This chapter is enacted pursuant to the authority granted by Section 66477 of the California Government Code which authorizes a City to require the dedication of land for park and recreation facilities or payment of in-lieu fees incident to and as a condition of approval of a Tentative Map or Tentative Parcel Map for certain subdivisions.

(Ord. 66 § 1, 1995)

A.

Applicability. The dedication of land for park and recreation facilities shall be required incident to and as a condition of the approval of a Tentative Map or Tentative Parcel Map for a subdivision, except subdivisions for which Tentative Maps or Tentative Parcel Maps have been filed prior to thirty (30) days after the effective date of this chapter. 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 within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. Subdivisions within the Los Serranos area as shown on Exhibit 1 to the Park Study Report dated May 11, 1995, shall be exempt from the requirements of this chapter. The provisions of this chapter do not apply to commercial or industrial subdivision or to condominium projects or stock cooperatives which consist of division of airspace in an existing multifamily residential building which is more than five years old when no new dwelling units are added.

B.

Use of Land and Fees. The land, fees or combination of land and fees, are to be used only for the purpose of providing park or recreational facilities within the City which will serve or benefit future inhabitants of such subdivision, and the park and recreational facilities so developed shall bear a reasonable relationship to the needs therefor by the inhabitants of the subdivision. The park and recreational facilities shall be consistent with the standards and policies for park and recreation facilities, adopted in the General Plan, the Park, Recreation and Open Space Master Plan or an applicable specific plan.

C.

Establishment and Development Time. The City Council shall specify by resolution at the time approval is given to the final map when the development of a park or recreation facility to serve the subject subdivision will begin. The starting date shall be reasonable with respect to (1) the need for such park or facility, (2) weather constraints, (3) minimized disruption of the neighborhood, and (4) the accumulation of the necessary funds and land.

D.

Land Disposition. In the event that opportunities for better recreation facilities than those provided by the dedication materialize, the land so dedicated may be sold with the proceeds therefrom being used for suitable park and recreation facilities which serve the neighborhood in which that subdivision is located.

E.

Standards for Dedications. The amount of land required to be dedicated to the City for park and recreation facilities incident to and as a condition of the approval of a Tentative Map or Tentative Parcel Map for a subdivision shall bear a reasonable relationship to the use or benefits of the park and recreation facilities by the future inhabitants of the subdivision. It is found and determined that the public interest, convenience, health, welfare and safety require that three acres of usable land for each one thousand (1,000) persons residing within the City be devoted to neighborhood or community park and recreation facilities.

F.

Amount of Land to be Dedicated. Except as otherwise provided in this chapter, the number of acres or fraction of an acre of usable land required to be dedicated to the City for park and recreation facilities incident to and as a condition of the approval of a Tentative Map or Tentative Parcel Map shall be the product of the following:

1.

The number of proposed dwelling units within the subdivision; multiplied by

2.

The average number of residents per dwelling unit within the incorporated territory of the City, as determined by the most recent federal census or a census taken pursuant to the provisions of Title 4, Division 3, Part 2 of the California Government Code (commencing with Section 40200), or such other acceptable means of determination provided by California Government Code Section 66477, multiplied by

3.

Three-thousandths of an acre (.003 acre) per person.

(Ord. 66 § 2, 1995)

A.

Amount of In-Lieu Fees Required. Where a fee is required to be paid in-lieu-of dedicating land, the fee shall be based on the fair market value of the amount of land which would otherwise be required for dedication, as provided in Section 16.86.020(F). Such fee shall be determined each year in the amount as set forth in a park fee study. The fair market value of a buildable acre shall be based on the most recent appraisal of similarly situated property for usable park land within the City as determined by the City Manager in consultation with the Parks and Landscape Director. If the subdivider objects to such evaluation, the subdivider may, at its own expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the City Manager, which appraisal may be accepted by the City Council if found reasonable or the City and subdivider may agree to the fair market value.

B.

Fifty Parcels or Less. The payment of fees in-lieu-of dedication may be required only in subdivisions containing fifty (50) or less lots or parcels, 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-one (51).

(Ord. 66 § 3, 1995)

When only a portion of the required land is dedicated as required by Section 16.86.020, an in-lieu fee for the remaining required acres of land shall be paid in accordance with Section 16.86.030.

(Ord. 66 § 4, 1995)

The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

A.

Action by Subdivider. At the time of filing a Tentative Map or Tentative Parcel Map for approval, the subdivider shall, as part of such filing state in writing whether such subdivider desires to dedicate property for park and recreation 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 or parcel map as submitted.

B.

Actions of City. At the time of the Tentative Map or Tentative Parcel Map approval, the Parks and Recreation Commission (the "Advisory Agency") shall recommend to the legislative body taking action on the subdivision whether to require dedication of the land within the subdivision, payment of a fee in-lieu thereof, or a combination of both, and such legislative body shall incorporate such recommendation as a part of its approval of the Tentative Map or Tentative Parcel Map.

C.

Prerequisites for Approval of Final Map. Where dedication is offered and accepted, it shall be accomplished in accordance with the Subdivision Map Act. Where fees are required, such fees shall be deposited with the City prior to the approval of the final tract map. Open space covenants for private park or recreation facilities shall be submitted to the City prior to the approval of the final tract map and shall be recorded contemporaneously with the final tract map.

D.

Determination. The Advisory Agency shall recommend whether to require land dedication, require payment of a fee in-lieu thereof, or a combination of both, by consideration of the following:

1.

Recreational element of the City's General Plan and the City's Park, Recreation and Open Space Master Plan; and

2.

Topography, geology, access and location of land within the subdivision available for dedication; and

3.

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

(Ord. 66 § 5, 1995)

When private open space for park and recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by future residents of the subdivision, such areas shall be credited up to twenty-five (25) percent against the requirement of a dedication of park and recreation purposes set forth in Section 16.86.020 or the payment of fees set forth in Section 16.86.030, provided the Advisory Agency finds that it is in the public interest to do so, and that the following standards are met:

A.

That yards, court areas, setbacks and other open areas required to be maintained by the zoning, land use district, and building regulations shall not be included in the computation of such private open space; and

B.

That the private ownership and maintenance of the private open space is adequately provided for by written agreement; and

C.

That the use of the private open space is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract; and

D.

That the proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and

E.

That facilities proposed for the open space are in substantial accordance with the provisions of the City's General Plan and Park Master Plan and are approved by the Parks and Recreation Commission; and

F.

That the private recreational facilities include one or more of the following active recreational elements: (1) Open spaces dedicated to the active recreational pursuits such as soccer, golf, baseball, softball and football; (2) basketball courts, tennis courts, badminton courts, shuffleboard courts or other similar hard-surfaced areas and volleyball courts, especially designed and exclusively used for court games; and (3) recreational swimming pools and other swimming areas.

(Ord. 66 § 6, 1995)

The City has adopted the Chino Hills Specific Plan Area Infrastructure Financing Financial Policies and the City's Development Code. Those policies may be amended from time to time to reflect changing needs. With respect to subdivisions in which this chapter is applicable, in any conflict with those ordinances adopting the financial plan or the Development Code, or with those ordinances as amended and superseded, the provisions of this chapter shall apply.

(Ord. 66 § 7, 1995)

Except as set out in Section 17.86.070, this chapter does not supersede or replace any existing ordinances, nor, unless otherwise specified, shall adoption of this chapter modify fees imposed by any future ordinance adopted by the City Council.

(Ord. 66 § 8, 1995)

This chapter is intended to establish an alternative method for spreading the costs of the park and recreation facilities against the lands which will be benefited thereby; and the provisions of this chapter shall not be construed to limit the powers of the City Council to utilize any other method for accomplishing this purpose but shall be in addition to any other requirements which the City Council is authorized to impose as a condition to approving new development pursuant to state and local statutory and decisional law.

(Ord. 66 § 10, 1995)