FEE REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT REQUIRING A TENTATIVE MAP OR PARCEL MAP Section 8.26.010 Purpose and findings. 8.26.020 Authority. 8.26.030 Definitions. 8.26.040 Parkland dedication standard. 8.26.050 Parkland dedication and/or in-lieu fee requirements. 8.26.060 Formulas for calculating amount of parkland dedication and/or Quimby fees. 8.26.070 Public improvements on dedicated parkland. 8.26.080 Criteria for requiring combination of parkland dedication and Quimby fees. 8.26.090 Determination as to requirement for fee or dedication. 8.26.100 Procedure for making payment or dedication. 8.26.110 Procedure for merchant builders. 8.26.120 Time for constructing improvements and amenities. 8.26.130 Developments annexed to the city. 8.26.140 Exception for commercial and industrial developments.

(A) Purpose. This chapter is adopted to implement the provisions of the Quimby Act, which authorize a city to require the dedication of land for park or recreation facilities, or payment of fees in-lieu thereof (or a combination of both), incident to and as a condition of approval for a tentative map or parcel map. (1) The park and recreational facilities for which dedication of land and/or payment of a fee in-lieu thereof is required by this chapter are in accordance with the Open Space and Conservation Element of the General Plan of the city and shall supersede any previously adopted plan to the extent of any inconsistency. (2) The land, fees, or combination thereof that are dedicated pursuant to this chapter are to be used only for the purposes of developing new or rehabilitating existing pocket, neighborhood, community, or regional park or recreational facilities to serve the subdivision that prompts the dedication, and the amount and location of land to be dedicated or the fees to be paid will bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the subdivisions subject to this chapter. (B) Findings. The amount of existing park area in the city is currently below four acres of park area per 1,000 city residents. The enactment of this chapter prevents new residential development from significantly further reducing the quality and availability of public services provided to residents of the city by requiring new residential development to contribute to the cost of expanding the availability of park and recreational facilities and amenities in the city.

(Ord. 2023-07, passed 8-15-2023)

This chapter is enacted pursuant to the authority granted by the Quimby Act. (Ord. 2023-07, passed 8-15-2023)

For the purposes of this chapter, the terms and words identified below shall be defined as follows: AVERAGE NUMBER OF PERSONS PER DWELLING UNIT. Average number of persons per household in the city, based on the most recent data available in the form of the federal census. The most recent AVERAGE NUMBER OF PERSONS PER DWELLING UNIT may be reflected in a City Council resolution as determined by the Director, Community and Economic Development. CITY. The City of Tulare. DWELLING UNIT. Includes each single-family dwelling, multifamily dwelling, or each mobile home space designed to contain a mobile home trailer on a semi permanent or permanent basis. Single-family residential units, multifamily residential units, and mobile home units shall be defined according to the latest decennial U.S. or State of California Department of Finance census. LAND ACQUISITION COST PER ACRE. The estimated per acre value of vacant residential land costs in the city as determined by the City Council based upon receipt sale records or appraisal. The most recent LAND ACQUISITION COST PER ACRE may be reflected in a City Council resolution. If the subdivider objects to such a valuation, the subdivider, at its own expense, may obtain an appraisal of the property by a qualified appraiser approved by the city, whose appraisal may be accepted or rejected by the City Community and Economic Development Director. MERCHANT BUILDER. An individual, company, partnership, corporation, or similar entity that obtains land previously subdivided for the purpose of constructing new residential units upon the subdivided land. NUMBER OF DWELLING UNITS. The number of dwelling units as determined by the city based upon the number of units allowed pursuant to the standards of the city’s Zoning Code or as otherwise specified by the city on the property included in the subdivision at the time the tentative map or parcel map is filed for approval. PARK DEVELOPMENT AGREEMENT. An agreement entered pursuant to § 8.26.130 of this chapter. QUIMBY ACT. Cal. Gov’t Code § 66477, as amended from time to time, or any successor statute. QUIMBY FEES. Fees paid as a condition to the approval of a tentative map or parcel map pursuant to this chapter and the Quimby Act in lieu of dedicating land to the city for park and recreational purposes. RESIDENTIAL DEVELOPMENT. Any development that creates new or increases the number of existing dwelling units on a property. SUBDIVISION MAP ACT. Cal. Gov’t Code §§ 66410 et seq., as amended from time to time, or any successor statute. (Ord. 2023-07, passed 8-15-2023)

All standards for park dedication and improvement shall comply with the Quimby Act, the California Subdivision Map Act, the Parks Master Plan, and the Open Space and Conservation Element of the city’s General Plan. The dedication and improvement of land and/or Quimby fees for park or recreational purposes shall be at the rate of either three or four acres of park area (and/or Quimby fees) per 1,000 subdivision residents, with this amount determined by the existing service level at the time of application for a tentative map or parcel map. If the existing service level of park area at the time of subdivision application exceeds four acres per 1,000 residents, the rate will be four acres per 1,000 residents. However, the rate will be three acres per 1,000 residents if the existing service level of developed park area at the time of subdivision application is less than four acres per 1,000 residents. (Ord. 2023-07, passed 8-15-2023)

As a condition of approval of any tentative map or parcel map, the city shall require the dedication of land and/or improvements/amenities, or payment of a fee in-lieu thereof, or a combination of both, at the option of the city, for park or recreational purposes to serve the future residents of the subdivided property. (A) This requirement shall apply to all residential subdivisions, except those exempted by the Quimby Act. (B) Except as provided in division (C), below, if a proposed subdivision contains less than 50 parcels, the subdivider shall

not be required to dedicate any land for park and recreational purposes without his or her consent but may instead choose to pay a fee equivalent to the rate of four acres per 1,000 residents, in accordance with § 8.26.060(B), below. (C) When a condominium, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. Pursuant to Cal. Gov’t Code § 66477(e), these kinds of developments 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. (D) Notwithstanding the requirement in this section that fees be used to serve the subdivision for which the fees were paid, fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision for which fees were paid as a condition to the approval of a tentative map or parcel map is located, if all of the following conditions are met: (1) The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population. (2) The neighborhood in which the subdivision for which the fees were paid has a park area per 1,000 members of the neighborhood population that meets or exceeds the ratio calculated pursuant to this chapter. (3) The City Council holds a public hearing before using the fees pursuant to this chapter, and at that public hearing, makes a finding supported by evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the alternative neighborhood where the fees are spent. (4) The fees shall be used within the geographic boundaries of the city, so long as a reasonable relationship can be demonstrated between the location of the use of the fees and the subdivision for which the fees were paid. (5) The fees shall be used in a manner consistent with the Parks Master Plan and the Open Space and Conservation Element of the city’s General Plan, as well as any policy, standard, principle or guideline adopted in accordance therewith. (Ord. 2023-07, passed 8-15-2023)

(A) Formula for calculating the “dedication of land”. Where the requirements of this chapter are solely complied with on the basis of providing parkland, the minimum amount of land measured in acres to be provided shall be based on the existing level of service for developed park area per 1,000 residents as stipulated in § 8.26.040 of this chapter:

Number of Dwelling Units X Average Number of Persons per Dwelling Unit X .003 (3 Acres per 1,000 Residents)

Number of Acres to be Dedicated OR

Number of Dwelling Units X Average Number of Persons per Dwelling Unit X .004 (4 Acres per 1,000 Residents)

Number of Acres to be Dedicated

Whenever land is dedicated pursuant to this chapter, the subdivider shall provide the public improvements, as set forth in § 8.26.070 of this chapter. (B) Formula for calculating the fee amount “Quimby fees”. Where the requirements of this chapter are solely complied with on the basis of the payment of in-lieu fees, such fees shall be calculated, at either of the two ratios stipulated in § 8.26.040 of this chapter, on a per residential unit basis, as follows:

Number of Dwelling Units X Average Number of Persons per Dwelling Unit X .003 (3 Acres per 1,000 Residents) X Land Acquisition Cost per Acre

Total Quimby Fee OR

Number of Dwelling Units X Average Number of Persons per Dwelling Unit X .004 (4 Acres per 1,000 Residents) X Land Acquisition Cost per Acre

Total Quimby Fee

The Land Acquisition Cost per Acre amount of the Quimby fees may be adopted by resolution of the City Council. The Council may adopt and/or revise the fee amount as often as on an annual basis. (C) Formula for calculating a combination of dedicated land and Quimby fees. Where the requirements of this chapter are complied with by both the provision of parkland and payment of Quimby fees, the amount of the Quimby fees shall be computed by determining the required amount of parkland in accordance with the provisions of division (A) and subtracting

the amount of parkland actually provided. The remainder shall be converted to a fee in accordance with the provisions of division (B). (Ord. 2023-07, passed 8-15-2023)

The subdivider shall provide utility and full street improvements consistent with the Circulation Element of the adopted General Plan and the city’s subdivision regulations in Chapter 8.24 of the Tulare Municipal Code, including but not limited to curbs, gutters, sidewalks, street paving, sewer, water and drainage improvements. The full cost of such improvements shall be borne by the subdivider and shall not be deducted from or credited against any fees or other amounts due the city under this chapter or otherwise. The land to be dedicated and improvements to be made pursuant to this chapter shall be approved by the city. (Ord. 2023-07, passed 8-15-2023)

For subdivisions consisting of 50 or more units, the subdivider shall have the option to either dedicate land or pay Quimby fees or a combination of both on the following basis: (A) General Plan requirements. When only a portion of the subdivision is proposed for a future park site(s) in conformance with this chapter, such portion shall be dedicated to the city for park and recreational purposes pursuant to the dedication standards set forth in § 8.26.040, and any remaining parkland dedication requirements shall be satisfied through Quimby fees computed pursuant to §§ 8.26.060(A) and (B). If no parkland dedication is provided, the subdivider shall pay Quimby fees for the full three or four acres per 1,000 residents computed pursuant to § 8.26.060(C). (B) Remainder dedications. When a major portion of a park or recreational site/facility serving the proposed subdivision has already been acquired by the city, and only a portion of additional land is needed from the subdivision to complete the site/facility, such remaining portion shall be dedicated to the city pursuant to the standards set forth in § 8.26.040, and any remaining parkland dedication requirements shall be satisfied through Quimby fees computed pursuant to § 8.26.060(C). Such fees may be used for either the improvement of the existing park and recreational site/facility or for the improvement of other park and recreational sites/facilities serving the subdivision at the sole discretion of the city. (Ord. 2023-07, passed 8-15-2023)

(A) Whether the city accepts land dedication or elects to require payment of Quimby fees, or a combination of both, shall be determined by consideration of the following: (1) Reasonable relationship. That the amount and location of land to be dedicated 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 subdivision. (2) Compatibility. Compatibility of dedication with the Open Space and Conservation Element of the city’s General Plan and any policy, standard, principle or guideline adopted in accordance therewith. (3) Physical characteristics. Topography, geology, access, and location of land in the development available for dedication. (4) General suitability. Suitability for patrol, supervision, and maintenance. (5) Geographic dimensions. Size and shape of the development and land available for dedication. (6) Feasibility. The feasibility of dedication. (7) Alternative and additional parkland in the vicinity. Availability of previously acquired park property. (B) The determination of the Planning Commission upon the recommendation of the Community and Economic Development Director as to whether land shall be dedicated or whether Quimby fees shall be paid, or a combination of both, shall be based upon the above factors in the totality of the circumstances, and shall be final and conclusive, unless timely appealed to the City Council pursuant to § 10.20.020 “Appeal” of the Tulare Municipal Code. (Ord. 2023-07, passed 8-15-2023)

(A) Application by subdivider. At the time of filing a tentative map or parcel map application, the subdivider shall, as part of such filing, state in writing whether it desires to dedicate property for park and recreational purposes, or to pay Quimby fees, or a combination of both. If the subdivider desires to dedicate land for this purpose, the area shall be designated on the tentative tract map or parcel map as submitted. (B) Action of city. At the time of the tentative tract map or parcel map approval and in accordance with the criteria set

forth in this chapter, the Quimby Act, the California Subdivision Map Act, the Open Space and Conservation Element of the city’s General Plan and any policy, standard, principle or guideline adopted in accordance therewith, the City Community and Economic Development Director shall determine as part of such approval, whether to require a dedication of the land within the subdivision, payment of Quimby fees, or a combination of both, based upon the totality of circumstances. The conditions of approval of any applicable tentative map or a parcel map shall require the dedication of land, the payment of Quimby fees, 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 or parcel map. (C) Payment of in-lieu fees. Prior to the issuance of a building permit, the Community and Economic Development Director or his/her designee shall determine the amount of land to be dedicated and/or Quimby fees to be paid by the subdivider. Any fee required under this chapter shall be paid directly to the city prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The fees shall be placed in a specially designated fund and are used only for the acquisition and development of new, or improvement and/or rehabilitation of existing, park and recreational facilities. Any fees collected under this chapter shall be appropriated by the City Council, but need not be spent, within five years after the payment of such fees or the issuance of building permits on one half of the lots created by the subdivision, whichever occurs later. If such fees are not appropriated, they shall be distributed and paid 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 within the subdivision. (D) Dedication of parkland. A dedication of parkland shall be made prior to the recordation of any applicable tentative map or parcel map. Where dedication is offered and accepted, such dedication shall be accomplished in accordance with the provisions of the Subdivision Map Act. All land dedicated to the city shall be conveyed in fee simple to the city 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 agrees to accept. (E) Improvement of parkland. The subdivider may choose to improve the dedicated parkland with amenities such as grass, trees, playground equipment and other improvements typical of a city park. If such improvements are made to the dedicated parkland, the cost of said improvements shall be estimated and applied as a credit against the parkland or the in- lieu fee identified as required per the calculation identified in § 8.26.060. The cost of said improvements and associated credit shall be determined in a manner meeting the approval of the Community Services Director. (Ord. 2023-07, passed 8-15-2023)

(A) When a proposed subdivision is a part of a major land development project, and the owner of such land proposes to permit development by one or more merchant builders, provisions for park and recreational facilities shall be made by the major landowner through the adoption of a comprehensive plan and not by the individual merchant builders. Where park and recreation facilities have been dedicated by requirements of the city in excess of this chapter’s requirements, the major landowner may, at the discretion of the city, be given 100% credit for the excess on subsequent projects within the adopted comprehensive plan. (B) For the purpose of this chapter, a MAJOR LAND DEVELOPMENT PROJECT shall be a land development project exceeding 40 acres in size. (C) Where development is proposed for construction in increments, a schedule for providing the park and recreation facilities shall be submitted for consideration by the city. All park facilities shall be developed consistent with any schedule approved by the city. (Ord. 2023-07, passed 8-15-2023)

(A) A subdivider and the city may enter into a park development agreement that provides a schedule for the initiation, planning, design, construction, installation, completion and, where appropriate, dedication of any park and recreational improvements and/or amenities required by this chapter. A park development agreement shall: (1) Clearly state the intent of the agreement is to establish a means to assure that park and recreational improvements and/or amenities are provided to the residents of the subdivision as required by this chapter; (2) Specify the timing of the development of these improvements and/or amenities in relation to the development of residential dwelling units; (3) Provide sufficient surety to guarantee that the improvements and/or amenities are completed and ready for public use within the timeframes specified in the agreement; and (4) Provide that failure to comply with any deadline for the development of the improvements and/or amenities shall halt the issuance of building permits and suspension of all building inspections for residential dwelling units within the subdivision. (B) In the absence of a park development agreement, all park and recreational improvements and/or amenities required by this chapter shall be constructed, installed, completed and ready for public use prior to the earlier of: (1) The issuance of the first certificate of occupancy for any residential dwelling unit within the subdivision; or

(2) The final building inspections for any residential dwelling unit within the subdivision. (Ord. 2023-07, passed 8-15-2023)

Where a proposed development lies within an area not currently within the city’s corporate boundaries but intended to be annexed into the city by the subdivider, the subdivider shall dedicate land, pay Quimby fees, or a combination of both, in accordance with the city’s General Plan and in accordance with the provisions of this chapter, and the General Plan shall be amended within 180 days following approval of the annexation. (Ord. 2023-07, passed 8-15-2023)

The provisions of this chapter shall not apply to any industrial or commercial development. (Ord. 2023-07, passed 8-15-2023)