§ 17.12

As a condition of approval of a subdivision map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutter's rights, drainage, public utility easements, recreational trail easements, and other public easements. The Planning Commission may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a subdivision map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the Subdivision Map Act with respect to the waiver of direct access. (Prior code § 30-18)

As a condition of approval of a subdivision map, the subdivider shall comply with all of the requirements of the local park code adopted by the City Council pursuant to Section 2 of Article XI of the Constitution of the state, and in compliance with Title 7, Chapter 3 of the Government Code, for the purpose of executing and implementing the park and recreation element of the general plan, and the intent and spirit of Government Code Section 66477. (Prior code § 30-19)

• A. Purpose and Findings. This Section is adopted to implement the provisions of Section 66477 of the Government Code (sometimes referred to hereinafter as 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.

The park and recreational facilities for which dedication of land and/or payment of a fee inlieu thereof is required by this section are in accordance with the Land Use and Recreation and Resources Elements of the General Plan of the City, and shall supersede any previously adopted plan to the extent of any inconsistency.

The land, fees, or combination thereof that are dedicated pursuant to this section are to be used only for the purposes of developing new or rehabilitating existing neighborhood or community 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 section.

• B. Parkland Dedication Requirement. 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, at the

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City of Yorba Linda, CA § 17.12.025

YORBA LINDA CODE

§ 17.12.025

time and according to the standards and formula contained in this section, for park or recreational purposes to serve the future residents of the subdivided property.

1. This requirement shall apply to all residential subdivisions, except those exempted by the Quimby Act or any successor statute.

2. Except as provided in subsection (B)(3), below, if the proposed subdivision contains 50 parcels or less, the subdivider shall not be required to dedicate any land for park and recreational purposes without his or her consent, but shall pay a fee in accordance with subsection (E)(2), below.

3. 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.

4. Notwithstanding the requirement 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:

   • a. 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.

• b. 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 section.

  - c. The City Council holds a public hearing before using the fees pursuant to this subsection, and at that public hearing, makes a finding supported by substantial 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 neighborhood where the fees are used. 
  
  - d. 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. 
  
  - e. The fees shall be used in a manner consistent with the adopted Yorba Linda General Plan - Recreation and Resources Element. 
  

• C. Definitions. The following definitions shall govern the meaning of words in this section:

"Average Population per Dwelling Unit" means the average number of persons per household, based on the most recent data available in the form of the Federal census and study on the population density in the City. There will be an identified separate Average Population per Dwelling Unit for Single Family and Multi-Family Dwelling Units. The most recent Average Population per Dwelling Unit may be reflected in a City Council Resolution. "Single Family Dwelling Unit" shall mean a detached building designed primarily for the use of one family, or a semi-attached building (i.e., side-byside units separated from the adjacent unit by a ground-to-roof wall) with no more than two distinct dwelling units, each intended for single-family use. "Multi-Family Dwelling

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City of Yorba Linda, CA § 17.12.025

SUBDIVISIONS

§ 17.12.025

Units" shall mean a building containing two or more dwelling units, except those semiattached buildings identified as a single-family dwelling unit pursuant to this section, not including any second residential units. "Second residential units" mean a second dwelling unit located on the same lot as the primary single-family dwelling unit, either attached or detached from the primary residential dwelling unit, and which provides complete independent living facilities for one or more persons.

"Fair Market Value" means 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 Fair Market Value 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 by the City if found reasonable.

ity as determined by the City Council based upon receipt sale records or appraisal. The most recent Fair Market Value 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 by the City if found reasonable.

"Number of Dwelling Units" means 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 is filed for approval.

• D. Parkland Dedication Standard. All standards for park dedication shall comply with the Quimby Act, the California Subdivision Map Act, and the City of Yorba Linda General Plan - Land Use and Recreation and Resources Elements. The dedication of land and/or fees in lieu thereof for park or recreational purposes shall be at the rate of three acres per 1,000 population.

• E. Manner of Compliance. The requirements of subsections B and D of this section may be complied with by the provision of park land, park improvements/recreational amenities, the payment of the in-lieu fee, or combination of park land, fees, and/or improvements/ amenities, at the option of the City, in accordance with the provisions of this section.

  1. Where the requirements of this section are complied with solely on the basis of providing park land, the minimum amount of land measured in acres to be provided shall be based on:

     • The Number of Dwelling Units; multiplied by

     • The Average Population per Dwelling Unit (either Single Family or MultiFamily); multiplied by

     • Three thousandths (.003) of an acre.

Notwithstanding any calculation made pursuant to the figures provided in this equation, the amount of land required for dedication from the developer shall not exceed the maximum of three acres per 1,000 persons, as set forth in this section and the Recreation and Resources Element of the General Plan. A minimum of five acres per site are required by the City for dedication, unless the minimum acreage requirement is waived by the City.

Whenever land is dedicated, the subdivider shall provide all of the following for the benefit of the land dedicated:

• a. Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation of existing public utility facilities, street paving, traffic

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City of Yorba Linda, CA § 17.12.025

YORBA LINDA CODE

• b. Fencing along the property lines of the subdivision which are contiguous to the park;

• c. Improve the drainage through the park site;

• d. Provide minimal physical improvements, not including recreational facilities, building, or equipment, which the City determines are necessary for acceptance of the land for park and recreational purposes;

• e. Provide access from the park and 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;

• f. Water, sewer, grading and drainage improvements in addition to those grading, drainage, irrigation and planting improvements required under other City ordinances. All land to be dedicated and improvements to be made should be approved by the City prior to the approval or disapproval of a subdivision;

• g. All grading plans for land to be dedicated shall be reviewed and approved by the City for conformance with the City's general plan and any other parks and recreation plans and the needs of the City;

No grading, drainage, irrigation, planting, street or utility improvements, or other benefits required under this section shall be eligible for a credit against the land to be dedicated or fees paid under the provisions of this section, unless required by the Quimby Act.

2. Where the requirements of this section are solely complied with on the basis of the payment of inlieu fees, such fees shall be calculated, on a per residential unit basis, as follows:

3 acres × (Fair Market Value)

x Average Population per Dwelling Unit

1,000

The amount of the in-lieu fee per Dwelling Unit 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.

3. Where the requirements of this section are complied with by both the provision of park land and payment of an in-lieu fee, the amount of the in-lieu fee shall be computed by determining the required amount of park land in accordance with the provisions of subsection (E)(1) and subtracting the amount of park land actually provided. The remainder shall be converted to a fee in accordance with the provisions of subsection (E)(2).

• F. Procedure. Prior to approval of the final map or parcel map, the following provisions must be satisfied:

  1. Application by Subdivider. At the time of filing a tentative map or parcel map

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City of Yorba Linda, CA § 17.12.025

SUBDIVISIONS

§ 17.12.025

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 a fee in-lieu thereof. 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.

2. Action of City. At the time of the tentative tract map or parcel map approval, the City shall determine as part of such approval, whether to require a dedication of the land within the subdivision, payment of a fee in-lieu thereof, or a combination of both. The conditions of approval of a tentative map or a parcel map subject to the provisions of this section 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 or parcel map and stated as a condition of approval. If fees are to be paid, a condition of approval shall require that the fees be paid to the City.

3. Determination. The City shall determine whether to require land dedication, payment of a fee inlieu thereof, or a combination of both, by considering the following:

   • a. 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;

   • b. Compliance with the provisions of the Land Use and Recreation and Resource Elements of the City's General Plan;

   • c. Topography, geology, access, and location of land in the subdivision available for dedication; and

   • d. Size and shape of the subdivision and land available for dedication.

4. Disposition of Land or Fees.

   • a. 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.

   • b. All in-lieu park fees shall be paid directly to the City prior to the issuance of any residential building permit for the building site or sites from which the fees are to be derived. The fees are 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.

   • c. Any fees collected under this section shall be committed 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 committed, 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.

(Ord. 2013-995, § 2, 11-19-2013; Ord. 2014-998, § 2, 1-21-2014; Ord. 2015-1012, § 2,

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City of Yorba Linda, CA

YORBA LINDA CODE

§ 17.12.030

§ 17.12.025

4-7-2015)

As a condition of approval of the final subdivision map, a subdivider may be required to dedicate or make an irrevocable offer to dedicate access to public resources in accordance with the provision of Article 3.5 of Chapter 4 of the Subdivision Map Act. (Prior code § 30-20)

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City of Yorba Linda, CA

SUBDIVISIONS

§ 17.12.040

§ 17.12.080

Article 2 Reservations

As a condition of approval of a subdivision map, the subdivider may be required to reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this article. (Prior code § 30-21 (a))

Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan continuing a community facilities element, recreation and parks element or a public building element, the subdivider may be required by the City to reserve such sites as may be determined by the City in accordance with the definite principles and standards contained in the above specific plan or general plan applicable thereto. The reserved area must be such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the applicable adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. (Prior code § 30-21 (b))

The public agency for whose benefit an area has been reserved shall at the time of approval of the final tract map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

(Prior code § 30-21 (c))

The purchase price shall be the market value thereof at the time of the filing of the tentative subdivision map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. (Prior code § 30-21 (d))

If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate. (Prior code § 30-21 (e))

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City of Yorba Linda, CA

SUBDIVISIONS

§ 17.12.090

§ 17.12.110