Chapter 7.38 — DEDICATION OF LAND FOR PARK FACILITIES AND PAYMENT OF IN LIEU FEES

This chapter is adopted to implement the provisions of the Quimby Act, Government Code Section 66477, which authorize a City to require the dedication of land for park facilities and/ or payment of in lieu fees incident to and as a condition of the approval of a tentative map or tentative parcel map for certain subdivisions, as well as enacting certain requirements adopted under the City's general police power.

(Ord. 171 § 1, 2007)

The dedication of land for park facilities shall be required by the Planning Commission incident to and as a condition of the approval of a tentative map or tentative parcel map for a subdivision if the subdivision contains 51 or more separate lots or parcels, or consists of a condominium project containing 51 or more dwelling units, excepting therefrom any condominium project created by the conversion to a condominium of an existing multifamily-residential building which is more than five years old. The land required to be dedicated for park purposes shall be of suitable quality to be used for park purposes. The City may require a study to determine the suitability of the land proposed to be dedicated for park purposes. Property to be dedicated shall be free of any and all liens and encumbrances and shall include a CLTA standard coverage title insurance policy including a proper title record provided by the subdivider. (Ord. 171 § 1, 2007)

The amount of land required to be dedicated to the City for park facilities incident to and as a condition of the approval of a tentative map or tentative parcel map for a subdivision shall be consistent with the standards and policies for park facilities, adopted in the General Plan or an applicable specific plan and shall bear a reasonable relationship to the need for park facilities by the inhabitants of the subdivision.

(Ord. 171 § 1, 2007)

• A. Except as otherwise provided by this chapter, the number of acres or fraction of an acre of land required to be dedicated to the City for park facilities incident to and as a condition of the approval of a tentative map or tentative parcel map for a subdivision shall be five acres per 1,000 estimated population in the subdivision based on the product of the following:

  1. The maximum number of dwelling units permitted within the subdivision as determined from the zoning regulations and the conditionally approved tentative map or parcel map applicable to the subdivision; multiplied by:

  2. The average number of residents per dwelling unit within the incorporated territory of the City, as determined by the most recent Federal Census or a census taken pursuant to the provisions of Title 4, Division 3, Part 2, of the California Government Code (commencing with Section40200); multiplied by:

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City of Lake Forest, CA § 7.38.040

LAKE FOREST CODE

• B. If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be credited against the payment of fees or dedication of land. Improvements required pursuant to Section 7.38.070 shall not be considered "park and recreational improvements" for purposes of this section.

• C. A development with private open space shall receive an adjustment to its parkland dedication obligation, as specified in Section 7.38.050.

• (Ord. 171 § 1, 2007)

• A. Where a tentative map or a tentative parcel map is approved for a condominium project, a planned development or a real estate development which includes private open space set aside for active recreational purposes, then the maximum number of acres or fraction thereof required to be dedicated to the City for park facilities incident to and as a condition of approval of such tentative map or tentative parcel map as determined by Section 7.38.040(A) shall be reduced by an amount equal to 25% of the number of acres or fraction of an acre of such private open space set aside for such purposes, as illustrated below:

Adjustment (in acres) = (.25 × private open space acres)

• B. For purposes of this section, private open space set aside for active recreational purposes shall include any private open space within the subdivision other than yards, courtyard areas, setbacks, and other open areas required by zoning regulations, building regulations, and other regulations of the City which meet all of the following requirements:

  1. The private open space is open to and accessible by all residents of the subdivision;

  2. The private open space includes one or more of the following active recreational elements:

     • a. Open spaces dedicated to active recreational pursuits such as soccer, golf, baseball, softball, and football,

     • b. Tennis courts, basketball courts, racquetball courts, badminton courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games, and

     • c. Recreational swimming pools or other swimming areas and those fenced areas directly adjacent to such swimming pools or swimming areas; and,

  3. Use of the private open space is restricted for active recreational purposes by a recorded covenant which runs with the land and which can be terminated only with the prior written consent of the City Council.

• (Ord. 171 § 1, 2007)

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.38.060

§ 7.38.090

lots and parcels likely to be further subdivided.

Where an application is filed for approval of a tentative map or a tentative parcel map for a subdivision which contains less than 51 lots or parcels, such subdivision, nevertheless, shall be deemed to contain 51 or more lots or parcels for purposes of land dedication requirements provided for by this chapter where the Planning Commission, based on all available evidence, determines that one or more lots or parcels within the subdivision are likely to be further subdivided in a manner which would create a total of 51 or more lots or parcels within the entire subdivision. This evidence shall include, but not be limited to, the kind of development that would be permitted within the subdivision pursuant to the General Plan or any applicable specific plan. Moreover, where a subdivision contains lots and parcels likely to be further subdivided, the Planning Commission shall determine the maximum number of acres and/or fraction of an acre to be dedicated to the City for park facilities in the manner provided by this chapter. This number shall be based on the maximum number of dwelling units which would be permitted within the subdivision pursuant to the provisions of the General Plan or any applicable specific plan rather than on the zoning regulations applicable to the subdivision. (Ord. 171 § 1, 2007)

When the Planning Commission has required the dedication of land for park facilities incident to and as a condition of the approval of a tentative map or tentative parcel map for a subdivision, the Planning Commission, as a further condition of such approval, may require the construction and installation of the following public improvements within the dedicated parkland and adjoining public rights-of-way, the value of which shall not be a credit against the value of land required to be dedicated since such improvements are required by the City's general development standards:

• A. Storm drainage facilities necessary for the conveyance and disposal of stormwaters generated within or flowing through the dedicated parkland;

• B. Fencing necessary in order to provide an appropriate barrier between the dedicated parkland and adjoining properties;

• C. Street improvements within the adjoining public rights-of-way including, but not limited to, street paving, sidewalks, curbs, gutters, street trees, and traffic control devices;

• D. Utilities stubbed to the property line; and,

• E. Any other public improvements, other than park and recreational improvements as described in Section 7.38.040(B), which the Planning Commission determines are necessary in order to make the dedicated parkland suitable for development as a park facility.

• (Ord. 171 § 1, 2007)

Where parkland has been dedicated to and accepted by the City in accordance with the conditions of approval of a tentative map or tentative parcel map for a subdivision, such parkland shall be used for the purpose of developing neighborhood or community park and recreational facilities which serve the residents of the subdivision in accordance with a parkland development schedule adopted by the City Council.

(Ord. 171 § 1, 2007)

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City of Lake Forest, CA § 7.38.090

LAKE FOREST CODE

§ 7.38.090

• A. The Planning Commission may require payment of in lieu fees instead of or in combination with the dedication of land so long as the fees are equal to the value of the parkland which would otherwise have been dedicated. Subdivisions containing 50 or less parcels may only require the payment of in lieu fees, except that 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 51.

• B. For any subdivision containing more than 50 parcels, the Planning Commission may elect, at its sole discretion, to impose the condition of payment of in lieu fees for park and recreation purposes instead of dedication of parkland if the subdivision is not conducive to the development of parks and recreation facilities. The Planning Commission's decision regarding whether to require payment of in lieu fees shall be based on the subdivision's location, topography, quality of land resources, design constraints, and related factors. Such in lieu fees shall be equal to the value of the parkland that would have been dedicated pursuant to Section 7.38.040, less the cost of improvements pursuant to Section 7.38.070. The amount of in lieu fees shall be set by City Council resolution.

• C. If such resolution is not currently in effect, then the amount of in lieu fees required by the Planning Commission shall be based on the following:

  1. The per-acre value of the entire subdivision, as determined by an appraiser selected pursuant to Section 7.38.090(D), multiplied by:

  2. The number of acres and any fraction thereof required to be dedicated, as determined by Section 7.38.040, adding the product of this multiplication to:

  3. The reasonable cost of improvements, as approved by the City, for an active park of the size which would have been required to be developed pursuant to this chapter.

• D. An appraiser mutually acceptable to the City and the subdivider shall be retained for the purposes of Section 7.38.090(C)(1). If the parties cannot agree on an appraiser then the City shall select an appraiser qualified to conduct such appraisal. The subdivider shall be required to pay the appraiser's fee.

• (Ord. 171 § 1, 2007)

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.40.010

§ 7.40.040

CHAPTER 7.40

CORRECTION AND AMENDMENT OF RECORDED FINAL AND PARCEL MAPS