Chapter 16.18 — DEDICATION OF LAND FOR PARK FACILITIES AND PAYMENT OF IN-LIEU FEES

This chapter implements the provisions of Government Code Section66477, which authorizes 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 tract map or parcel map for certain subdivisions. (Ord. 634 § 3, 2000; Ord. 19-03 § 3, 2019)

• A. The dedication of land for park facilities shall be required by the Planning Commission or Council incident to and as a condition of the approval of a tentative tract map or parcel map for a subdivision if the subdivision contains 51 or more separate lots, or consists of a condominium project containing 51 or more dwelling units, except any condominium project created by the conversion to a condominium of an existing multi-unit residential building which is more than five years old. In addition, when a condominium project or stock cooperative, as those terms are defined in Civil Code Section 1351, exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of lots may be less than 51.

• B. The land required to be dedicated for park purposes shall be of suitable quality to be used for park purposes. The City may condition the subdivider to fund the cost of a study to determine the suitability of the land proposed to be dedicated for park purposes.

• C. Property to be dedicated shall be free of any and all liens and encumbrances and shall include a California Land Title Association Standard Coverage title insurance policy, including a proper title record provided by the subdivider.

• (Ord. 634 § 3, 2000; Ord. 19-03 § 3, 2019)

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 tract map or tentative parcel map for a subdivision shall be consistent with the standards and policies for park facilities adopted in the General Plan, any applicable specific plan, or any Council resolution, and shall bear a reasonable relationship to the need for park facilities by the inhabitants of the subdivision. (Ord. 634 § 3, 2000; Ord. 19-03 § 3, 2019)

• 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 tract map or tentative parcel map for a subdivision shall be based on the product of the following:

  1. The maximum number of dwelling units permitted within the subdivision as determined from Title 17 (Zoning) and the conditionally approved tentative tract map or tentative parcel map applicable to the subdivision, multiplied by

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City of Los Alamitos, CA

SUBDIVISIONS

§ 16.18.040

§ 16.18.060

2. The average number of residents per dwelling unit within the incorporated territory of the City, as determined by figures from the most recent U.S. Census, multiplied by

3. The standard of 2.5 acres per 1,000 persons.

• 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.

• (Ord. 634 § 3, 2000; Ord. 19-03 § 3, 2019; Ord. 2023-05, 12/18/2023)

• A. Where a tentative tract map or a tentative parcel map is approved for a common interest development, as defined in Civil Code Section 1351, which includes private open space set aside for active recreational purposes, then the maximum number of acres or fraction required to be dedicated to the City for park facilities incident to and as a condition of approval of such tentative tract map or tentative parcel map shall be reduced by an amount equal to 25 percent of the number of acres or fraction of an acre of the private open space set aside for private open space purposes.

• 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 meets 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.

  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 Council.

• (Ord. 634 § 3, 2000; Ord. 19-03 § 3, 2019)

Where an application is filed for approval of a tentative map or a final parcel map for a subdivision which contains fewer than 51 lots, the subdivision, nevertheless, shall be deemed to contain 51 or more lots for purposes of land dedication requirements provided for by this chapter where the Planning Commission or Council, based on all available evidence, determines that one

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City of Los Alamitos, CA § 16.18.060

LOS ALAMITOS CODE

§ 16.18.090

or more lots within the subdivision are likely to be further subdivided in a manner which would create a total of 51 or more lots within the entire subdivision. This evidence shall include, but not be limited to, the potential number of lots and/or dwelling units that would be permitted within the subdivision pursuant to the General Plan or any applicable specific plan. Moreover, where a subdivision contains lots likely to be further subdivided, the Planning Commission or Council 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 in the Zoning Regulations applicable to the subdivision.

(Ord. 634 § 3, 2000; Ord. 19-03 § 3, 2019)

When the Planning Commission or Council has required the dedication of land for park facilities incident to and as a condition of the approval of a tentative tract map or tentative parcel map for a subdivision, the Planning Commission or Council, as a further condition of approval, may require the construction and installation of the following public improvements within the dedicated parkland and adjoining public rights-of-way:

• 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 buffer 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/or

• E. Any other public improvements which the Planning Commission or Council determines are necessary in order to make the dedicated parkland suitable for development as a park facility.

• (Ord. 634 § 3, 2000; Ord. 684 § 1, 2005; Ord. 19-03 § 3, 2019)

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

(Ord. 634 § 3, 2000; Ord. 19-03 § 3, 2019)

• A. The Planning Commission or Council may require payment of in-lieu fees instead of or in combination with the dedication of parkland so long as the fees are equal to the value of the parkland which would otherwise have been dedicated. The subdivider of a subdivision containing 50 or fewer lots shall only be required to pay the in-lieu fees, provided that when a condominium project, stock cooperative, or community apartment project, as those terms

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City of Los Alamitos, CA

SUBDIVISIONS

§ 16.18.090

§ 16.18.090

are defined in Civil Code Section 1351, exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of lots may be less than 51.

• B. For any subdivision containing more than 50 lots, the Council may elect, at its sole discretion, to require the 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 Council'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.

• C. In-lieu fees required pursuant to this section shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 16.18.040 (Amount of Dedicated Parkland to Be Required). The following formula shall fix the amount of the fee:

In Lieu Fee = The Amount of Dedicated Parkland to Be Required multiplied by the Fair Market Value of the Amount of Land

The amount of the in-lieu fee shall be established by resolution of the Council. (Ord. 634 § 3, 2000; Ord. 19-03 § 3, 2019; Ord. 2023-05, 12/18/2023)

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City of Los Alamitos, CA

SUBDIVISIONS

§ 16.20.010

§ 16.20.040

CHAPTER 16.20 MAJOR THOROUGHFARE FEES