Irvine Municipal Code § 5-5-1004 Park dedication

As a condition of approval of a tentative map, the advisory agency may require the subdivider to dedicate or make an irrevocable offer to dedicate to the public, the City of Irvine or to other such public agency as may be appropriate, all real property both on and off site required for public use or benefit, including, but not limited to, the following:

A. Local streets and arterial highways;

B. Alleys;

C. Trails, paths and pedestrian ways;

D. Rights-of-way for drainage and erosion-control facilities;

E. Flood-control facilities;

F. Parks;

G. Open space;

H. Easements for landscaping maintenance;

I. Public utility easements; and

J. Other public easements.

(Ord. No. 09-03, § 5, 4-28-09)

The advisory agency may require that the items listed in Section 5-5-1001 be deeded for private use or benefit to a homeowners' association or other responsible body.

(Ord. No. 09-03, § 5, 4-28-09)

A. Vehicular access rights refers to the right of persons to gain entry or exit with a vehicle to or from a street or driveway to or from abutting land.

B. The advisory agency may impose a requirement that any dedication or offer of dedication of a street shall include a release and relinquishment of direct vehicular access rights to or from such street from any property shown on a subdivision map as abutting thereon, and that if the dedication is accepted, such release and relinquishment shall become effective in accordance with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.) with respect to the release and relinquishment of direct access.

(Ord. No. 09-03, § 5, 4-28-09)

A. Requirements.

1. As a condition of approval of a tentative map, the subdivider shall dedicate land, and/or improvements/amenities, and/or pay a fee for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision. This requirement shall apply to all subdivisions except those exempted by Government Code § 66477 (sometimes referred to hereinafter as the "Quimby Act") or any successor statute.

2. Except as provided in Subsection A.3 below, if the proposed subdivision contains 50 parcels or less, the subdivider shall not be required to dedicate any land for park and recreational purposes without his or her consent, but shall pay a fee in accordance with Subsection D.2 below.

3. When a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50.

B. Terms defined. The following definitions shall govern the meaning of words in this section unless, from the context in which the word is used, a different meaning is clearly intended.

1. Fair market value: The estimated per acre value of entitled land with basic infrastructure abutting the property in the proposed project as determined by the Planning Commission based upon an appraisal by a qualified appraiser. Basic infrastructure to the site shall include rough grading, installation of streets, curbs and gutters, and installation of trunk line utilities. Off-site basic infrastructure improvements costs are not eligible for park credit since they are considered in the land appraisal. Items potentially eligible to receive park dedication credits (i.e., minimum improvements, recreational amenities, and associated improvement costs) are not included as part of the appraisal process. Only development projects seeking credits for park dedication in-lieu fees, improvements, and/or amenities shall undergo an independent fair market value land appraisal process specified in the City of Irvine Park/Public Facility Standards Manual. In the event the applicant disagrees with the fair market value determination, the applicant shall use the appeal process specified in the Park/Public Facility Standards Manual. All appraisal costs shall be paid by the applicant prior to the recordation of any final map or issuance of any grading or building permit.

2. Improvements:

a. Minimum improvements: Improvements as are deemed necessary by the City to develop land for park and recreation facilities. Such improvements may include, but are not limited to, site grading, automatic irrigation systems, adequate drainage, lawn, shrubs, trees, concrete walkways and walkway lighting.

b. Recreational amenities: Park improvements which provide a recreational opportunity for the user, such as ball fields, trails, play/tot lots, and community buildings as described by the schedule of improvements in the Park/Public Facility Standards. To receive park dedication credit, the amenities must be developed to City design standards outlined in the Park/Public Facility Standards Manual.

c. Improvement costs: Costs that are associated with the development and construction of minimum improvements and/or recreational amenities. These costs must be directly attributable to the park project to be eligible for park credit as described in the schedule of improvement values in the Park/Public Facility Standards.

3. Park: A parcel or contiguous parcels of land which is/are owned, operated, and maintained by a public agency or private association and which provides recreational land and facilities for the benefit and enjoyment of the residents and visitors of the City. The City designates parks in the following classifications:

a. Community parks: Parks that serve a minimum population of 10,000 and more than one planning area. Community parks are preferred to be a minimum of 20 acres in size, excluding encumbrances that limit design opportunities, such as eucalyptus windrows, creek beds and/or washes, detention basins, casements, greenbelts, and school grounds. Typical facilities include community centers, athletic facilities, large multi-use swimming pools, picnic areas, day care centers, and cultural centers. Community parks are owned and maintained by the City. Siting of community parks shall be in accordance with criteria established in the community park site identification and evaluation section of the community parks master plan.

b. Public neighborhood parks: Parks that serve a minimum population of 2,500. These parks are to be a minimum of four acres in size, excluding encumbrances that limit design opportunities, such as eucalyptus windrows, creek beds and/or washes, detention basins, casements, greenbelts, and school grounds. Typical facilities include active and passive open space, playground equipment, sports fields and picnic areas. Public neighborhood parks are owned and maintained by the City. No public park shall be located within a residential gated community. Public neighborhood park sites shall be publicly accessible by two existing or proposed public streets and visible to the general public. If possible, public neighborhood park sites should be adjacent to a school and/or public trail.

c. Private neighborhood parks: Those parks that serve the immediate subdivision/development or specific planned community in which they are located and meet requirements specified in Subsection F.2.a of this section, except where noted in Section F.2.a. Typical facilities include passive and active play areas, swimming pools, spas, tennis courts and clubhouses. Private neighborhood parks are owned and maintained by a homeowner's association. Private neighborhood parks larger than one acre in size located within a gated community must remain accessible to pedestrians and bicyclists of the general public. Except to the extent otherwise required by law, including, but not limited to, the Quimby Act (Government Code § 66477), no access requirement prescribed herein shall have the effect of superseding a homeowner association's right to restrict the use of private neighborhood parks under its ownership. Private neighborhood parks one acre or less in size located within a gated community are not required to provide pedestrian, bicyclist or vehicle access.

C. Park dedication standards. All standards for park dedication shall comply with the Quimby Act (State of California Government Code § 66477), the California Subdivision Map Act (Government Code § 66410 et seq.) and the City of Irvine General Plan - Conservation and Open Space Element.

The developer of residential subdivisions shall dedicate park land and/or fees in lieu, at the rate of five acres per 1,000 population, apportioned as follows:

Two acres—Community parks

Three acres—Neighborhood parks

Where:

The public/private distribution of neighborhood park land shall be left to the discretion of the Planning Commission upon the recommendation of the Community Services Commission during the approval of the park plan.

D. Manner of compliance. The requirements of Subsections A and C may be complied with by the provision of park land, park improvements/recreational amenities, the payment of a park fee, or combination of park land, fees, and/or improvements/amenities in accordance with the provisions of this section.

1. When the requirements of Subsections A and C are complied with solely on the basis of providing park land, the minimum amount of land to be provided shall be based on the dedication standard and the density classifications and persons per dwelling unit included in the following table:

2. Whenever the requirements of Subsections A and C are complied with solely on the basis of the payment of park fees, the amount of such fees shall be computed by multiplying the number of proposed dwelling units by the acres per dwelling unit shown in the table in Subsection D.1 and by multiplying the resultant acreage amount by the fair market value of land being developed.

3. Whenever the requirements of Subsections A and C are complied with by both the provision of park land and payment of a park fee, the amount of the park fee shall be computed by determining the required amount of park land in accordance with the provisions of Subsection D.1 and subtracting the amount of park land actually provided. The remainder shall be converted to a fee in accordance with the provisions of Subsection D.2.

E. Disposition of land or fees.

1. The amount and location of land to be dedicated or the 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.

2. All park fees shall be paid directly to the City Cashier prior to the issuance of any residential building permits for the building site or sites from which fees are to be derived. These fees are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision.

3. The Director of Community Services shall include in the strategic business plan and the annual budget how, when, and where the land or fees, or both, which were dedicated to the city to develop park and recreational facilities will be used to serve the residents of the subdivision. Any fees collected under Subsections D.2 and 3 of 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. 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.

4. A park phasing plan is required as part of the park plan when more than one park is proposed in a subdivision. The park phasing plan shall specify when each park shall be developed to best serve the residents of the subdivision. This schedule will be required as a condition of subdivision map approval.

F. Credits. All parks must comply with the most current, applicable national and State codes, regulations and standards. All public park improvements/recreational amenities (park dedication credit or no park dedication credit) and private park improvements/recreational amenities receiving park dedication credits must comply with the most current, applicable City codes and standards in the Park/Public Facility Standards Manual.

The subdivider may be eligible to receive credit for park and recreational improvements and apply that credit toward park dedication requirements under the following provisions:

1. Public parks. The value of all eligible minimum improvements, recreational amenities, and improvement costs for the development of public parks shall be a credit against the payment of fees or dedication of land established by this section and the Park/Public Facility Standards Manual. Public park credit shall be granted only when pedestrian, bicyclist, and vehicle access are maintained in perpetuity.

2. Private neighborhood parks. Private land and associated recreational amenities/improvement costs for park and recreational purposes in a proposed development may be eligible to be credited against the requirement for dedication of park land, as set forth in Subsection D. Such park land and recreational amenities are to be privately owned and perpetually maintained and operated by the future residents or owner of the development. Eligibility of private park land and associated recreational amenities/improvement costs for park dedication credit shall be subject to approval by the Planning Commission upon recommendation of the Community & Library Services Commission in conjunction with the approval of a park plan. In no event shall such amount of credit exceed the value of the amenities. The value of the amenities to be credited will be determined on the same cost basis as prescribed in Subsections B, D, and the Park/Public Facility Standards Manual. Evaluation of private neighborhood park land, recreational amenities, and improvement costs for park dedication credit shall be based on the following criteria:

a. That the private park land meet the minimum size requirement of one-third acre, except as follows:

i. Developments with densities over 31 dwelling units per net acre located in any planning area except in Planning Area 36, where the following requirements shall apply:

(i) For developments with less than 200 units, the main private park or recreation area shall be a minimum 6,000 square feet in size; for developments over 200 units, the main private park or recreation area shall be minimum 0.33 acres in size;

(ii) The minimum size of the private park or recreation area may include the entire area used for active recreation, including areas that are not eligible for park land credit for example because they are located on a podium, a rooftop or a parking garage, or have units above; however, only the portion of the private park or recreation area that is used exclusively for recreation (no other uses above or below) may receive park land credit; and

(iii) Smaller areas within the same development may receive neighborhood park land and/or improvement credit if they contain active recreational amenities (such as pools, recreation buildings, tot lots, sports courts, etc.) and are connected with pedestrian walkways to the main recreation area or park that is at least 6,000 square feet in size.

ii. Developments located in Planning Area 36, where requirements for park eligibility contained in Chapter 9-36 of the Zoning Ordinance shall apply;

b. That the proposed private park land is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private park land;

c. That the private neighborhood park shall meet the pedestrian, bicyclist and vehicular access requirements as prescribed in Subsection B;

d. That the following areas or subdivision design features are ineligible for private park credit: leasing offices, yards, court areas (except in Planning Area 36), setbacks, village edges, landscaped village entries, greenbelts (paseos), meandering streams, eucalyptus windrows and circulation improvements such as bicycle, hiking and equestrian trails;

e. That the location of the land provides convenient access to housing and schools;

f. That the perpetual private ownership and maintenance of the land is adequately provided for by a recorded written agreement;

g. That the use of the private park land is perpetually restricted for park and recreational purposes which cannot be defeated or eliminated without the consent of the City Council and in no event without providing equivalent park and recreational space elsewhere in the development;

h. That the proposed amenities be suitable to meet the recreation needs of the residents the park is to serve;

i. That the amenities accepted for full credit for private parks shall be those amenities typically found in public parks as described in Section 5-5-1004(B)(3); and

j. That for private parks in excess of one acre, access to the public (excluding vehicular access) shall not be prevented to the extent as described in Subsection B.3.

3. Banking park credits. Park dedication credits may be eligible to be banked in the form of acres under the following circumstances:

a. Community parks: Park dedication credit for a community park may be banked and applied towards other community park sites within nearby planning area(s) as determined during approval of the park plan.

b. Neighborhood parks: When the timing of park development is not synchronized with residential development within a planning area, neighborhood park dedication credits may be eligible to be banked, as determined during approval of the park plan, if the following conditions are met:

(i) Banked public neighborhood park credits may only be applied towards any neighborhood park site in the planning area within one-half mile from the units which generated the dedication.

(ii) Banked private neighborhood park credits may only be applied towards private parks within the subject tract map boundaries.

(iii) Banked private neighborhood park credits generated by gated residential developments may only be applied towards private parks within the privacy gates of the units which pay for the park's maintenance.

4. Use of Quimby Act fees.

a. Developers of in-fill housing projects with 50 or less units may comply with park dedication requirements solely by payment of in-lieu fees. Neighborhood park in-lieu fees shall be used at the nearest public neighborhood park. Community park in-lieu fees shall be used at the nearest community park(s).

b. Developers of residential projects needing to meet park dedication requirements must select one of the following to satisfy their obligation. For the private park requirement, the developer shall either construct park improvements/recreational amenities at new or existing private parks or pay in-lieu fees to the City which shall be applied towards public parks and/or amenities. The in lieu fees shall be applied towards public parks and/or amenities. The in-lieu fees shall not be granted to existing private homeowner associations. The disposition of City in-lieu fees shall be included in the annual strategic business plan and budget processes.

5. Urban plazas and courtyards. Urban plazas and courtyards are ineligible for park dedication credit, except in Planning Area 36. An urban plaza or courtyard is an area such that the subject land and water is not covered with buildings or structures. The area may have been created as part of the urban building or landscaping design process and be between buildings. The area may or may not be landscaped. Such areas provide limited recreational opportunities and primarily serve passive and circulation uses.

G. Dedication standard reductions. In order to encourage the construction of affordable housing, the City has adopted the following policy:

1. The developer of new units affordable to Income Levels II, III, or IV households (30—50 percent, 51—80 percent, and 81—120 percent of area median income, respectively) as defined in the City of Irvine general plan - housing element, may be allowed to reduce the dedication standard to a minimum of three and one-half acres per 1,000 population, upon review of the Community Services Commission and approval by the Planning Commission during the approval of the park plan. The distribution of the three and one-half acres shall be as follows: One and one-half acres - community parks, and two acres - neighborhood parks. The public/private distribution of neighborhood park land shall be determined during the approval of the park plan.

2. Dedication standard reduction requests shall be subject to the park plan processing procedures as described in Zoning Ordinance Section 2-22-3. Approval of a request for this reduction shall be subject to the applicant's provision of documentation regarding the following criteria:

a. That the reduction in park dedication will help lower the cost of construction of the units planned for Income Level II, III, or IV households.

b. That the new affordable units will be guaranteed as affordable for low-income households for a minimum of 30 years.

c. That projects for family units will be located within one-half mile of a publicly maintained park and/or school playground.

3. The developer of new units affordable to Income Level 1 households (less than 30 percent of area median income), within the Irvine Business Complex (IBC, Planning Area 36) may be allowed to reduce the park dedication requirement, as allowed by the Quimby Act, upon review of the Community Services Commission and approval by the Planning Commission during the approval of the park plan. The distribution of the project acres shall be as follows: One-third community parks and two-thirds neighborhood parks. The public/private distribution of neighborhood park land shall be determined during the approval of the park plan.

4. Dedication standard reduction requests shall be subject to the park plan processing procedures as described in Zoning Ordinance Section 2-22-3. Approval of a request for this reduction shall be subject to the applicant's provision of documentation regarding the following criteria:

a. That the reduction in park dedication will help lower the cost of construction of the units planned for Income Level I households.

b. That the new affordable units will be guaranteed as affordable for low-income households for a minimum of 30 years.

c. That projects for family units will be located within one-half mile of a publicly maintained park and/or school playground.

H. Appeals.

1. Any person may appeal a determination of the Planning Commission regarding the interpretation of this section. Appeals shall be filed with the City Clerk and shall be accompanied by a letter stating the reasons for the appeal. Any such appeals shall be filed within 15 calendar days from the date of determination.

2. An appeal shall be accompanied by a fee/deposit as required by resolution of the City Council, which may be amended from time-to-time. An appeal by a member of the City Council shall not be subject to the payment of a deposit/fee.

3. The City Clerk shall schedule the appeal for a hearing within 60 days of receipt of the appeal. Notice of the time and place the City Council will consider the appeal shall be mailed by the City Clerk to the applicant and to the person who filed the appeal (if other than the applicant).

4. The City Council shall hold at least one public hearing on any appeal in accordance with Zoning Ordinance Chapter 2-5.

5. The City Council may affirm, reverse or modify the previous decision. The decision of the City Council shall be final.

(Ord. No. 09-03, § 5, 4-28-09; Ord. No. 10-08, § 7, 7-27-10; Ord. No. 11-07, § 3(exh. A), 8-23-11; Ord. No. 15-02, exh. A, 4-28-15; Res. No. 15-85, 8-11-15; Ord. No. 18-06, Exh. A, 4-24-18; Ord. No. 19-12, Exh. A, 8-13-19; Ord. No. 23-13, § 3(Exh. A), 7-11-23; Ord. No. 25-09, § 2(Exh. A), 5-13-25; Ord. No. 26-03, 2(Exh. A), 2-10-26)

A. Requirements. As a condition of approval of a tentative map, a subdivider who develops or completes the development of one or more subdivisions within a school district within the City maintaining an elementary school may be required to dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

B. Procedure. The requirements of dedication shall be imposed at the time of approval of the tentative subdivision map. If within 30 days after the requirement of dedication is imposed by the City the appropriate district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after filing the subdivision map or any portion of the subdivision.

C. Payments to subdivider for school site dedications. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

1. The cost of any improvements to the dedicated land since acquisition by the subdivider;

2. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

3. Any other costs incurred by the subdivider in the maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

D. Exemptions. The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative subdivision maps.

(Ord. No. 09-03, § 5, 4-28-09)

A. Requirements. As a condition of approval of a tentative map, the subdivider may be required to reserve sites, appropriate in area and location for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.

B. Standards and formula for reservation of land. Where a park, recreational facility, fire station, library or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element or a public building element, the City may require the subdivider to reserve such sites as the City may determine to be in accordance with the definite principles and standards contained in the specific plan or general plan applicable thereto, subject to the following conditions:

1. The reserved area must be of such size and shape as to permit the balance of property within which the reserved land is located to develop in an orderly and efficient manner.

2. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible.

3. The reserved area shall conform to the applicable adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

C. Procedure. The public agency for whose benefit an area has been reserved shall at the time of approval of the final tract or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements unless such period of time is extended by mutual agreement.

D. Payment. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

E. Termination. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement within the time frame established by the conditions of approval for the tentative map, the reservation of such area shall automatically terminate.

(Ord. No. 09-03, § 5, 4-28-09)

As a condition of approval of a tentative map, the advisory agency may impose a requirement that the design of a subdivision shall provide for the installation of required infrastructure to make available individual household telephone services to each residential parcel in the subdivision.

(Ord. No. 09-03, § 5, 4-28-09)