Elk Grove Municipal Code Ch. 22.28 Dedication of Lands for Parks and Recreation Facilities

This chapter is enacted pursuant to the authority granted by Section 66477 of the California Government Code. The park and recreational facilities for which dedication of land and/or payment of a fee is required shall be in accordance with the local recreational element of the General Plan. Land dedication under this chapter shall conform to the most current City General Plan, to any adopted community plan, specific plan, or other area or master plan, and the applicable provisions of Section 66477 of the California Government Code.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. Parkland Required. As a condition of approval of a tentative map, and prior to approval of the final map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this chapter.

This requirement for land dedication and/or in-lieu fee shall be separate from any park impact fee established by resolution of the City Council or the Board of the Cosumnes Community Services District to address improvements to existing parks and construction of new parks as is necessary to support the increase in population provided through new development.

B. Exemptions. The provisions of this chapter shall not apply to:

1. Subdivisions not used for residential purposes, provided, however, that should the site be used in the future for residential purposes such subsequent development may be subject to the payment of park land in-lieu fee as provided in EGMC Chapter 16.80 (Park Land In-Lieu Fee);

2. Commercial or industrial subdivisions;

3. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added;

4. Tentative maps in agricultural or agricultural residential zones as defined in EGMC Title 23 when more than fifty (50%) percent of the lots created exceed two (2) gross acres each;

5. A tentative map of existing multifamily residential units which are more than five (5) years old when no new dwelling units are added; or

6. A lot or parcel within a tentative map that contains a single-family dwelling that is more than five (5) years old when no new dwelling units are added to said lot or parcel.

C. Procedures. At the time of filing of a tentative map for approval, the subdivider of the property shall, as a part of such filing, indicate whether the subdivider desires to dedicate property for park or recreation purposes, or whether the subdivider desires to pay a fee in lieu thereof, or a combination of dedication and in-lieu fees. If the subdivider desires to dedicate land for this purpose, the subdivider shall designate the area thereof on the tentative subdivision map as submitted. Should the provisions of a community plan, specific plan, area plan, or other master plan indicate that a portion of the subject property is intended for parks purposes, the subdivision shall be conditioned to dedicate the required acreage to the parks provider for park purposes. Any dedication is excess of the parkland standard provided in this chapter, or an applicable specific plan, area plan, or other master plan, shall be subject to reimbursement by the parks provider.

D. Required Improvements on Dedicated Land. The subdivider shall complete the following improvements prior to dedication of the park land, unless deferred pursuant to a subdivision improvement agreement or public improvement agreement, with adequate security, as provided in this title:

1. Provide full street improvements, including, but not limited to, curbs, gutters, street paving, traffic control devices, street lights, and sidewalks, to land that is dedicated pursuant to this chapter;

2. Provide fencing along the property line, or other location as approved by the park agency, of that portion of the subdivision contiguous to the dedicated land that is consistent with the standards of the City or park district, as applicable;

3. Provide rough grading of the site as approved by the park agency;

4. Provide public water and sewer connections for the site, including setting any water meters;

5. Provide other improvements that the City or park agency, as applicable, determines are essential to the acceptance of the land for recreational purposes.

E. Determination of Local Agency.

1. Prior to the time of tentative map approval, the approving authority shall have determined whether the City or the Cosumnes Community Services District is the appropriate local public agency providing park and recreation services on a community-wide level and to the area within which the proposed development will be located. Pursuant to such determination, land or fees required under this chapter shall be conveyed or paid directly to the designated agency, if such agency elects to accept the land or fee.

2. In the event park and recreation services and facilities are provided by a public agency other than the City, the amount and location of land to be dedicated or fees to be paid shall be determined by the City Council and the Board of Directors of such public agency.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. Dedication Standards. All new residential subdivisions or development projects shall provide real property for recreation and park purposes at a ratio of no less than five (5) acres of property for each one thousand (1,000) members of the population of the City (or other ratio as may be provided through an adopted community plan, specific plan, or similar master or strategic plan) as provided in this chapter. This standard shall be broken down as follows:

1. Local/Neighborhood Parks. A standard of two (2) acres per each one thousand (1,000) persons for local parks, as that term is defined in the Parks Master Plan; and

2. Community/Regional Parks. A standard of three (3) acres per each one thousand (1,000) persons for community parks, as that term is defined in the Parks Master Plan.

B. Calculation of Required Parkland Dedication for New Development. The amount of land to be dedicated shall be determined according to the formula D x F = A in which:

C. Definitions. The following terms, as used in this section, shall have the following meanings:

“Apartment area”

means an area of land used for or proposed for residential occupancy in buildings or structures designed for five (5) or more families for living or sleeping purposes and having kitchen and bath facilities for each family. Included are condominiums and cluster developments.

“Dwelling unit”

means one (1) or more rooms in a building or structure or portion thereof designed exclusively for residential occupancy by one (1) family for living or sleeping purposes and having kitchen and bath facilities, including mobile homes.

“Mobile home development”

means an area of land used for or proposed for residential occupancy in vehicles which require a permit to be moved on a highway, other than a motor vehicle designed or used for human habitation and for being drawn by another vehicle.

“Multiple-family area”

means an area of land used for or proposed for residential occupancy in buildings or structures designed for two (2) to four (4) families for living or sleeping purposes and having a kitchen and bath facilities for each family, including two (2) family, group and row dwelling units.

“Park factor”

means the factor, or ratio, that describes the amount of parkland required per dwelling unit based upon the average household size for the applicable dwelling unit type. See subsection (D) of this section.

“Single-family area”

means an area of land used for or proposed for detached buildings designed for occupancy by one (1) family.

D. Park Factors.

1. The park factor shall be the acreage required for each of the four (4) types of dwelling units defined in this chapter. The method for calculating the park factor shall be as illustrated in the following equation. To complete the calculation, the Director shall, using data for the City of Elk Grove as reported by the U.S. Census Bureau for the City of Elk Grove, identify the household size for each of the four (4) dwelling unit types. The household size shall be determined based upon the total population in each dwelling category, divided by the total number of occupied units in that dwelling category.

2. In the case of a specific plan, special planning area, or similar master or strategic plan for a geographic area, the park factors shall be established at the time of adoption of the plan as provided in subsection (D)(1) of this section.

E. In multiple-family and apartment areas, the number of dwelling units shall be calculated from the maximum density permitted in the proposed zone, as determined from EGMC Title 23, including any density bonus, unless the subdivider can demonstrate that the development will contain a lesser number of dwelling units. For tentative parcel maps in multifamily zones which require development plan review pursuant to EGMC Title 23, a condition may be added to the tentative parcel map stating that the number of dwelling units may be calculated using the density tentatively approved pursuant to development plan review, and such review shall not become final until the required land or improvements are dedicated (or fees in lieu thereof are paid by the subdivider) to the satisfaction of the City.

F. Unless a specific written request is made by the applicant, fees shall be payable at the time of the recording of the final map or parcel map. When a tentative parcel map or tentative subdivision map includes one (1) or more lots intended for multiple family and apartment development, as provided in subsection (E) of this section, the designated approving authority may add a condition to the map stating that required land or dedication or improvements or the payment of an in-lieu fee may be deferred to a later time but not later than prior to the issuance of building permits. In such instance the value of the in-lieu fee shall be calculated at the time of the payment of the fee.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. Ability to Pay Fee. A new development may pay a fee in lieu of dedicating land for parkland if:

1. There is no park or recreational facility designated in the City’s General Plan or an applicable community plan, specific plan, area plan, or master plan to be located in whole or in part within the proposed subdivision to serve the needs of the residents of the subdivision, and/or where the designed approving authority requires the payment of in-lieu fees; or

2. The proposed tentative map contains fifty (50) lots or less.

B. Formula for Fees. Where the approving authority requires the payment of in-lieu fees, the amount to be paid shall be a sum calculated pursuant to the following formula:

A x V = M where,

C. City Dedications. In determining in-lieu fees for public park and recreation land dedications, the subdivider shall request that the City cause an appraisal to be prepared, consistent with this section, and the subdivider shall pay the in-lieu fee based upon the fair market value established by the appraisal consistent with the standards set forth herein.

Upon request by the subdivider to calculate the in-lieu fee, the City shall request that an appraisal be conducted by a qualified licensed real estate appraiser from the City’s list of approved appraisers. The appraiser shall hold a certified general appraisal license issued by the California Bureau of Real Estate Appraisers (BREA) or equivalent certification, as determined in the sole discretion of the City. The cost of the appraisal and the City’s review of the appraisal shall be borne by the subdivider. A deposit for such fees, established by the City’s Community Development Department services fees schedule as approved by resolution of the City Council, shall be deposited with the City at least one hundred twenty (120) days prior to the recording of the final map. If the deposit is nearing depletion, the City may request an additional deposit. If an unbilled balance remains at the end of the appraisal process, a refund will be issued to subdivider.

The appraisal shall appraise the property at its unencumbered (free and clear) value, as if at the approved tentative map stage of development and as if any assessments or other encumbrances to which the property is subject had been paid in full prior to the date of the appraisal. Factors to be considered during the evaluation shall include the following:

1. Conditions of the tentative map, including all required street and utility improvements facili-tating use of the property;

2. The General Plan and any applicable area plan;

3. Zoning and density;

4. Property location;

5. Off-site improvements facilitating use of the property;

6. Site characteristics of the property; and

7. Existing public improvements.

The market value shall be defined as the most probable price, as of a specific date, in cash, or terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self interest, and assuming that neither is under undue duress.

The appraisal shall value the property as of a date no earlier than ninety (90) days prior to the recording of the final map, or the payment of the fee, whichever occurs later. The appraisal report shall be subject to approval by the Director.

D. Other Agency Dedications. If another public agency, including without limitation the Cosumnes Community Services District, provides park and recreation services to the area within which the proposed development will be located, and if such other public agency will be the recipient of the in-lieu fees for park and recreation dedications, then the other public agency may, in its sole discretion, either: 1) conduct the appraisal through the office of the Sacramento County Assessor to determine fair market value, which shall value the property as of a date no earlier than ninety (90) days prior to the recording of the final map, or the payment of the fee, whichever occurs later; 2) utilize the appraisal method described in subsection (C) of this section; or 3) conduct the appraisal through another procedure acceptable to that public agency in a manner that determines the fair market value consistent with the standards set forth in this section. The subdivider shall pay the actual costs incurred by the other public agency in obtaining an appraisal and shall pay such estimated costs in advance of commencing the appraisal.

E. Alternative Appraisal Method. Nothing here shall preclude the City or any other public agency from determining fair market value by an appraisal procedure that is alternative to the procedures set forth above, as long as the alternative appraisal method is reasonably likely to determine the substantially same fair market value as if conducted by the appraisal method above, all as determined by the City or the other public agency in their sole discretion.

F. Use of Fees. Fees collected pursuant to this section shall be used and expended solely for the acquisition, improvement, and expansion of the public parks, playgrounds, and recreational facilities reasonably related to serve the needs of the residents of the proposed subdivision. The Council and/or the designated local public agency shall develop a schedule specifying how and when it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision. Any fees collected shall be committed within five (5) years after the payment of fees or the issuance of building permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later. If such 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. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. The City may grant credit for privately owned and maintained open space or local recreation facilities, or both, in planned unit developments or residential townhouse units, mobile home developments, special planning areas (as defined in EGMC Title 23), and other forms of planned developments; provided, that for such property located within the Cosumnes Community Services District’s jurisdiction, such credit determination shall be made in the joint discretion of the City and Cosumnes Community Services District. Such credit shall be subtracted from the dedication or fees, or both, subject to joint approval of the City and Cosumnes Community Services District, if such property is located within the Cosumnes Community Services District’s jurisdiction, provided:

1. Yards, patio court areas, setbacks, and other open space areas required by this title and EGMC Title 23 shall be maintained;

2. Provision is made by recorded covenants that the private areas be adequately maintained, consistent with City and Cosumnes Community Services District standards;

3. The use of private open space or recreation facilities is limited to park and local recreation purposes and shall not be changed to another use without the written consent of the City.

In the event park and recreation services and facilities serving the subdivision are provided by a public agency other than the City, such agency shall have the joint discretion to grant credit in accordance with this section. Any recorded covenant effectuating the terms of this section shall be enforceable by the City and the public agency that provides park and recreation services and facilities to the subdivision.

B. Land or facilities which may qualify for credit will generally include the following:

1. Open spaces, which are generally defined as parks and parkway areas, ornamental parks, extensive areas with tree coverage, lowlands along streams or areas of rough terrain when such areas are extensive and have natural features worthy of scenic preservation, or open areas on the site in excess of twenty thousand (20,000 ft2) square feet;

2. Court areas for tennis, badminton, shuffleboard or similar hard-surfaced areas designed and used exclusively for court games;

3. Recreational swimming areas defined as fenced areas devoted primarily to swimming and diving, including decks, lawn area, user facilities (e.g., changing rooms/locker rooms, showers), or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15 ft2) square feet of water surface area for each three (3%) percent of the population of the subdivision;

4. Recreation buildings designed and primarily used for the recreational needs of the residents of the development;

5. Special areas defined as areas of scenic or natural beauty, historic sites, hiking, riding or motorless bicycle trails, including pedestrian walkways separated from public roads, planting strips, lake sites, or river beaches, improved access or right-of-way in excess of the requirements of EGMC Section 22.28.020(A), and similar types of open space or recreational facilities.

C. Credit provided under this section shall be limited to the local portion of the required parkland under EGMC Section 22.28.030(A) and shall not apply to the community park component.

D. Computation of Credit. The categories for credit described herein shall be given equal weight, each category not to exceed twenty (20%) percent of the total dedication or fee which may be required by the approving authority. The approving authority may grant additional credit for each category if there is substantial evidence that:

1. The open space or recreational facility is above average in aesthetic quality, arrangement or design;

2. The open space or recreational facility is clearly proportionately greater in amount or size than required by this title or usually provided in other similar types of development; or

3. The open space or recreational facility is situated so as to complement open space or local recreational facilities in other private or public developments.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

The subdivider or owner and the Council or the Director of a local park and recreational district may, after dedication of the land and before construction of the first (1st) dwelling unit, agree to sell the land dedicated and use the proceeds thereof towards the acquisition of a more suitable site. Such sale is subject to the limitations imposed on disposition of park property set forth in the California Government Code.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

If the proposed subdivision is recorded through the use of phased final maps or parcel maps, as provided by this title, requirement for dedication of lands for public parks and recreation facilities or in-lieu payment shall be required on a proportional share of the area subject to the phased map versus the overall approved project. The Director shall, at the time of filing of each phased map, recalculate the amount of land required to be dedicated in accordance with this chapter, based on the land area and units included on the proposed final map or parcel map. Nothing in this section shall preclude the subdivider from satisfying the requirements of this chapter as part of the first phased map. However, in no instance shall the dedication accepted by the City or in-lieu fees collected by the City for the subdivision be less than the proportional requirement that has been recorded.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

Dedication of land outside of the subdivision may be authorized by the City and Cosumnes Community Services District by action on the tentative map and be credited toward the developer’s parkland dedication requirement pursuant to this chapter.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. If a subdivider desires they may receive credit for providing park and recreational improvements to the land the subdivider has dedicated, or equipment located thereon, under an applicable parks impact fee program, or similar development impact fee program. At the time of filing for the tentative map, the subdivider shall notify the local agency providing park and recreational services to the area within which the proposed development will be located that they intend to receive credit for park and recreational services to the area within which the proposed development will be located, and that they intend to receive credit for park and recreational improvements to the dedicated land and equipment located on that land. At the time of approval of the tentative map, the amount of land to be dedicated necessary to comply with this chapter shall be calculated pursuant to EGMC Section 22.28.030. As a condition of approval of such tentative map, the developer shall be required to dedicate the calculated amount of land or its equivalent in fees or credits at the time of filing the final map, and the developer shall sign an agreement with the local agency stating that land, and any equipment located thereon, shall be calculated and dedicated at the time of approval of the final map in an amount equivalent to the current value, pursuant to EGMC Section 22.28.040 as established by an appraisal of the amount of land required to be dedicated as a condition of the tentative map.

B. Such land, improvements and equipment may be accepted by the local agency if such land, improvements and equipment comply with its master plan for that park. Immediately upon the approval or conditioned approval of the tentative map to the subdivider, the local agency providing parks shall initiate preparation of a master plan for the park area proposed to receive the credits. Such master plan shall be completed within the duration of the tentative map and not later than thirty-six (36) months from approval of the tentative map.

C. At the time of approval of the final map, the subdivider shall dedicate land to the local agency providing parks if such dedication is consistent with the master plan. The subdivider and the local agency shall enter into a credit agreement whereby the subdivider agrees to pay a fee in lieu of dedication of land and provide a bond or other security acceptable to the City guaranteeing the subdivider will pay the fee, in the amount of the remainder of the obligation calculated pursuant to subsection (A) of this section. The subdivider then shall specify the improvements to the dedicated land together with equipment located thereon he or she wishes to provide, consistent with the master plan. The public agency shall proceed with a standard competitive bid process to arrive at the lowest responsible bidder for providing such improvements and equipment. Upon completion of the competitive bid process, the subdivider shall pay the fee, which shall be used to pay for such improvements and equipment. If no fee is paid, the bond or other security shall be used for such payment. The remainder of the fee or security, if any, shall be retained by the local agency.

D. If the developer and local agency agree to allow installation of park and recreational improvements and equipment located on the dedicated land, rather than providing a fee, bond, or other security pursuant to subsection (C) of this section, the developer may do so; provided, that such improvements are consistent with the park master plan. The amount of credit to be given shall be determined jointly by the local agency providing parks, the City, and the developer, based on evidence presented by the developer showing that such improvements were obtained and installed at a reasonable, competitive rate for the community. Only reasonable charges shall be eligible for credit under this section. The developer may choose to construct and provide such improvements and equipment only upon a showing to the City and local agency providing parks that such a procedure will not result in costs in excess of that obtainable by using a competitive bidding process carried out by the public agency, pursuant to subsection (C) of this section.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)