Dedications or grants of easements required as a condition precedent to filing a parcel map may be made either by certificate on the final parcel map or by separate instrument, as determined by the city engineer, signed and acknowledged by those parties having a record title interest in the real property being subdivided, accepted, and recorded prior to or concurrently with the filing of the parcel map.
(Prior code § 27-52.03)
The city may require dedication or irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of a subdivision if:
A. 
The subdivision has the potential for two hundred or more dwelling units or contains one hundred acres or more; and
B. 
Transit facilities are or will be available to such subdivision.
(Prior code § 27-52.05)
Dedications or offers of dedication of streets may include a waiver of direct access rights to any such street from any property shown on a final map as abutting thereon and, if the dedication is accepted, any such waiver shall become effective in accordance with its provisions.
(Prior code § 27-52.12)
A. 
The city council may require that areas of real property within the subdivision be reserved for parks, recreational facilities, fire stations, libraries or other public uses, subject to the following conditions:
1. 
The requirement is based upon an adopted specific plan or an adopted general plan containing policies and standards for those uses, and the required reservations are in accordance with those policies and standards contained therein;
2. 
The ordinance has been in effect for a period of at least thirty days prior to the filing of the tentative map;
3. 
The reserved area is of 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;
4. 
The amount of land reserved will not make development of the remaining land held by the subdivider economically feasible.
B. 
The reserved area shall conform to the adopted specific or general plan and is 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; in such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices. (Map Act, Section 66479)
(Prior code § 27-53.01)
A. 
The general intent of Sections 18.64.070 through 18.64.100 is to provide for the added park and recreation facilities demands brought by the residents of new dwelling units when those new dwelling units result in a net increase to the city's overall housing stock. As a condition of approval of a subdivision map for new residential development, parkland shall be dedicated or fees shall be paid in lieu thereof, or a combination of both, for neighborhood and community park and recreation purposes. As a condition of approval of a building permit for new residential development not within a new subdivision, fees in lieu of parkland dedication shall be paid for neighborhood and community park and recreation purposes.
B. 
Land to satisfy dedication requirements is conveyed to the city at the time of recordation of the final map or parcel map. In lieu fees is paid to the city prior to the issuance of building permits.
(Ord. 1257 § 1, 1991; Ord. 1416 § 13, 2002)
Land or fees required under this section is conveyed or paid directly to the city. The city in accepting such land or funds shall develop the land or use the funds as provided in this section:
A. 
Use of Land and Fees. The land, fees or combination thereof are to be used only for the purpose of providing park or recreational facilities which will reasonably serve or benefit future residents of such subdivision.
B. 
Establishment and Development Time. Any fees collected hereunder is 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 are 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.
C. 
Exception for Small Subdivisions. Only the payment of fees is required in subdivisions of fifty parcels, or less, except as provided in subsection 66477(g) of the California Government Code.
D. 
Standards for Dedication. The amount of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of benefits of the park and recreational facilities by the future residents of the subdivision The city council establishes a ratio of three park acres to one thousand population, in accordance with the Subdivision Map Act.
E. 
Amount of Park Fees Required. When the requirements hereof are complied with on the basis of providing park fees, the minimum amount of fees to be paid is computed by using the following formula:
FORMULA:
NxSxPxL = minimum fee
1,000
WHERE:
N = proposed net increase in number of dwelling units.
S = planned park acreage per 1,000 population.
P = population per dwelling unit.
L = fair market value of parkland per acre.
F. 
Amount of Land Required. Whenever the requirements hereof are complied with on the basis of providing park land, the minimum amount of land required is the amount:
FORMULA:
NxSxP = acreage to be dedicated
1,000
WHERE:
N = proposed net increase in number of dwelling units.
S = planned park acreage per 1,000 population.
P = population per dwelling unit.
G. 
Formula Valuations.
1. 
The value "N" is determined by subtracting from the total number of new dwellings units proposed the number of existing dwelling units on the site, if any, including both existing-to-remain and existing-to-be-removed units.
2. 
The value "S" is three acres/one thousand persons.
3. 
The value "P" is the average number of persons that will occupy the particular type of household proposed.
When more than one type of household is proposed, separate computations shall be made for each type and the computations shall then be aggregated to determine the park acreage to be dedicated or the in lieu fee to be paid for the entire subdivision or development.
The specific types of households and the average number of persons residing therein shall be as determined by the United States Census Bureau or the State Department of Finance as sanctioned by the city.
4. 
The value "L" means the market value of the land as determined by the staff of the city of Buena Park, and approved by the city council, prior to the approval of the final map. If the subdivider objects to such a valuation, the subdivider, at its own expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the city whose appraisal may be accepted by the city if found reasonable. Fair market value may be determined by mutual agreement of city and subdivider; however, any and all decisions of the city as to fair market value is final and conclusive.
(Ord. 1257 § 1, 1991; Ord. 1416 §§ 14, 15, 2002)
The requirements of Sections 18.64.070 through 18.64.100, inclusive, is met concurrent with the approval of the final parcel map, final subdivision map or the planned community, or prior to issuance of building permits, by the provision of park land in whole or in part, the payment of a park fee or by a combination of both as required by the city council.
A. 
Preliminary Determination. At the time of filing a tentative map for approval, the city staff shall preliminarily determine whether dedication of property for park and recreational purposes or in lieu of fees are necessary. If the city desires dedication, the area is designated on the tentative map when submitted.
B. 
Action of City. At the time of the tentative map approval, the planning commission shall determine, as part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both.
C. 
Prerequisites for Approval of Final Map. Where dedication is offered and accepted, it is accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the same is deposited with the city prior to the issuance of building permits.
D. 
Determination. The planning commission shall determine 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 general plan;
2. 
Topography, geology, access and location of land in the subdivision available for dedication; and
3. 
Size and shape of the subdivision and land available for subdivision.
E. 
Credits. Planned developments, real estate developments, stock cooperatives and community apartment projects, as defined in Sections 11003, 11003.1, 11003.2, 11003.4 and 11004 respectively, of the California Business and Professions Code, and condominiums, as defined in Section 783 of the California Civil Code, is eligible to receive a credit, in an amount determined by resolution of the city council, against the amount of land required to be dedicated, or the amount of the fee imposed, for the value of private open space within the development which is usable for active recreational uses; provided, that:
1. 
Yards, court areas, setbacks and other open areas required to be maintained by the zoning and building provisions of this code shall not be included in the computation of such private open space;
2. 
The private ownership and maintenance of the open space is adequately provided for by written agreement;
3. 
The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the existing and future owners of property within the subdivision and which cannot be defeated or eliminated without the consent of the city council;
4. 
The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land;
5. 
Facilities proposed for the open space are in substantial accordance with the provisions of the recreation and parks element of the general plan for the city and are approved by the planning commission; and
6. 
The minimum open space for which credit will be considered is one acre and provides a minimum of three of the elements listed in this subdivision, or a combination of such, and other recreational improvements that will meet the specific recreation park needs of the future residents of the area. The criteria list is as follows:
a. 
Children's play apparatus,
b. 
Family barbecue picnic area,
c. 
Game court area,
d. 
Swimming pool with adjacent deck and ancillary facilities,
e. 
Recreation building;
7. 
The subdivider requesting consideration for private open space credit shall, as part of the submittal filing, include:
a. 
A written request for such consideration by the planning commission, and;
b. 
Detailed plans and specifications for areas and improvements within such proposed private open space.
F. 
Funding and Accounting. All in lieu park fees collected by the city pursuant to this chapter shall be funded and accounted for in the manner prescribed in Government Code Section 66000, et seq., and as set forth by resolution adopted by the city council.
(Ord. 1257 § 1, 1991; Ord. 1416 §§ 16, 17, 2002)