The ordinance codified in this chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California, often referred to as "The Quimby Act." The parks and recreation facilities and related improvements for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the parks and recreation element of the general plan of the city of Moreno Valley. Furthermore, the ordinance codified in this chapter is enacted to implement the provisions of the Quimby Act which authorize a city to require the dedication of land for park and recreation facilities, or a payment in-lieu incident to and as a condition of the approval of a tentative tract map, tentative parcel map for residential subdivisions, or a custom home approval.
(Ord. 581 § 2.2, 2000)
At the time of approval of the tentative map, parcel map, building permit, or occupancy permit, as applicable, the city council shall determine pursuant to this chapter the land required for dedication or in-lieu fee payment. As a condition of approval of a final subdivision map, parcel map, building permit or occupancy permit, the applicant shall dedicate land, pay a fee in-lieu thereof, or a combination of both, at the option of the city, for neighborhood and community park or recreational purposes at the time and according to the standards and formula contained in this chapter.
(Ord. 581 § 2.2, 2000)
The dedication of land for park and recreation facilities shall be required as a condition of the approval by the city of a tentative map or tentative parcel map for a residential subdivision containing 51 or more separate lots or parcels, or consists of a condominium project containing 51 or more dwelling units, excepting therefrom the conversion of an existing multi-family residential building, which is more than five years old, to a condominium project.
(Ord. 581 § 2.2, 2000)
The amount of land required to be dedicated to the city for parks and recreation facilities incident to and as a condition of the approval of a tentative map or tentative parcel map for a residential subdivision, shall be consistent with the standards and policies for park facilities, adopted in the general plan or an applicable specific plan and shall bear a reasonable relationship to the need for park facilities by the inhabitants of the subdivision
The city may elect to impose the condition of payment of in-lieu fees for park and recreation purposes instead of dedication of parkland if the location or topography of the subdivision is not conducive to the development of parks and recreation facilities at this location. Such in-lieu fees shall be equal to the value of the parkland that would have been dedicated pursuant to Section 3.40.050.
(Ord. 581 § 2.2, 2000)
Except as otherwise provided by this chapter, the number of acres or fraction of an acre of land required to be dedicated to the city for park facilities incident to and as a condition of the approval of tentative map or tentative parcel map for a residential subdivision, shall be the product of the following:
A. 
The maximum number of dwelling units permitted within the subdivision as determined from the zoning regulations applicable to the subdivision; multiplied by
B. 
The average number of residents per dwelling unit within the incorporated territory of the city, as determined by the most recent federal census or census taken pursuant to the provisions of Title 4, Division 3, Part 2 of the California Government Code (commencing with Section 40200); multiplied by
C. 
Three thousandths of an acre per person.
(Ord. 581 § 2.2, 2000)
A. 
Where a tentative map or tentative parcel map is approved for a condominium project, planned development or a real estate development which includes private open space set aside for active recreational purposes, then the maximum number of acres or fraction thereof required to be dedicated to the city for park facilities incident to and as a condition of the approval of a tentative map or tentative parcel map shall be reduced by an amount equal to 25% of the number of acres or fraction of an acre of such private open space set aside for active recreational purposes.
B. 
For purposes of this section, private open space set aside for active recreational purposes shall include any private open space within the subdivision other than yards, court areas, setbacks, and other open areas required by zoning regulations of the city which meets all of the following requirements:
1. 
The private open space is open to and accessible by all residents of the subdivision;
2. 
The private open space includes one or more of the following active recreational elements:
a. 
Open spaces dedicated to the active recreational pursuits such as soccer, golf, baseball, softball and football,
b. 
Tennis courts, badminton courts, shuffleboard courts or similar handsurfaced areas especially designed and exclusively used for court games,
c. 
Recreational swimming pools and other swimming areas, and
d. 
Golf courses; and
3. 
Use of the private open space is restricted for active recreational purposes by a recorded covenant which runs with the land and which can only be terminated with the prior consent of the city council.
(Ord. 581 § 2.2, 2000)
Where an application is filed for approval of a tentative map or tentative parcel map for a residential subdivision which contains less than 51 lots or parcels, such subdivision shall be deemed to contain 51 or more lots or parcels for purposes of land dedication requirements provided for by this chapter where the city, based on all available evidence, determines that one or more lots within the subdivision are likely to be further subdivided in a manner which would create a total of 51 or more lots or parcels within the entire subdivision. This evidence shall include, but not be limited to, the kind of development that would be permitted within the subdivision pursuant to the general plan or any applicable specific plan. Moreover, where a subdivision contains lots and parcels likely to be further subdivided, the city may determine the maximum number of acres and/or fraction of an acre to be dedicated to the city for park facilities in the manner provided by this chapter. This number shall be based on the maximum number of dwelling units which would be permitted within the subdivision pursuant to the provisions of the general plan or any relevant specific plan rather than on the zoning regulations applicable to the subdivision.
(Ord. 581 § 2.2, 2000)
A. 
When the city has required the dedication of land for parks facilities incident to and as a condition of the approval of a tentative map or tentative parcel map for a residential subdivision, the city shall, as a further condition of such approval, require the construction and installation of the following public improvements within the dedicated parkland and adjoining public rights-of-way, which are in addition to any parks and recreation facilities and improvements impact fees charged pursuant to Section 3.38.070, Parks and recreation facilities and improvements residential development impact fees;
B. 
Storm drainage facilities necessary for the conveyance and disposal of stormwaters generated within or flowing through the dedicated parkland;
C. 
Fencing necessary in order to provide an appropriate barrier between the dedicated parkland and adjoining properties;
D. 
Street improvements within the adjoining public rights-of-way including, but not limited to, street paving, sidewalks, curb, gutters, street trees and traffic control devices;
E. 
Grading; and
F. 
Any other public improvements which the city determines are necessary in order to make the dedicated parkland suitable for development as a park facility.
(Ord. 581 § 2.2, 2000)
Where parkland has been dedicated to and accepted by the city in accordance with the conditions of approval of a tentative map or tentative parcel map for a residential subdivision, such parkland shall be used for the purpose of developing neighborhood or community park and recreational facilities which serve the residents of the subdivision in accordance with a parkland development schedule adopted by the city council within 12 months of the acceptance by the city of dedicated parkland or on or before the date the council adopts the first annual city budget next following such acceptance, whichever occurs last, and shall specify how and when such parkland will be used for the development of neighborhood or community park facilities which serve the inhabitants of the community.
(Ord. 581 § 2.2, 2000)
The city may only require payment of in-lieu fees for custom home approvals and subdivisions containing 50 or less lots of parcels. However, when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, a dedication of land may be required notwithstanding the fact that the number of parcels may be less than 50.
(Ord. 581 § 2.2, 2000)
Quimby in-lieu fees shall be adopted by a resolution of the city council. The city council my authorize adjustments to the fees to account for the escalation in land costs based on the current market conditions at the time.
(Ord. 581 § 2.2, 2000; Ord. 1012, 6/25/2024)
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
(Ord. 581 § 2.2, 2000)