§ 10.4

New dwelling units increase demand on existing park and recreational facilities and create the need for additional facilities. the intent of this Division (Parks Fees & Dedications) is to enable the acquisition of land and the collection of fees to be used for the purpose of developing new or rehabilitating existing recreational facilities in order to create a healthy and sustainable city.

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Sec. 10.4.1. (Intent) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

the type and amount of park and recreation impact fees associated with a project depends on the type of project being developed. Subdivision projects consisting of more than 50 dwelling units are subject to a Quimby in-lieu fee. All other residential projects are subject to a park mitigation fee. collectively, these fees are referred to in this Zoning code (chapter 1A) as park fees.

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Sec. 10.4.2. (Types of Fees) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

All new dwelling units and joint living and work quarters shall be required to dedicate land, pay a fee or provide a combination of dedication of land and fee payment for the purpose of acquiring, expanding, and improving park and recreational facilities for new residents. For the purposes of this Division (Parks Fees & Dedications) , dwelling units, accessory dwelling units, junior accessory dwelling units, and household business: joint living & work quarters shall be referred to as dwelling units.

• A. Residential Subdivision Projects That Contain More Than 50 Dwelling Units

A subdivision containing more than 50 dwelling units shall be required to participate in early consultation with the Department of recreation and Parks and Department of city Planning pursuant to Sec. 10.4.4. (Residential Subdivision Projects with More than 50 Dwelling Units) , and may be required to dedicate land, make park improvements, pay park fees, or provide a combination of dedication of land and park fee payment.

B. All Other Residential Projects

For residential subdivision projects containing 50 or fewer dwelling units or for non-subdivision residential projects that are seeking a building permit for a project application that contains any number of net new dwelling units, the project shall pay a park fee pursuant to Sec. 10.4.5. (All Other Residential Projects) . Applicants may choose to dedicate land or new park and recreational facilities, or improve existing park and recreational facilities in lieu of payment of a park fee.

c. Exemptions

the following types of development shall not be required to pay a park fee:

1. Modifications, renovations, or additions to an existing residential building or structure where no additional dwelling units are created.

2. replacement of existing dwelling units on the same lot resulting in no net increase of dwelling units.

3. the replacement of a destroyed or partially destroyed or damaged building or structure where no additional dwelling units are created.

4. Affordable housing pursuant to Sec. 10.4.7. (Affordable Housing Exemption) .

5. Accessory dwelling units and junior accessory dwelling units.

6. Non-residential development.

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Sec. 10.4.3. (Applicability) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

A. Early Consultation

Applicants shall meet with the Department of recreation and Parks and Department of city Planning staff in advance of submitting a subdivision application for a project of more than 50 dwelling units. the intent of this early consultation is to discuss the potential dedication of land requirements of the project and to discuss credits available to the applicant, if any. the Department of recreation and Parks shall provide written verification of the consultation to the project applicant within 10 business days of the meeting. Written verification of this consultation shall be required before the Department of city Planning accepts a subdivision application.

B. Formula for Park Land Dedication

1. the Department of recreation and Parks shall calculate the amount of land to be dedicated by determining the number of net new, non-exempt, pursuant to Sec. 10.4.3.C. (Exemptions) , dwelling units in the proposed project and multiply that number by the average number of people per occupied dwelling unit and multiplying that by the park service factor:

lD = (HU x P) x F

lD: land to be dedicated in acres.

HU: total number of new market-rate dwelling units.

• P: Average number of people per occupied dwelling unit as determined by the most recent version of the U.S. census for the city of los Angeles.

• F: Park service factor, as indicated by the Department of recreation and Parks rate and fee schedule.

2. Any land dedication for park and recreation purposes shall not be deducted from a site's lot area when calculating project density.

3. if after recording the fnal tract map there is an increase in the number of dwelling units to be built or a change in the number or type of dwelling units designated, which increases the number of persons served by the subdivision, the project applicant shall be required to dedicate additional land or pay additional fees, as determined by the Department of recreation and Parks and the Department of city Planning.

c. Park Land Dedication Radius

Any dedication of land for park and recreation purposes shall be located within a certain radius from the project site, as specified below:

1. Neighborhood Park: within a two-mile distance

2. community Park: within a five-mile distance

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Sec. 10.4.4. (Residential Subdivision Projects With More Than 50 Dwelling Units) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

3. regional Park: within a 10-mile distance

D. Review of Land Dedication

1. Upon receiving the project application for a subdivision, the Department of city Planning shall transmit the project application that involves a proposed dedication of land to the Department of recreation and Parks.

2. After receipt of the project application, the Department of recreation and Parks shall determine whether the dedication of land proposal complies with the Department of recreation and Park's existing park and recreation standards and requirements.

3. if the Department of recreation and Parks determines that the dedication of land proposal meets the standards and requirements of the department, the General Manager of the Department of recreation and Parks shall prepare a report to the Board of recreation and Parks commissioners regarding the proposed dedication. the Board of recreation and Parks commissioners may accept or decline the dedication of land.

e. Payment of Park Fee

if the project is not required to dedicate land for park and recreational purposes, the project applicant shall pay a park fee pursuant to Sec. 10.4.5. (All Other Residential Projects) .

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Sec. 10.4.4. (Residential Subdivision Projects With More Than 50 Dwelling Units) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

A. Fees & Fee Schedule

the park fee amount depends on the type of project. the Department of recreation and Parks shall collect these fees pursuant to Sec. 15.9.3. (Park Fees) and the Department of recreation and Parks rate and fee schedule.

B. Fee Calculation

the Department of recreation and Parks shall calculate the amount of the park fee due for each residential project by determining the number of new non-exempt dwelling units, pursuant to Sec. 10.4.3.C. (Exemptions) , in the proposed project and multiplying the number of dwelling units by the park fee amount per dwelling unit according to the following formula:

Project Park Fee = HU x PrF

HU: total number of new, non-exempt dwelling units, pursuant to Sec. 10.4.3.C. (Exemptions)

PrF: Park Fee per dwelling unit

c. Fee Expenditure Radius

recreational sites and facilities shall be located within a certain radius from the project site, as specified below:

1. Neighborhood park: within a two-mile distance.

2. community park: within a five-mile distance.

3. regional park: within a 10-mile distance.

D. Indexing

Any fee imposed by this Division (Parks Fees & Dedications) shall be adjusted on July 1st of each year by a percentage equal to a weighted average of:

1. the percentage change in the construction cost index for los Angeles, as published by engineering News record, or its successor publication, for the 12-month period between March in the year in which the adjustment is made and the month of March in the immediately preceding year; and

2. the percentage change in the Federal reserve economic Data All-transactions House Price index for los Angeles-long Beach-Glendale, cA (MASD) as published quarterly by the Federal reserve Bank of St. louis, or its successor publication, from the fourth calendar quarter most recent to the year in which the adjustment is made to the fourth calendar quarter immediately preceding it.

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Sec. 10.4.5. (All Other Residential Projects) Last amended by Ord. 188,613, Eff. 07/04/2025

Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

e. Fee Payment Timing

1. Residential Subdivision Projects

the park fee for residential subdivisions shall be calculated and collected prior to final subdivision map approval. Subdivision maps that are phased or unitized may be calculated and paid in phases permitting that the phased map and the number of dwelling units on each phased map has been confirmed by the Advisory Agency.

2. Residential Non-Subdivision Projects

For other residential projects, the park fee shall be calculated and collected prior to the issuance of the certifcate of Occupancy.

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Sec. 10.4.5. (All Other Residential Projects) Last amended by Ord. 188,613, Eff. 07/04/2025

Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

the park fee enacted by this Division (Park Fees & Dedications) is a fee imposed on residential projects reflecting each project's proportionate share of the cost of providing park land and improvements necessary to meet the needs created by each respective development. As such, the park fee is additional and supplemental to, and not in substitution of, lot amenity space or residential amenity space required by this Zoning code (chapter 1A), a Specifc Plan, or any other planning document.

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Sec. 10.4.6. (Park Fee as Additional Requirement) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

• A. Notwithstanding any other provision contained in this Division (Park Fees & Dedications) , new dwelling units which are rented or sold to very low income households, low income households, or moderate income households shall receive an affordable housing exemption from the park fee and land dedication requirement, subject to the following:

  1. A restricted afordable unit shall receive an exemption from the requirement for dedication of land for park and recreational purposes or payment of the park fee if the restricted afordable unit is affordable to a household at or below 120 percent of AMi.

  2. in projects with a mix of market-rate and restricted afordable units, only the restricted afordable units shall receive this exemption.

• B. For any restricted afordable unit qualifying for an exemption, a covenant acceptable to the los Angeles Housing Department shall be recorded with the los Angeles county recorder, guaranteeing that the affordability criteria will be observed for at least 55 years from the issuance of the certifcate of Occupancy, or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage assistance program, or rental subsidy program.

• C. the los Angeles Housing Department shall evaluate the project to ensure it meets the above requirements and shall advise the Department of recreation and Parks and the Department of city Planning about whether the project meets those requirements.

• D. Should any qualifying restricted afordable unit cease to operate as a qualifying restricted afordable unit before the 55-year period has expired, lAHD shall notify the Department of recreation and Parks, and the parks fee for each said dwelling unit shall be paid to the city at the then-current rate.

Sec. 10.4.7. (Affordable Housing Exemption) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

A. Public Land Dedication or Improvement to Dedicated Land

1. Public Land Dedication

in lieu of paying the park fee or any portion of the park fee, land may be dedicated to the city of los Angeles for public park and recreational purposes, at the city's option. this may be with or without recreational facility improvements. the amount of land to be dedicated shall be determined pursuant to one of the following formulas, and credit shall be granted, square foot for square foot, for any land dedicated to the city:

a. Subdivision Projects:

lD = (HU x P) x F1

lD: land to be dedicated in acres.

HU: total number of net new, non-exempt, pursuant to Sec. 10.4.3.C. (Exemptions) , dwelling units.

P: Average number of people per occupied dwelling unit as determined by the most recent version of the U.S. census for the city of los Angeles.

F1: Park service factor for subdivision projects, as indicated by the Department of recreation and Parks rate and fee schedule.

b. Non-Subdivision Projects:

lD = (HU x P) x F2

lD: land to be dedicated in acres.

HU: total number of net new, non-exempt, pursuant to Sec. 10.4.3.C. (Exemptions) , dwelling units.

P: Average number of people per occupied dwelling unit as determined by the most recent version of the U.S. census for the city of los Angeles.

F2: Park service factor for non-subdivision projects, as indicated by the Department of recreation and Parks rate and fee schedule.

2. Improvement to Dedicated Land

in lieu of paying the park fee or dedication of land, or any portion thereof, the city may permit improvements to be made to dedicated city parkland, or land being dedicated as a city park or recreational facility.

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Sec. 10.4.8. (Credits) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

3. General

• a. the total amount of credits shall not exceed 100 percent of the calculated requirement for the park fee or land dedication.

• b. credit shall be granted for the property dedicated pursuant to this Division (Park Fees & Dedications) , dollar for dollar, in satisfaction of any park fee required to be paid. the cost and subsequent credit should bear a reasonable relationship to an independent assessment of the construction cost for the facility, such as the estimates provided by rSMeans Building construction cost Data or similar measure. credits may be awarded for on-site or off-site land dedication or park improvements.

ons)_ , dollar for dollar, in satisfaction of any park fee required to be paid. the cost and subsequent credit should bear a reasonable relationship to an independent assessment of the construction cost for the facility, such as the estimates provided by rSMeans Building construction cost Data or similar measure. credits may be awarded for on-site or off-site land dedication or park improvements.

• c. the Department of recreation and Parks shall determine whether the proposal complies with the Department's park and recreational standards and requirements. if the Department determines the proposal meets the Department's standards and requirements, the General Manager of the Department of recreation and Parks shall prepare a report to the Board of recreation and Parks commissioners regarding the proposed dedication or improvement. the Board of recreation and Parks commissioners may accept or decline the dedication of land, new park and recreational facility, or improvement to existing park and facilities.

• d. if the dedication or improvement is accepted by the Board of recreation and Parks commissioners in lieu of the park fee or dedication of land, or any portion thereof, the city shall reduce or waive the fee, or dedication of land, or any portion thereof, upon dedication of the property or guarantee of the improvement. the guarantee of the improvement shall be to the satisfaction of the Department of recreation and Parks and shall be by a deposit with the Department of recreation and Parks of an irrevocable deposit instrument issued by a bank, savings and loan association or other depository whose deposits are insured by an instrumentality of the federal government. the deposit shall be fully insured by such instrumentality. the deposit instrument shall be in a form that permits collection by the city of los Angeles at maturity without further consent of any other party.

B. Privately Owned Park & Recreational Facilities

1. Where facilities for park and recreational purposes are provided in a proposed residential development and such facilities will be privately owned and maintained by the future owners of the development, the areas occupied by such facilities shall be partially credited against the requirement of dedication of land for park and recreational purposes or the payment of a park fee thereof, provided that all the following standards are met to the satisfaction of the Department of recreation and Parks:

   • a. that each facility is available for use by all the residents of the residential development;

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Sec. 10.4.8. (Credits) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

• b. that the area and the facilities satisfy the recreation and park needs of the residential development so as to reduce the need for public recreation and park facilities to serve the project residents.

2. the amount of credits for non-publicly accessible park and recreational facilities shall not exceed 35 percent of the calculated requirement for the park and recreation impact fee or dedication of land. credits may be awarded for on-site or off-site private facilities.

3. the amount of credits for publicly accessible, privately owned and maintained park and recreational facilities shall not exceed 100 percent of the calculated requirement for the park and recreation impact fee or dedication of land. credits may be awarded for on-site or off-site private facilities.

4. Private park and recreational facilities shall include a variety of active and passive amenities, as determined by the Department of recreation and Parks.

5. credit shall be granted, dollar for dollar, for any recreational and park impact fees required to be paid for the property pursuant to this Division (Park Fees & Dedications) , as determined by the Department of recreation and Parks. the cost and subsequent credit should bear a reasonable relationship to an independent assessment of the construction cost for the facility, such as the estimates provided by rSMeans Building construction cost Data or similar.

6. credits shall not be given for any lot amenity space or residential amenity space required to be maintained by this Zoning code (chapter 1A), Specifc Plan, or any other planning document, with the exception of public amenity spaces provided in accordance with Sec. 2C.3.3.C.3. (Public Amenity Space) .

7. the granting of credits shall also be subject to all the following:

   • a. the private ownership and maintenance of the facilities shall be adequately provided for by written agreements;

   • b. the use of the private facilities, whether publicly accessible or non-publicly accessible, is restricted for park and recreational purposes by recorded covenants acceptable to the Department of recreation and Parks that run with the land and that cannot be defeated or eliminated without the consent of the city council;

   • c. the proposed facilities are 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 open space land;

   • d. the proposed non-public facilities are available for use by all the residents of the proposed residential development;

   • e. Any proposed publicly accessible, privately owned and maintained park and recreational facilities are accessible for use by the general public with no discrimination between residents and non-residents, are open at hours comparable to those of city parks and facilities, and have appropriate signage indicating that the space is public; and

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Sec. 10.4.8. (Credits) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

• f. the facilities are in substantial accordance with, and meet the policies and standards for, the development of park and recreational facilities.

c. Dwelling Unit Construction Tax Credit

A credit shall be allowed whenever a dwelling unit construction tax previously has been paid pursuant to Chapter II. (Licenses, Permits, Business Regulations), Sec. 21.10.3. (Dwelling Unit Construction Tax) of this code for dwelling units constructed on land for which a fee is required to be paid in accordance with the provisions of this Division (Park Fees & Dedications) . Said credit shall be equal to the amount of the tax previously paid, but shall not exceed the amount of any fee required to be paid under the provisions of this Division (Park Fees & Dedications) .

D. Credit Request Timing

the project applicant shall submit any requests for credit, and the Department of recreation and Parks may only approve such requests, prior to the approval of the fnal tract map or prior to the date of final inspection, or the date of the certifcate of Occupancy, whichever is earliest and applicable, and prior to any dedication of land or payment of any park fee.

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Sec. 10.4.8. (Credits) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

A. Park Fee Account

the city of los Angeles establishes a separate park and recreation fee trust fund account ("account") to which any park fee collected by the city shall be posted. the funds of the account shall not be commingled with any other funds or revenues of the city. Any interest accrued by the account shall be used solely for the purposes of park and recreational facility acquisition, addition, and improvement.

B. Park Fee Accounting

Within 180 days after the last day of each fiscal year, the Department of recreation and Parks shall report to the Board of commissioners of recreation and Parks on the amount of the fee income (including interest income), expenditures, status of the trust fund account, and interfund transfers. the Department of recreation and Parks shall also report on each of the park and recreational facilities on which fees were committed in the last fiscal year and the approximate date by which the construction of the park and recreational facilities will commence. the city shall maintain accounts and prepare reports in accordance with California Government Code, Title 7. (Planning and Land Use), Sec. 66001 .

c. Refund of Fees Under the California Government Code

1. Park fees collected pursuant to this Division (Park Fees & Dedications) shall be committed by the city within five years of receipt of payment for a residential project to serve or benefit residents of the project for which the fees were collected.

2. if the fees are not committed as specified in this Division (Park Fees & Dedications) , Quimby fees shall be refunded in accordance with California Government Code, Title 7. (Planning and Land Use), Sec. 66477 . All other park fees shall be refunded in accordance with California Government Code, Title 7. (Planning and Land Use), Sec. 66001 .

D. Other Refunds

in the event that an applicant requests a refund for reasons not set forth in California Government Code, Title 7. (Planning and Land Use), Sec. 66001. or California Government Code, Title 7. (Planning and Land Use), Sec. 66477. , the applicant shall submit a claim for a refund with the Department of recreation and Parks. Upon the Department of recreation and Park's determination, the fee payer may receive a refund, without interest, of the fees paid pursuant to this Division (Park Fees & Dedications) ; however, the portion of any fee revenue received by the city as reimbursement of its costs in administering the provisions of this Division (Park Fees & Dedications) shall not be refunded. the fee payer shall submit an application for a refund to the city within one year of payment. Failure to timely submit the required application for refund shall constitute an absolute waiver of any right to the refund.

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Sec. 10.4.9. (Park Fee Account & Accounting) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Streets & Parks | Article 10 Div. 10.4. (Parks Fees & Dedications)

City of Los Angeles Zoning Code Chapter 1A

• A. the dedicated lands or park fees collected pursuant to this Division (Park Fees & Dedications) shall be used for the acquisition, improvement, and expansion of public parks and recreational facilities. the fees shall be committed and expended in accordance with the provisions and procedures established in this Division (Park Fees & Dedications) . the park fee may be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by, or on behalf of, the city to finance such park and recreational facility improvements; and any administrative costs incurred by the city in accordance with this Division (Park Fees & Dedications) .

• B. interest accrued on Quimby in-lieu fees collected pursuant to this Division (Park Fees & Dedications) may be applied outside the project development for which the original fees were collected, provided that the Department of recreation and Parks holds a public hearing prior to committing the interest, and uses the interest to develop new or rehabilitate existing neighborhood or community parks or recreational facilities within the city. All such public parks and recreational facilities shall comply with the principles and standards set forth in the General Plan.

• C. the park or recreational facilities acquired, improved or expanded shall be publicly accessible and serve or benefit the project that dedicated the land or paid the fees.

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Sec. 10.4.10. (Use of Park Fees or Lands Dedicated) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025