2014-160 Dedication of Land_In Lieu Fees Residential Development ORDINANCE NO. 2014-160
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE, CALIFORNIA, REPEALING SECTION 10.35 OF
RIVERSIDE COUNTY LAND USE ORDINANCE NO. 460.152 AS
ADOPTED BY THE CITY OF MENIFEE AND AMENDING THE
MENIFEE MUNICIPAL CODE BY ADDING CHAPTER 9.55 TO
REQUIRE THE DEDICATION OF LAND OR THE PAYMENT OF
FEES IN LIEU THEREOF, OR A COMBINATION OF BOTH, FOR
PARK AND RECREATIONAL PURPOSES AS A CONDITION OF
APPROVAL FOR RESIDENTIAL DEVELOPMENT PROJECTS
REQUIRING A TENTATIVE MAP OR PARCEL MAP, PURSUANT
TO THE QUIMBY ACT
WHEREAS, Government Code Section 66477 (also known as the "Quimby Act")
authorizes the legislative body of a city to, by ordinance, require the dedication of land or payment
of fees in lieu thereof ("Quimby Fees"), or a combination of both, for park and recreational
purposes as a condition to the approval of any tentative map; and
WHEREAS, on October 1, 2008, the City of Menifee (the "City") incorporated, becoming
the local government authority for the City's corporate boundaries; and
WHEREAS, upon incorporation, the City adopted Section 10.35 of the Riverside County
Land Use Ordinance No. 460.152, which provides regulations pertaining to the dedication and
improvement of land for park and recreation purposes or the payment of Quimby Fees, or a
combination of both, by developers of subdivisions; and
WHEREAS, to ensure the City's parkland dedication and Quimby Fee requirements
continue to be consistent with recent amendments to state law, including the Quimby Act, the City
Council has determined that there is a current and immediate need to repeal Section 10.35 of the
Riverside County Land Use Ordinance No. 460.152, as adopted by the City, and replace it with a
new Chapter 9.55 to the Menifee Municipal Code, as identified in Exhibit "A" attached to this
Ordinance and incorporated herein by this reference; and
WHEREAS, the proposed Code Amendment(DCA 2014-219) (adding Chapter 9.55 to the
Menifee Municipal Code) will require developers to improve and dedicate land for park and
recreational purposes, or pay Quimby Fees, or a combination of both, as a condition to the
approval of a residential development project requiring a tentative tract map or parcel map; and
WHEREAS, an ordinance imposing parkland dedication and Quimby Fee requirements
pursuant to the Quimby Act must include definite standards for determining the proportion of
subdivision to be dedicated and the amount of any Quimby Fees based upon a ratio of residential
density (i.e., the number of people expected to reside in the subdivision)to acreage (i.e., the area
of the subdivision); and
WHEREAS, the proposed Code Amendment (DCA 2014-219) contains definite standards
for determining the proportion of a subdivision to be dedicated for parks and recreational facilities
and the amount of any Quimby Fees; and
WHEREAS, prior to imposing parkland dedication and Quimby Fee requirements pursuant
to the Quimby Act, the legislative body of a city must adopt a general plan or specific plan
Ordinance No. 2014-160
Parkland Dedication, Park In-lieu Fees (QUIMBY)
containing policies and standards for the parks and recreational facilities the dedication and fee
requirements will ultimately provide; and
WHEREAS, on December 18, 2013, the City Council adopted a comprehensive General
Plan for the City which includes, inter alia, an Open Space and Conservation Element that
contemplates the City will adopt an ordinance pursuant to the Quimby Act and provides policies
and standards for parks and recreational facilities the dedication and fee requirements will
ultimately provide; and
WHEREAS, pursuant to Section 15168(c)(2) of Title 14 of the California Code of
Regulations, the proposed Code Amendment (DCA 2014-219) does not require additional review
under the California Environmental Quality Act, Public Resources Code Section 21000 et seq.
("CEQA") because the proposed amendments to the Municipal Code are within the scope of the
project covered by the Environmental Impact Report for the City's General Plan (State
Clearinghouse No. 2012071033); and
WHEREAS, because the proposed Code Amendment (DCA 2014-219) includes
amendments to Title 9 of the Menifee Municipal Code (Planning and Zoning), it has been
processed pursuant to Government Code Sections 65853 through 65857; and
WHEREAS, on November 12, 2014, the Planning Commission held a duly noticed public
hearing to receive public testimony on the proposed Code Amendment (DCA 2014-219) and to
appraise all relevant information pertaining thereto, and after considering all relevant public
testimony as well as all materials in the staff report and accompanying documents, the Planning
Commission recommended to the City Council approval of the proposed Code Amendment(DCA
2014-219) and recommended that the Council find the proposed Code Amendment (DCA 2014-
219) does not require further environmental review under CEQA; and
WHEREAS, on October 23, 2014, the Parks, Recreation and Trails Commission held a
duly noticed public hearing to receive public testimony on the proposed Code Amendment
(Ordinance No. 2014-160) and to appraise all relevant information pertaining thereto, and after
considering all relevant public testimony as well as all materials in the staff report and
accompanying documents, the Parks, Recreation and Trails Commission recommended to the
City Council approval of the proposed Code Amendment (Ordinance No. 2014-160); and
WHEREAS, on December 3, 2014, the City Council held a duly noticed public hearing to
receive public testimony on the proposed Code Amendment (DCA 2014-219) and to appraise all
relevant information pertaining thereto, and considered all public testimony as well as all materials
in the staff report and accompanying documents to repeal Section 10.35 of the Riverside County
Land Use Ordinance No. 460.152, as adopted by the City, and replace it with a new Chapter 9.55
"Parkland Dedication or Quimby Fee Requirements for Residential Development Requiring a
Tentative Map or Parcel Map".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN
AS FOLLOWS:
Section 1. Recitals.
The above recitals are true and correct and incorporated herein.
Section 2. Title.
This Ordinance shall be known as the "Quimby Act Ordinance."
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Section 3. The City Council has read and considered the proposed amendments to
Title 9 of the Menifee Municipal Code (Planning and Zoning) referred to herein as "Code
Amendment (DCA 2014-219)," as set forth in Exhibit "A".
Section 4. Findings.
After considering the proposed Code Amendment(DCA 2014-219), the recommendations
of the Parks, Recreation and Trails Commission and Planning Commission, staff
recommendations, public testimony and correspondence, and reports thereon, the City Council
hereby makes the following findings:
1. The proposed amendments to the Municipal Code are consistent with the Quimby
Act (Government Code § 66477) because:
a. The parkland dedication and Quimby Fee requirements only apply to
residential developments that require the approval of a tentative map or
parcel map;
b. The proposed amendments to the Municipal Code contain definite
standards for determining the proportion of a subdivision to be dedicated
for parks and recreational facilities and the amount of any Quimby Fees;
c. The Open Space and Conservation Element of the City's General Plan
provides policies and standards for parks and recreational facilities the
dedication and fee requirements will ultimately provide;
d. Unless the City complies with the findings and public hearing requirements
set forth at Government Code Section 66477(a)(3)(B), the land, fees, or
combination thereof will only be used for the purpose of developing new or
rehabilitating existing park and recreational facilities to serve the residential
development for which the dedication and fee requirements are imposed;
e. There is a reasonable relationship between the amount and location of land
to be dedicated and/or fees to be paid and the use of the park and
recreational facilities provided by that land and/or those fees by the future
inhabitants of the residential development for which the dedication and fee
requirements were imposed;
f. As set forth in more detail in the Open Space and Conservation Element of
the City's General Plan, the amount of existing park area in the City
exceeds three acres of park area per 1,000 City residents; thus, the
Quimby Act authorizes the City to require developers to provide up to five
acres of park area (and/or Quimby Fees) per 1,000 subdivision residents,
and the parkland dedication and Quimby Fee requirements in the proposed
amendments to the Municipal Code do not exceed this limit; and
g. It is in the public interest, convenience, health, welfare and safety to require
five acres of park area (and/or Quimby Fees) per 1,000 subdivision
residents be devoted to neighborhood and community parks as a condition
of approval of a residential development requiring a tentative tract or parcel
map.
2. The proposed amendments to the Municipal Code are consistent with the City's
General Plan and, in particular, the Open Space and Conservation Element, which
contemplates the City will adopt an ordinance pursuant to the Quimby Act requiring
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that developers set aside land, donate conservation easements, or pay fees for
park improvements.
3. The City Council of the City of Menifee finds that the proposed Code Amendment
by way of DCA 2014-219 is consistent with the requirements of the Menifee
Municipal Code regarding the process of amending the Municipal Code.
4. Pursuant to 14 C.C.R. § 15168(c)(2), the proposed amendments to the Municipal
Code do not require additional review under CEQA because the proposed
amendments to the Municipal Code are within the scope of the project covered by
the Environmental Impact Report for the City's General Plan (State Clearinghouse
No. 2012071033).
Section 4. The City Council hereby accepts the recommendation of the Planning
Commission.
Section 5. Chapter 9.55 to the Menifee Municipal Code.
The City Council hereby adopts Code Amendment (DCA 2014-219). Chapter 9.55
'Parkland Dedication or Quimby Fee Requirements for Residential Development Requiring a
Tentative Map or Parcel Map' is hereby added to the Menifee Municipal Code as set forth in
Exhibit "A."
Section 6. Section 10.35 of the Riverside County Land Use Ordinance No.
460.152.
The City Council hereby repeals Section 10.35 of the Riverside County Land Use
Ordinance No. 460.152, as adopted by the City.
Section 7. Notice of Adoption.
The City Clerk of the City of Menifee shall certify to the adoption of this Ordinance.
Section 8. Effective Date.
Code Amendment (DCA 2014-219), adding Chapter 9.55 to the Menifee Municipal Code,
shall take effect and be in full force and operation thirty (30) days after the adoption of this
ordinance by the City Council. In accordance with Government Code Section 66477(a)(1), the
City shall not require the dedication of land or impose a requirement of the payment of Quimby
Fees, or a combination of both, pursuant to Municipal Code Chapter 9.55 until this ordinance has
been in effect for thirty (30) days.
The repeal of Section 10.35 of the Riverside County Land Use Ordinance No. 460.152,
as adopted by the City, shall take effect and be in full force and operation sixty one (61) days after
the adoption of this ordinance by the City Council.
Section 9. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance or the
application thereof to any person or circumstance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council declares that it
would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or
portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause,
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phrase or portion thereof be declared invalid or unconstitutional.
Section 10. City Clerk Action.
The City Clerk of the City of Menifee is authorized and directed to cause this Ordinance
to be published within fifteen (15) days after its passage in a newspaper of general circulation and
circulated within the City in accordance with Government Code Section 36933(a) or, to cause this
Ordinance to be published in the manner required by law using the alternative summary and
posting procedure authorized under Government Code Section 36933(c).
This Ordinance was introduced and read on the 31 day of December, 2014 and PASSED,
APPROVED AND ADOPTED THIS 1711 day of Decemb 2014.
Scott A. Mann, Mayor
Approved as to form:
i
J r y T I Iching, City A ney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the attached
Ordinance No. 2014-160 to be the original ordinance adopted by the City Council of the City of
Menifee on December 17, 2014 and that said Ordinance was published in accordance with the
law on a vote as follow:
Date: 12-17-14
Kathy Bennett, City Clerk
Vote:
Ayes: August ., Denver, Edgerton, Liesemeyer, Mann
Noes: None
Abstain: None
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Absent: none
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EXHIBIT A
Chapter 9.55 Parkland Dedication or Quimby Fee Requirements for Residential
Development Requiring a Tentative Map or Parcel Map
Sections:
9.55.010 Purpose and Findings
9.55.020 Authority
9.55.030 Definitions
9.55.040 Parkland Dedication Standard
9.55.050 Parkland Dedication and/or Quimby Fee Requirements
9.55.060 Formulas for Calculating Amount of Parkland Dedication and/or
Quimby Fees
9.55.070 Public Improvements on Dedicated Parkland
9.55.080 Criteria for Requiring Combination of Parkland Dedication and
Quimby Fees
9.55.090 Criteria for requiring Both Dedication and Quimby Fees
9.55.100 Procedure for Making Payment or Dedication
9.55.110 Procedure for Merchant Builders
9.55.120 Time for Constructing Improvements and Amenities
9.55.130 Developments Annexed to the City
9.55.140 Exception for Commercial and Industrial Developments
9.55.010 Purpose and Findings
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.
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.
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 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 Chapter.
B. Findings
The amount of existing park area in the City exceeds three acres of park area per 1,000 City
residents. The enactment of this Chapter prevents new residential development from 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.
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9.55.020 Authority
This Chapter is enacted pursuant to the authority granted by the Quimby Act.
9.55.030 Definitions
For the purposes of this Chapter, the terms and words shall have the meaning as defined in
Chapter 9.118 "Glossary", except that the following words shall have the meanings set forth
below:
A. "Average Number of Persons Per Dwelling Unit" shall mean 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. The most recent Average Number of
Persons Per Dwelling Unit may be reflected in a City Council Resolution.
B. "City" shall mean the City of Menifee.
C. "Dwelling unit" shall include 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 department of
finance census.
D. "Land Acquisition Cost Per Acre' shall mean 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 by the City if found
reasonable.
E. "Merchant Builder" shall mean 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.
F. "Number of Dwelling Units" shall mean 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.
G. "Park Development Agreement" shall mean an agreement entered pursuant to Section
9.55.130 of this Chapter.
H. "Quimby Act" shall mean Section 66477 of the California Government Code, as amended
from time to time, or any successor statute.
I. "Quimby Fees" shall mean 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.
J. "Residential development" shall mean any development that creates new or increases the
number of existing dwelling units on a property.
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K. "Subdivision Map Act" shall mean Section 66410, et seq. of the California Government
Code, as amended from time to time, or any successor statute.
9.55.040 Parkland Dedication Standard
All standards for park dedication shall comply with the Quimby Act, the California Subdivision Map
Act, and the Open Space and Conservation Element of the City's General Plan. The dedication
of land and/or Quimby Fees for park or recreational purposes shall be at the rate of five (5) acres
per 1,000 residents.
9.55.050 Parkland Dedication and/or In-Lieu Fee Requirements
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 subsection (C), below, if the proposed subdivision contains fifty (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
Section 9.55.060(B), below.
C. When a condominium, 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).
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 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.
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.
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5. The fees shall be used in a manner consistent with the Open Space and
Conservation Element of the City's General Plan and any policy, standard,
principle or guideline adopted in accordance therewith.
9.55.060 Formulas for Calculating Amount of Parkland Dedication and/or Quimby
Fees
A. Formula for calculating the "Dedication of Land": Where the requirements of this
Chapter are complied with solely on the basis of providing parkland, the minimum amount
of land measured in acres to be provided shall be based on:
Average .005 Number of
Number of X Number X (5 Acres Per _ Acres
Dwelling Units of Persons Per 1,000 to be
Dwelling Unit Residents) Dedicated
Whenever land is dedicated pursuant to this Chapter, the subdivider shall provide the
public improvements, as set forth in Section 9.55.070 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, on a per residential unit basis, as follows:
Average .005
Number of Number (5 Acres Acquisition Total
Dwelling Units X of Persons Per X Per X Cost Per - Quimby
Dwelling Unit Re ,000nts) Acre Fee
The amount of the Quimby Fees 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.
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
subsection (A) and subtracting the amount of parkland actually provided. The remainder
shall be converted to a fee in accordance with the provisions of subsection (B).
9.55.070 Public Improvements on Dedicated Parkland
The subdivider shall provide utility and full street improvements consistent with the Circulation
Element of the adopted General Plan, 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.
9.55.080 Criteria for Requiring Combination of Parkland Dedication and Quimby Fees
For subdivisions exceeding fifty (50) parcels, the subdivider shall both dedicate land and pay
Quimby Fees on the following basis:
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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
Section 9.55.040, and any remaining parkland dedication requirements shall be satisfied
through Quimby Fees computed pursuant to Section 9.55.060(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 Section
9.55.040, and any remaining parkland dedication requirements shall be satisfied through
Quimby Fees computed pursuant to Section 9.55.060(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.
9.55.090 Determination as to Requirement for Fee or Dedication
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.
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B. The determination of the Planning Commission upon the recommendation of the Parks,
Recreation and Trails Commission, as to whether land shall be dedicated or whether
Quimby Fees shall be paid, or a combination of both, shall be final and conclusive, unless
timely appealed to the City Council pursuant to Section 2.20.150 "Appeal Procedures' of
the Menifee Municipal Code.
9.55.100 Procedure for Making Payment or Dedication
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 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. 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 City Manager 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 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.
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
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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.
9.55.110 Procedure for Merchant Builders
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 one hundred percent (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 forty (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.
9.55.120 Time for Constructing Improvements and Amenities
A. A subdivider and the City may enter 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.
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Ordinance No. 2014-160
Parkland Dedication, Park In-lieu Fees (QUIMBY)
9.55.130 Developments Annexed to the City
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.
9.55.140 Exception for Commercial and Industrial Developments
The provisions of this article shall not apply to any industrial or commercial development.
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