La Quinta Municipal Code Ch. 13.48 Park Dedications (quimby Act)

This chapter establishes criteria for the dedication of land or payment of in-lieu fees for the development of new, or rehabilitation or enhancement of existing, community parks or recreational facilities in accordance with Chapter 66477 of the Government Code.

(Ord. 272 § 1, 1995)

All residential subdivisions of land, except those identified in Section 13.48.030, are to provide for parks by either dedicating land, paying an in-lieu fee, or a combination of the two (2).

(Ord. 272 § 1, 1995)

Subdivisions containing less than five (5) parcels and nonresidential subdivisions are exempt from the requirements of this chapter. However, a condition shall be placed on the approval of nonresidential parcel maps that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the in-lieu fee shall be required to be paid by the owner of each such parcel as a condition of the issuance of such permit.

(Ord. 272 § 1, 1995)

The city council shall require either the payment of a park development fee, the dedication of land, or both when a residential subdivision is proposed. The payment of in-lieu fees will be required in subdivisions containing fifty (50) parcels or less, except that when a condominium project, stock cooperative or community apartment project exceeds fifty (50) dwelling units, dedication of land may be required even though the number of parcels may be fifty (50) parcels or less. All subdivisions of mobilehome parks and condominium conversions are subject to the park development fee.

(Ord. 272 § 1, 1995)

The parkland dedication requirement shall equal three (3) acres per one thousand (1,000) people. The number of people within a subdivision shall be calculated by multiplying the number of dwelling units times the average density per dwelling unit in the city according to the latest U.S. Census.

(Ord. 272 § 1, 1995)

In-lieu fees shall be based on the fair market value of land within a subdivision. For any subdivision in which in-lieu fees are to be paid, the subdivider shall provide land sale information, a current appraisal, or other information on land value within the subdivision. The planning director may consider the subdivider-provided information and/or other land value information in calculation of the parkland dedication requirement.

(Ord. 272 § 1, 1995)

The decision to accept land for park dedication shall be final and conclusive and shall be determined by consideration of the following criteria:

A. Site topography, geology, access and location within the subdivision;

B. The size and shape of the subdivision and the area available for dedication;

C. Site environmental constraints, such as flooding or significant archaeological resources;

D. The compatibility of the site with the park and recreation element of the general plan; and

E. The availability and proximity of previously acquired park property.

(Ord. 272 § 1, 1995)

At the time of approval of the tentative map the city shall determine the amount of land to be dedicated. At the time of the filing of the final map, the city shall determine the fees to be paid. Dedications of land and in-lieu payments shall be made prior to or concurrently with recordation of the first final map within the tentative map or approval of a waiver of parcel map. In-lieu fees may be paid for each proposed final map phase of a multiple-phased map, based upon the acreage of the phased map and in accordance with the applicable provisions of this chapter.

(Ord. 467 § 1, 2009; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

The city general plan contains a number of policies on parkland development. Those policies have been compiled and placed in the parks element of the general plan.

(Ord. 467 § 1, 2009; Ord. 272 § 1, 1995)