The purpose of this chapter is to implement the intent of the
master recreational plan for Merced County, by realizing the need
for the provision of additional local recreational parks for the enjoyment,
health, welfare, and the general well-being of the residents of the
unincorporated territory of the county of Merced, by requiring subdividers
of land for residential use to dedicate park land space and/or pay
prescribed fees in lieu thereof.
(Ord. 1730 § 1, 2004)
The ordinance codified in this chapter is enacted pursuant to
authority granted by Government Code Section 66477, a part of the
Subdivision Map Act of the state of California.
(Ord. 1730 § 1, 2004)
The term "subdivision" as used herein is defined in Government
Code Section 66424, and reads as follows:
means the division, by any subdivider, of any unit or units
of improved or unimproved land, or any portion thereof, shown on the
latest equalized county assessment roll as a unit or as contiguous
units, for the purpose of sale, lease or financing, whether immediate
or future except for leases of agricultural land for agricultural
purposes. Property shall be considered as contiguous units, even if
it is separated by roads, streets, utility easement or railroad rights-of-way.
"Subdivision" includes a condominium project, as defined in Section
1350 of the Civil Code, a community apartment project, as defined
in Section 11004 of the Business and Professions Code, or the conversion
of five or more existing dwelling units to a stock cooperative, as
defined in Section 11003.2 of the Business and Professions Code. Any
conveyance of land to a governmental agency, public entity or public
utility shall not be considered a division of land for purposes of
computing the number of parcels. As used in this section, "agricultural
purposes" means the cultivation of food or fiber or the grazing or
pasturing of livestock.
(Ord. 1730 § 1, 2004)
All subdivisions occurring in residential zones except those listed as exempted in Section 17.44.050 of this chapter are subject to the park land space and/or fee obligation as outlined in this chapter.
(Ord. 1730 § 1, 2004)
The following are expressly excluded from the park land space
and/or fee obligation and all other provisions of this chapter:
A.
Subdivisions
containing less than five parcels and not used for residential purposes;
provided however, that a condition may 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 of the issuance of such permit.
B.
Subdivisions
located in the A-1 (General agricultural), A-2 (Exclusive agricultural),
A-G (Agriculture greenbelt) Zones.
C.
Commercial
subdivisions.
D.
Industrial
subdivisions.
E.
Condominium
projects or stock cooperatives which consist of the subdivision of
air space in an existing apartment building which is more than five
years old when no new dwelling units are added.
(Ord. 1730 § 1, 2004)
A.
The
following listed subdivisions shall be considered as qualified for
the payment of fees only obligation:
1.
Any
residential subdivision consisting of 50 or less lots.
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The fees required to be paid shall be determined as delineated
in Sections 6.00 and 7.00.
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B.
The
following listed subdivisions shall be considered as qualified for
the provision of land or payment of fees obligation or a combination
of both:
1.
Any
residential subdivision consisting of 51 or more lots.
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The determination as to size, design, physical suitability,
and location of a park shall be made in accordance with the principles
and standards for such recreational parks and facilities as contained
in the adopted Merced County master recreation plan, the additional
provisions of this section and related subsections, after consultation
with the department of public works, and after review and approval
by the parks and recreation commission.
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(Ord. 1730 § 1, 2004)
A.
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.
B.
The
county shall develop a schedule specifying how and when it will use
the land or fees or both to develop park or 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.
(Ord. 1730 § 1, 2004)
The following listed criteria shall be used to determine size
of dedicated park land space and/or the amount of fees to be paid
in lieu thereof:
A.
Three
acres of improved park land shall be required for each 1,000 persons
residing within the subdivision.
B.
For
the purpose of computing park land space size requirements, population
density shall be determined on the following basis:
C.
A subdivider
shall be required to pay a cash fee based on the total population
to be generated by his subdivision, and in addition, the fee shall
also include prorated costs of minimal improvements to include, but
not be limited to lawn, trees, automatic lawn sprinkling system, and
children's play equipment.
D.
Where fees in lieu of park land space dedication shall be required to be paid, the amount of such fees shall be based on the fair market value of the otherwise required park land space dedication as determined by subsections A and B of this section, and improvements values as determined by subsection C of this section.
E.
All
improvement costs shall be determined by the department of public
works, and all other costs shall be determined by the planning department.
F.
Payment
of all cash fees shall be at the time just prior to recording of the
final map or a parcel map for the subdivision.
(Ord. 1730 § 1, 2004)
It shall be the duty of the planning department, the department
of public works, and any designated officer of the county to enforce
this chapter and all provisions of the same.
(Ord. 1730 § 1, 2004)
Any person, firm, or corporation affected or aggrieved with
the action of the planning commission in connection with any action
on an application filed pursuant to this chapter may appeal to the
board of supervisors. This appeal shall be in the form of a letter
stating briefly the facts of the matter and wherein there has been
an abuse of discretion. The board of supervisors, on its own motion,
may at its next succeeding meeting, following the planning commission's
determination also elect to set any such matter for the purposes of
altering, reviewing, modifying or revoking the action of the planning
commission. Appeal letters shall be filed with the county clerk on
or before five p.m. on Monday next preceding any regular meeting of
the board of supervisors. Unless a postponement of the hearing on
the application is requested by either the applicant or the board
of supervisors, the board shall hold a hearing thereon within 30 days
after the appeal is filed, at which time all persons interested may
appear and be heard, either for or against the action of the planning
commission. The board shall make its decision upon the appeal request
within 10 days after the conclusion of the hearing.
(Ord. 1730 § 1, 2004)
Any court action or proceeding to attack, review, set aside,
void or annul any decision of matters listed in this chapter otherwise
subject to court review (other than those listed in Sections 65907,
and 66499.37 of the Government Code, and Public Resources Code Section
21167), or concerning any of the proceedings, acts, or determinations
taken, done, or made prior to such decision, or to determine the reasonableness,
legality, or validity of any condition attached thereto, shall not
be maintained by any person unless such action or proceeding is commenced
and service of summons effected within 30 days after the effective
date of such decision. Thereafter all persons are barred from any
such action or proceeding, or any defense of invalidity or unreasonableness
of such decision, or of such proceedings, acts, or determinations.
(Ord. 1730 § 1, 2004)
Any person, firm or corporation whether as principal, agent,
employee, or otherwise, violating any of the provisions of this chapter
shall be guilty of a misdemeanor, and upon conviction thereof, shall
be punishable by a fine of not more than $500, or by imprisonment
in the county jail of the county of Merced for a term not exceeding
six months or by both fine and imprisonment. Such person, firm, or
corporation shall be deemed guilty of a separate offense for each
and every day during any portion of which any violation of this chapter
is committed, continued, or permitted by such person, firm, or corporation
and shall be punishable as herein provided.
(Ord. 1730 § 1, 2004)
