Chapter 19.42 — 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 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 map or tentative parcel map for certain subdivisions.

(Ord. 780 § 2, 1996)

The dedication of land for park facilities shall be required by the subdivision committee incident to and as a condition of the approval of a tentative map or tentative parcel map for a subdivision if the subdivision contains fifty-one or more separate lots or parcels, or consists of a condominium project

containing fifty-one or more dwelling units, excepting therefrom any condominium project created by the conversion to a condominium of an existing multifamilyresidential 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 suitably 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. 780 § 2, 1996)

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. 780 § 2, 1996)

• 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 three acres per one thousand 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 Section 40200 ); multiplied by

  3. Three thousandths of an acre (.003 acre) per person.

• 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. 780 § 2, 1996)

• 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 shall be reduced by an amount equal to twenty-five percent of the number of acres or fraction of an acre of such private open space set aside for such 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; 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. 780 § 2, 1996)

Where an application is filed for approval of a tentative map or a tentative parcel map for a subdivision which contains less than fifty-one lots or parcels, such subdivision, nevertheless, shall be deemed to contain fifty-one or more lots or parcels for purposes of land dedication requirements provided for by this chapter where the subdivision committee, 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 fifty-one 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 subdivision committee 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. 780 § 2, 1996)

When the subdivision committee 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 subdivision committee, 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:

• 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 which the subdivision committee determines are necessary in order to make the dedicated parkland suitable for development as a park facility.

• (Ord. 780 § 2, 1996)

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. 780 § 2, 1996)

• A. The subdivision committee 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 fifty 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 fifty dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty-one.

• B. For any subdivision containing more than fifty parcels, the subdivision committee 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 subdivision committee'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 19.42.040 , less the cost of improvements pursuant to Section 19.42.070 . 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 subdivision committee shall be based on the per acre value of the entire subdivision times the number of acres and any fraction thereof required to be dedicated pursuant to this chapter, plus the reasonable cost of improvements for an active park of the size which would have been required to be developed pursuant to this chapter. The value of the entire subdivision shall be determined by an appraiser mutually acceptable to the city and the subdivider. If the parties cannot agree on an appraiser then the city shall select an appraiser qualified to conduct such appraisal. Any appraiser selected pursuant to this section shall also determine the cost of improvements for an active park of the size which would have been required to be developed pursuant to this chapter. The subdivider shall be required to pay the appraiser's fee.

(Ord. 780 § 2, 1996)