Manteca Municipal Code Ch. 3.21 Park Dedication and in-Lieu Fees

The city council hereby finds and declares that:

A. The public interest, convenience, health, welfare and safety require that new residential subdivision developments provide park land to serve the subdivision.

B. The standards set forth in this chapter are consistent with the general plan of the city.

(Ord. O2026-13, 9/1/2026)

This chapter is enacted pursuant to Section 66477 of the Subdivision Map Act[1] ("Quimby Act") and the general police power of the city of Manteca. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are consistent with the recreation element of the city's general plan.

(Ord. O2026-13, 9/1/2026)

[1]

Editor's note: See California Government Code Section 66477.

A. Dedication of Park Land. As a condition of approval of a tentative or final subdivision map or parcel map, the subdivider shall dedicate land for park or recreational purposes, pay a fee for such purposes, or both, according to the standards and formulas contained in this chapter and as established by city council resolution.

B. Purpose of Land Dedication. Land dedicated to the city for park or recreational purposes shall advance the goals and objectives of the recreation element of the general plan and be improved to all applicable local, state, and federal standards.

C. Amount and Standard for Parkland Dedication. The city council shall, by resolution, establish the requirement for parkland dedication in accordance with the following standards:

1. The amount of land dedicated shall be determined on the basis of the approved or conditionally approved tentative map or parcel map and the average number of persons per household and shall be subject to the following. There shall be a rebuttable presumption that the average number of persons per household by units in a structure is the same as that disclosed by the most recent available federal census or a census taken pursuant to Government Code Section 40200 et seq., at the time the standard is adopted.

2. The requirement for dedication of land, or the payment of fees, or both, shall not exceed the proportionate amount necessary to provide three acres of park area per one thousand persons residing within a subdivision subject to this section, unless the amount of existing neighborhood and community park area, as calculated pursuant to this subdivision at the time the standard is adopted by city council resolution, exceeds that limit, in which case the city council may adopt the calculated amount as a higher standard not to exceed five acres per one thousand persons residing within a subdivision subject to this chapter.

3. The park area per one thousand members of the population of the city, county, or local public agency shall be derived from the ratio that the amount of neighborhood and community park acreage bears to the total population of the city, county, or local public agency as shown in the most recent available federal census at the time the standard is adopted. The amount of neighborhood and community park acreage shall be the actual acreage of existing neighborhood and community parks of the city, county, or local public agency as shown on its records, plans, recreational element, maps, or reports as of the date of the most recent available federal census at the time the standard is adopted.

4. The requirement for dedication of land, or the payment of fees, or both, shall not exceed the limits prescribed by the Quimby Act, as it may be updated from time to time.

D. Amount of Fee Required. Where a fee is required or proposed to be paid in lieu of land dedication, the amount of the fee shall be established by city council resolution and shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated. Once adopted, the fee may be modified automatically on an annual basis on July 1, in accordance with the change in the Engineering News-Record ("ENR") Construction Cost Index for the San Francisco area. This adjustment shall not require any action of the city council.

(Ord. O2026-13, 9/1/2026)

A. Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

1. Subdivider.

a. At the time of filing a tentative map for approval, the owner of the property shall, as a part of the filing, indicate whether the owner desires to dedicate property for park and recreational purposes or desires to pay a fee in lieu of dedication.

b. If the owner desires to dedicate land for this purpose, the owner, with the concurrence of the parks planning and development manager, or the city manager's designee, shall designate the area on the tentative map as filed.

2. Action of City. If dedication of land is proposed, the tentative map will be referred to the city council for approval, conditional approval or denial. The city council shall consider the land dedication as part of the public hearing on the tentative map and shall determine whether to require a dedication of land within the subdivision, payment of a fee in lieu of dedication, or a combination of both.

3. Prerequisites for Approval of Final Map.

a. Where dedication is required, it shall be accomplished in compliance with Government Code Section 66477.

b. Where fees are required, the same shall be deposited with the city before building permit issuance, unless otherwise required by law.

c. Open space covenants for private park or recreational facilities shall be submitted to the city before approval of the final map and shall be recorded concurrently with the final map.

B. Determination.

1. Whether the city council accepts the land dedication or elects to require the payment of a fee in lieu of dedication, or a combination of both, shall be determined by consideration of the following factors:

a. The compatibility of the land dedication with the general plan and the city's adopted Parks and Recreation Master Plan;

b. The natural features, access, and location of land in the subdivision available for dedication;

c. Utility locations and storm drainage capacity as they relate to park impacts;

d. The size and shape of the subdivision and land available for dedication;

e. The feasibility of dedication;

f. The location of and proximity to existing and proposed park sites and trailways; and

g. Whether the land proposed for dedication is located in the floodplain.

2. The determination of the city council as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

3. On subdivisions involving fifty parcels or fewer, only the payment of fees shall be required; however, land may be accepted upon agreement of the subdivider and the city council.

a. This limitation does not apply to condominium projects, stock cooperative, or community apartment projects, as those terms are defined in the Civil Code Sections 4105, 4125, and 4190, when such projects exceed fifty dwelling units even though the number of parcels may be less than fifty.

C. Requirements for Dedicated Land. The subdivider shall, without credit:

1. Provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this section;

2. Provide for fencing/masonry walls along the property line of that portion of the subdivision contiguous to the dedicated land;

3. Provide improved drainage through the dedicated land; and

4. Provide other minimal improvements including, but not limited to removal of debris, clearing of the site and temporary hydro-seeding, which the Parks Director determines to be essential to the acceptance of the land for recreational purposes.

D. The location, size and configuration of the land to be dedicated and the improvements to be made pursuant to this section shall be reviewed and approved by the parks planning and development manager. The dedication of land and/or facilities will only be accepted in lieu of payment of the fees required by this chapter if the land and facilities meet current standards and specifications for landscape development. Any dedicated park land must include a minimum of twenty-five percent of the land located upland of the remaining dedicated acreage and not located in a floodplain. Additionally, any dedicated park land must include a minimum of one acre of land located upland of the remaining dedicated acreage and not located in a floodplain.

E. Limitations on the Use of Land and Fees. Unless otherwise authorized by Government Code Section 66477, the land and fees received in compliance with this section shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received, and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

(Ord. O2026-13, 9/1/2026)

Common interest developments, as defined in the Civil Code Section 4100, shall be eligible to receive a credit, as determined by the legislative body, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses.

(Ord. O2026-13, 9/1/2026)

A. Fees determined pursuant to Section 3.21.030D and by city council resolution shall be paid to the city and shall be deposited into the park dedication in-lieu fee fund, which is a successor fund to the neighborhood park in-lieu fee fund. Money in the fund, including accrued interest, shall be expended solely for acquisition, development, or rehabilitation of park land, or improvements related thereto.

B. The city shall develop and maintain a schedule specifying where, when and how it will use the dedicated land, in-lieu fees or both to develop park and recreational facilities to serve the residents of the subdivision.

C. Collected fees shall be committed within five years of receipt of payments or within five years after the issuance of building permits on one half of the lots created by the subdivision, whichever occurs later.

(Ord. O2026-13, 9/1/2026)

The following are exempted from the provisions of this chapter:

A. Subdivisions containing four or fewer parcels or lots that are not used for residential purposes; provided, however, that a condition shall be placed on the approval of such tentative map that if a building permit is requested for construction of a residential structure or dwelling units on one or more of the parcels or lots within four years, the in-lieu fee shall be required to be paid by the property owner of each such parcel or lot, as a condition to the issuance of such permit;

B. Commercial or industrial subdivision development projects;

C. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old and no new dwelling units are added.

(Ord. O2026-13, 9/1/2026)

A. The value of any park and recreational improvements to the dedicated land shall be credited against the fees and/or dedication of land required by this chapter provided that:

1. The subdivider shall apply to the parks planning and development manager for permission to construct such improvements;

2. If permission is granted, the parks planning and development manager, in consultation with the engineering department, shall determine the appropriate credit. The credit to be provided shall be equal to the amounts listed in the parks impact fee project list, as defined in Section 3.20.030 of the Manteca Municipal Code, for the type and amount of facilities provided, unless the land or facilities is not included on the parks impact fee project list, in which case the parks planning and development manager shall determine the amount of the credit based on the city's costs to acquire the dedicated land or construct the dedicated facilities.

3. No credit for park and recreation facilities or improvements shall be provided pursuant to this section if the project is also subject to the park acquisition and improvement fee set forth in Chapter 3.20 of the Manteca Municipal Code. If the project is subject to the park acquisition and improvement fee, any credit will be provided against that fee obligation pursuant to Section 3.20.110.

B. Any construction of park improvements proposed by the subdivider shall comply with the guidelines set forth in the Standards and Specifications for Landscape Development.

(Ord. O2026-13, 9/1/2026)

All land offered for dedication for public park or recreational purposes, shall have access to at least one existing or proposed public street. This requirement may be waived by the city council if the city council determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents.

(Ord. O2026-13, 9/1/2026)

Except as expressly prohibited by Section 66477 of the Subdivision Map Act,[1] the terms and procedures contained in this chapter may be waived or modified by a development agreement adopted pursuant to the California Government Code Section 65864 et seq.

(Ord. O2026-13, 9/1/2026)

[1]

Editor's note: See California Government Code Section 66477.

Any person subject to a dedication requirement or fee in lieu thereof, as required by this chapter, may apply to the parks planning and development manager, or the city manager's designee, for a reduction, adjustment or waiver of that dedication requirement or in lieu fee based upon the applicant's contention that: (1) the amount of the requirement or fee is not reasonably related to the impacts of the applicant's development project on park and recreation facilities; (2) the dedication requirement or fee is not roughly proportionate to the development's impact on the need for park and recreation facilities; and/or (3) the dedication requirement or fee requires the developer to pay more than is necessary to address the impacts of the new development on park and recreation facilities. The applicant shall follow the process for applying for an adjustment set forth in Section 3.20.090 of the Manteca Municipal Code. The deadline for filing an application shall run from the city's determination of the land required for dedication or fees required in lieu thereof.

(Ord. O2026-13, 9/1/2026)