of land in the subdivision available for dedication;

c. Feasibility of dedication; and

d. Availability of previously acquired park property.

(2) Fees only. Only the payment of fees shall be required in subdivisions of 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required even though the number of actual parcels may be less than 50.

(3) Procedure for determining land or fee. The review authority shall determine whether the subdivider shall dedicate land, pay in-lieu fees, or provide a combination of both, at the time of tentative map approval. The determination of the review authority shall be based on a report and recommendation from the director. The recommendation by the director and the action of the review authority shall consider the factors in subsection (e)(1) above, and shall include the following:

a. The amount of land required;

b. Whether a fee shall be charged in lieu of land;

c. Whether land and a fee shall be required, and/or that a stated amount of credit be given for private recreation facilities;

d. The location and suitability of the parkland to be dedicated or use of in-lieu fees; and

e. The approximate time when development of the park or recreation facility shall commence.

The determination of the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

(4) Formula for land and fees. When both land dedication and fee payment are required, they shall be subject to the following formula:

a. When only a portion of the land to be subdivided is proposed in the resource management element, city-wide comprehensive parks master plan, or applicable specific plan as the site for a local park, that portion shall be dedicated for local park purposes, and a fee computed as provided by subsection (d) shall be paid for any additional land that would have been required to be dedicated by subsection (c).

b. When a major part of the local park or recreational site has been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated, and a fee computed as provided by subsection (d) shall be paid in an amount equal to the value of the land that would otherwise have been required to be dedicated by subsection (c). The fees shall be used for the improvement of the existing park or recreational facility serving the subdivision.

(5) Credit for improvements. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land.

(6) Credit for private recreation or open space. Where a substantial private park and recreational area is provided in a proposed subdivision, and will be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 75 percent, may be given against the requirement of land dedication or payment of fees in lieu thereof if the review authority finds all of the following:

a. Yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of the private open space;

b. The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyances, or restrictions;

c. The use of the private open space is restricted for park and recreational purposes by recorded covenants, which run with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city;

d. The proposed private open space is usable for active recreation; and

e. Facilities proposed for the open space are in substantial compliance with the provisions of the resource management element and city-wide comprehensive parks master plan.

(f) Suitability of land to be dedicated. Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use.

(1) Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall not be considered when calculating the area of the park site provided in compliance with this section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline.

(2) Land intended for other than trail use shall have a maximum slope of three percent. If necessary, the site shall be graded by the subdivider to achieve this slope, in compliance with plans approved by the city. Land which has an average slope of more than three percent may be counted as part of the park dedication requirement where the review authority determines that special circumstances exist which would make the acceptance of the land in the public interest. The amount of credit against the park obligation in these cases shall be calculated as shown in Table 3-1. Greater credit for sites in excess of three percent slope may be granted where the review authority determines that a site contains an exceptional visual, biotic, or other natural resource.

TABLE 3-1 CREDIT FOR DEDICATION BASED ON SLOPE

(3) If the council determines that any of the land proposed to be dedicated is not suitable for park use, it may reject all or any portion of the land offered, and in that event the subdivider shall instead pay a fee in compliance with subsection (d), above.

(g) Conveyance of land, payment of fees. Real property being dedicated for park purposes shall be conveyed by the parcel or final map in fee simple absolute, to the city by the subdivider, free and clear of all encumbrances except those which, in the opinion of city attorney, will not interfere with use of the property for park and recreational purposes, and which the council agrees to accept. The amount of required fees shall be deposited with the city at the time of submittal of a parcel or final map. The fees shall be held by the city until the map is recorded, or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land, and title insurance approved by the city attorney in favor of the city in an amount equal to the value of the land.

(h) Use of collected fees. Fees collected in compliance with this section shall be used only for the purpose of providing new or rehabilitating existing park or recreational facilities reasonably related to serving the proposed subdivision. Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they 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. 01(1999), § B, 2-2-99)

(a) Offers of dedication required. As a condition of tentative map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the review authority to be needed for public and private streets and alleys, including access rights and abutters' rights; drainage; public and private greenways; scenic easements; public utility easements; and any other necessary public and private easements.

(b) Improvements. The subdivider shall construct or agree to construct all improvements approved or required for the subdivision, including access rights and abutters' rights, in compliance with the city's Development Improvement Standards, Requirements, and Guidelines.

(c) Rights-of-way, generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a city-maintained road of insufficient width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility.

(d) Bicycle paths. If the approved subdivision contains 200 or more parcels, any subdivider who is required to dedicate roadways to the public shall dedicate additional land for bicycle paths for the use and safety of the residents of the subdivision.

(e) Transit facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if:

(1) The subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown in the general plan; and

(2) The review authority finds that transit services are or will, within a reasonable time period, be available to the subdivision.

(f) Alternative transportation systems. Whenever the subdivision falls within an area designated for the development of bikeways, hiking or equestrian trails in the general plan, city-wide comprehensive parks master plan, applicable specific plan, or implementing legislation, the subdivider shall dedicate land as is necessary to provide for these ways.

(Ord. No. 01(1999), § B, 2-2-99)