Chapter 19.52
PARK DEDICATIONS AND FEES
Sections:
19.52.010 Purpose and Intent (California Government Code Section 66477).
19.52.020 Applicability (California Government Code Section 66477).
19.52.030 Use of Park Dedications and Fees (California Government Code Section 66477).
19.52.040 Parkland Standard (California Government Code Section 66477).
19.52.050 Determination of Land or Fee.
19.52.060 Dedication of Land (California Government Code Section 66477).
19.52.070 Fee in Lieu of Dedication (California Government Code Section 66477).
19.52.080 Credit for Private Recreational Facilities (California Government Code Section 66477).
19.52.090 Timing of Dedications (California Government Code Section 66477.1).
19.52.010 Purpose and Intent (California Government Code Section 66477).
This chapter is intended to provide for the dedication of land, the payment of fees in lieu thereof or a combination of both, for park or recreational purposes in conjunction with the approval of residential development. These provisions are in accordance with the Recreation and Open Space Element of the General Plan and with California Government Code Section 66477 (known as the Quimby Act). (Ord. 2023-22 § 848, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.52.020 Applicability (California Government Code Section 66477).
A. Applicability. The provisions of this chapter shall apply to all residential subdivisions except those exempted per subsection (B) of this Section.
B. Exemptions. The provisions of this chapter shall not apply to nonresidential subdivisions, nor to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which, at the time of tentative map filing, is five or more years old when no new dwelling units are added. (Ord. 2023-22 § 849, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.52.030 Use of Park Dedications and Fees (California Government Code Section 66477).
A. Rules for Use of Dedication and Fees. The following rules shall apply to the use of dedicated park land and in lieu fees per Section 66477 of the Subdivision Map Act:
1. The land, fees or combination thereof shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision.
2. The park and recreational facilities provided for by the land dedications and/or in lieu fees are in accordance with the policies and standards contained in the City’s General Plan Recreation and Open Space Element.
3. 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.
4. The City shall develop and maintain a schedule specifying how, when and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision. This schedule is provided for in this chapter and in the adopted City Council policy entitled “Park Fee Policy.”
B. Credit for Improvements. If a subdivider provides park and recreational improvements to dedicated parkland, the value of the improvements, together with any equipment located thereon, shall be a credit against the payment of fees or dedication of land, required by this chapter. (Ord. 2023-22 § 850, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.52.040 Parkland Standard (California Government Code Section 66477).
Per figures from the 2000 Federal Census and the City’s Recreation and Open Space Element, the amount of neighborhood and community park acreage in the City is five and one-tenth acres per one thousand (1,000) population. Per California Government Code Section 66477, the City may use its existing parkland ratio, based on data from the most recent available Federal Census, as its park dedication standard for new subdivisions, provided required dedications do not exceed five acres per one thousand (1,000) persons residing within a subdivision. Therefore, the City’s park dedication standard shall be five acres per one thousand (1,000) population. (Ord. 2023-22 § 851, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.52.050 Determination of Land or Fee.
The tentative map decision making body shall determine whether land dedication, in lieu fee or a combination of the two shall be required in conjunction with its approval of a tentative map in accordance with the following criteria.
A. Land Dedication. The following criteria shall be used in making a determination to require land dedication:
1. General Plan. Whether a park site is shown within the subdivision in the General Plan’s Recreation and Open Space Element.
2. Accessibility. Whether the proposed site has access to a public street.
3. Topography. Whether the terrain of the proposed site is suitable for the intended park development.
B. In Lieu Fee. If no park or recreational facility has been designated in the General Plan’s Recreation and Open Space Element to be located within the proposed subdivision, or if the proposed subdivision contains fifty (50) lots or less, the subdivider shall pay a fee in lieu of land dedication, except that when a condominium project, stock cooperative or community apartment project exceeds fifty (50) dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty (50). The in lieu fee shall be equal to the value of the amount of land prescribed for dedication pursuant to Section 19.52.060. The fee amount shall be determined in accordance with Section 19.52.070.
C. Both Dedication and Fee. In subdivisions of more than fifty (50) parcels, the tentative map decision making body may require the subdivider to both dedicate land and pay a fee in lieu thereof in accordance with the following criteria:
1. When a park site shown within a proposed subdivision is smaller in area than the acreage which is required for dedication pursuant to Section 19.52.060, such park site shall be dedicated for park purposes and a fee, computed pursuant to Section 19.52.070, shall be paid for the remaining acreage which would have been required to be dedicated.
2. When a major part of a park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee, computed pursuant to Section 19.52.070, shall be paid for the remaining acreage which would have been required to be dedicated.
Any in lieu fees paid per the preceding criteria shall be used for the improvement of the park and recreational site dedicated by the subdivider or for the improvement of other local parks and recreational facilities serving the subdivision. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.52.060 Dedication of Land (California Government Code Section 66477).
Where a park or recreational facility has been designated in the General Plan’s Recreation and Open Space Element to be located in whole or in part within the proposed subdivision, the tentative map decision making body may require the subdivider to dedicate land for the park per the Parkland Dedication Standard of Section 19.52.040. The amount of land to be dedicated shall be computed as follows:
A. Persons per Dwelling Unit. The City shall determine the average number of persons per dwelling unit for each dwelling unit type, based upon the average household size for that dwelling unit type (e.g., single family detached, apartment, etc.). Data from the most recent available Federal or State census shall be used to make this computation unless the City determines that there is substantial evidence to support a finding that a different household size is appropriate for some or all of the dwelling units proposed;
B. Computation of Dedication Acreage. The number of persons to occupy the new subdivision shall be computed by multiplying the average number of persons per dwelling unit by the number of dwelling units. The parkland to be dedicated shall then be determined by multiplying the number of persons by 5 ac./1,000 persons. (For example, if the new subdivision will house 500 persons: 500 x 5/1000 = 2.5 acres of land to be dedicated). (Ord. 2023-22 § 852, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.52.070 Fee in Lieu of Dedication (California Government Code Section 66477).
A. Computation of Fee. Where a fee is required to be paid in lieu of land dedication, such fee shall be computed by multiplying the acreage of land which would otherwise have been required to be dedicated pursuant to Section 19.52.050 times the fair market value per acre, as established by periodic appraisal prepared by the City.
B. Use of Money. The in lieu fees collected pursuant to this chapter shall be used only for the purpose of developing new or rehabilitating existing park or recreational facilities which serve the subdivision, either by way of the purchase of land for park purposes or, if the City Council determines that there is sufficient land available, for the improvement of such land for park and recreational purposes.
C. Time Limits. Any fees collected pursuant to this chapter shall be committed within five years after the payment of such fees, or the issuance of building permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the 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. Use of Interest. Any interest earned on the accumulated in lieu fees may be used for the maintenance of any existing park or recreational facilities. (Ord. 2023-22 § 853, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.52.080 Credit for Private Recreational Facilities (California Government Code Section 66477).
A. Authority to Grant Credit. The tentative map decision making body may grant credit for private recreational facilities provided within common interest developments, as defined in California Civil Code Section 4100, against required land dedications or in-lieu fees in accordance with the provisions of this section.
B. Standards for Granting Credit. In approving credit for private recreational facilities against required park fees, the tentative map decision making body shall find that all of the following standards are met:
1. The credited private recreational facilities include active recreation facilities such as playfields, turfed play areas, tot lots, recreation buildings, swimming pools and playing courts, and similar facilities. Also eligible are bicycle or hiking trails which are privately maintained, which connect to trails outside the development and which are open to the public. Passive open space, such as setback areas and passive greenbelts shall not be granted credit;
2. The private recreational facilities are suitable for use for active recreational purposes, taking into consideration such factors as size, shape, topography, access and location; and
3. The use of the private recreational facilities is restricted to park, recreation or trail purposes and their private ownership and maintenance are assured by recorded covenants which run with the land and which cannot be eliminated without the consent of the City.
C. Amount of Credit. Credit granted for private recreational facilities shall be from zero percent to twenty (20) percent of the amount of required land dedication or in lieu fee imposed pursuant to this chapter. In no case shall credit exceed twenty (20) percent. The amount of credit granted shall be determined by the tentative map decision making body in accordance with the following criteria:
1. The degree to which the private recreational facilities complement existing or proposed public park facilities serving the subdivision, as shown in the General Plan’s Recreation and Open Space Element; and
2. The degree to which the private recreational facilities reduce the burden on existing or proposed public park facilities serving the subdivision. (Ord. 2023-22 §§ 854, 855, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.52.090 Timing of Dedications (California Government Code Section 66477.1).
Land dedications shall be offered at the time of final map filing, either on the final map itself or by separate instrument. The City Council shall accept, accept subject to improvement or reject the offer of dedication at the time of final map approval. (Ord. 2023-22 § 856, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)