§ 17.16

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California. The open space, park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the environmental resource management element of the general plan of the city of Whittier, adopted by the city of Whittier on March 19, 1974, as amended.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

At the time of the approval of the tentative map or parcel map, the land required for dedication or in-lieu fee payment shall be determined pursuant to Section 17.16.040 (Formula for Dedication of Land) and a condition of approval of a final subdivision map or parcel map shall require the subdivider dedicate land, pay a fee in-lieu thereof, or both, at the option of the city, for neighborhood and community park or recreational purposes at the time and according to the standards and formulas contained in this chapter.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

It is found and determined that the public interest, convenience, health, welfare and safety required that four and eight-tenths acres of property for each one thousand persons residing within this city be devoted

to local park and recreational purposes.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Where a park or recreation facility has been designated in the environmental resource management element of the general plan of the City, and is to be located in whole or in part within the proposed subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision, based on an adopted ratio of four and eight-tenths acres of park per one thousand persons (0.0048 per 1,000 people). The actual amount of land dedication required per development, per dwelling unit shall be as periodically set by resolution of the city council and according to Section 66477(a) (Quimby Act) of the Government Code.

B.

Dedication of land shall be made in accordance with the procedures contained in Section 17.16.100 (Procedure).

C.

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, as determined necessary by the city, along the property line of that portion of the subdivision contiguous to the dedicated land;

3.

Provide improved drainage through the site;

4.

Provide other minimal improvements, including rough grading, which the city council determines to be essential to the acceptance of the land for recreational purposes.

D.

The land to be dedicated and the improvements to be made pursuant to this section shall be approved by the director of parks, recreation and community services.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

General Formula. Where the proposed development is in close proximity to an already existing neighborhood park, as described in the resource management element of the general plan and shown on the parks master plan and if the already existing park is outside the proposed limits of the development, the developer will be required to make a cash payment, in-lieu of dedication, equal to the value of that land and in an amount determined in accordance with the provisions of Section 17.16.070 (Amount of Fee in-lieu of Land Dedication). Such fee to be used for a local park which bears a reasonable relationship to serve the present and future residents of the area being subdivided.

B.

Fees in-lieu of Land—Fifty Parcels or Less.

1.

If the proposed subdivision contains fifty parcels or less, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of residents of the proposed subdivision, and in an amount determined in accordance with the provisions of Section 17.16.070 (Amount of Fee in-lieu of Land Dedication).

2.

However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreational purposes in subdivisions of fifty parcels or less, where the subdivider proposes such dedication voluntarily, the park is depicted on the final map, and the land is acceptable to the city council.

C.

Use of Money. The money collected under this section shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park and recreational facilities reasonably related to serving the subdivision.

D.

Sample Computation of Quimby Act Fee.

1.

2.97 (Estimated average persons per unit in the city) x 0.0048 (Acreage per person per 1,000 people) = 0.014 acres (Park dedication per person)

2.

0.014 acres (Total park dedication per person) x 100 (Total units within subdivision) = 1.42 acres (Total park dedication)

1.42 acres (Total park dedication) x $2,000,000 (Appraised land value per acre) = $2,851,200 (Total land value of dedication)

$2,851,200 (Total land value of dedication) / 100 (Total units) = $28,512 per Unit in park fees

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

In subdivisions of more than fifty parcels, the subdivider shall dedicate land and/or pay a fee in-lieu thereof in accordance with one or more of the appropriate provisions contained in this chapter.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

When a fee is to be paid in-lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication pursuant to Section 17.16.040 (Formula for Dedication of Land), plus corresponding fees as periodically set by resolution of the city council; or

In the alternative, the amount of such fee shall be an amount equal to the fee established by city council resolution and assessed pursuant to subsections A (4) of Section 3.48.080 (Imposition and Payment of Fees) of Chapter 3.48 (Development Impact Fees) of Title 3 (Revenue and Finance).

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The fair market value shall be determined by the City with a written professional appraisal report prepared and signed by a licensed appraiser acceptable to the city. The appraisal shall be made within thirty days immediately prior to the filing of the final map to the city engineer.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The decision of the director of parks, recreation and community services with regard to the appropriate amount of the fee in-lieu of land dedication, pursuant to Section 17.16.070 (Amount of Fee in-lieu of Land Dedication) may be appealed in writing to the city manager within fifteen calendar days of the decision. The decision of the City Manager shall be final, unless appealed in writing to the city council within fifteen calendar days of the city manager's decision. All decisions of the city council shall be final.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

No credit shall be given for common open space in the subdivision except as hereinafter provided. Where common open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003.1 of the Business and Professions Code, partial credit, not to exceed twenty-five percent may be given against the requirement of land dedication or payment of fees in-lieu thereof if the city council finds that it is in the public interest to do so.

B.

The following standards will be utilized to determine the amount of credit given:

1.

Yards, court areas, setbacks and other open space areas required by the zoning and building ordinances and regulations shall not be included in the computation of such common open space; and

2.

Facilities proposed for open space are in substantial accordance with the provisions of the environmental resource management element of the general plan of the city;

3.

Proposed common open space shall be usable and accessible by the general public.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

At the time of approval of the tentative map or parcel map, the director of parks, recreation and community services shall determine, pursuant to Section 17.16.040 (Formula for Dedication of Land), the land required for dedication or for in-lieu fee payment.

B.

At the time of the filing of the final subdivision map or parcel map, the subdivider shall dedicate the land as required. Where fees shall be paid in-lieu of or in addition to the dedication of land, the city council shall set the in-lieu fees based on the land dedication requirements as established at the time of tentative map approval using current land values at the time of final map approval. The subdivider shall pay said fees in accordance with the following schedule:

1.

For any subdivision consisting of nine or less lots, fees shall be paid, in their entirety, prior to the issuance of any building permit for any building or structure to be located upon any lot in the subdivision.

For any subdivision consisting of ten or more lots, fees shall be paid on a lot-by-lot basis prior to the issuance of any building permit for any building or structure to be located upon any one of the lots in the subdivision.

C.

Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final subdivision map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

17.16.110 - Disposition of fees.

A.

Fees determined pursuant to Section 17.16.070 (Amount of Fee in-lieu of Land Dedication) shall be paid to the city's finance department and shall be deposited into the subdivision park trust fund, or its successor. Money in said fund, including accrued interest, shall be expended solely for acquisition or development of park land, or improvements thereto.

B.

Collected fees shall be appropriated by the local agency to which the land or fees are conveyed within five years upon receipt of payment or within five years after the issuance of building permits on one-half of the lots created by the subdivision.

C.

The director of finance shall report to the city council at least annually on income expenditures, and status of the subdivision park trust fund.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this chapter; provided, however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

B.

The provisions of this chapter do not apply to a strictly commercial or industrial subdivision; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The value of park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this chapter. The city council reserves the right to approve such improvements prior to agreeing to accept the dedication of land and to require in-lieu fee payments should the land improvements be unacceptable.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Land or fees required under this chapter shall be conveyed or paid directly to the local public agency which provides park and recreational services on a community-wide level and to the area within which the proposed development will be located if such agency elects to accept the land or fee. At the time of final map approval, the city council shall determine whether the city is the appropriate local agency. The city shall develop a schedule pursuant to Section 66477 of the Government Code specifying how, when and where it will use the land and/or fees to develop park or recreational facilities to serve residents of the subdivision.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 17.18 - OBSTRUCTION OF PUBLIC RIGHT-OF-WAY AND PUBLIC PROPERTY