{CW143125.8}
ORDINANCE NO. 878
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON AMENDING CHAPTER 16.44 OF THE PATTERSON MUNICIPAL CODE
(DEDICATION – PARK AND RECREATION), TO UPDATE THE CITY’S QUIMBY
ORDINANCE AND PARKLAND IN-LIEU FEE FOR SUBDIVISIONS
WHEREAS, pursuant to Government Code § 66477, the legislative body of a city or county may, by ordinance, require the dedication of land or impose a requirement of the payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approval of subdivision maps, subject to certain requirements (referred to as the “Quimby Act”); and WHEREAS, the City’s Quimby Act ordinance was last updated in 1995; and WHEREAS, the City’s General Plan requires a minimum parkland standard of five (5) acres of parkland per one thousand (1,000) residents (City of Patterson General Plan, PR-1.2, PR-1.3, PR1.5, PR-1.6); and WHEREAS, the City’s Parks & Recreation Master Plan provides for a minimum parkland standard of five (5) acres of parkland per one thousand (1,000) residents (City of Patterson, Parks & Recreation Master Plan - 5.2); and
WHEREAS, on October 15, 2024, the City Council adopted Resolution No. 2024-59 updating various City Development Impact Fees and the corresponding Nexus Studies, including but not limited to, fees for the City’s Corporation Yard, City Hall, Recreation Facilities, and Parkland; and WHEREAS, the Nexus Study for the identified Development Impact Fees was prepared by Willdan Financial Services, Inc.; and
WHEREAS, the Nexus Study identifies the fees to be charged for parkland and parkland improvements pursuant to the Mitigation Fee Act (Gov. Code, § 66000 et seq.) and for subdivisions pursuant to the Quimby Act (Gov. Code, § 66477); and WHEREAS, the purpose of this ordinance is to update the City’s Quimby Act ordinance, in accordance with the City’s existing parkland standard and the Nexus Study.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON DOES ORDAIN AS FOLLOWS:
{CW143125.8}
Section 1. Amendment to Patterson Municipal Code. Chapter 16.44 (Dedication-Park and Recreation), of Title 16 (Divisions of Land), of the Patterson Municipal Code, shall be repealed in its entirety and amended with a new Chapter 16.44, which shall read as follows:
Chapter 16.44
DEDICATION-PARK AND RECREATION
Sections:
16.44.010 Purpose.
16.44.020 General Standard.
16.44.030 Applicability.
16.44.040 Standards and Formula for Dedication of Land.
16.44.050 Dedication and Improvement Requirements.
16.44.060 Payment of Fees In Lieu of Land.
16.44.070 Private Parks and Recreation Areas.
16.44.010 Purpose.
This chapter is enacted pursuant to the authority granted by Government Code § Section 66477 and the City of Patterson General Plan. The need for park and recreation facilities results from increases in residential development. Therefore, as a condition of approval of a final map or parcel map, the applicant shall dedicate land, pay a fee in lieu thereof, or a combination of both, for park or recreational purposes at the time of approval of the parcel map or final map, in accordance with this chapter. The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community parks and recreational facilities.
16.44.020 General Standard.
The City Council finds that the amount of existing neighborhood and community park areas exceeds three (3) acres per one thousand (1,000) persons residing in the City, and that the public interest, convenience, health, welfare, and safety require that five (5) acres of land for each one thousand (1,000) persons residing in the City be devoted to neighborhood and community park and recreational purposes.
16.44.030 Applicability.
A. The provisions of this chapter shall apply to all residential subdivisions of five (5) parcels or more as a condition to approval.
B. For subdivisions of fewer than five (5) parcels, a condition may be placed on the approval of a subdivision map that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee may be required to be paid by the owner of each parcel as a condition of the issuance of the permit.
C. Whenever subsequent development occurs on property for which fees have already been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units that were not subject to a prior dedication or fee requirement. {CW143125.8}
D. The provisions of this chapter shall not apply to any of the following:
i. Industrial or commercial subdivisions.
ii. Condominium projects or stock cooperatives, which consists of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added.
iii. Any other type of subdivision excluded from such requirements by the Subdivision Map Act.
16.44.040 Standards and Formula for Dedication of Land.
A. The formula for determining acreage to be dedicated is based on a standard of five (5) acres of park area per one thousand (1,000) members of the population. The formula for dedication of land shall be:
Average number of persons per unit /
1,000 population x
5 acres of parkland x
Number of units in subdivision =
______________________________________
Land area to be dedicated.
B. Subject to the approval of the Community Development Director, the average number of persons per unit may be adjusted for different types of residential development (for example, mobile homes, single-family, multifamily). Such requests shall be filed by the applicant and include a justification for applying a lower density per unit, to the satisfaction of the Community Development Director.
C. Where more than one (1) dwelling unit will be located on a single lot, in order to determine the total number of units in the subdivision, the Community Development Director shall have the discretion to use the maximum allowed density of the applicable zoning designation. The applicant shall submit such information as may be reasonably requested by the Community Development Director, in order to determine the number of units in the subdivision.
D. Other open space areas included in the subdivision, such as dual-use drainage basins or buffer areas, may be eligible to satisfy the land dedication requirement, subject to the approval of the Community Development Director.
16.44.050 Dedication and Improvement Requirements.
The following parkland dedication and improvement requirements will apply to the filing of parcel maps, tentative maps, and final maps:
A. Whenever a subdivision map is submitted to the City, the applicant shall consult with the Community Development Director to determine whether parkland, in-lieu fees, or a {CW143125.8}
combination of both, shall be dedicated for parks and recreational purposes. If land will be dedicated, it shall be so designated in the land area on the submitted map.
B. The Community Development Director shall determine the suitability of the applicant's proposal for parkland or fees, or both, to serve the subdivision. The amount and location of the parkland to be dedicated shall be determined by the Community Development Director.
C. If land is to be dedicated, the applicant may be conditioned to construct the park improvements in accordance with City standards. Conceptual plans for the park improvements shall be reviewed by the Community Development Director for consistency with the City’s General Plan, Parks and Recreation Master Plan, and other Specific Plans or Master Plans (as may applicable).
D. If parkland is to be dedicated, park improvement plans shall be reviewed and approved by the Community Development Director and the City Engineer. An agreement and securities shall be posted prior to approval of the final map to guarantee construction of the parkland to City standards.
E. The Community Development Director may impose conditions on the timing of construction of the parkland improvements in relation to availability of units in the subdivision.
F. The applicant and the City may enter into a park development agreement that provides for the schedule, design, fee credits, construction, and completion of the park improvements.
G. If land is to be dedicated, such dedication shall be accomplished by dedication on the Final Map or by Grant Deed. Parkland shall be dedicated to the City in fee title. Dedicated parkland will be considered accepted when accepted by the City Council.
H. Prior to acceptance by the City Council, the parkland shall be free and clear of all encumbrances except those that the City accepts in writing. An environmental site assessment report may be required to determine that the land is free from toxic or hazardous materials. The applicant shall include a preliminary title report and title insurance in favor of the City, in an amount approved by the City.
16.44.060 Payment of Fees In Lieu of Land.
A. The fee paid in lieu of land dedication for a proposed subdivision shall be set by resolution of the City Council.
B. For purposes of calculating the in-lieu fee, in order to determine the total units in the subdivision, the Community Development Director shall have the discretion to use the maximum allowed density of the applicable zoning designation. The applicant shall submit such information as may be reasonably requested by the Community Development Director, in order to determine the number of anticipated units in the subdivision. {CW143125.8}
C. All park in-lieu fees required to be paid pursuant to this chapter shall be paid as a condition of and upon approval of a parcel map or final map, and shall be deposited into the park inlieu fund.
D. For subdivisions containing fifty (50) parcels or fewer, the City may allow the applicant to only pay fees, except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be fewer than 50.
16.44.070 Private Parks and Recreation Areas.
Where private park and recreation areas are proposed within a subdivision to be privately-owned and maintained, the following requirements apply:
A. The applicant is eligible to receive credit for the private open space within the development which is usable for active recreational uses, subject to the approval of the Community Development Director. The Community Development Director may grant up to full credit toward the City’s land dedication requirement, depending on the amount of parkland available to the general public. If the private open space within the development is restricted from public use, then the Community Development Director may grant up to fifty percent (50%) credit toward the City’s land dedication requirement.
B. Evidence shall be provided that ownership and maintenance of the private park will be adequately provided for in perpetuity by recorded written agreement, covenants, or restrictions. Any such document and subsequent amendments shall be subject to review and approval of the Community Development Director.
Section 2. Severability.
If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
Section 3. Publication and Effective Date.
This Ordinance shall take effect thirty (30) days after its passage by the City Council and following the affirmative vote of a majority of the members of the City Council. Within fifteen (15) days of its adoption, a summary of the Ordinance shall be published in a newspaper of general circulation in the City of Patterson, California, which summary shall include the names of those Council Members voting for and against the Ordinance. A certified copy of the full text of such adopted ordinance or amendment shall be on file in the office of the City Clerk. {CW143125.8}
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson, held on the 19th day of November 2024, by __________________, who moved its introduction, which motion was duly seconded by ___________________. Said Ordinance was given a second reading at a regular meeting of the City Council held on the ___, day of __________, 2023, and after such reading, _________________ moved its adoption, seconded by , and said Ordinance was thereupon adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
___________________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
__________________________________
Aracely Alegre
City Clerk of the City of Patterson