Taft Municipal Code Ch. 11 Quimby Act

The purpose of this chapter is to provide the city with the authority to require developers of subdivisions of land, for residential uses, to dedicate land or pay fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approval of a tentative map filed after thirty (30) days of the adoption of this chapter and to provide definite standards for determining the proportion of a subdivision to be dedicated and the amount of any fee to be paid in lieu thereof. The park and recreational purposes for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the open space and conservation element of the city’s general plan within the territorial boundaries of the city, subject to the provisions of section 66477 et seq., of the Map Act, and with any amendments adopted thereto by the city from time to time. (Ord. 839-20, 10-20-2020)

BOARD: The park trust fund board; members comprised of both the city council of the city of Taft and board members of the West Side Park and Recreation District.

CITY: The City of Taft.

COUNCIL: The City Council of the City of Taft.

DISTRICT: The West Side Recreation and Park District.

DWELLING UNIT: A structure designed for residential occupancy. For the purposes of this section, the number of dwelling units created by a land division shall be as follows: one dwelling unit per lot created in a single-family residential zone, one dwelling per unit approved in a multi-family residential zone; and where the number of units to be built in a multi-family residential zone is unknown, the maximum number of dwelling units allowed under that zone district. For a condominium project, the number of dwelling units created shall be the number of condominium units approved.

PARK: A parcel or parcels of land, exclusive of natural open space, which is open and available for use by the general public and which serves the recreational needs of the public.

PARKS AND RECREATION PLAN: A plan for park and recreational facilities adopted by the city of Taft or as adopted by the West Side Recreation and Park District which describes current and planned facilities and services. (Ord. 839-20, 10-20-2020)

(A) This section shall not apply to the following land divisions:

1. Commercial or industrial;

2. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old and no new dwelling units area added; and

3. Subdivisions containing less than five (5) parcels and not used for residential purposes; provided, however, that a condition of approval shall be placed on those maps that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four (4) years, the fee may be required to be paid by the owner of each parcel as a condition to issuance of such permit. (Ord. 839-20, 10-20-2020)

(A) Prior to requiring a subdivider to dedicate land or pay a fee, or a combination of both, either the City or the District shall have adopted a parks and recreation plan which shall be used to plan and direct park and recreation services within the boundaries of the city.

(B) The City or the District may amend an approved parks and recreation plan at any time to reflect the needs of the City or the District when there are pertinent changes in the City’s boundaries or when a proposed subdivision is of such size as to require modification of an existing parks and recreation plan.

(C) A parks and recreation plan shall contain an applicable statement of goals, policies, programs, standards, and proposed location and development or rehabilitation of recreational facilities and services such as natural reservations, parks, parkways, playgrounds, recreational community gardens, and other recreational areas. (Ord. 839-20, 10-20-2020)

(A) Whenever a tentative map, which is subject to the provisions of this chapter, is submitted to the city, it shall be accompanied by a written statement from the subdivider stating whether the subdivider intends to dedicate land, pay fees in lieu thereof, or a combination of both for park and recreational purposes. Should the subdivider intend to dedicate land for this purpose, consultation with the board as to the appropriateness of the area to be dedicated shall be determined prior to its being shown on the tentative map being submitted.

(B) The conditions of approval of a tentative map, subject to the provisions of this chapter, shall require the dedication of land, the payment of fees in lieu thereof, or a combination of both for park and recreational purposes to serve the future inhabitants of the subdivision. If the land is to be dedicated, the proposed dedication shall be shown on the approved tentative map. If fees are to be paid, the provisions of subsection 10-11-6(K) of this chapter shall apply.

(C) The amount and location of land to be dedicated and/or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the proposed subdivision.

(D) All land dedicated, fees paid, or a combination of both, are to be used for the purpose of purchase of land or developing and/or rehabilitating existing neighborhood or community park and recreational facilities that serve the residents of the subdivision.

(E) The amount of property to be dedicated and the amount of any fees to be paid shall be as set forth in section 10-11-7 of this chapter.

(F) Whenever subsequent development occurs on property for which fees have been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units which were not subject to a prior fee or dedication requirement.

(G) Land shall be conveyed in a fee simple to either the City or the District, whichever may apply, as may be determined by the Board, free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the City or District agrees to accept. All deeds shall be delivered to the City or the District before approval of the final map. If the final map is disapproved, or if it is withdrawn by the subdivider, the deeds shall be returned to the subdivider. If the final map is approved, the deeds shall be recorded by the City or the District at the time the final map is recorded. No deed for dedication of land shall be accepted unless it is accompanied by a policy of title insurance, secured by the subdivider, in an amount equal to the value of the land dedicated.

(H) Whenever land has been conveyed or fees have been paid and no final map is recorded or, if recorded, is reverted to acreage, the city or district, whichever may apply, shall, at its option, either reconvey all land dedicated to it, repay all fees paid without interest, allow the developer a credit for any land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other arrangements agreeable to both the Board and the subdivider.

(I) Land which has been dedicated and accepted may be sold by the City or District, whichever may apply, if the subdivider has not begun substantial construction on the subdivision and the Board determines that another site would be more suitable for a park or recreational facilities. The proceeds from the sale of the land must then be used for the purchase of the more suitable site.

(J) Where a proposed subdivision lies within an unincorporated area, but application has been made to annex said land into the city, the subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, in accordance with the provisions of this chapter.

(K) Whenever fees are to be paid, the fees shall be paid at such time as agreed upon by the subdivider and the City or District, whichever may apply, through the conditions of approval of the tentative map. Payment may be required prior to recordation of the final map if the fees are to reimburse the City or the District for expenditures previously made or if the City or District determines that the fees will be collected for park and recreation facilities for which an account has been established and funds appropriated and for which the City or the District has adopted a proposed construction schedule or plan. Payment may be deferred to the date of the issuance of building permits, or the date of final inspection or the date the certificate of occupancy is issued, whichever occurs last. If the payment of fees is deferred, the City or District may determine whether the fees shall be paid on a pro rata basis for each dwelling unit when it received its final inspection or certificate of occupancy, on a pro rata basis when certain percentages of the dwelling units have received their final inspections or certificates of occupancy, or on a lump sum basis when the last dwelling in the development receives its final inspection or certificate of occupancy.

(L) Whenever fees are paid pursuant to this chapter, the City or the District, whichever may apply, shall deposit them into a separate subdivision park trust fund.

(M) All fees paid shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park and recreational facilities to serve the residents of the subdivision. The development of new park and recreational facilities includes, but is not limited to, the acquisition of land for neighborhood or community parks for recreational purposes.

(N) Fees paid pursuant to this chapter shall be expended for use only within the boundaries of the city and as specified herein and the City and District shall maintain appropriate records to reflect such expenditures; except as provided in subsection (J) of this section.

(O) All fees collected pursuant to this chapter shall be committed by the city or the district, whichever may apply, for a specific project to serve residents of the subdivision in a budgetary year either within five (5) years of receipt of said fees or five (5) years after the issuance of building permits on one-half (½) of the lots created by the subdivision, whichever occurs later. If the fees are not so committed, the fees received shall be distributed to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision. (Ord. 839-20, 10-20-2020)

(A) Whether the conditions of approval for a land division shall require the dedication of land, the payment of fees, or both, shall be based on the following:

1. The natural features of the area; topography; geology; available access; the location; size and shape of the subdivision; the land available for dedication; the feasibility of dedication; the location of existing and proposed park sites and trailways; suitability for patrol, supervision and maintenance; and the compatibility of dedication with the City’s general plan and other plans pertaining to parks and recreation adopted by the City or the District.

2. For subdivisions containing fifty (50) parcels or less, only the payment of fees may be required, however, nothing in this section shall prevent the city or the district from accepting the voluntary dedication of land by a subdivider for a subdivision containing less than fifty (50) parcels if the dedication meets the other requirements of this chapter.

3. Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.

(B) The average number of persons per unit (density) for calculating the amount of land to be dedicated or the amount of fee to be paid, or a combination of both, shall be calculated by the most recent available federal census data.

(C) The amount of land to be dedicated shall be based on the number of units in the subdivision multiplied by the number of persons per dwelling (as determined pursuant to subsection (B) of this section) multiplied by five (5) acres per one thousand (1,000) city inhabitants (section 66477 of the subdivision map act):

1. Whenever land is dedicated, the subdivider shall, without credit, provide the following for the benefit of the land dedicated:

(a) Completion of street improvements and utility connections including, but not limited to, street paving, curbs, gutters, sidewalks, and any required relocation of existing public utility facilities, traffic control devices, street trees, to the dedicated land;

(b) Fencing, if required, along the property lines of the subdivision which are contiguous to the park;

(c) Provision of minimal physical improvements, not including recreational facilities, building, or equipment, which the City determines necessary for acceptance of the land for park and recreational purposes;

(d) Provision of access from the park and/or recreational facilities to an existing or proposed public street, unless the City determines that such access is unnecessary for maintenance of the park area or use of the park by the residents of the area;

(e) Improvements of water, sewer, grading and drainage in addition to those grading, drainage, irrigation and planting improvements required under other City ordinances, resolutions, or development standards. All land to be dedicated and improvements to be made shall be approved by the City as part of the conditions of approval of any subdivision;

(f) All grading plans for land to be dedicated shall be reviewed and approved by the City Engineer for conformance with the City’s development standards, resolutions, and ordinances. No grading, drainage, irrigation, planting, street or utility improvements required under this section shall be eligible for a credit against the land to be dedicated or fees paid under the provisions of this chapter.

(D) In the case where a subdivider is to pay an in-lieu fee, that fee shall be calculated as follows:

1. The amount of land to be dedicated, as computed in subsection (C) of this section shall be multiplied by the fair market value (as set forth in subsection (D)3 of this section). The resultant figure will equate to the in-lieu fee to be paid.

2. Whenever a fee is to be paid in lieu of the dedication of land, the following provisions of subsection below shall apply.

3. The per acre fair market value of the land within the subdivision which would otherwise be required to be dedicated shall be based on the zoning of the property contemplated under the development of highest and best use proposed. The fair market value shall be determined and agreed to by the City or the District, whichever may apply, and the subdivider. However, if an agreement on the fair market value cannot be reached, the subdivider may, at his or her own expense, obtain an appraisal of the property. If the City or the District does not accept the subdivider’s appraisal, the fair market value shall be determined by the City or District after consultation with the Kern County assessor’s office.

4. The subdivider may receive a credit against the payment of fees or the dedication of land as follows:

(a) Common interest developments, as defined in section 1351 of the Civil Code, shall be eligible to receive a credit, as determined by the Board, against the amount of land required to be dedicated or the amount of the fee imposed, pursuant to this chapter, for the value of private open space within the development which is usable for active recreational uses.

(b) A credit may be given against the requirement for the payment of fees or the dedication of land required by this chapter for the reasonable value of park and recreation improvements, including any equipment, provided by the subdivider to the dedicated land. The amount of the credit shall be determined prior to the approval or conditional approval of the tentative map. The granting of a credit shall be made by the City or the District, whichever may apply, and shall be based on an approved set of improvement plans. However, the City or District reserves the right to require in-lieu fees if it finds the improvements unacceptable.

(c) A credit may be given where private areas for park and recreational purposes are provided in a subdivision and such areas are for active recreational uses, to be privately owned and maintained in common by the future owner(s) of the development. Such areas may be credited against up to fifty percent (50%) of the requirement of land dedication or fees at the discretion of the City or the District, whichever may apply; provided, that the City or District determines that it is in the public interest to grant such credits and that all of the following standards either have been or will be met prior to approval of the final map or development permit:

(1) That yards, court areas, setbacks, and other open space areas, as may be required by title VI (zoning regulations) of this code, the building code and other regulations, shall not be included in the computation of such private areas;

(2) Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions;

(3) That the use of the private area is restricted for park and recreational purposes by an open space easement or other instrument; and

(4) That the proposed private area is reasonably adaptable for use of park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.

(5) “Active recreational uses” means, for the purposes of this chapter, recreation facilities occurring on usable level land (four percent (4%) maximum slope) in a planned development which are designed to provide individual or group activities of an active nature including, but not limited to, open lawn, sports fields, court games, swimming pools, children’s play areas, picnic areas, golf courses, and recreational community gardening. Active recreational uses do not include natural open space, nature study areas, open space for buffer areas, steep slopes, or scenic overlooks. Credits for areas within watercourses or drainage areas may be granted only if:

A. Such areas are suitable for active recreational use;

B. Such areas will actually be used for active recreation; and

C. The proposed type of active recreational use to be located within such areas is allowed or otherwise permitted by the City’s general plan or other plan adopted by the City or District for parks and recreational facilities.

(6) Notwithstanding the fifty percent (50%) limitation as set forth above, a private open space credit in excess of fifty percent (50%) of the requirement of land dedication or fees payment may be granted by the City or District, whichever may apply, provided that the proposed recreational use is cited in the City’s general plan or other plan adopted by the City or District for parks and recreational facilities. (Ord. 839-20, 10-20-2020)

In matters relating to the acceptance of or rejection of offers of dedication as applicable to this chapter, the provisions of section 66477.1 of the Map Act shall apply. (Ord. 839-20, 10-20-2020)

In matters relating to rejected offers to remain open and conditions of termination of rejected offers, the provisions of section 66477.2 of the Map Act shall apply. (Ord. 839-20, 10-20-2020)

(A) The City and the District shall maintain a separate account for all land dedications and fee payments received pursuant to this chapter and shall prepare an annual report for each account. The annual reports shall be prepared no later than ninety (90) days after the fiscal year in which the City and the District ends. The reports shall include each of the following:

1. The land dedications and fee payments received, the balance of the account, and the facilities purchased, leased or constructed during the fiscal year;

2. Documentation in support of and justification for the land dedications, fee payments, fee expenditures and any change in the fee account balance;

3. Information describing any changes in boundaries, service area, plan goals, policies, standards, as well as, any changes in park and recreation facility inventory; and

4. A schedule of how, when and where the City or District intends to use the land dedicated or fees paid, or both, to develop park or recreational facilities to serve the residents of the subdivisions and the anticipated starting dates for the development of the park and recreation facilities. The starting dates shall be reasonable with respect to the need for such parks and facilities, weather constraints, the need to minimize the disruption of the neighborhood, the amount of land and fees received, and the anticipated availability of funds for the operation and maintenance of the parks and facilities which are constructed. (Ord. 839-20, 10-20-2020)