As a condition to the approval of a final subdivision/or parcel map, a portion of such land shall be dedicated for park or recreational purposes, or a fee paid in lieu thereof, or a combination of both, subject to the provisions of this section.
A. Purposes. The land and fees received under this section shall be used for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the residents of the subdivision for which received.
1. Fees paid in lieu of land may be used to pay for administration of projects funded by fees received under this section.
B. Amount. The amount of land to be dedicated, or the amount of fees in lieu thereof, or combination of land and fees, shall be determined by the standards set forth in this chapter.
1. a. The land areas required for dedication may be up to an amount equivalent to that land necessary to provide five acres of park land per 1,000 residents in the proposed subdivision. In calculating the amount of land necessary, the average number of persons per dwelling unit, based on the most recent federal census, shall be used.
b. The subdivider shall without credit: (i) provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees, and sidewalks to dedicated land which is dedicated pursuant to this section; (ii) provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; (iii) provide improved drainage through the site that, where applicable, incorporates the appropriate principles and strategies in the West Placer and East Placer Storm Water Quality Design Manuals; and (iv) provide other minimal improvements which the planning commission/parks commission determines to be essential to the acceptance of the land for recreational purposes.
2. The fee required shall be $533 per resulting parcel on land zoned to permit single-family residences, $389 per dwelling unit, on lands zoned for multifamily residential use, and $351 per dwelling unit, on lands zoned for age-restricted senior use.
3. Annual Adjustment. All fees hereunder shall be adjusted each July 1st in accordance with the United States Bureau of Labor Statistics Consumer Price Index, for Urban Wage Earners and Clerical Workers, San Francisco-Oakland, all items, said adjustment to be made by adjusting the amounts according to the following formula:
4. The adjustment in each fee will be calculated based on the difference between the most currently available index and the index amount for the same month of the previous year. The resulting figure to be rounded downward to the nearest five dollars.
5. Upon concurrence of the subdivider and the county, the subdivider may construct public recreational facilities in lieu of fees required. The credit given to the subdivider for design and construction of the public recreational facilities shall be equivalent to an engineer estimate for the cost of such improvements approved by the county. Phasing of park improvements to coordinate with the phasing of residential improvements by the subdivider shall be appropriately considered by agreement between the county department of parks and open space and the subdivider.
C. Park Commission Recommendation. The planning commission/hearing body, in its findings, may consider the recommendation of the parks commission relative to the dedication of land and/or fees or both.
D. Fifty Parcels or Less—Fee Only—Phases Development. Only the payment of fees is required in subdivisions containing 50 parcels or less. However, dedication of land may be required in phased developments when the cumulative total of parcels in all phases exceeds 50 parcels.
E. Limitations. Dedicated land and fees are to be used for the purpose of providing local park and recreation facilities to serve residents of the subject subdivision. If the general, specific or community plan for the county calls for a larger park or recreational development within the serving district or county service area containing the subdivision the lands or fees may be applied to local park and recreational facilities within the larger recreational are so long as the use otherwise complies with Government Code Section
66477(c).
F. Time of Payment.
1. Land or fees required under this section shall be conveyed to the county prior to the approval of the final map. If the final map is not approved, the land or fees shall be returned to the developer. No refunds will be given for any fees paid under any prior ordinance.
2. Payment With Building Permit.
a. Fees collected from lands zoned for multifamily residential use, as provided in subsection (B)(2) shall be collected at the time that a building permit (for a residential structure) is issued on the parcel of land and such fee shall be based on the number of units for which the building permit is issued and the fee in effect at that time.
b. It shall be a condition of approval of the subdivision or parcel map, or waiver, that this provision be listed on the report document, if existing, for said map or waiver.
G. Disposing of Acquired Lands. Nothing in this section shall prohibit the public agency from selling or trading land acquired under the provisions of this section; provided, the proceeds of said sale or exchange are used in conformance with the provisions of this section and such sale or trade is reviewed by the planning commission.
H. Allocation Between Land and Fees. The allocation between land to be dedicated and/or fees to be paid in lieu thereof and the location of any land to be dedicated shall be determined by the following standards:
1. The park and recreational facilities must be in accordance with the principles and standards contained in the recreational elements of the county's general plan or more specific area plans and, where applicable, the West Placer and East Placer Storm Water Quality Design Manuals.
2. The land to be dedicated shall be suitable for the development of park and recreational facilities, clear of encumbrances and with clear title, as well as useful and accessible to the future inhabitants of the subdivision.
3. The dedication of land is to be preferred to the payment of fees; however, the payment of fees or a combination of land and fees shall be considered where suitable park and recreational sites do not exist within the subdivision or when complete or partial payment of fees would better suit the development of park and recreational facilities in the area.
4. Where a combination of land and fees is required, the total value of such dedication shall not exceed the cost of providing fully developed park land and recreational facilities at the ratio of five acres of developed park land per 1,000 people.
5. In calculating the total value of the required dedication the value of the land at the time of recording the final map shall be used along with the latest avail-able cost figures for development of recreational facilities.
I. Private Facilities Credit. Where private park and recreational facilities are provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be credited against the amount of land to be dedicated or fees paid in lieu thereof, or a combination thereof, up to 50% of the amount required, provided that the following conditions are met:
1. Developed for Use. That yard, court areas, setbacks and other open space areas required to be maintained by the zoning and building regulations shall not be available for use as a credit unless actually developed for active recreational use; and
2. CC&R Restricted. The private recreation facilities and areas shall be restricted for park and recreational purposes by covenants, conditions, and restrictions running with the land in favor of the future owners of the property within the tract which cannot be defeated or eliminated without the consent of the board of supervisors. The private ownership and maintenance of recreation facilities and areas shall be provided for in the CC&Rs; and
3. Reasonably Adaptable. That the proposed private facilities and areas are reasonably adaptable for park and recreation purposes taking into consideration such factors, as size, shape, topography, geology and access; and location; and
4. General Plan. That the proposed facilities are in substantial accordance with the provisions of the recreational element of the county general plan; and
5. Alternative to Public Recreational Facilities. Such private recreational facilities must provide a reasonable alternative to the park and recreational facilities otherwise obtainable under this section; and
6. Types of Facilities and Amount of Credit. The private recreation facilities for which credit is given must contain at least one of the basic elements listed in subsection (I)(6)(a), (b) or (c) of this section or a combination of such plus other recreation improvements, (subsection (I)(6)(d) of this section), that will meet a substantial portion of the specific recreational park needs of the future residents of the subdivision. Where one element (a), (b), or (c), is provided in this manner up to a 25% credit may be granted, where two or more elements are present up to the maximum 50% credit may be granted.
a. Recreational open spaces, which are defined as developed park areas for active recreation pursuits such as soccer, golf, baseball, softball and football and have at least one acre of maintained turf, per 1,000 residents, available for recreational use, with less than five percent slope;
b. Court areas which are generally defined as tennis courts, basketball courts or similar hard-surfaced areas specially designed and exclusively used for court games;
c. Swimming pools where the minimum size is 1,000 square feet of surface water area and where at least 10 square feet of surface water area is provided per dwelling unit and where the surrounding deck area is at least equivalent to the surface area of the pool;
d. Other recreational improvements which may be eligible to provide a credit include: equestrian facilities within subdivisions which permit the keeping of horses; improved stream, lake or beach access areas; and other recreational facilities which the planning commission determines to be appropriate.
7. Private recreational facilities for which credit is given, pursuant to this section, shall be constructed as a part of the first phase of the subdivision receiving the credit.
8. There shall be no credit against the fees required by this chapter for the "in-tract" private recreational facilities required in a Planned Development as described in Section
17.54.100(D).
J. Exclusions. The provisions of this section do not apply to the following:
2. Condominium projects which consist of the subdivision of airspace in an existing apartment building, which is more than five years old, when no new dwelling units are added;
3. Parcel maps for a subdivision containing less than five parcels for a shopping center containing more than 300,000 square feet of gross leasable area and no residential development or uses.
4. Subdivisions containing less than five parcels and not used for residential purposes shall be exempt from the requirements of this section; provided however, that a condition shall be placed on the approval of the 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 from that date of approval of such parcel map the fee shall be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.
K. Invalidity—Savings Clause.
1. If any section, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.
2. State Government Code Section
66477(f) also requires the following:
(f) | The city or county, or other local public agency to which the land or fees are conveyed or paid shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision. Any fees collected under the ordinance 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 no 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. |
(Prior code § 19.343 and § 19.107; Ord. 5299-B Exh. A, 2004; Ord. 5824-B §§ 6, 7, 2016; Ord. 5917-B § 4, 2018; Ord. 6002-B § 4, 2020; Ord. 6075-B § 5, 2021)
