Fontana Municipal Code Art. IV Fee or Dedication of Land for Park and Recreation Facilities

Footnotes:

--- (3) ---

Cross reference— Finance and taxation, ch. 10; parks and community services, ch. 19; subdivisions, ch. 26.

This article is enacted pursuant to the authority granted by Government Code §§ 66477 et seq. (the "Quimby Act") and 66000 et seq. Government Code § 66477 et seq. specifically authorizes the city to require dedication of park land or payment of fees in lieu of such dedication in set amounts to meet the needs of the citizens of the community for park land and to further the health, safety and general welfare of the community. Additionally, Government Code § 66000 et seq. authorizes the city to require payment of certain recreational facilities fees to serve new development in accord with the master infrastructure facilities plan to be adopted by the city council in accordance with the requirements of the city's general plan. The purpose of this article is to specify the requirements that must be met by new development in order to comply with the requirements of Government Code §§ 66477 et seq. and 66000 et seq. for the provision of necessary park and recreational facilities for the city.

(Code 1968, § 29-38; Ord. No. 1061, § 2(29-38), 9-15-92)

(a) Every residential developer or person who develops land for residential purposes shall dedicate a portion of such land, pay a fee, or a combination of both, at the option of the city as set forth in this article, for the purpose of providing park and recreational facilities at the time and according to the standards and formula contained in this article.

(b) This article shall not apply to alterations or additions to an existing dwelling unit, provided such alteration or addition does not create an additional dwelling unit.

(Code 1968, § 29-39; Ord. No. 1061, § 2(29-39), 9-15-92)

Pursuant to article VI of chapter 21 of this Code, the city may allow partial or complete satisfaction of all fees and/or dedications required by this section through execution of an agreement requiring the construction of public improvements and/or dedication of property.

(Ord. No. 1236, § 6, 2-3-98)

It is found and determined that the public interest, convenience, health, welfare, and safety require that 5.0 acres of property for each 1,000 persons residing within the city shall be devoted to neighborhood and community parks.

(Code 1968, § 29-40; Ord. No. 1061, § 2(29-40), 9-15-92; Ord. No. 1236, § 6, 2-3-98)

(a) Definitions of terms.

(1) A means the area in acres required to be dedicated as a park site and/or to be appraised for fee payment for the development.

(2) 5.0 means park acreage standard for the city, number of acres per 1,000 persons.

(3) D.F. means density factor obtained from section 21-85 as applicable for the development.

(4) No. D.U. means number of dwelling units proposed in the development.

(b) Formula. Where a park or recreational facility has been designated in the city's master plan of parks and recreation and element of the general plan of the city and is to be located, in whole or in part, within the proposed development to serve the immediate and future needs of the residents of the development, the developer shall dedicate land for a park and pay a fee for the development thereof. The land dedicated shall be land which may be used for park and recreational purposes all year and upon which improvements may be built. The amount of land to be provided shall be determined pursuant to the following standards and formula:

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

(c) Additional public improvements. The developer shall provide full street and utility improvements, including but not limited to curbs, gutters, sidewalks, street paving, sewer, water and drainage improvements. The full cost of such improvements shall be borne by the developer and shall not be deducted from or credited against any fees or other amounts due the city under this article or otherwise. The land to be dedicated and improvements to be made pursuant to this section shall be approved by the city.

(Code 1968, § 29-41; Ord. No. 1061, § 2(29-41), 9-15-92; Ord. No. 1236, § 6, 2-3-98)

(a) Source of information. For the purpose of this article, the decennial U.S. census figures or a census taken by the city and validated by the population research unit of the state department of finance, pursuant to Government Code § 40200 et seq. shall be used in determining the density factors for the proposed development. Such density factors shall be adopted by a resolution of the city council as the census figures become available.

(b) Definition of dwelling unit. As used in this section, the term "dwelling unit" includes each single-family dwelling, each dwelling unit in a duplex, apartment house or dwelling, condominium, and any other place designed to be occupied by one or more persons for living, sleeping, cooking and eating.

(c) Definition of types of dwelling units. Single-family residential units, multifamily residential units, and mobile home units shall be defined according to the latest decennial U.S. or state department of finance census.

(d) Density factor. 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.

(Code 1968, § 29-42; Ord. No. 1061, § 2(29-42), 9-15-92; Ord. No. 1236, § 6, 2-3-98)

(a) Criteria for requiring fees in lieu of land dedication. If there is no park and recreational facility designated in the city's parks and recreation element of the general plan to be located in whole or in part within the proposed development to serve the immediate and future needs of the residents of the development, or if the proposed development contains 50 parcels or less, or if there is no site suitable to the city for a park or recreation facility in the development, the developer shall, in lieu of dedicating land, pay a fee equal to acquisition plus development cost. When a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, the city may require dedication of land notwithstanding that the number of parcels may be less than 50.

(b) Use of money. The money collected under this section shall be used only for the purpose of providing park and recreational facilities and improvements reasonably related to serving the citizens living in the proposed development by way of the purchase of necessary land, and/or if it is deemed by the city council that there is sufficient park land available for the development, for improving and maintaining such land for park and recreational purposes.

(c) Definitions of terms.

(1) 5.0 means park acreage standard for the city, number of acres per 1,000 persons.

(2) D.F. means density factor obtained from section 21-85 as applicable for the development.

(3) No. D.U. means the number of dwelling units proposed in the development.

(4) Acq. Cost means park acquisition cost per acre, as determined by section 21-88.

(5) Dev. Cost means park development cost per acre, as determined by section 21-88.

(d) Formula for fee. The fee shall be calculated as follows:

(Code 1968, § 29-43; Ord. No. 1061, § 2(29-43, 29-43.5), 9-15-92; Ord. No. 1236, § 6, 2-3-98)

In developments of over 50 parcels, the developer shall both dedicate land and pay a fee in lieu thereof on the following basis:

(1) General plan requirements. When only a portion of the land to be developed is proposed on the future park sites plan, an element of the general plan, as the site for a local park, such portion shall be dedicated for park purposes and a fee computed pursuant to the provision of section 21-86 shall be paid for the value of any additional land that would have been required to be dedicated pursuant to section 21-84 and the fee for park and recreational facility development.

(2) Remainder dedications. When a major portion of the park or recreational site has already been acquired by the city and only a small portion of land is needed from the development to complete the site, such remaining portion shall be dedicated pursuant to section 21-84 and a fee paid computed pursuant to section 21-86. Such fees shall be used for the improvement of the existing park and recreational facility or for the improvement of other parks and recreational facilities serving the development.

(Code 1968, § 29-44; Ord. No. 1061, § 2(29-44), 9-15-92; Ord. No. 1236, § 6, 2-3-98)

(a) Determining acquisition cost. Where a fee is required to be paid in lieu of land dedication, the acquisition cost portion of such fee shall be equal to an amount for each acre which would otherwise have been required to be dedicated by section 21-84, which amount is the median fair market value per acre of the land found in the city.

(b) Determining fair market value. Fair market value of the land in such public parks shall be determined by evaluation of public park properties within the city. Such evaluation shall exclude improvements. Park properties will be defined as properties which may be used for park and recreational purposes all year and upon which improvements may be built. Such evaluation shall be adopted by a resolution by the city council.

(c) Additional park and recreational facility development fees. An additional fee shall also be assessed for park and recreational facility development in accord with the provisions of Government Code § 66000 et seq. Cost for park development shall be adopted and may be amended by resolution by the city council from time to time as provided by law.

(Code 1968, § 29-45; Ord. No. 1061, § 2(29-45), 9-15-92; Ord. No. 1236, § 6, 2-3-98)

Where the proposed development lies within an area not then within the city's element of parks but intended to be annexed into the city by the developer, the developer shall dedicate land, pay a fee in lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the city's general plan and in accordance with the provisions of this article, and the general plan shall be amended within 120 days following approval of the tentative tract map to include such development and any previously unincluded park for which development there was a dedication of land and/or a payment of fees.

(Code 1968, § 29-46; Ord. No. 1061, § 2(29-46), 9-15-92; Ord. No. 1236, § 6, 2-3-98)

(a) 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:

(1) Compatibility. Compatibility of dedication with the city's recreation and parkland policies and guidelines document, referenced in the respective element of the city's general plan.

(2) Physical characteristics. Topography, geology, access and location of land in the development available for dedication.

(3) General suitability. Suitability for patrol, supervision and maintenance.

(4) Geographic dimensions. Size and shape of the development and land available for dedication.

(5) Feasibility. The feasibility of dedication.

(6) Alternative and additional park land in the vicinity. Availability of previously acquired park property.

(b) The determination of the planning commission as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive, unless appealed to the city council, whereupon the city's appeal procedure shall apply.

(Code 1968, § 29-47; Ord. No. 1061, § 2(29-47), 9-15-92; Ord. No. 1236, § 6, 2-3-98)

A maximum of 25 percent credit shall be given for developed usable privately owned park and recreational open space in conjunction with the development of a planned residential development. The amount of credit shall be determined by the planning commission at the time of approval of the tentative tract for the proposed residential subdivision development, based on the following requirements:

(1) Privately owned open space within planned residential developments. The privately owned open space for which credit is given is a minimum of three acres is, part of the common area open to all residents of the planned residential development and other invitees and provides a minimum of five of the local park basic elements listed in this subsection, or a combination of such elements and other recreation improvements, that will meet the specific recreation needs of future residents of the area:

a. Children's play apparatus area.

b. Landscaped, park-like area with quiet area.

c. Family picnic area.

d. Game court area.

e. Turf play field.

f. Swimming pool (42 feet × 75 feet with adjacent deck and lawn areas).

g. Recreation center building.

(2) Permanent restrictions on use of privately owned open space. Use of the private open space is restricted for park and recreation purposes by a recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city. Each resident of the development is automatically eligible to use the facilities, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities.

(Code 1968, § 29-48; Ord. No. 1061, § 2(29-48), 9-15-92; Ord. No. 1236, § 6, 2-3-98)

(a) When the developer's master plan of development allocates space for a golf course, lake, or the like (referred to in this section as special facilities), designed to serve both the residents of a subdivision and the general public, the developer may, at the city's discretion, be credited for supplying a portion of the requirements of this article in an amount not to exceed 50 percent credit on only those residential units which abut such special facility. Such special facility shall not eliminate the need for other designated park and recreation facilities needed to serve the subdivision. Such special facility shall be restricted by covenant and/or dedication to its initial purpose and shall be permanently devoted or dedicated to use by the general public, unless a satisfactory substitute is approved by the city council.

(b) The city council shall adopt by resolution criteria which shall set forth standards regarding the size, shape, and location of special facilities before any credit may be given pursuant to this section.

(Code 1968, § 29-49; Ord. No. 1061, § 2(29-49), 9-15-92; Ord. No. 1236, § 6, 2-3-98)

(a) When a proposed subdivision is a part of a major land development project, and the owner of such land proposes to permit development by several subdividers, provisions for park and recreational facilities shall be made by the major landowner through the adoption of a comprehensive plan and not by the individual developers. Where park and recreation facilities have been dedicated by requirements of the city in excess of this article's requirements, the major landowner may, at the discretion of the city, be given 100 percent credit for the excess on subsequent projects within the adopted comprehensive plan.

(b) For the purpose of this article, a major land development project shall be a land development project exceeding 40 acres in size.

(c) Where development is proposed for construction in increments, a schedule for providing the park and recreation facilities shall be submitted for approval by the city.

(Code 1968, § 29-50; Ord. No. 1061, § 2(29-50), 9-15-92; Ord. No. 1236, § 6, 2-3-98)

When a developer has submitted data concerning proposed parks on a specific plan area, land dedication or fee shall be determined by an appraisal of land applicable to all subdivisions within the subject specific plan.

(Code 1968, § 29-51; Ord. No. 1061, § 2(29-51), 9-15-92; Ord. No. 1236, § 6, 2-3-98)

Prior to the issuance of a building permit, the planning commission shall determine pursuant hereto the amount of land to be dedicated and/or fees to be paid by the developer. The fee required under this section shall be due as provided for in article V of chapter 21 of this code. Dedication shall be made at the time of recordation of the tract map.

(Code 1968, § 29-52; Ord. No. 1061, § 2(29-52), 9-15-92; Ord. No. 1237, § 6, 2-3-98)

The city shall begin development of park and recreational facilities within five years after the payment of the fees required by this article or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later.

(Code 1968, § 29-53; Ord. No. 1061, § 2(29-53), 9-15-92; Ord. No. 1236, § 6, 2-3-98)

The provisions of this article shall not apply to any industrial or commercial development.

(Code 1968, § 29-54; Ord. No. 1061, § 2(29-54), 9-15-92; Ord. No. 1236, § 6, 2-3-98)